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Haryana Board of
School Education Act, 19692
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Year
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No.
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Short title
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Whether repealed or otherwise affected by legislation
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1969
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11
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The Haryana Board of School Education Act, 1969.
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Amended by Haryana Act 2 of 19703
Amended by Haryana Act 6 of 19744
Amended by Haryana Act 26 of 19795
Amended by Haryana Act 33 of 19806
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An
Act to provide for
the establishment of a Board of School Education in the State of Haryana.
Be it enacted by the Legislature of the State
of Haryana in the Twentieth Year of the Republic of India as follows:—
1. Short title, extent
and commencement.— (1) This Act
may be called the Haryana Board of School Education Act, 1969.
(2) It extends to
the whole of the State of Haryana.
(3) It shall come
into force on such date as the State Govern merit may, by notification, appoint
in this behalf.
2. Definition.— In this Act, unless the context otherwise
requires,—
(a) “Board” means
the Board of School Education, Haryana, established and constituted under
section 3;
(b) “examination”
means an examination conducted by the Board;
(c) “institution”
means an educational institution imparting school education;
(d) “managing
committee” means the managing committee constituted by the foundation society
or the Governing body of a recognised institution not owned or controlled by
the State Government;
(e) “prescribed”
means prescribed by regulations made under this Act;
(f) “recognised”
with its grammatical variations used with reference to institutions, means
recognised by the Board for the purpose of admission to the privileges of the
Board; and
(g) “school
education” means education from the first class to the eleventh class, that is
all education that precedes immediately the stage of education leading to entry
to the first degree of a university establishment by law in India, but does not
include technical education.
7[3. Establishment and Constitution of Board.— (1) On
and with effect from the 31st January, 1970, the Board as it existed
immediately before such date shall stand dissolved and the State Government
shall by notification establish for carrying out the purposes of this Act a new
Board to be known as “the Board of School Education, Haryana” with headquarters
at such place as the State Government may by notification specify.
(2) The Board
shall be a body corporate with the name aforesaid having perpetual succession
and a common seal with power, subject to the provisions of this Act, to acquire,
hold or dispose of property, and to contract, and may by that name sue and be
sued.
(3) The Board
shall consist of a Chairman, Vice-Chairman and the following other members:—
(a) ex-offiao members,
namely:—
(i) Director of
Public Instruction, Haryana:
(ii) Director of
Technical Education, Haryana
(iii) Director of
Health Services. Haryana;
(iv) Director of
Industrial Training, Haryana;
(v) Director of
Agriculture, Haryana;
(vi) Deputy
Secretary, Finance Department, Haryana;
(viii) District
Education Officer authorised by the State Government:
Provided that in the
case of alteration of any designation, the person holding for the time being
the altered designation shall be deemed to be the ex-officio member;—
(b) nominated
members, namely:—
(i) two persons
from amongst the members of the Haryana Legislative Assembly one of whom shall
be a woman;
(ii) two persons
from amongst the Heads of the recognised High and Higher Secondary Schools one
of whom shall be a woman;
(iii) one person
from amongst the Heads of Teachers Training Colleges;
(iv) one person,
being not lower in rank than a Dean or Professor from amongst the Universities
situated in the State of Haryana;
(v) two persons
who are distinguished educationists residing in the State of Haryana, one of
whom shall be a woman; and
(vi) one person
from amongst the members of the managing committees.
(4) The Chairman
and the Vice-Chairman of the Board shall be appointed by the State Government
upon such terms and conditions as it may think fit.
(5) The members
referred to in clause (b) of sub-section (3) shall be nominated
by the State Government.
(6) The Board may
co-opt. not more than two persons on account of their distinction in the
subjects of study included in the prescribed courses as co-opted members for
any special purpose, but no such member shall have a right of vote.
(7) No person
shall be eligible for being nominated as a member unless he is a graduate of
any university in India or holds an equivalent qualification from any
university outside India.
(8) Every
nomination of a member and every vacancy in the office of such member shall be
notified by the State Government in the Official Gazette.
