Chapter I PRELIMINARY

(1) This Act may be called the Madhya Pradesh Madhyamik Shiksha Adhiniyam, 1965. (2) It extends to the whole of Madhya Pradesh. (3) This Act, shall come into force in respect of sections 2 to 28 shall come into force on such date as the State Government may, by notification, appoint.

(1) ... (2) ... (3) ... (4) The term of office of the nominated members shall be three years from the date of the notification regarding nomination under sub-section (2) of Section 4: Provided that the term of members nominated under sub-clause (v) of clause (k) shall coterminate with the Legislative Assembly. (5) If the State Government considers that the continuance in office of any nominated member is not in the public interest, the State Government may make an order terminating his office and he shall cease to be a member of the Board notwithstanding that the term for which he was nominated has not expired. (6) ... (7) Any nominated member of the Board may resign his office by a letter addressed to the State Government and the same shall be notified in the official Gazette. (8) In the event of a casual vacancy occurring by reason of death, resignation or termination of nomination of a member or for any other reason, such vacancy shall be filled by nomination, and any person nominated to fill such vacancy shall hold office for the term for which it was tenable by the person in whose place he has been so nominated and no longer. (9) An outgoing member shall, if otherwise qualified, be eligible for election or nomination. (10) If any nominated member absents himself, without prior permission of the Chairman from three consecutive meetings of the Board, he shall be deemed to have resigned from his office.

The quorum for a meeting of the Board shall be one-third of the total number of members. (i) to advise the State Government on the courses of instruction and syllabi of Middle School Education with a view to secure coordination between Middle School and Secondary Education; (ii) to organise conferences, seminars, symposiums to promote the standards of Secondary Education; (iii) to organise workshops and training programmes for teachers; (iv) to take all necessary steps with regard to modernising of school curriculum, strengthening of science and mathematics education, work experience and vocationalisation by making investigations and researches into the latest evaluation processes or experiments; (v) to take all necessary steps to make examinations more valid, reliable, comprehensive and elaborate; (vi) to arrange for comprehensive evaluation of students through cumulative records and internal assessment records; (n) to do all other things ancillary to any of the purposes specified above or for the purpose of carrying into effect the provisions of this Act.

The Board shall have the following powers, only:— (a) to prescribe courses of instruction in such branches of Secondary Education as it may think fit: (a-i) to make regulations for imposing penalties on candidates using unfair means in the examinations conducted by the Board; (b) to conduct examinations based on such courses and take all steps ancillary thereto; (c) to admit to its examinations, on conditions that may be prescribed, candidates who have pursued the prescribed courses of instruction— (i) in institutions recognised by the Board; or (ii) privately; (d) to publish the results of its examinations; (e) to grant diploma or certificate to persons who have passed the examinations of the Board; (f) to recognise schools in Madhya Pradesh for the purpose of admitting them to the privileges of the Board; (f-i) to prescribe conditions for recognition of schools or institutions including conditions of service of teachers, their qualifications, equipment, buildings and other educational facilities; (f-ii) to withdraw recognition from the institution, where the Board is satisfied that the 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 de-recognition shall not ordinarily be made effective in the midst of an academic session: Provided further that if any de-recognition is made effective in the midst of an academic session, the students of the school so de-recognised who would have been admitted in the Board's examinations shall be allowed to appear privately; (g) to call for reports from the Director of Public Instruction on the condition of recognised institutions or of institutions applying for recognition or to direct inspection of such institutions; (h) to adopt measures to promote physical, moral and social welfare of students in recognised institutions and to prescribe conditions of their residence and discipline; (i) to organise and provide lectures, demonstrations, educational exhibitions and to take such other measures as are necessary to promote the standard of secondary education; (j) to institute and award scholarships, medals and prizes under conditions that may be prescribed; (k) to demand and receive such fees as may be prescribed including fees for recognition of teachers and Managing Committees applying for registration as such; (l) to admit to its examinations candidates who have pursued courses of instruction by correspondence courses conducted by the Board.

(1) The State Government shall have the right to address the Board with reference to anything conducted or done by the Board and to communicate to the Board its views on any matters with which the Board is concerned. (2) The Board shall report to the State Government such action, if any, as it proposes to take or has been taken upon the communication, and shall furnish an explanation if it fails to take action. (3) If the Board does not within a reasonable time take action to the satisfaction of the State Government, the State Government may, after considering any explanation or representation made by the Board, issue such directions consistent with this Act as it may think fit, and the Board shall comply with such directions. (4) Whenever in the opinion of the State Government requires the immediate action should be taken, the State Government may exercise such of the powers of the Board as it deems necessary without previous communication with the Board and shall forthwith inform the Board of the action taken. (5) The State Government may, by order in writing specifying the reasons therefor, suspend the execution of any resolution or order of the Board and prohibit the doing of any act ordered to be or purporting to be ordered to be done by the Board if the State Government is of the opinion that such resolution, order or act is in excess of the powers conferred by or under this Act upon the Board. (6) [Omitted]

A Board Fund shall be constituted for the Board, and all sums received by or on behalf of the Board under this Act or otherwise shall be placed to the credit thereof.

