The Board of Open Schooling and Examination, Sikkim Act, 2020

Act 14 of 2020

Keyword(s):
Affiliation, Centre, Credit, Distance Education, Knowledge, Online Education, Plus Two
Scheme, Skills, Virtual Campus

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 SIKKIM

GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Thursday 08th October, No. 232

GOVERNMENT OF SIKKIM
LAW DEPABTMENT
GAN GTO K

No. 14lLD12020 Dated: 07.10.2020

NOTIFICATION

The following Act passed by the Sikkim Legislative Assembly and having received
assent of the Governor on 21" day of September, 2020 is hereby published for general
information :-

THE BOARD OF OPEN SCHOOLING AND SKILL EDUCATION, SIKKIM ACT,2O2O

(ACT NO. 14 of 2020)

PREAMBLE
An Act to provide for establishment and incorporation of the State Board for Open
School Education upto pre-degree level including Secondary, Senior Secondary, Skill and
Vocational Education in the State of Sikkim and to provide for matters connected therewith or
incidental thereto;

Whereas the crucial role of universal school education along with skill and vocational
education for strengthening the social fabric of democracy through provision of equal
opporlunity to all has been accepted since inception of our republic. Over the years there has
been significant spatial and numerical expansion of schools in the country, yet the goal of
providing education to all continues to elude;
And Whereas the number of children, particularly children from disadvantaged groupS,
weaker sections and children from border and hilly areas, who drop out of school before
completing school education, remains very large. Moreover, the quality of learning achievement'
is not always entirely satisfactory even in the case of children who complete elementary,
secondary and senior secondary education;
And Whereas in order to enhance the infrastruelural support to cater to the needs of
growing number of students in the field of school education at secondary and senior secondary
level in general and in the area of skill and vocation education in particular, it is felt necessary
to involve public private participation and partnership to irqprove literacy, enhance and
-l
accelerate the enrolmenVretention of students ano to attair universalisation of school education,
vocational education in the State;
And Whereas it is also deemed essential to create a mechanism to provide for
upto pre-
seconclary education, senior secondary education, skili and vocational education
degree level so as to create and provide opoortunlty for continuing education to those
who
have missed opportunity to complete school and development education' for adult neo-literates,
them to relapse
working men and women to reinforce therr functional literacy and not to allow
Skill and
into illiteracy and other childreni persons ciesirous of oursuing school levei education,
vocational edgcation bv offering courses and programmes of general
educationr'life enrlchment
and vocatiortai and sklll education:
And Whereas it is expedient to establish a State Board for Secondary' Senior
provide school education,
Secondary, skiii arrd Vocatronal Education in the State of Sikkim to
mode, flexible
skili and vocatlonai education through all oossible modes including face to face
mode, open and distance learning mooe and e-learning/online mode with a view to
and to provide
comprehensively enhance the accesi to education, to upscale the activities
to sustainable
cpporiunities to the learners in all possible ways so as to provide ample access
learner-centric quality school education, skili upgradation and training to learners by using
innovative technologies anO methodologies of iearning and impartrng education;

And Whereas, the Regional Education Development Council, New Delhi, a Non-Profit
'1956 having its registered
organization registered undei Section 25 ct th-' Cr;mPanies Act,
- -
Cffice al 2^d floor. Manak Complex, School Biock, Shaxarpur Ne',ru Delhi 110092
is engaged
in the field of education and has agreed to :stahlisn a State Board for Secondary,
Senioi'
accordance with the
Secondary, skill and Vocational Education in the State of Sikkim in
provisions of this Act.
It is therefore hereby enacted in the Sixty-ninth Year of the Bepublic of lndia as
foliows:-
Section 1- Short title, extent and commencement :
t) This Act may be called the Board of Open Schooling and Examination, Sikkim Ad,2A20'
2) lt extends to the whole of *Sikkim'

3) lt shall come into force on such date as the State Government may by notification appoint
in this behalf.

Section 2- Definitions :

ln this Act, unless the context otherwise requlres:-

a. "Academic Year" means the academic yaar as rjecided by the Board;
b, ,,Affiliation" together with its grammaticai variations, means and inol..rdes, in reiation to
school and
an institution, school and centei,, recognition or acr:reditation of such institution,
center by, associaiion of such institution, school anci center, located
in or cutside the
school and center,
State of Sikkim including overseas, and adrnission of such institut!on,
to the privileges of the Board including for the purDose of conducting the formal and
vocational education, skill
informal school education, open and disLnce school education,
develoPment Programs of the Board;
c. ,,Board,, means the Board of Open Schooling and Examination, Sikkim established under
Section 3;
')
a
d "Board of Management" means the Board of Management constituted under Section 4;
e
,,Center,,means a counselling centre or a study centre or information center or a
facilitation center, established oimaintained or recognized or accredited by the Board
for
the purpose of advising, counselling or for rendering any other assistance required by the
student of any institution or school or center affiliated to the Board;
f
,,Chairperson" means the Chairperson of the Board appointed by the sponsoring body
under Section 4;
U
,,Course,, means and includes one of the branch of learning in programs of studies of
school education, Skill and Vocational education, imparted in the formal mode and/or in
the informal (non-formal)/distance education mode and/or in the virtual campus and/or in
the online/e-learning mode in or through any institution, school or Study Centre affiliated to
the Board;
h. ,,Credit" is recognition that a learner has successfully completed a prior course of
learning, corresponding to a qualification at a given level;
"Distance education" includes "open and distance education/informal education" and
means education imparted by means of communication and e-learning source viz
broadcasting, telecasting, correspondence coLtrses, seminars, contact programmes and
any other such methodology;
), "Employee" means a person appointed by the Board to work in the Board and includes
teachers, officers and others employees of the Board;
k "Examination" means an examination conducted by the Board in the mode and manner
as decided by the Board;
l. "Examination Superintendent" means a person appointed as such by the Board for
control and supervision of the examinations to be conducted by the Board;
m. "Fee" means collection made by the Board from the students, institutions, schools,
centers and any other service provider in relation to providing school education, vocational
education and/or skill developmenVtraining, by whatever name it may be called, which is
not refundable;
n. "Guardian" in relation to child, means a person having the care and custody of that child
and includes a natural guardian or guardian appointed or declared by a Court or a statute;
"Head of the lnstitution" means the Principal, the Head Master or the Head Mistress of
a School, institution, Centre, affiliated, accredited or recognised by the Board;
p "lnstitution" means institution imparting school education, Skill and Vocational education/
training;
q, "Knowledge" means the outcome of the assimilation of information through learning.
Knowledge is the body of facts, principles, theories and practices that is related to a field
of work or study. Knowledge is prescribed as theoretical and/or factual;
r "Learner" refers to an individual undergoing skill development training, whether in a
formal or informal setting;
a "Learning Outcomes" represent what a learner knows, understands and is able to do on
completion of a learning process, and which would expression terms of knowledge, skills
and competence;