(9) A person
shall assume office as a member from the date his nomination is notified under
sub-section (8).
3-A. Transfer of assets
and liabilities.— On and with effect
from the 31st January, 1970 all assets and liabilities and all property,
movable or immovable, and all other rights and interests arising out of such
property as were immediately before that date in the ownership, possession,
power or control of the Board as it exited immediately before such date shall
be transferred to, and shall vest in, the new Board.].
Provided that an
outgoing member shall unless the State Government otherwise directs, continue
in office until the nomination of his successor is notified].
(2) The term of
office of an ex-officio member shall continue so long as he
holds the office by virtue of which he is a member.
11[4-A. Chairman, Vice-Chairman and members to
hold office during pleasure of State Government.— Notwithstanding anything
contained in section 3 or section 4 or any other provision of this Act, the
Chairman. Vice-Chairman and members of the Board shall hold office during the
pleasure of the State Government.]
5. Vacancies, etc. not
to invalidate proceedings of Board.— No act done, or proceeding taken, under this Act by the Board
shall be invalid merely on the ground—
(a) of any
vacancy or defect in the constitution of the Board, or
(b) of any defect
on irregularity in 12[nomination] or co-option of a person acting as a member thereof,
or
(c) of any defect
or irregularity in such act or proceeding not affecting the merits of the case.
6. Disqualifications.— A person shall be disqualified for being 13[nominated] or co-opted, or for continuing, as a member if he,
directly or indirectly, by himself or by his partner,—.
(a) has any share
or interest in any publication prescribed as a text-book or other book of study
for use in any High School or Higher Secondary School; or
(b) has any share
or interest in any work done for or on behalf of the Board.
7. Resignation.— A member of the Board may at any time resign
his office by a letter addressed to the Chairman of the Board, or, in his
absence, to the Vice-Chairman of the Board, and the resignation shall take
effect from the date on which it is accepted by him.
8. Office of certain
members to be declared vacant.— Where any member—
(a) ceases to
have the qualification on the basis of which he becomes such member, or
(b) absents
himself, without permission of the Chairman of the Board, from three
consecutive meetings thereof,
the Board shall declare his office to be vacant.
9. Power to remove
members.— If, in the opinion of
the State Government, the continuance in office of any person as a member is
not in the interest of the Board, the State Government may, in consultation
with the Board, make an order removing such person from such membership;
Provided that before
making such order, the reasons for his proposed removal shall be communicated
to him and he shall be given an opportunity of tendering an explanation in
writing which shall be duly considered by the State Government.
10. Vacancies.— (1) If a vacancy occurs in the office
of a member of the Board through death, resignation, removal or otherwise, the
vacancy shall be filled in the same manner as is provided in section 3.
14[(2) Any person nominated to fill the vacancy shall,
notwithstanding anything in section 4, hold office only so long as the member
in whose place he is nominated would have held office if the vacancy had not
occurred.]
11. Meetings of Board
and procedure thereof.— (1) The Board
shall meet at least once in every three months at its headquarters or at such
other place as the State Government may direct, and the Chairman of the Board
shall have power to convene meetings of the Board:
Provided that, where a
requisition signed by not less than five members for calling a meeting of the
Board and slating the business to be transacted thereat is received by the
Chairman of the Board, he shall convene such a meeting in accordance with the
prescribed procedure.
(2) A copy of the
proceedings of every meeting of the Board shall be sent to the State Government
as soon as may be after the meeting is held.
(3) The Chairman
of the Board and, in his absence, the Vice-Chairman of the Board; and in the
absence of both, a person elected by the members from amongst themselves, shall
preside at a meeting of the Board.
(4) All questions
at a meeting of the Board shall be decided by the votes of the majority of the
members present and voting:
Provided that in the
case of equality of votes, the Chairman of the Board, the Vice-Chairman of the
Board or the person presiding, case the case may be, shall, in addition to his
vole as a member, have a second or Casting vote.
(5) Seven members
shall form a quorum all a meeting of the Board:
Provided that if a
meeting is adjourned for want of quorum, no quorum shall be necessary at the
next meeting called for transacting the same business.
