The Manipur Secondary Education Act, 1972

(1) This Act may be called the Manipur Secondary Education Act, 1972. (2) It extends to the whole of Manipur. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (4) From the date on which this Act comes into force, the Secondary Education Board of Assam or Central Board of Secondary Education, New Delhi or any other Board of Secondary Education or University shall cease to exercise its jurisdiction over the institutions of Secondary Education recognised by the Government of Manipur: Provided that the Secondary Education Board of Assam and Central Board of Secondary Education, New Delhi, shall continue to have the same jurisdiction as now exercised by them over the High/Higher Secondary Schools till such time as the State Government, by notification in the Official Gazette, may appoint.

Notwithstanding anything contained in section 1, any Government of a State or Territory or Administration other than the Government of Manipur may apply to the Board for being admitted to the privileges of the Board and the Board may, subject to such conditions as it may think fit to impose, admit such State or Territory or Administration to the privileges of the Board.

In this Act, unless there is anything repugnant to the subject or context:- (a) "Board" means the Board of Secondary Education established under this Act; (b) "Chairman" means the Chairman of the Board; (c) "Controller of Examination" means the Officer conducting examinations for the Board; (d) "Education Department" means the Department of Education of the Government of Manipur; (e) "Fund" means the Secondary Education Fund constituted under this Act; (f) "Headmaster or Headmistress" means the head of the teaching staff of a High/Higher Secondary School by whatever name he or she is designated; (g) "High School" means a school or department of a school giving instruction in Secondary Education and preparing students for Matriculation or High School Leaving Certificate Examination; (h) "Higher Secondary School" means a school or department of a school giving instruction in Secondary Education and preparing students for Higher Secondary Leaving Certificate Examination; (i) "Managing Committee" means a Managing Committee of a High School or a Higher Secondary School; (j) "Primary Education" means education imparted in a Primary or Junior Basic School or its equivalent; (k) "Recognised" means recognised by the Board for the purpose of admission to the privileges of the Board or, prior to recognition by the Board, by any authority established by Law in India or by any Board recognised by the State Government; (l) "Regulation" means a regulation made by the Board under this Act; (m) "Rule" means a rule made by the State Government under this Act; (n) "Secondary Education" means such education as is designed to meet the needs of the stage which follows immediately the stage of Primary Education and precedes immediately the stage of Degree or Diploma Education controlled by any University established by Law or by a Board constituted by Government for this purpose; (o) "Secretary" means Secretary of the Board; and (p) "Notification" means a notification published in the Official Gazette.

(1) The State Government shall, as soon as may be after the commencement of the Act established by notification, a Board for regulation, supervision and development of Secondary Education in accordance with the provisions of this Act. (2) The Board shall, by the name of the Board of Secondary Education be a body corporate with perpetual succession and a common seal, shall have power to acquire and hold property, both movable and immovable, to transfer any property held by it and to contract and shall by the said name sue or be sued.

(1) The Board shall consist of the following members: (i) Director of Education, Manipur - Chairman. (ii) Additional Director of Education (If any). (iii) Director of Health Services. (iv) Director of Technical Education (if created). (v) Director of Industries. (vi) Director of Agriculture. (vii) Director of Research, Manipur. (viii) Director of Education of the Territories of other States and Administrations admitted to the privileges of the Board. (ix) Deans of the Faculties of Arts and Science, Gauhati University/University Centre, Manipur. Members to be nominated by Government: One of the Inspectors of Schools. Two Headmasters and two Headmistresses of High Schools and Higher Secondary Schools. One of the Principals of non-technical Colleges. One of the Deputy Directors of Education Department. One nominee of the Gauhati University. One nominee of the Jawaharlal Nehru University Centre. Two of High Schools and Higher Secondary Schools selected by the Executive Committee of the All Manipur Aided High Schools Teachers' Association. One Principal of a Teachers' Training College. One Head of a Polytechnic. Co-opted Members: The Board shall have power to co-opt not more than two members from among the distinguished educationists. (2) The Secretary shall be appointed by the Government who shall be an ex-officio Member of the Board.