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t
,,Local Bodies" means Municipalities, Panchayat Samitis, Zila Parishads, Small Town
Committees or Notified Area Committees;
U
,,Managing Committee" means the Managing Committee constituted by the foundation
society or the governing body of an institution, school, center etc;
,,Member,, means a member of the Board and includes the chairperson and Vice-
Chairperson thereof;
,'officlal Gazette" means the Gazette oi the state of sikkim;
,,online Education,, means and includes "virtual education/informal education" imparted
correspondence
by means of communication viz e-learning, broadcasting, telecasting'
courses, seminars, contact Programmes and any other such methodology;
,,Open School,, means all the school, institution or center affiliated, accredited or
v of informal and open
recognised under the Board including the Board itself for conduct
and distance school education;
z.
,,Parent,, means either the natural or step or adoptive father or mother of a child;

aa
,,plus Two Scheme,, means the scheme of education where under education is imparted
for the two adclitional successive classes imme<jiately following matriculation;
bb
,,Qualification" means a formal outcome of an assessment and validation process which
is obtained when a competent body determines that an individual has achieved
learning
outcomes to given standards;
cc. ,,Regional campus" means the campus of the Board iocated in and outside sikkim or in
any part of lndia and/or abroad;
dd "Regulation" means the regulations made under this Act;
ee
,,School Education" means all education up to the twelfth class, irnmediately preceding
by law in
the state of entry to a course leading to the first degree of a Board established
lndia and includes plus two schenne;
4;
ff. "Secretary" means the Secretary of the Board appointed under Section
gg
,,skills,, means the ability to apply knowledge and use know-how to complete tasks and
solve problems. skills are described as .ognitiu" (involving the
use of logical, intuitive and
creative thinking) or practical (involving mrnml dexterity and the use of methods'
materials, tools and instruments);
hh
,,Sponsoring Body" means the Regional Education Development council, New Delhi a
Act 1956:
non-profit company registered under Section 25 of the companies
ii
,,study centre" means center as defined under clause (d) of section 2;
jj ,,Trainer" means someone who trains, instructs, teaches or otherwise enables the
learner(s) to acquire the appropriate knowledge and skills;
kk
,,vice-chairperson" means the Vice-chairperson of the Board appointed by the
sponsoring bodY under Section 4;
ll. ,,Virtual campus" includes the education/courses/programmes provided to students
through E-learning/website/CD-ROM etc' ;

4-
mm, "Vocational Education" means imparting Vocational courses in a certain specialization at
a Ceflain level along with General Education under National Skill Qualification Framework.
section 3. Establishment and incorporation of the Board :
(1) The sponsoring body shall, as soon as may be after the commencement of this Act, by
notification, .rt-"bli.h- a Board to be called the Board of Open Schooling and Examination,
Sikkim.
The first Chairman, first Vice-Chairman, first members of Board of Management and
first
(Z) such members
members of Executive Board and all persons who may hereafter become
or officers of any authority and/or committee of the Board, so long as they continue to
hold such membership or Office, are:hereby constituted Body Corporate by the name of
the Board of Open Schooling and Examination, Sikkim'
(3) The Board shall be a body corporate,
(4) The Board shall have perpetual succession and a common seal and shall sue and be
sued by the said name.
(5) The Board shall situate and have its Headquarler at Gangtok, Sikkim.

Section 4- Constitution of the Board of Management :

(1) The Board of Management shall consist of the following members:-
(a) The Chairperson who shall be an officer appointed by the Ex officio
Sponsoring Body Chairperson

(b) The Vice-Chairperson who shall be an officer appointed by the Ex officio

Sponsoring Body Vice-Chairperson

(c) Two nominees of the Government of Sikkim out of which Ex officio

one should be from Education Depaltment, member

(d) Three educationists of which one shall be a female Member

educationist nominated by the Sponsoring Body
(e) Two representative of the Sponsoring Body who shall be the Member
Principals of either school or center, having at least 5 years'
experience as a Principal.
(f) Two nominees of the Board out of which one should have Member
experience of industry and the other should have experience
in the field of open school education.
(g) Secretary appointed by the Sponsoring Body Secretary

(2) The Constitution of the Board of Management shall be notified by the Secretary of the
Board.

Section 5- Terms of Office of other members of the Board :

(1) A member, other than an ex officio member, shall hold office for a term of 3 years, from
the date he/she assumed office.

(
(2) On expiry of the term of office as specified under sub-section (1), a member may be re-
nominated,
Section 6- Disqualification supervening membership of the Board :
The Chairperson, Vice-Chairperson, Secretary or any other member if becomes subject to any
of the disqualifications specified in Section 1 t he/she shall cease to be the Chairperson, Vice-
Chairperson, Secretary or other member, as the case may be, with effect from such date as
the Sponsoring BodY maY direct,

Section 7- Filling up of Casual and emergent vacancies :

lf the Chairperson or Vice-Chairperson or any other member, other than an ex officio member
dies or resigns his ofiice or othenvise ceases to be the Chairperson, Vice-Chairperson or other
member, the vacancy shall be tilled up by a fresh appointment or nomination, as the case
may
be, as early as por.ibt" by the person of the body who had appointed or nominated such a
member:
provided that the person appointed or nr:minated as a member, on casual and emergent
vacancy, shall remain member oniy for the remaining period of the member, in whose place he
is appointed or nominated.

