JAMMU AND KASHMIR SECONDARY EDUCATION ACT, 1965 THE JAMMU AND KASHMIR SECONDARY EDUCATION ACT, 1965 [Act No. 02 of 1965] [24th March, 1965] An Act to establish and incorporate a Board of Secondary Education Be it enacted by the Jammu
and Kashmir State Legislature in the Sixteenth Year of the Republic of India as
follows:-- (1)
This Act may be called the Jammu and Kashmir Secondary Education
Act, 1965. (2)
This section shall come into force at once The rest of the Act
shall come into force on such date as the Government may by notification in the
Government Gazette appoint in this behalf. (3)
It extends to the whole of the State. In this Act, unless there
is anything repugnant in the subject or context,-- (a)
"Board" means the Board of Secondary Education
established under section 3; (b)
"Chairman" means the Chairman of the Board; (c)
"Vice-Chancellor" means the Vice-Chancellor of the Jammu
and Kashmir University; (d)
"Educational Adviser" means the Educational Adviser of
the Jammu and Kashmir State; (e)
"Director of Education" means the Director of Education
of Jammu and Kashmir State; (f)
"Head of the Institution" means the Headmaster or
Headmistress of a High School or a Principal of a Higher Secondary School
recognised by the Board; (g)
"institution" means an institution imparting Secondary
Education and may also include a part of an institution; (h)
"recognised" with its grammatical variation, used with
reference to institutions, means recognised by the Board for the purpose of
admission to the privileges of the Board; (i)
"prescribed" means prescribed by regulations; (j)
"regulations" means regulations made under this Act; (k)
"Secondary Education" means the education imparted in
High Schools or Higher Secondary Schools of the Jammu and Kashmir State; (l)
"Secretary" means the Secretary of the Board; (m)
"University" means the University of Jammu and Kashmir; (n)
"Vice-Chairman" means the Vice-Chairman of the Board. (1)
The Government shall establish, by a notification in the
Government Gazette, a Board of Secondary Education for the State. (2)
The Board shall be a body corporate by the name of the Jammu and
Kashmir Board of Secondary Education. It shall have perpetual succession and a
common seal and may sue or be sued in its corporate name. The Board shall consist of
the following, namely:- (a)
Vice-Chancellor (ex-officio Vice-Chairman); (b)
Educational Adviser (ex-officio Vice-Chairman); (c)
two Divisional Pro-Vice Chancellors of the University of Jammu and
Kashmir; (d)
Director of Education; (e)
Deputy Directors of Education of Jammu and Kashmir Provinces; (f)
Deputy Directresses of Women's Education of Jammu and Kashmir
Provinces; (g)
two Principals of Higher Secondary Schools for Boys--one each from
the Provinces of Jammu and Kashmir, nominated by the Government; (h)
two Principals of Higher Secondary Schools for Girls--one each
from the Provinces of Jammu and Kashmir, nominated by the Government; (i)
four Headmasters of Boys High Schools--two each from the Provinces
of Jammu and Kashmir, nominated by the Government; (j)
two Headmistresses of Girls High Schools--one each from the
Provinces of Jammu and Kashmir, nominated by the Government; (k)
four persons nominated by the Central Council of the University of
Jammu and Kashmir two each from the Provinees of Jammu and Kashmir; (l)
four persons nominated by the Government to - represent interests
not otherwise adequately represented; (m)
the Registrar of the University of Jammu and Kashmir; (n)
the Joint Registrars of the two Divisions of the University of
Jammu and Kashmir; (o)
Principal, Medical College, Srinagar; (p)
Principal, Engineering College, Srinagar; and (q)
one Principal of an Agriculture College, nominated by the
Government. The headquarters of the
Board shall be at Srinagar and Jammu from such dates to such dates as the
Chairman may from time to time determine: Members, other than
ex-officio members of the Board, shall hold office for a term of three years
from the date of the notifications published under section 8: Provided that even after
the said period of three years such members shall continue to hold office till
their successors have been notified under section 8. When the term of office of
members, other than ex-officio members, has, expired, vacancies so caused shall
be filled within one month in the prescribed manner. The names of persons who
have been nominated to be members of the Board under section 4 shall be
published by the Government and the University of Jammu and Kashmir by
notifications in the Government Gazette. Subject to the provisions
of this Act and also subject to the broad educational policies and such
direction's and instructions as the Government may adopt and issue from time to
time, the Board shall have the following powers and functions:-- (i)
to prescribe courses of instruction for the High School and Higher
Secondary School Examinations; (ii)
to conduct public examinations for persons who have pursued the
