[THE ASSAM AIDED HIGHER SECONDARY, HIGH AND
MIDDLE ENGLISH SCHOOLS MANAGEMENT RULES, 1976][1]
In supersession of
the rules under Section 11 of Chapter III of Assam Education Department Rules
and Orders and any subsequent orders issued thereunder, the Governor of Assam
is pleased to issue the following rules- These rules may be called the Assam Aided
Higher Secondary, High and Middle Schools Management Rules, 1976. These rules shall come into force from the
date as the Government by notification appoint and publish in the Official
Gazette. The Managing Committee of Aided Higher Secondary, High and Middle
Schools constituted or reconstituted under Section 11 of Chapter II of the
Education Department Rules and Orders shall stand dissolved from the date the
Assam Aided Higher Secondary, High and Middle Schools Management Rules, 1976
come into force.[2] Every Higher Secondary School, High School
and Middle English School shall be governed by Managing Committee the
constitution of which has been approved by the Inspector of Schools save
in cases where the Director of Public Instruction allows an exception under
special circumstances. Save in cases where the Director of Public
Instruction sanctions a Special Committee under Special circumstances each
Managing Committee shall consist of the following members, viz - (a) (i)
President; (ii) One Secretary; (iii) Two teacher members except in case of
Middle Schools where this number will be one, to be elected by the teaching
staff (excluding Assistant Headmaster/Vice-Principal/Headmaster/Principal) of
the School from among themselves; (iv) Two representatives to be elected by the
guardians; (v) One member to be elected by the Donors of
not less than Rs. 500.00 and subscribers of Rs. 25.00 or above annually; (vi) Three members to be nominated by the
Government. In Girl's Schools, one of the nominated members shall be a Lady; (vii) Assistant Headmaster/Vice-Principal
-Ex-Officio. (b) The
President shall be nominated by the Government. (c) The
Principal of the Higher Secondary School, the Headmaster of the High School or
the Headmaster of the Middle School shall be nominated by the Government as
Ex-officia Secretary of the Managing Committee of the School, unless there is
any specific allegation against any Principal or Headmaster of Higher Secondary
Schools or High Schools or Middle Schools. (d) One
of the non-official members shall be nominated as Joint Secretary. He will be
allowed by the Government to function as the Secretary when the Secretary is
unable to function due to illness, long leave or any limitation imposed under
clause (c) above; (e) When
special circumstances so justify not more than two additional members in excess
of the members prescribed in this rule may be nominated by the
Government. Note -The power of nomination under this rule
is delegated to Inspector of Schools."][3]
Appointment of Government Officers to
Managing Committees of Aided Schools will be ex-officio as far as practicable.
For such appointments prior approval of the authority under whose
administrative control the officer concerned works is to be obtained. Once the
appointment of a certain Government Officer as a member of particular Managing
Committee is approved under this rule, this approval will be presumed to apply
to all his successors in that office unless the authority according the
approval desires otherwise. The Inspector of Schools may dissolve and
reconstitute a Managing Committee at any time, if circumstances so demand
subject to the approval of the Director save in cases where such approval may
be presumed to have been obtained under any general or special orders of the
Director. Subject to Rule 6 above the term of a
Managing Committee will ordinarily expire after a period of three years from
the date of the First sitting of that Committee with the required quorum or its
being reconstituted, but the members will be eligible for re-appointment or
re-election, as the case may be, not later than 3 months before the expiry of
the term, the Secretary of the Committee shall intimate to the Inspector of
Schools, the actual date on which the term of the existing Committee expires and
shall forward alongwith it the names of the newly elected members the election
being held well ahead of time. If the names of the elected members are not
received in time, the Managing Committee shall be reconstituted by the
Inspector of Schools with the nominated members and the Principal and
Headmaster without any reference from or to the Schools authority. The quorum
for such a Committee shall be mentioned in the order of the re-constitution.