Section 8- Terms of Otfice of Chairperson and Vice-Chairperson :

The appointment of Chairperson, Vice-Chairperson, and Secretary under sub-section (1) of
Section 4 shall be for such period as the sponsoring body may decide and specify. On the
expiry of the pei.iod of appointments as aforesaid, the Chairperson, Vice-Chairperson,
Secretary, may be re-appointed for such period as the soonsoring body may determine so,
however, the total period of appointmeni (including the period of re-appointment) as
Chairperson, Vice-Chairperson, Secretary shall nOt exceed six years,

Section 9- Resignation of Chairperson, Vice-Chairperson, Secretary and other members :

(1) The Chairperson or Vice-Chairperson or Secretary may resign his office by giving a
notlce in writing to the Sponsoring Body, stating his intention so to do, and on such
resignation Oeing accepted by thl Sponsoring Body, the Chairperson or the Vice-
Chairperson or Slcretary, as the case may be. shall be deemed to have vacated his
office.
(2) The Sponsoring Body may also suo moto termlnate the services of the Chairperson or
Vice-Chairperron or Secretary if their funetioning is found detrimental to the purpose/
interest of the Board,
(S) Any other member may resign his office by giving a notice in writing to the Chairperson,
.taiing his intention so to do, and on such resignation being accepted by the Board such
member shall be deemed to have vacated his office'

Section 10- Temporary arrangement for the office of the Chairperson :

lf the Chairperson dies or resigns his office or ceases to hold otfice or is temporarily absent or,
for any reason, is unable toLxercise the powers and perform the duties of his office, the
powers and perform the
Sponsoring Body shall authorize the Vice-Chairperson to exercise the
duties of the Chairperson until the Chairperson resumes office or a new Chairperson
is

appointed, as the case maY be'

6
Section 11- Disqualification :

A person shal be disqualified for being appointed or nominated as a member of the Board if
he:-
(a) has been adjudged by a competent court to be of unsound mind;
(b) is an undischarged insolvent;
(c) is a discharged insolvent who has not obtained from the court a certificate that his
insolvency was caused by misconception without any misconduct on his part;
(d) has been convicted by a court of an offence involving moral turpitude;
(e) has been punished for indulging in or promoting unfair practice in the conduct of any
examination, in anY form, anYwhere,

Section 12- Meetings of the Board :

(1) The annual meeting of the Board shall be held once in every calendar year.
(2) The.Board may hold meetings at such other times as the Chairperson may decide.
(3) One-third of the total number of members of the Board shall form the quorum of a meeting
of the Board.
(4) The meeting of the Board shall be convened by the Secretary after giving ten days' notice
to the members along with the agenda to be prepared by the Secretary in consultation
with the Chairperson,
(5) The Secretary may, on the advice of or in consultation with the Chairperson convene an
emergent meeting of the Board, after giving two days' notice to the members, for
transacting any urgent matter,

Section 13- Conduct of meeting :

The Chairperson or, in his absence the Vice-Chairperson shall preside over the meetings of the
Board and the Chairperson or the Vice-Chairperson, as the case may be shall be entitled to
vote on any matter and shall have a second or casting vote in every case of equality of votes,
at any such meeting,

Section 14- Restriction on Vote :

(1) No member of the Board shall vote on any matter in which he has any personal interest,
(2) The Chairperson, or the Vice-Chairperson, presiding over at the Meeting of the Board
shall decide any question arising under sub-section (1), and his decision thereon shall be
final,

Section 15- Person in the service of the Board :

(1) The Board shall have a Secretary who shall be appointed by the Sponsoring Body. The
Secretary shall exercise such powers and perform such functions as may be assigned to
him by the Chairperson of the Board,
(2) The Board shall also have Examination Superintendent who shall be appointed by the
Sponsoring Body, The Examination Superintendent, subject to provisions of the Act, shall
exercise such powers and perform such functions as may be assigned to him by the

7
 Chairperson of the Board,
(3) The Sponsoring Body rnay appoint such other officers as it may consider necessary for
carrying cut the purposes of this Act.
(4) The Board may appoint its employees as it rnay consider necessai'y tor carrying out the
purposes of this Act and shall determine, sublect to the approvai of the Sponsoring Body,
ihe terms and conditions of such appointment
hlode of recruitment in respect of the pcsts to be created for the Board shall be
either
(5)
short term contract o1. ,egriu, basis as the Board may think fit, For work related
specific
assignments persons would be deployed on fixed emoluments with provisions for revision
each year if considered appropriate,
(6) Scales of pay in respect of the posts to be ci'eated by Board of Management
shall be
decided by the Board of Management with the approval of the Sponsoring Body.