12. Officers and other
employees of Board and their appointment, powers and duties.— (1) There shall be the following
officers of the Board, namely:—
(a) the Chairman;
(b) the
Vice-Chairman;
(c) the
Secretary; and
(d) such other
officers as may be prescribed.
(2) The Chairman
of the Board shall be the administrative head of the Board.
(3) The Chairman
of the Board shall exercise all powers necessary and be responsible for
carrying out the provisions of this Act and the regulations made thereunder.
(4) The
Vice-Chairman of the Board shall exercise and perform such powers, duties and
functions as may be entrusted to him by the Board by regulations and shall
assist the Chairman of the Board in all the matters for the purpose of carrying
out the provisions of this Act and the regulations made thereunder.
15[(5) The Secretary of the Board shall be appointed by the
State Government upon such terms and conditions as it may think, fit.]
(6) The Secretary
so appointed shall be—
(a) the principal
Executive Officer of the Board and shall authenticate all orders and decisions
of the Board;
(b) entitled to
be present and to speak at any meeting of the Board; and
(c) responsible
for—
(i) the
presentation of the annual estimates and statements of accounts, including the
balance sheet, to the Board;
(ii) the custody
of the Board Fund and ensuring that all moneys of the Fund are expended for the
purpose for which they are granted or allotted;
(iii) keeping the
minutes of the meetings of the Board and furnishing a copy thereof to the State
Government; and
(iv) discharging
such other functions as may be prescribed.
(7) The Board may
appoint on such terms and condition of service it may think fit such other
employees as may he considered necessary for carrying out the provisions of
this Act and the regulations made thereunder.
13. Powers and function
of Board.— Subject to the
provisions of this Act, the Board shall exercise anti perform the following
powers and other functions, namely:—
(1) prescribe the
courses of instruction, text-books and other books of study for school
education;
(2) conduct
examinations for school education, admit to such examinations, on the
prescribed conditions, candidates who put sue the prescribed courses of
instruction, whether in recognised institutions or otherwise, and demand and
receive the prescribed fees;
(3) publish the
results of such examinations, grant certificates and diplomas to persons who
have passed such examinations and institute and award scholarships, medals and
prize;
(4) prescribe
conditions for recognition of schools and other institutions which send
candidates to the examinations conducted by the Board in terms of teachers and
their qualifications, curriculum, equipment, buildings and other educational
facilities;
(5) call for
reports from the Education Directorate or the District Education Officers on
the conditions applying for recognition and to direct inspection of such
institutions;
(6) prescribe
measures to promote physical, moral, cultural and social welfare of students in
recognised institutions and conditions of their residence and discipline;
(7) organise and
provide lectures, demonstrations and educational exhibitions, seminars and
symposiums and to take such other measures as may be necessary to raise and
promote the quality of school education;
(8) take
necessary steps with regard to the modernising of school curricula,
strengthening of science and mathematics education, work, experience and
vocationalisation by making investigation and researches into the latest
evaluation processes or oilier experiments;
(9) withdraw
recognition from the institution, where the Board is satisfied after enquiry
that its privileges are abused by it or that the conditions imposed by the
Board for the recognition of such institution are not complied with:
Provided that before
withdrawing recognition the Board shall require the institution to show cause
why such action should not be taken and consider any explanation which may be
furnished by it;
(10) submit
annual audited accounts and balance sheet together with the annual report of
the Board to the State Government and publish such accounts and balance-sheet
in the Official Gazette; and
(11) do such
other acts and things as it may deem fit for the purpose of carrying out the
provisions of this Act.
14. Powers of Board to
set up committees.— (1) The Board
may for the purpose of carrying out the provisions of this Act and the
regulations made thereunder, set up such committees as it may think fit or as
may be prescribed:
Provided that the Board
shall set up a finance committee which shall examine all financial matters
pertaining to the Board, including the budget estimates and the annual accounts
and balance-sheet.