The names of persons nominated or co-opted as members of the Board, shall be published by notification by the State Government.

(i) Nominated members shall hold office for a term of three years from the date of the notification published under section 6 and the term of office of co-opted members shall terminate on the same date as that of the nominated members: Provided that the State Government may, by notification, in the Official Gazette, extend the term of the office of all such members by a period not exceeding one year. (ii) Notwithstanding the expiry of an term of three years specified in clause (i), the term of office of the outgoing members shall be deemed to extend to the date on which the names of the newly nominated members are published under section 6.

(1) A person shall not be eligible for nomination or co-option as a member of the Board or of the Committees formed by it, if he/she: (a) has been adjudged by a court of law to be of unsound mind; (b) is an undischarged insolvent; (c) has been convicted by a court of law for an offence which is declared by the State Government to be an offence involving moral turpitude, as provided in the rules. (2) The member shall be informed by the State Government/Board that his/her membership ceases with immediate effect. (3) All disputes relating to the eligibility of any person for nomination or co-option, shall be referred to the State Government whose decision on such matters shall be final.

(1) A member of the Board, other than an ex-officio member may resign his seat by giving notice thereof in writing to the Chairman and such member shall be deemed to have vacated his seat from the date of acceptance of his resignation by the Chairman. (2) The State Government may, by notification, remove any nominated or co-opted member who remains absent from three consecutive meetings of the Board without the leave of the Board. (3) In the event of a casual vacancy arising by resignation, removal, death or disqualification of a member such vacancy shall be filled by nomination or co-option, as the case may be, in the manner provided in section 5. Any person nominated or co-opted to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the member in whose place he is nominated or co-opted.

(1) Ordinary meetings: The Board shall meet not less than once in every four months but four months shall not intervene between two successive meetings. (2) Special meetings: The Chairman may, at any time, and shall upon the requisition made by not less than one-third of the members of the Board other than the ex-officio members and on a date not more than twenty-one days of the receipt of such requisition, call a special meeting of the Board. (3) Seven days notice shall be given for ordinary meetings of the Board and ten days notice for special meetings.

(1) The quorum for every meeting of the Board shall be nine. (2) Subject to the provisions contained in sub-section (i) no act or proceedings of the Board shall be invalid merely by reason of the existence of any vacancy among the members of the Board.

(1) The following shall be the officers of the Board: (i) the Chairman, (ii) the Secretary and (iii) the Controller of Examinations. (2) The Board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act, on such terms and conditions as may be determined by regulations.

Subject to the provisions of this Act the powers and duties of the Board shall be as follows, namely: (i) to prescribe courses of instruction for High Schools and Higher Secondary Schools, (ii) to conduct examinations based on such courses, (iii) to admit to its examinations, on conditions that may be prescribed by regulations, candidates who have pursued the prescribed courses of instruction and also to take such disciplinary action against them as may be prescribed by regulations, (iv) to demand and receive such fees as may be prescribed by regulations, (v) to publish the results of its examinations, (vi) to grant certificates and diplomas to candidates who have passed the examinations, (vii) to institute and award scholarships, (viii) to prepare, publish and select text books and supplementary books, (ix) to lay down conditions of recognition of High Schools and Higher Secondary Schools, (x) to recognise High Schools and Higher Secondary Schools and to withdraw such recognition, (xi) to take such disciplinary action as it thinks fit against institutions as prescribed by regulations, (xii) to adopt measures for study and examination of problems in the field of Secondary Education, (xiii) to advise Government on physical, moral and social welfare of students of recognised institutions and to prescribe conditions of their residence and health, (xiv) to prescribe carry out functions of teachers in recognised schools, (xv) to prescribe courses of instruction for Under-graduate Teachers Training Institutions and to hold examinations on such courses and to award certificates, (xvi) to recognise Under-graduate Teachers Training Institutions and to withdraw recognition, (xvii) to organise seminars and provide in service Training courses, (xviii) to receive grants from Government or donations from private individuals or associations for specific or general purposes, (xix) to insist for recognition the proper management of the conditions of recognised institutions or of institutions applying for recognition, (xx) to advise Government on any matter and development of Secondary Education, (xxi) to advise Government in order to carry out the provisions of this Act or other Manipur Government may consult the Board, (xxii) to institute by regulation for the benefit of its officers and other employees such as pension, gratuity and provident fund as it may deem fit in such manner and such conditions as may be prescribed by regulations, (xxiii) to delegate any of its powers to any committee constituted under this Act, (xxiv) to administer the Secondary Education Board Fund, (xxv) to receive, purchase and hold any property movable or immovable which may become vested in it and to dispose of all or any of the property movable or immovable belonging to it, and to do all other acts incidental or appertaining thereto, (xxvi) and to do all such acts and things as may be necessary for carrying out the purposes of this Act.