Section 16- Powers and functions of the Board of Management :

Tne Board cf Management shall be the Principal Body of the Board and shall exercise
all
(l)
powers and functions of the Board,
(2) The Board shail have following powers and functions:-
a) to exparid access to schooi educaticn at all levels and to increase retention rates at
all ievels of schooling,
b) to promote open schooling at state anrj national level bv netwoi'king, capacity
buiiciing, shariiig of resources and quatity as'surance;
c) to remove obstacles for providing education up to pre-degree level as well as
vocational education & training programmes and skill programs to the disadvantaged
sections of the society and to bring disadvantaged groups in the fold of malnstream
of education;
d) to contribute to the Universalisation of School Education and cater to the educational
needs of all sections of SocieiY;
e) to undertake research, innovation and development activities in the area of Open
Schooling to strengthen the Cpen and Distance Learning system and dissenrinate
the findings of reseirch, innovation and development activities to all stakeholders;
f) to take steps for developing strateg;r plans for promoting and up scaling the Open
Schooiing Programme in lndia;
g) to encourage, promote and conduct a system of Open School Education relevantand to
the students/learners and to organize training programmes at national
tnternational ievel on 'open school' systernl
h) to identify eoucational needs of the childrenlpersons who are other',ise not catereC
to by the formal system of school education and to open, establish, recognise and
accredit schools,/stu dy I acaoeniic centers
;

access to quality
i) to provide sustainable inclusive learning with universai and flexible
education as well as
school education i.e, Basic, Secondary, senior secondary
programs
vocational education and training programmes and skill development
through open and distance education;
j) to provide opportunities for continuing education to those who have missed
-B-
 opportunities to complete school and development education and other children/
pefsons deSifOUS OI pUrSUing school level education through Open and Distance
Lear:ning (oDL) mode by offering courses and programmes
of general education, life
enrichment and vocational eduoation up to pre-degree level;
k) to open schools/ academic centers, study centers, competitive training institutes and
language institutes.
to open/establish/atfiliate/recognise/accredit schools for study of various branches of
knowledge up to pre-degree- level as well as vocational education and training
progruryi"s and skill development programs and to conduct examinations thereof'
m) to open information centers for providing information of Education, to organize
and
conferen6eS, summits, Seminars, meeting, discusSion, debates, study courSeS,
to conduct short term and long-term vocational courses/training.

n) to establish and maintain institution for vocational training in vocation of household

industry, semi-skilled jobs for self-employment, short hand and type-writing, and
social science, Languiges, Fine arts, Crafts, muSic, painting, modelling, physical
training etc.;
o) to open training camps and workshops for the development of arts, plays and
culture and raise funds through subscriptions, donations, trade to fulfill the aims and
objects, to publish books, enCyclopaedias, monographs and study materials;
p) to design and develop need based academic and Vocational Education Programmes,
cours"i and Curricula, self-instructional materials (SlM) and other learning support
for the courses identified at different points of time including for (l) Open Basic
Education (OBE), (ll) Secondary and Senior Secondary Education, and (lll)
Vocational Education and Training (VET) Programmes with focus on skill
development, for livelihood and lifelong learning up to pre'degree level;
q) to develop and prescribe or offer.a wide spectrum of courses of study, for purposes
of general vocational and continuing education, either leading to certification at the
school stage up to the under graduate level (including Certificates/Diplomas) or for
life and job enrichment and without certification;
to offer courses of studies through open and distance learning mode, face to face
mode known as regular classroom teaching mode, e-learning mode, online mode,
virlual classroom mode and any other mode as the Board may decide from time to
time;
s) to grant or refuse recognition to school, institution and study centres and to
withdraw such recognition, if it thinks fit, in accordance with such regulations as
may be made in this behalf and to maintain a register of recognized schools,
institutions and studY centres;
t) to establish and maintain institutions for open and distance education up to pre'
degree level school education as well as vocational education and training
programmes and skill development programs;
u) to train the people in general for human resource development in view of the
emerging needs such as database development, resource survey methodologies,
computer, environmental studies, health, education, and engineering.
v) to undertake and promote the publication and translation of journal, research papers
and books and to develop the audio-visual programmes to disseminate knowledge
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 oertaining to ihe objectives of the Bo;ird:
w) to establish any, educationai institution ano other instrtution-q, technical or otherurise
and to
anywhere in InOia, to promoie eduoation of art. Science or other related fields
communicate and coordinate with the Government Local and public authorities
on
various issues related to development welfare and pubiic interest on different
subiects and for efficient working of the Board and the achievement of
the above
aims and objects as Der Government Policy'
x) to establisl-r regionai centres in an cutside Sikkirrr for the purBoses of supervising
the prcpsl funciioning of the learning sLlppon centres and stucy centres;
v) to sei up, establish and administer ald maintain oifices/chai:ters in lndia anC/or
in such
abroacj either on its own or in associatton rruitn any other lnstitutioniAuthority
manner anci for such purposes as may be iletermined by the Board with
a view to
achrevlng,ts objectives;
z) to conduct examinations and issue cerlificates, Diploma, etc' to successful learners;
aa) to prescribe by regulations, conditions for the registration of students, eligibility
criteria for. appearing at the examrnations, for its oonduct and for all other
matters
necessarv antl incidJntal thereto for proper fulfilment of teaching and exantining and
also to publish results of the examinations concjucted by the Board and to ayard
diplorna" cerfificates, prizes anC schclai'shios in resper;t thereot:
bb) to institute and award, Prizes and lledals subject to such criteria and/or conditions
as the Board may determine fronr 'iime to tirne,
CC) to prescribe. fix and demand paynrent of such fees and other charges and the
method of collection thereof, as rnay be prescribed by regulations;
dd) to make service regulations for tne personnel related to administraticn cf the Board
and for the proper manaEement of the f,.rrrctions of the Board incluciing 'llelfare
rneasures for the slaff of il"re Board:
ee) to make regulations for the :oi'rcjucl or atfa;rs filr ti-re Boaro;
to collaborate with institutions, schools, skill.knowledge and training providers at the
State level such as State Council of Educatibnal Research and Training, Sikkim,
lnstitutions of Education in Sikkim and State lnstitute of Educational Training and
Management and Training, Sikkim and also with other institutions, schools, skill
knowlJdge and training providers at the National Level throughout the country;

ss) to collaborate with national and lnternational agencies like the lnstitute of National
open Schooling, lndira Gandhi National open Board, National council of Educational
Research and Training, National lnstitute of Educational Planning and Administration,
Cl*ro"";"uttn of LJ'arning, UniteC Nations Educational, Scientific and Cultural
Organization, United l-Jationl International Children's Emergen,g.y F'n9 and
similar
oth'er dgencies for continuing efforts at improvement of quality and standard
of
distance Educations ProceJs and rnaterials and also for promotion of open
schooling;
hh) to co-operate, collaborate or associate with any other Authority or institution
including educational institutio,-] or Association in lndia and/or abroad anej
Government in lndia, in sueh rnanner and.for such purposes as
the Board may