The names of elected members may be subsequently included in the
re-constitution when received. Subject to Rules 6 and 7 above an ex-officio
member of the Managing Committee shall automatically cease to be a member as
soon as he vacates the particular office during the tenure of and by virtue of
which he was appointed as such, and his successor will be deemed to be
appointed as ex-officio member of the Managing Committee in the capacity of his
predecessor. Such changes should be reported immediately by the Secretary of
the Committee. An ex-officio member shall not resign his
membership of a Managing Committee. He may, however, be relieved of his office
in the exigencies of public service by the President of the Committee when the
District or the Sub-Divisional Officer is the President and in other cases by
the Inspector of Schools in consultation with the authority with whose prior
approval he was appointed to the Committee under Rule 5 of this part. No member of a Managing Committee being an
employee of the Institution shall attend any meeting at which any matter
relating to his pay, promotion or conduct is under discussion. But it will be
open to the President to call him for making any statement or representation on
the subject but he shall leave the meeting immediately after doing so. No member of a Managing Committee who is not
a member of the staff, shall apply for appointment under the Managing Committee
without first resigning his membership. No member of Managing Committee shall enter
into any contract for work or supply of materials or for any sale or purchase
with the Managing Committee except with the previous permission of the
President of the Committee where he is the District or Sub-Divisional Officer.
If the President be not a District or Sub-Divisional Officer the previous
permission of the Inspector of Schools shall have to be obtained. Any member who absents himself from three
consecutive meeting of Managing Committee without the consent of the Committee
shall cease ipso facto to be member of that Committee and the Secretary shall
report this fact immediately to the Inspector of Schools for confirmation.
Further, the office of member of a Managing Committee other than an ex-officio
member shall be vacated subject to confirmation by the Inspector of Schools: (i) if
he becomes insolvent; (ii) if
by reason of his physical or mental disability he becomes incapable of action
as such; (iii) on
death or resignation; and (iv) on
his being convicted of a criminal offence which in the opinion of the Inspector
of Schools is of a serious nature. Occurrence of any vacancy in a Managing
Committee shall be reported forthwith by the Secretary of the Committee to the
Inspector of Schools who shall take steps to fill up the vacancy in the manner
in which it was originally filled up. The proceedings of a Managing Committee
during the continuance of such vacancy or vacancies shall not be void provided
there is the required quorum. Five members shall form a quorum except in
cases of Committee with less than eight members where four shall form a quorum. A meeting of the Committee will be called by
the Secretary atleast once a quarter. Not less than seven day's notice should
be given of the meeting. The notice will set forth the business to be
transacted at the meeting and no business other than that so stated will be
transacted except with the consent of three fourths of the members present.
When any business of which notice has not been given is considered at a
meeting, the decision recorded on resolution adopted in regard to such business
at the meeting will be communicated forthwith to all the members and action on
it will be held in suspense pending reconsideration at a subsequent meeting
which may be convened on a requisition made by not less than three members of
the Committee within seven day's of the communication of the original
resolution. Failing such a requisition the resolution or decision will be
validated. In the absence of the President one of the
members other than the members of the teaching staff present will be elected to
preside. The President of the meeting will have a
casting vote in addition to his ordinary vote when the vots of the members
present are equally divided. Under the direction of the Committee the
Secretary will carry on correspondence with the proper authority on behalf of
the Committee provided that no correspondence shall be made direct to the Board
of Secondary Education, Assam or the Government who can be addressed only
through the Inspector of Schools and the Director. Subject to the rules in this regard the
Managing Committee may frame further rules of business that may be necessary
under intimation to the Inspector of Schools. An annual report of the Schools will be
prepared by the Secretary which shall be submitted to the Inspector of Schools
as the case may be, in case of Higher Secondary or High Schools and to the
Deputy Inspector of Schools in case of Middle Schools for Boys and to the
Assistant Inspectress of Schools in the case of Middle Schools for Girls, after
being approved by the Managing Committee. The Managing Committee will have the general
direction and control of the current business of the School which will be conducted