High Schools and Higher Secondary Courses; (iii)
to publish the results of examinations conducted by the Board; (iv)
to grant diplomas or certificates to persons who have passed the
examinations of the Board under conditions laid down in the regulations; (v)
to recognize institutions for the purpose of providing instruction
in the High School and Higher Secondary School Courses; (vi) to admit
candidates to the examinations of the Board; (vi)
to demand and receive such fees as may be prescribed; (vii)
to hold, control and administer the funds and property of the
Board; (viii)
to co-operate with the University of Jammu and Kashmir in
particular and with other authorities in general, in such manner and for such
purposes as the Board may determine; (ix)
to place before the Government and the University of Jammu and
Kashmir, as the case may be, the views of the Board on any matter with which it
is concerned; (x)
to call for reports from the Educational Adviser and the Director
of Education, on the condition prevailing in recognised institutions or in
institutions applying for recognition; (xi)
to adopt measures, to promote the physical, moral, cultural and
social welfare of students in recognised institutions; (xii)
to take such measures as the Board may think are necessary to
raise the standard of Secondary Education in the State; (xiii)
to institute and award scholarships, medals and prizes under
conditions that may be prescribed; (xiv) to frame
regulations for carrying out its purposes; (xv)
to approve the annual financial estimates of the Board after
having been endorsed by the Finance Committee; (xvi) to
appoint committees, consisting of such members of the Board and such other
persons, if any, as the Board in each case may deem fit, for carrying out
specified-purposes and to delegate to these committees such powers as it may
deem fit; and (xvii) to do all
such other acts and things as may be requisite in order to further the objects
of the Board as a body constituted for regulating and supervising High School
and Higher Secondary Education in the State. A Board Fund shall be
constituted and all sums received by or on behalf of the Board under this Act
or otherwise shall be placed to the credit thereof. (1) All
moneys at the credit of the Board Fund, except permanent advance required to
meet petty expenditure, shall be kept in the current or savings bank account
with a scheduled Bank: Provided that nothing in
this section shall be deemed to preclude the Board from investing any moneys
belonging to the Board including any unapplied income in any of the, approved
securities or to place on fixed deposit in any scheduled Bank, any portion of
such moneys not required immediately for expenditure. Explanation: In this
sub-section, the expression 'scheduled Bank' means a Bank whose name is for the
time being contained in the second Schedule to the Reserve Bank of India Act
1934 (II of 1934). (2) Subject
to the direction of the Chairman, the accounts of the Board with a Bank shall
be operated upon by the Secretary of the Board or by such other Officer, as may
be authorised by the Board for the purpose. (1)
Subject to the provisions of this Act, the Board Fund shall be
applied as follows:-- (i)
for the payment of charges and expenses incidental to several
matters specified in this Act in accordance with regulations made in this
behalf; (ii)
for other purposes for which by or under this Act powers are
conferred or duties imposed upon the Board in accordance with the regulations. The accounts of the Board
shall be audited annually by such agency as may be specified by the Government,
and a copy of the audited accounts and balance sheet shall be submitted by the
Board to the Government each year by such date as the Government may specify. All contracts and
assurances of property of the Board shall be in writing for and on behalf of
the Board and shall be signed by the Secretary or a person authorised by the
Board or in such other manner as may be prescribed, and shall, if so signed, be
binding on the Board. Subject to the other
provisions of this Act, the following shall be the officers of the Board,
namely-- (1)
the Chairman; (2)
the Vice-Chairman; (3)
the Secretary to the Board; (4)
such other officers as may be declared by the regulations to be
the officers of the Board. The Vice-Chancellor of the
University of Jammu and Kashmir shall be the ex officio Chairmen of the Board. (1)
The Chairman shall be the head of the Board, and shall ensure that
this Act and the regulations are faithfully observed and shall have all powers
necessary for this purpose. (2)
The Chairman may at any time, and shall at prescribed intervals or
on receipt of a requisition signed by not less than one-third of the total
number of members of the Board and stating the business to be brought before
the Board, call a meeting of the Board in the prescribed manner. (3)
The Chairman shall have the power to seek a review of previous decision
or decisions of the Board as he deems necessary. (4)