All moneys in the credit of the Board Fund shall be kept in the Government treasury or any Bank as the Board may with the approval of the State Government determine: Provided that nothing in this section shall be deemed to include the Board from investing such moneys as are not required for immediate expenditure in any of the Government securities.

Subject to the provisions of this Act, the Board Fund shall be applicable only to the payment of the charges and expenses incidental to the several matters specified in this Act and to any other purposes for which by or under this Act powers are conferred or duties imposed upon the Board.

(1) The Board shall prepare in such manner as may be prescribed by regulations the budget for its ensuing financial year and forward it to the State Government for its approval not later than the thirty-first day of January preceding such financial year. (2) The State Government may pass such orders with reference thereto as it thinks fit and shall communicate the same to the Board by the 31st day of March preceding such financial year. (3) The Board shall give effect to such orders: Provided that, in any event, if no orders is communicated to the Board by the 31st day of March as above, the budget shall be deemed to have been sanctioned by the State Government without any modification.

The accounts of the Board shall be audited annually by such agency as may be specified by the State Government and a copy of the audited accounts and balance sheet shall be submitted by the Board to the State Government by such date in each year, as the State Government may, by rules, specify.

(1) It shall be the duty of the Chairman to see that this Act and the regulations are faithfully observed and he shall have all powers necessary for this purpose. (2) The Chairman may whenever he thinks fit, call a meeting after giving a notice of not less than twenty-one clear days, and will be bound to do so within four days of the receipt of a written requisition signed by not less than fifteen members of the Board and stating therein the business to be brought before the meeting. (3) In any emergency arising out of the business of the Board which, in the opinion of the Chairman requires that immediate action should be taken, the Chairman shall take such action as he deems necessary, and shall thereafter report his action to the Board at its next meeting. (4) The Chairman shall exercise such other powers as may be vested in him by regulations. (5) The Chairman may delegate such powers and entrust such duties as are conferred or imposed on him by or under this Act to the Secretary by an order in writing specifying the powers delegated.

(1) The State Government may in consultation with the Chairman appoint any person to be Vice-Chairman of the Board. (2) The term of the office and other conditions of service of the Vice-Chairman shall be such as may be prescribed by rules. (3) The Vice-Chairman shall assist the Chairman in all matters administrative or academic and shall exercise such powers and perform such functions of the Chairman as may be delegated or entrusted to him by the Chairman.

(1) There shall be a Secretary and such number of Deputy Secretaries to the Board as the State Government may deem necessary. (2) Appointments of the Secretary and the Deputy Secretaries shall be made by the State Government. (3) The Board may, subject to the provisions of sub-section (5), appoint such officers including Assistant Secretaries and servants as it considers necessary for the efficient performance of its functions. (4) The qualifications, the conditions of appointment and service and the scales of pay of officers and servants of the Board shall, (a) in respect of the Secretary and the Deputy Secretaries be such as may be specified by rules made by the State Government; and (b) in respect of Assistant Secretaries, other officers and servants be such as may be determined by regulations made under this Act. (5) The Board shall not create any post, save with the prior approval of the State Government.

(1) The Secretary shall be the principal administrative officer and shall, subject to the control of the Chairman, perform such duties as may be assigned to him by the Board. (2) The Secretary shall be responsible for seeing that all moneys are expended on the purposes for which they are granted or allotted. (3) The Secretary shall be responsible for keeping the accounts of the Board. (4) The Secretary shall be entitled to be present and to speak at any meeting of the Board and the Executive Committee but shall not be entitled to vote thereat. (5) The Secretary shall exercise such other powers as may be laid down in regulations.

(1) There shall be an Executive Committee consisting of the members of the Board as follows:— (a) The Chairman; (b) The Commissioner, Public Instruction; (c) The Commissioner, Tribal Development; (d) Member representing the Finance Department; (e) Member representing School Education Department; (f) Five members to be nominated by the Board from among the members referred to in clauses (iv) to (viii) of clause (k) of sub-section (1) of Section 4; one of whom shall be chosen among members nominated under clause (e). (2) The Chairman and Secretary of the Board shall be Chairman and Secretary of the Executive Committee. (3) The Executive Committee shall meet at least once in three months: Provided that the Chairman may call the meeting at any time if he deems necessary. (4) Five members shall form the quorum for the meeting of the Executive Committee. (5) Subject to the general control, direction and superintendence of the Board, the Executive Committee shall be competent to deal with any matter within the purview of the Board.