by the Principal/Headmaster in accordance with the rules and orders prescribed
by the Government. The following particular duties are assigned
to the Managing Committee - (1) To
see that the popularity of the School does not suffer from preventable casues. (2) To
undertake the financial management of the School, to collect authorised
subscription, to see that the fees are realised and that exemption from payment
of fees are not granted except in accordance with the rules in force. (3) To
arrange for maintenance of the school house, furniture and equipments in proper
repair and in sufficiency for the enrolment and when their resources are
inadequate, to take such steps as are necessary to supplement them by obtaining
contributions in money, labour or kind and by applying for grant-in-aid. (4) To
grant leave to the teachers subject to the prescribed rules. The grant of leave
other than casual leave and the arrangement made to fill the vacancy being
reported to the Inspector of School in the case of Higher Secondary and High
Schools and the Deputy Inspector of Schools in the case of Middle Schools. (5) To
appoint persons in connection with the affairs of the Schools, all such
appointments being however, made with the prior approval of the Inspector of
Schools and subject to the rules in force. No such approval is necessary in the
case of appointment of person in the menial staff. (6) To
arrange for half-yearly internal audit of all School funds and verification of
stock and furniture. These duties should ordinarily be entrusted to one or two
members of the Managing Committee other than the office bearers and teachers
members. If, there is such member in the Committee competent to take up these
duties, the Committee may employ an outside for the purpose on reasonable payment
if funds permit. The following are the duties and functions of
the Secretary of the Managing Committee: (i) He
is to receive and draw all grants sanctioned by the Inspector of Schools or the
Director; (ii) To
utilise the grants for the purpose for which it is sanctioned and submission of
utilisation certificate to the authority sanctioning such grants in time; (iii) To
disburse the deficit grant sanctioned for payment towards salray of the
teaching and other non-teaching sanctioned staff of the School within a week
from the date of receipt of such grant with intimation to the Inspector of
Schools concerned; (iv) To
assist the auditors while auditing the School fund. If it is found that the principal of a Higher
Secondary or a Headmaster of High or Middle School who is the Ex-officio
Secretary of the Managing Committee has committed any serious lapse and his
continuance as Secretary of the Managing Committee will jeopardise the very
purpose of nominating him as Secretary of the School Managing Committee, the
Inspector of Schools may replace him as per rules and allow the Joint Secretary
to function as Secretary till such time the charges on which he is replaced is
finalised and he is acquitted of all charges honourably. The Secretary will be
subject to disciplinary action against him under relevant provisions of the
Assam Services (Discipline and Appeal) Rules, 1964 and any other rules framed
from time to time in this behalf. Except there it is ordered otherwise by
general or special orders, the Managing Committee will leave to the Principal/
Headmaster all routine questions in connection with arrangement of classes,
admission, transfer of pupils, settlement of class routine, periodical
examination, awarding of class promotion and all matters of routine relating to
instruction, administration and discipline and control of the pupils and the
Staff. It will be open to the Managing Committee, however, to depute one or
more of their members to make an enquiry into any of these matters and to report
thereon to the Department. Except as approved an under these rules all
matters relating to disbursement of money on account of scholarship/stipends to
students, the Principal or Headmaster of the School concerned shall be held
directly responsible to the Government for any omission/ commission in this
regard and the Government shall have the power of appointing authority for
placing them under suspension and of the disciplinary authority for taking
disciplinary action against them under relevant provision of the Assam Services
(Discipline and Appeal) Rules, 1964 and any other rules framed by the
Government from time to time in this behalf. The Managing Committee will further perform
the duties assigned to them by any special or general orders which have been
issued and may hereafter be issued under the sanction of the Government or the
Director. [1]
Note - The above Rules has not published in the Official Gazette. [2]
With effect from 1-9-1976 vide Notification No. ESS. 149/76/2, dated the 19th
August, 1976. Published in the Assam Gazette Extraordinary (No. 88), dated 25th
August, 1976, p-521. [3]
Substituted Rule 4, vide Notification No. ESS. 149/75/161, dated the 16th May,
1978.
Note - Before Substitution of Rule 4, read as follows -THE ASSAM AIDED HIGHER SECONDARY, HIGH AND MIDDLE
ENGLISH SCHOOLS MANAGEMENT RULES, 1976
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