If, in the opinion of the Chairman, any emergency has arisen which
requires that immediate action should be taken, he shall take such action as he
deems necessary, and shall thereafter report the action taken to the Board at
its next meeting. (5)
The Chairman shall preside at every meeting of the Board at which
he is present. The Educational Adviser to
the Jammu and Kashmir Government or such other official-as the Government may
nominate shall be the ex officio Vice-Chairman of the Board. The Vice-Chairman shall
assist the Chairman in all matters, administrative and academic shall discharge
such duties and exercise such powers as may be delegated to him under the
regulations and shall, in the absence of the Chairman, preside over the
meetings of the Board. (1)
The Registrar of the Jammu and Kashmir own duties, shall act as
the Secretary of the Board and shall perform such duties and exercise such
powers as have been delegated to the Secretary under the provision of this Act
and the regulations. (2)
The Secretary shall, subject to the control of the Board, be the
Chief Executive Officer of the Board. (3)
The Secretary shall be responsible for the preparation and
preparation of the annual estimates and statements of accounts. (4)
The Secretary or any other officer authorised by him, shall, under
the authority of the Chairman, conduct the official correspondence of the
Board. (5)
Subject to the control of the Examination Committee, the Secretary
shall be responsible for making arrangements for holding the examinations of
the Board. (6)
The Secretary shall, on behalf of the Board, issue diplomas and
certificates in the prescribed form to the successful candidates who have
passed the examinations of the Board. (7)
All meetings of the Board shall be convened through the Secretary
in the manner provided in the regulations. (8)
The Secretary shall be responsible for seeing that all moneys of
the Board are expended for the purpose for which they are granted or allotted. (9)
The Secretary shall be responsible for keeping the minutes of all
meetings of the Board. (10)
The Secretary shall be entitled to be present and to speak at any
meeting of the Board, but shall not be entitled to vote thereat. (11)
The Secretary shall exercise such other powers as may be
prescribed. (1)
The Board shall appoint one Joint Secretary and two Assistant
Secretaries and other officers on such conditions and for such period as the
Board may deem fit. (2)
The Joint and Assistant Secretaries shall perform such functions
and exercise such powers as may be prescribed by the Board. (3)
The Board may appoint such clerical staff and other servants as it
considers necessary for the efficient performance of its functions. (4)
The qualifications, conditions of service and the scales of the
pay of the Joint and Assistant Secretaries, the other officers and the other
servants of the Board, other than the Secretary, shall be determined by the
regulations. (1)
The Board shall appoint the following Committees namely:-- (a)
Committees of Courses; (b)
a Committee for Examinations; (c)
a Recognition. Committee; (d)
a Finance Committee; (e)
an Academic Committee to consider general questions relating to
the Curricula; (f)
a Results Committee; (g)
a Committee on Women's Education; (h)
such other Committees, if any, as may be prescribed; (2)
Each Committee of Courses shall be so constituted as to provide
adequate representation to the members of the Board of Studies of the
University of Jammu and Kashmir. (3)
A Committee shall have the power to co-opt experts to serve
thereon up to a limit of one-third of the total number of members of the
Committee. (4)
The number of members appointed by the Board to any Committee
shall ordinarily be not less than three and not more than five. (5)
The Board shall appoint a member of each Committee to be the
convener thereof. (6)
The term of the members shall be as prescribed by regulations. (7)
Unless otherwise provided in the regulations, no person shall be a
member of more than two of the following Committees? (a)
the Committee for Examinations; (b)
the Finance Committee; (c)
the Recognition Committee; (d)
the Academic Committee; (a) The
Committees of Courses In accordance with the
Regulations to be prescribed for the purpose each Committee of Courses shall
lay down a Syllabus in the subject or subjects with which it is concerned and
recommend suitable text books when necessary. (b) The
Committee of Examinations The Committee for
examinations shall, subject to the control of the Board,-- (i)
make arrangements for the conduct of the examinations in
conformity with the regulations; (ii)
appoint paper-setters and examiners after considering the
recommendations of the Committees of Courses, subject to the approval of the
Board; (iii)
propose the opening and closing of centers of examinations; (iv)
appoint tabulators for the examinations conducted by the Board; (v)
consider cases of the use of unfair means in the examinations