l0 -
 determine and deem fit and proper and as may be incidental or conducive in due
achievenent of lhe oDiectives of the Board;
ii) to partner with Government schemes and programmes at school sector for
'achievingthenationalandStategoalsandobjectives;
jj) to provide consultancy work/seivices and to engage in model building in close
coliaboration with States and other ager cies or institutions;

kk) to establish linkages with contemporary education systems like State Boards,
Sanskrit Boards, Madrasa Boards end State Open Boards with mainstream
them;
education system with mobitity across them and equivalence between
ll) to prepare, publish or cause io be published and print, the learning and other
periodicals, etc
materials including the text books developed by the Board, papers,
and to sell the sarne for the use of the students in furtherance of objectives of the
Board;
mm) to develop multi-media and multi-channel delivery modes for effective transaction of
courseware to support courses and programmes;
nn) to collaborate with agencies and institutions for opening learning supPort centres or
study centres or information centers or facilitation centers for provide learnlng
assistance to the students of the open school and to accord approval and
accreditation to such learning support centres or study centres or information
centers or facilitation centers in lndia and abroad;
oo) to constitute/appoint such committees or sub-committees as may be deemed fit for
carrying out the objects of the Board and to prescribe by regulations and guidelines
for the proper functioning of such committees or sub-committees;
pp) to regulate and enforce discipline among the employees of the Board and take such'
disciplinary measures in this regard as may be deemed fit, proper and necessary
by the Board to be necessary;
qq) to associate any persons or body, in such manner and for such purpose as may be
determined by regulations, whose assistance or advice is considered necessary for
carrying out any of the provisions of this Act;
rr) to acquire, purchase, exchange, lease, hire, sell, transfer or otherwise, or hold and
manage any property movable or immovable, including trust and endowment
property, which may be necessary, convenient and conducive for the purpose of the
Board and to build, construct, maintain, improve, alter, modify, extend, repair
demolish and acquire such buildings, works and constructions as may be deemed
necessary and proper for carrying out the objectives of the Board;
ss) to seek, obtain or accept grants, assistance, subscriptions, f ees, donations,
securities, gifts, bequests and properties both movable and immovable from the
Government, public bodies, institutions, corporations, companies or trusts lndian/
corporation/companies and foundations or from any person for the purposes of the
Board to manage efficient, e,ffective and permissible fund flow and fund utilization in
consonance with the objects stated herein;
tt) to sell, lease, exchange, hire or otherwise transfer and dispose off all or any portion
of the property, movable or immovable, of the Board, provided that the same is for"
the purpose of Board;

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 uu) to invest and deal with any mone.vi surplus funds ardlor securities of the Board not
immediately required for any of its activities, purposes and objectives, in such a
manner, as-may be provided, by the Hules of the Board as may be laid down from
time to time;
vv) to borrow and raise money/funds with or without security or on the security of a
mortgage,chargeor.hypothecatiorlcrpledgeofalloranyoropertybelongingtothe
Board or in any other manner whatsoever provided that the same is for the
purPoses of Board:
ww) to meet out of the fund as aforesaicj the expenses of the Board, including the
expenses incurred while exercising its powers and discharging its functions
under
this Act:
xx) to prepare and matntain accounts and other records and to prepare an annual
statement of accounts (including the balance sheet) of the Board in such
form as
may 5e decided by the Sponsoring Body:
y,y) to make Bye-laws and tho Regulatrons fer ihe conduct of the affairs of the BoarC
and to ado,, amend, vaty or i.+scit.ro ther"r from time to time;
oi" institution oi' to
zz') to cielegate any of its powers: to ary oi t:re oificers of tlre schoci
r3oard, subiect to such
any of the committees cr sub-c,:nrmitt.tes 0t-,nslituted by the
conditions as may be laid dcwn, for inore effective management and functiontng of
the Board:
aaa) to do all such other acts and things as may be necessary, incidental, or conducive
in the attainment of all or any of the aims and objectives of the Board and to
perform such other functions as may be prescribed or deemed necessary by the
Board, for advancing the cause of school education including open school
education, vocational education and skill development to the discharge of the
abo're
fu nction.s.

Section 17 - powers and functions of Chairperson and the Vice-Chairperson:

i1) Chairperson:
a. the Chairperson shall exercise generai sr-tpervision and control over the affairs and
functioning of the Board;
b, the chairperscn may, in any emergerlcy, exercise any of the powers of the Board
provided, that he shail not i.rt conira,ry io any decision of the Board ancj shall, as
soon as thereafter may be, foprl;'1 to thri Boar<j tlie action taken b',v him in
exercise
of anv such por.ver with the roilson i'het'eror;

c. be responsible for carrying or.it, anc ior tivtng erfect to, the decisions oi the Bclard or
of any committee constituted under this 'Aet:
sanction such claims for allowances, and at such rates, as the Sponsoring
Body
d,
maY determine;
take such other action, not inconsistent with any decisions of the Board, as
he
e,
considers necessary for the proper functioning of the Board;
Board delegate
f. the Chairperson may perform such other aclditional functions as may

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 to him in accordance with regulations made in this behalf.
The Vice-Chairperson shall perforrn all functions of Chairperson if a causal
vacancy
(Z) death, resignation or
occurs in the Oitice of the Chairperson, v hether by reason of his
inability to discharge his functions owing to illness or in other incapacity'
Section 1g- powers and functions of the Secretary and Examination Superintendent
:

shall
Subjects to the provisions of this Act, the Secretary and Examination Superintendent
time to
exercise such powers and functions as may be delegated to him by the
Board Jrom
time or as may be prescribed by Regulations in this regard.