(2) A committee
set up under sub-section (1) shall consist. Of such number of members
not, exceeding the prescribed number, as the Board may, from time, to time,
decide:
Provided that the member
referred to in sub-clause (vi) of clause (a) of sub-section (3)
of section 3 shall always be a member of the finance committee:
Provided further that a
committee may, subject to the approval of the Board, co-opt. as members of the
committee, not exceeding one-third of the total number of members of the
committee, persons having special knowledge of the subjects to be dealt with by
the committee.
(3) The quorum
and the manner of transacting the business of a committee shall be such as may
be prescribed.
(4) Every such
committee shall submit its report to the Board for such decision thereon as it
may think fit.
15. Constitution of the
Board Fund.— (1) There
shall be constituted a Fund to be known as the “Board Fund” to which shall be
credited—
(a) all fees received
by the Board and all endowments, donations, grants or contributions made to it
by the State Government or by any other Government, person, body or authority;
and
(b) all moneys
received from any other source.
(2) All moneys at
the credit of the Board shall be kept in the State Bank of India or such other
bank as the State Government may specify:
16[Provided that the Board may invest such moneys,
as are not required by it for immediate expenditure, in any of the Government
securities or grant loan out of them to any Government company as defined in
the Companies Act, 1956, and on such terms and conditions, as the State Government
may approve in this behalf or place them in the fixed deposit in any bank
approved by the State Government.]
(3) Subject to
the provisions of this Act, the Board Fund may be applied for purposes of
payment of the charges and expenses connected with or incidental to the several
matters specified in this Act and the regulations made thereunder and for any
other purpose for which by or under this Act powers are conferred or duties
imposed on the Board.
(4) The annual
not savings shall be used by the Board for the development of school education
and raising the standards thereof and for such other educational purposes as
the State Government may direct.
(5) The accounts
of the Board shall be audited annually by such agency and on payment of such
fees as may be specified by the State Government and a copy of the annual
audited accounts and balance-sheet shall submitted by the Board to the State
Government within a period of six months from the close of the financial year.
17[16. Control of State Government over Board.—
(1) The State Government shall exercise superintendence and control over
the Board and its officers and may call for such information as it may deem
necessary and, in the event of its being satisfied that the Board is not
functioning properly or is abusing its powers or is guilty of corruption or
mismanagement, it may, by notification, suspend the Board:
Provided that the Board
shall be reconstituted within a period of one year from the date of its
suspension.
(2) When the
Board is suspended under sub-section (1), the following consequences
shall ensure, namely:—
(a) all members
of the Board and its committees, including the Chairman and Vice-Chairman
thereof, shall, from the date of the notification, vacate their offices;
(b) all powers,
duties and functions, which under the provisions of this Act or any regulation
made thereunder, are to be exercised by the Board or any committee thereof or
by the Chairman or Vice-Chairman of the Board or by any other officer of the
Board, shall, during the period of suspension, be exercised and performed by
such person (to be called the administrator) as may be appointed by the State
Government, in this behalf:
Provided that the
administrator may, subject to the approval of the State Government, delegate
any of his powers, duties or functions to such other person as he may think
fit;
(c) all
properties, including the Board Fund, vested in the Board shall, until it is
reconstituted, vest in the State Government.]
17. Powers of State
Government to appoint committees.— (1) The State Government may at any time appoint a
committee consisting of such number of persons as it may think fit to enquire
into and to report on any one or more of the following matters, namely:—
(a) the working
of the Board;
(b) the financial
position of the Board;
(c) the change to
be made in the provisions of this Act or the regulations made thereunder;
(d) any other
matter which the State Government may think fit to refer.
(2) The manner in
which a committee appointed under sub-section (1) shall hold its meetings and
transact its business shall be such as may be determined by the State
Government.
(3) The State
Government may, after considering the report of the committee, issue, such
directions to the Board as it may think fit; and the Board shall comply with
such directions.