conducted by the Board; (vi)
scrutinize applications from private candidates for permission to
appear at the examinations of the Board, and (vii)
consider all other matters arising out of the conduct of
examinations and make recommendations, where necessary, to the Board. (c)
The Recognition Committee The Recognition
Committee-shall scrutinize applications received from schools desiring to be
recognised for the purpose of an examination or examinations conducted by the
Board, call for other information necessary for purposes of recognition and
perform such other duties as may be delegated, to it by the Board. It may
appoint sub-committees for the purpose when necessary. (d)
The Finance Committee (i)
The Finance Committee shall act as an advisory body in all matters
concerning the finances of the Board. (ii)
The Finance Committee shall prepare the annual budget of income
and expenditure and submit it to the Board for its approval. (iii)
No new items of expenditure shall be incurred by the Board or its
administrative or executive head except with the prior permission of the
Finance. Committee. (e)
The Academic Committee The Academic Committee
shall-- (i)
consider all academic questions relating to the examinations
conducted by the Board, including the conditions to be fulfilled and the tests
to be passed by the candidates and report thereon to the Board; and (ii)
recommend to the Board the syllabi and courses of study for the
examinations held by the Board except such text books as may be got edited by
the Board itself, after considering the recommendations of the Committees of
Courses. (f)
The Results Committee.-- In accordance with the
regulations, the Results Committee shall-- (a)
authorise declaration and publication of the results of the
examinations conducted by the Board; (b)
subject to the approval of the Board, quash the result of a
candidate after it has been declared if he is disqualified for having used
unfair means in the examinations; and (c)
amend, subject to confirmation by the Board the result of a
candidate after it has been ascertained and published, when found to have been
affected by error, mal-practice, fraud or any other improper conduct. (g)
The Committee for Women's Education.-- The Committee for Women's
education shall make suggestion's and recommendations to the Board for the
dissemination and promotion of such education in the State. It shall also perform
such other duties and exercise such other powers as may be prescribed by the
regulations. All casual vacancies among
the members other than ex-office members of the Board or of a Committee
appointed by the Board shall be filled, as
soon as convenient, by the Government or
body or person who nominated the member whose place has become vacant and the
person nominated or appointed to a casual vacancy shall be a member of the
Board or of the Committee, as
the case may be, for the residue of
the term for which the person whose place he fills would have been a member. No act or proceedings of
the Board or of a Committee appointed by it shall be invalidated merely by
reason of the existence of a vacancy or vacancies among its members, or by
reason of a defect in its constitution or an irregularity in procedure not
affecting the merits of the case. No business shall be
transacted at any meeting of the Board or any Committee thereof unless members
numbering at least one-third of the total number of members of the Board or
Committee are present at such meeting. No member shall take part
in the discussion of, or exercise his vote on, any matter in which he has any
personal interest. (1)
The Government shall have the right to cause an enquiry to be made
by such person or persons as it may direct in respect of any matter connected
with the functioning of the Board. (2)
The Government may address the Board with reference to the result
of such enquiry with such advice as the Government may offer upon the action to
be taken. (3)
The Board shall report to the Government such action. If any as it
proposes to take or has taken upon the communication received under sub-section
(2). (4)
If the Board does not, within a reasonable time take action to the
satisfaction of the Government with reference to the matter on which a
communication has been received under sub-section (2), the Government may,
after considering any report which the Board may furnish, issue such
directions, consistent with the provisions of this Act, as it may think fit and
the Board shall comply with such directions. If any difficulty arises as
to the first constitution of the Board and of any of its committees after the
commencement of this Act, or other wise in giving effect to the provisions of
this Act, the Government as occasion may require, may by order do anything
which appears to them necessary for the purpose of removing the difficulty. (1)
The Board may make regulations for the purposes of carrying into effect
the provisions of this Act. (2)