Section '19- Academic Advisory Committee :

(1) The Board shall constitute an Academic Advisory Commtttee thereof for advising it on the
courses of studies.
(2) Academic Advisory Committee shall design, develop and prescribe course of study to be
offered by the Board, leading to ceftification at the secondary levels and higher secondary
levels and also courses of studies in Vocational and skill development areas to the
students of the Board;
(3) Academic Advisory Committee shall design and develop self-learning materials in print,
audio, video, compact disc rom (CD-ROM) and other formats;
(4) The Academic Advisory Committee shall perform such other functions as may be
prescribed and as may be delega'ted to it by the Board,
(5) The Advice given by the Academic Advisory Committee shall not be binding on the Board
but if the board does not accept the advice of the Academic Advisory Committee the
Board shall record the reasons for not accepting the advice given by the Academic
Advisory Committee.
(6) Subject to the other provisions of this section, the Academic Advisory Committee shall
consist of seven members including eminent academicians in different branches of
knowledge to be nominated by the Board.
(7) The Chairperson shall be the Chairman of the Academic Advisory Committee, and the
Head of the Academic Department shall be the Secretary of the Academic Advisory
Committee. The Board shall not nominate more than three members of the Board
excluding the Chairperson in the Academic Advisory Committee.
(8) The Chairperson shall preside over the meetings of the Academic Advisory Committee
and,.in his absence, the Vice-Chairperson shall preside over such meetings.
(g) A member of the Academic Advisory Committee, who is also a member of the Board,
shall continue to hold office as a member of the Academic Advisory Committee til he
ceases to be a member of the Board,
(iO) Any member of the Acadernic Advisory Committee may resign after giving fifteen days'
notice to the Viee-Chairperson and the Board shall have the power to remove any member
of the Academic Advisory Committee after recording reasons there for at a meeting.

Section 20- Other Committees of the Board :

(1) The Board may also constitute the following Committees:-
(a) Syllabus Committee;
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 (b) Examinaiion Commiitee;
(c) Recognition Commrltee; ancj
(d) Finance Conrrnittee.
(2) The Boai.d rnay ccnstiiute such c,ther' cr)ntrnillee i'rr cor-niTlittees as it nra-v think fit
(3) The committee coristltuted b),the Boarc sir:-rli irerfcrm such othar functions as rnay be
prescribeci and as may be Celegated to 'l D',' the Eoard'
(4) Each of the Comrnittees constituted under sub-section (1)shall consist of the Vice-
Chairperson as its Chairperson and such other members, not exceeding seven as
the
Board maY think fit,
Each such committee shall have a Secretary thereof who shall be deputecj by the
Vice-
(5)
Chairperson with Drlor consent oi the (lhairperson. Provided that ihe Examination
Conrmittee shall have the Secretary to be known as the Examination Controller, Such
Secretary shall be an officer appointeti by the Sponsoring tsody'
(6) Any member of the Board rnay be aOpointed to be a member of any Committee
constituted under sub-section (4) but the totai number of members of the Board, including
Vice-ChairperSOn in any such c6mmittee shail not exceed four,

Section 21- Functions of Syllabus Comrnittee :

The Syiiabr-rs Committee shall advise the Boaro:-
(a) on matters relatirg io the Syilab,us; the courses of studies to be followed ano the
bocks tc be stuciiecl jor exai-liriratinn conrii.rcied cy the Boaro, aiitl
(b) on any cther matter which is corrnectetJ ,iviilt or ii'rcidental in ihe rnat'ter ;'eferred to
irr clause (a) wt'rich may be referred tc-r it ov the Board'

Section 22- Functions of Examination Committee :

(1) TI-re Examination comrnittee shall advise Ine Board on:-
a. the selection of examination centres, paper setters, ntoderators' tabulators'
exa.rniner.s, invigilators, supervisors or others engaged in connection with the
examination. condu"ted b;r the Boai.d anci ihe rates of remunerations to be paid to
them

b, the fees to be paid by candidates tor such examinations, and

c. such other matters relating to the examinations as aforesaid as may be referred to it
by the Board for advice,
(2) The Examination Cornmittee shall 5e responsible for the Conduct of Examinations under
the superyisicn of the Examination Conirr-.iler ancJ prepare the Cer"tificates of Secondar;'
arrcJ l-.ligher Secondary slanclai.J ancJ also vo:ariona' certificates to be
l-"streci to the
successfui sluCents by the Secretzlry.

Section 23- Functions nf the Recog;riti'rn Ccmmi'iiee :

The Recognition Comrnittee shali ad,rise rhe ljoard ori eil nratters relating to the
recognition of
schools, institutions, study centres, centres, etc'
Section 24- Functions of the Finance Committee :

The Finance Committee shall prepare the budget of the Board and shall advise the Board
on
such matters relating to finance as may be referred to it by the Board for advice'

Section 25- Functions of other Committee :

'19 shall
The committee, if any, constituted by the Board under sub-section (2) of Section
perform such functions as may be assigned to it by the Board,

Section 26- Admission :

a. Admission to the institutions/schools established, recognised or accredited by the
Board shall be oPen to all.
b. The Board shalt prescribe the conditions and criteria for admission of students,
Section 27- Fee Structure :

The Board shall prescribe the fee structure to be charged for various courses belng conducted
by the Board.

Section 28- Annual RePort :

(1) The Chairperson shall place at the first annual meeting of the Board in the year next
following the year in which it is constituted and at every annual meeting thereafter a report
on the working of Board during the last preceding financial year. He shall also place
annual accounts of the Board of that year.
(2) The reporl and the annual accounts shall be forwarded to the Board before one month of
its presentation at the annual meetlng of the Board with such comments thereon as the
Chairperson may think fit to make.