18. Delegation.— The Board may by regulations made under this
Act delegate—
(a) any of its
powers, except the powers to make regulations, to any officer or committee of
the Board; or
(b) any of the
powers vested by this Act in any officer of the Board to any other or committee
thereof;
and the officer or committee to whom such
delegation is made shall also exercise such powers subject to such restrictions
and conditions as may be prescribed.
19. Powers of Hoard to
make regulations.— (1) Subject to
the provisions of this Act, the Board may, by notification and with the
previous sanction of the State Government, make regulations for carrying out
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 all or any of the following matters,
namely:—
(b) the manner in
which persons shall be co-opted as members under 19[sub-section (6)] of section 3;
(c) the procedure
in accordance with which the meetings of the Board shall be convened under
sub-section (1) of section 11;
(d) the other
officers referred to in clause (d) of sub-section (1) of section
12 which the Board may have and the terms and conditions of service of such
officers 20[* * * *];
(e) the courses
of instructions, text-books and other books of study for purposes of imparting
school education and the holding and conduct of examinations including the
appointment of examiners and their duties and powers;
(f) the
conditions on which candidates shall be admitted to the examinations and the
fees to be paid by them;
(g) the penalties
for misconduct to which examinees, examiners and other persons engaged in the
conduct of examinations shall be subjected;
(h) the measures
to promote intellectual, physical, moral and social welfare of students in
recognised institutions and the conditions of their residence and discipline;
(i) the committee
which may be set up by the Board under sub-section (1) of section 14 and
the maximum number of members thereof, the quorum of such committees and the
manner in which they shall transact their business;
(j) the control,
administration, custody and management of the Board Fund;
(k) the powers,
duties and functions to be exercised or performed by the officers of the Board;
and
(l) any other
matter which is to be or may be prescribed.
(3) The State
Government shall communicate either its sanction or refusal to a draft
regulation submitted by the Board, or suggest modifications therein.
20. Repeal and savings.— As from the date appointed under sub-section
(1) of section 3, the Punjab University Act, 1947, in so far as it is
applicable to school education in the State of Haryana shall stand repealed:
Provided that unless and
until the State Government otherwise directs, all statutes and regulations made
under the Act so repealed appertaining to the system of school education,
including the conduct of examinations in respect thereof, which were in force
immediately before such repeal, shall continue to be in force, so far as they
are not inconsistent with the provisions of this Act, subject to such
modifications and adaptations, if any, as may be made therein by the Board and
approved by the State Government and shall be deemed to be the regulations made
under the corresponding provisions of this Act.
———
1. For Statement of Objects and Reasons see Haryana
Government Gazette (Extra.), 1969, page.
2. [Received the assent of the Governor of Haryana on the
23rd February, 1969, and was first published in the Haryana Government Gazette
(Extraordinary), of the 26th February, 1969]
3. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extra.), dated 9-2-70 page 94.
4. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extra.), dated 22-11-1974, page 1616.
5. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extra.), dated 21-9-1979, page 1674.
6. For Statement of Objects and Reasons, see Haryana
Government Gazette [Extra.), dated 3-7-1980, page 1902.
7. Substituted for section 3 by Haryana Act 2 of 1970.
8. Substituted by Haryana Act 33 of 1980.
9. Substituted for sub-section (1) by Haryana Act 1 of 1970,
section 3(i).
10. The words “elected or” omitted by ibid section
3(ii).
11. Inserted by Haryana Act 26 of 1979.
12. Substituted for the words “election, nomination” by Haryana
Act 2 of 1970, section 4.
13. Substituted for the words “elected, nominated”, by ibid,
section 5.
14. Substituted for sub-section (2) by Haryana Act 2 of 19770
section 6.
15. Substituted for sub-section (5) by Haryana Act 2 of 1970,
section 7.
16. Substituted by Haryana Act 6 of 1974.
17. Substituted by Haryana Act 26 of 1979.
18. Clause (a) omitted by Haryana Act 2 of 1970, section 8(i).
19. Substituted for “sub-section (8)” by ibid, section 8(ii).
20. The words “and the Secretary of the Board” omitted by
Haryana Act 2 of 1970, section 8(iii).
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