In particular and without prejudice to the generality of the
foregoing power, the Board may make regulations providing for the following
matters, namely:-- (a)
the procedure of the Board and its Committees; (b)
the constitution, powers and duties of the Committees set up by
the Board; (c)
the conferment of diplomas and certificates; (d)
the conditions for admission of institutions to the privileges of
recognition and withdrawal of recognition; (e)
the courses of study to be laid down for all certificates
including such courses of study as may be edited, printed and published by the
Board itself; (f)
the conditions under which candidates shall be admitted' to the
examinations of the Board and shall be eligible for diplomas and certificates; (g)
the fees for admission to the examinations of the Board; (h)
the remuneration for paper-setters, examiners, supervisory staff
engaged for conduct of the examinations of the Board and others; (i)
the appointment of examiners and their-powers and duties; (j)
the conduct of examinations; (k)
the appointment of officers, clerical staff and other servants of
the Board; (l)
the constitution of a Provident Fund for the benefit of officers,
clerks and other servants employed by the Board; (m)
the control, administration, safe custody and management in all
respects of the finances of the Board; (n)
the institution of scholarships, medals and prizes; (o)
the allowances of members of the Board and all its Committees; (p)
the conditions of the pensions of permanent employees of the Board;
and (q)
all matters which by this Act are to be or may be prescribed or
provided for by regulations. The first regulators shall
be made by the Government after previous publication, and they shall be deemed
to have been made by the Board and shall continue to be in face until altered
by the Board: Provided that till such
time as the Government publishes the first regulations, the Statutes, Rules and
Regulations prescribed and adopted by the University of Jammu and Kashmir in
accordance with the provisions of the Jammu and Kashmir University Act of
Samvat 2005, shall be acted upon for organising, regulating and supervising the
High School and Higher Secondary School Education in the Jammu and Kashmir State,
unless otherwise those are repugnant to the provisions of this Act. A copy of every regulation
made by the Board under section 30 and of every medication or revision thereof
or of each of the first regulator of the Board (sic) deemed to have been made
under section 31 shall be submitted to the Government for information. Notwithstanding anything
contained in this Act, all educational institutions admitted to the privileges
of the University of Jammu and Kashmir in respect of High School and Higher
Secondary School Education and s`ituate within the territories of the State
shall, in respect of such education, with office from the date of commencement
of this Act, be deemed to be admitted to the privileges of the Board, and the
Board shall, as far as possible and consistent with the provisions of this Act,
admit such institutions to all such privileges Alleges in respect of Secondary
Education as they had from the University of Jammu and Kashmir before the said
date. Notwithstanding anything
contained in this Act of the regulators made thereunder, the Board shall
provide for such period and in such-manner as may be prescribed for instruction
of students of institutions admitted to the privileges of the University of
Jammu and Kashmir, who, before the date of the commencement of this Act were
studying or were eligible for any examination of the said University in
Secondary Education and for the examination of such students and others in
accordance with the prospectus of studies of the University of Jammu and
Kashmir. Notwithstanding anything
contained in this Act, the continuity of the services of the personnel of the
administrative and other inferior staff which may be transferred to the Board
from the establishment of the University of Jammu and Kashmir shall remain
unaffected in any way. Under the employment of the Board, they shall be
entitled to all such claims, privileges and facilities as they have in the
service of the said University, besides such other privileges and facilities as
the Board may prescribe under the provisions of this Act, for its employees. Where any provision of this
Act or the regulation refers to any officer of Government by designation, then,
if that designation is altered or the office held by such officer ceases to
exist, the 'reference shall be construed as reference to the altered
designation, or as the case may be, to such corresponding officer as the
Government may direct. Till such time as the Board
and the Committees are constituted under the provisions of this Act, the
Chairman shall have power to perform such duties and exercise such powers as
have been conferred up`on the Board and the Committees under the provisions of
this Act.
Preamble - JAMMU AND KASHMIR SECONDARY EDUCATION ACT, 1965PREAMBLE