Section 29- Budget :

(l ) The Chairperson shall place at every annual meeting a Budget estimate, in such form as
may be prescribed, showing the anticipated income and expenditure of the Board during
the financial year in which the annual meeting is h.eld'
(2) The Budget estimate shall, after confirmation by the Board, be forwarded to the
Sponsoring Body within such time as may be prescribed.
(3) The Sponsoring Body shall, within one month of the receipt ol the Budget Estimate, either
accord its approval thereon or return it to the Board with such comments and suggestions
as it may deem necessary if, in its opinion such estimate:-
i, is not reasonable or accurate with reference to the ascertainable facts;
ii. includes new items of recurring expenditure which are likely to impose upon the
Board in the future financial liabilities which the Board is not likely to be able to meet
from its income; or
iii, includes provisions for such expenditure which are not in accordance with the
provisions of this Act,
(4) lf the Budget Estimate is returned under sub-section (3), the Board shall consider the
comments and suggestions made by the Sponsoring Body and may, if it thinks fit, revise

- 15 -
 the said estimate. The Board shall then, submit the Budget estimate as so revised to the
Sponsoring Body or the Board shall, if it does not think fit to revise the esti,'nate, submit it
in its original form to the Sponsoring Body wiihin one month of receiving it together with
its comments
(5) lf the Sponsoi.ing Body does not approve the Budget estimate as revised by the Board or
if the Budget Estimate is returned by ihe Board without revision, the Sponsoring Body
mray amencj the Budget Estimate by making.-

i such modifications as are, in its opinion. necessary to render the Estimata

reasonably accut'ate with reference to asce;'tainable facts oi'io balance the income
ano the exPendtture;
ii. additions, aiteratrons or modifications irr any' crovrsion reiatlng t<.r neur exoenditui'e of a
recurrino nature;
iii. any alterations or modifications irr arly provisions ftrr expenditure, which in rts opinion,
are noi in accordance with the provtsions of this Act,
and shall loruuard the Budget estirnate as so amended to the Board, and the Budget
estimate so returned shall be the Budget Estimate of the Board for the relevant
ftnancial year.
(6) lf tlre Sponsoring Body does rrot accord its approval to the Budgei Estimate referred to in
sub-section (St srich estimate shall within three months of receipt thereof by the
Sponsoring Body for such approval or within two montlis of re-sutrmissicn thereof by the
Board with or witl'rr:ut revision, be rjeemec tc have been approved by the Sponsorlng
Body

Section 30- Fund of the Board :

(1) The Boarrj shali be primarily self-financed However, it will be eniitled to receive grant tn
aid or financial assistance from the State ot'Central Government or any other local or
statutory body of State or Central Governrnent unoer any scheme or project.
(Z) The Board shall create a funcj to bc calied il're tloaro Fund (hereinafter referred to in this
Aci as the Futnd of ti'le Board) to v,rirrch slrall be cr*rjitlrd:-
a. all sums rryhich may be paio ov riie Sponsoring Boriy, any Goveri'iment Or
Governmental Body or any *Statutory or L.ocai Bc:cJy,
b alt fees and other charges realiseC under any of the provisions of this Act,
c, all monies received by the Board fronr a school, institution. study centre or by way
of grants, gifts, donations, benefactions, bequests or transfer,
d. all sums representing income from endowments, if any, or from property owned or
managed by the Board, and
e. all other sums received by the Bu-ra[tl on Lrehalf of the operr schoc! frcm any othei'
sou rces.

(3) The Fund shall vest in the Boarcj and slrall be undei'its control and be held in trust for
the purposes of this Act.
(a) All monies payable to the credit of the Board shali forthwith be paid into any Bank as may
be decided Oy ttre Sponsoring Body, to tne credit of the Fund and all cheques dratvn on
the fund shall be signed by the Secretary, or by such other person as may be authorised
by him in 'u,,ritinq on his behalf.
- j'5 -
Section 31- Expenditure from the fund :

1)
' The general fund of the Board shall be utilized for meeting all expenses, recurring or
non-reiurring, in relation to the affairs and functioning of the Board.
2) No expenditure shall be incurred from the Fund of the Board except for the purposes of
this Act and unless such expenditure is provided for in thd Budget as aPproved under this
Act or may be met by re-appropriation in such manner as may be prescribed.

Section 32-.Accounts :

1) The Board shall keep an account of all its receipts and expenditure in such manner as
may be prescribed,
2) The Annual Accounts including Balance Sheet of the Board shall be prepared under the
directions of Board of Management.

Section 33- Audit :

(l) The account of the Board shall be examined and audited annually by an auditor or
auditors appointed by the Sponsoring Body in such manner as may be prescribed.
(2) lt shall be the duty of the Board and every member thereof and of the Secretary and
other officers and employees in the service of the Board to afford to the auditor every
facility for the examination and audit of the accounts of the Board and to comply with any
requisition made by auditor and the requirements of any rule made in this behalf.

Section 34- Audit Report :

(1) After the completion of the audit, the auditor shall submit within 14 days to the Sponsoring
Body a repon on the accounts audited, and shall send a copy thereof to the Board and
thereupon, the Board shall forward the report to the Sponsoring Body with its comments
thereupon.

12) The Sponsoring Body shall take such action on the report submitted under Section 1 as it
thinks fit.

Section 35- Fayment of allowances :

(1) Subject to the provisions of Section 7 the members of the Board or of any committee
constituted under this Act shall receive such allowances for attending the meetings of the
Board or the committee, as the case may be and for other such purposes, as the
Sponsoring Body may determine,
(2) As per the provision of sub-section (1) 9f Section 6 of the Right to lnformation Act, 2005
the Secretary shall be the lnformation Officer to provide information to the public,

Section 36- Board to furnish information :

The Board shall furnish to the Sponsoring Body such reports, returns, and statements as may
be prescribed and such further information or any matter relating to the Board as the
Sponsoring Body may require.

Section 37- Power of Sponsoring Body to suspend proceedings :

The Sponsoring Body may, by order in writing and' stating the reasons therefore, suspend the
execution of any resolution or order of the Board or of any committee constituted under this
-17-
Act and prohibit the doing of any act which is ouroorted to b,e done or is intendecj to be done
under this Act, if the Sptnsoring Body is of ooinion that such resolution, oi'der or act is in
excess of the powers conferred by or under tnls Act on ihe Board or any cornmittee, as the
case may be.

Section 38- lndemnitY :

No suit, prosecution or other legal proceeding shall lie against any person for anything in
good
faith done or intended to be done under this Act.

Section 39- Savings :

No Act or proceeding under this Act shall be invalid mereiy on the ground of:-
(a) the existence of any vacancy in" or any defect in the constitution of the Board or
any committee constituted under ihis Act; or
(b) any member of the Board having cast his vote in any matter in contravention of the
provisions of Section '15: or
(c) any defect or irregularity not aftecting the merit of any case,

Section 4rl- Transitory provisions :

(1) The Chairperson snall make the Iirst regulaticns for the purposes of this Act'
(Z) The first regulations shall remain in force for a period of one year or until regulations are
made by the tsoard under this Act, whichever is ear!ier.

Section 41- Powers to make rules :

(1) The Board may, make rules for carrying out the purposes of this Act.
ln particular, and without prejudice to the generality of the foregoing powers such rules
may provide for all or any of the following matters:-
(a) the acquisition, possession and disposal of properV by the Board, the conditions of
such acquisition, possession and disposai, and the doing of anV other thing;
(b) the provident fund as may be instituted ancj administered by the Board;
(c) the form and manner in which the Budget Estimate ci the Board shall be prepared;
(d) the time within which the Budget Estimate shall be forwarded io the Sponsoring
Body;
(e) the nranner in which all paynnents to and from the fund of Board shall be made'
(f) the manner of re-appropriatiorr.
(g) the manner of keeping of accounts of receir:ts ancl expencjiture'
(h) the manner in which examinations and audrt of accounts of the Board shail be made;
(i) the reports, returns and statements to be furnished by the Board and the form of
such reports, returns and statements: and
(j) any other matter required to be prescribed, or to be provided for, by rules.

to
- t6 -
Section 42- Power to make regulations :

1) The Board may, make regulations for carrying out the purposes of this Act.
provisions of this
2) The Board and by notification, make regulations not inconsistent with the
Act and rules in respect of any mattei relating to the proper exercise of its powers and
discharge of its functions under this Act or any other matter.

section 43- Board to be guided by directions of sponsoring Body :

guided by
The Board shall, in exercising its powers and performing its duties under this Act, be
such directions in the mattei of scope and content of courses of studies as the Sponsoring
Body may by notification give from time to time.

Section 44- Powers of the State Government to call for information :

(i) The State Government may call for information from the Board relating to its working,
functions, achievements, standard of teaching, examination and research or any other
matters as it may consider necessary to judge the efficiency of the Board in such form
and within such time as may be prescribed by rules,
(2) The Board shall be bound to furnish the information as required by the State Government
under sub-section (1) within the prescribed time'

Section 45- Dissolution of the Board by the Sponsoring Body :

(1) The Sponsoring Body may dissolve the Board by giving a notice to the effect in the
prescribed manner to the State Government and employees and the students of Board at
least one year in advance:
Provided that dissolution of the Board shall have effect only after the approval of the State
Government and the last batched of students of the regular courses have completed their
courses and they have been awarded degrees, diplomas or awards, as the case may be.
(2) On the dissolution of the Board land and property of the Board will be vested with the
Sponsoring Body,

Section 46- Special powers of the State Government in certain circumstances :

(1) lf it appears to the State Government that the Board has contravened any of the
provisions of this Act made thereunder or has violated any of the directions issued by it
under this Act or has ceased to carryout any undertaking glven by it to the State
Government or a situation or mal-administration has arisen in the Board, it shall issue
notice inquiring the Board to show cause within forty-five days.
(2) lf the State Government on receipt of reply of the Board on the notice issued under sub-
section (1), is satisfied that there is a priqa facie case of contravening any of the
provisions of this Act or the rules made thereunder or of violating directions issued by it
under this Act or of ceasing to carry out the undertaking given by it or mal-administration,
it shall make an order such enquiry as it may conslder necessary.
(3) The State Government shall, for the purposes of any enquiry under sub-section (2),
appoint an arbitrator to inquire into any of the allegations and to make report thereon.
(4) The arbitrator appointed under sub-section (3) shall have the same powers as provided
as per the Arbitration and Conciliation Act, 1996; while trying a suit in respect of the
following matters, namely:-
_ 19 _
 (a) summoning anrj enforcing the attendance of any person and examining him on oath:
(b) requiring the discovery and production of any such document or any other matertal
as may be predicable in evidence: ano
(c) requisiiioning any oublic reccro fi'Onr ;11ir co.;rt or offtce.
(5) Crr receipt of rhe enouiry report frorn the offio:r or rlfficers appointed urtder sub-sectron
(3), if il-re State Government is satisfiad inat 1l're 3oard has contravened any o{ the
pr.ovisions of this,Act cr the rutes rra'-li-r tnei.er.nder or has violated any of the directions
issued by it under this Act or has cear;eo io iiirry oilt the undertakings given by it or
mal-administration has arrsen in the Soard wirich threatens the acadernic standard of
the
Board, it shall make orders for corrective actions or direction.

Section 47- Power to remove difficulties :

(1) lf any difficulty arises in giving effect to the provisions of this Act, the State Government
may, by orOei published in tn" Official Gazette, make provisions, not inconsistent with the
provisi6ns of this Act, as appear in ii to be necessary or expedient for removing the
diff icu ity:
provided that no order under this section shall be made after the expiry of a period of
two years from the date of commencement of this Act'
(Z) Every order made under this section shall, as soon as may be after it is made, shall be
lard before the House of the State Legisiature'

Jagat B. Rai (SSJS)

L.R-cum-SecretarY
Law DePartment

S.G.P.G. 232t Cam.2/Gazette /'l 00 Ncs'l Dl: 08'10'2020