Notwithstanding anything contained in this Act: (1) The State shall have the right to address the Board with reference to anything conducted or done by the Board to communicate its view on any matter 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 taken upon the communication of the State Government. (3) The State Government may at any time with the Board issue such directions consistent with the provisions of this Act as it may think fit and the Board shall comply with such directions. (4) The State Government may by order in writing specifying the reasons thereof, suspend the execution of any resolution or order of the Board and prohibit the doing of an act ordered to be done by the Board if the State Government is of opinion that such resolution, order or act is in excess of the powers conferred upon the Board by or under this Act. (5) The State Government may after consultation with the concerned authority remove any member of the Board if he is considered to be detrimental to the interest of the Board.

All moneys at the credit of the Fund shall be kept in the Government Treasury or the State Bank of India or the Manipur State Co-operative Bank Ltd., as the Board may determine.

Subject to the provisions of this Act the fund shall be applicable only to the payment of the charges and expenses incidental to matters specified in this Act.

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 shall be submitted by the Board to the State Government by such date each year as the State Government may specify.

(1) It shall be the duty of the Chairman to see that the provisions of this Act and the regulation made under it are faithfully observed, and the decisions of the Board are duly implemented and he shall have all powers necessary for this purpose. (2) The Chairman shall have power to convene meetings of the Board. (3) When any emergency arising out of administrative business of the Board requires in the opinion of the Chairman, that immediate action should be taken, the Chairman shall take such action as he deems necessary and report this action to the Board at its next meeting. (4) The Chairman shall exercise such other powers as may be prescribed by the regulations.

The Secretary of the Board shall be the Principal Administrative Officer, and shall, subject to the control of the Chairman, perform such duties as may be prescribed by regulations.

Other officers will have such powers and duties as may be prescribed by regulations.

(1) The Board shall, for the purpose of carrying out its duties and functions imposed under this Act appoint the following committees, namely: (i) Curriculum and Syllabi Committee; (ii) Examination Committee; (iii) Physical Education Committee; (iv) Girls’ Education Committee; and (v) such other Committees as may be found necessary. (2) Every such committee shall consist of members of the Board and of such other persons as the Board may appoint. (3) Every such committee except the Examination Committee shall have power to co-opt persons to be members to the extent of one-fourth of the members appointed to it. (4) Members of such committees shall hold office for such time as the Board may determine. (5) Subject to the provisions of this Act and the rules made thereunder the duties and functions of the committees shall be prescribed by regulations.

All matters relating to the exercise of powers conferred upon the Board by this Act which are by regulations delegated to any committee appointed under section 22 shall stand referred to that committee and the Board before exercising such powers shall receive and consider the report or recommendation of the committee with respect to the matter in question.

(1) The Board may make regulations for the purpose of carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, the Board may make regulations providing for all or any of the following matters, namely:— (a) the constitution, powers and duties of Committees appointed under Section 22; (b) courses of study to be laid down for different examinations; (c) marks required for passing in any subject and the examination as a whole, and for credit and distinction in any subject; (d) qualifications, appointment and remuneration of examiners, paper-setters and others; (e) conducting examinations and publishing the results; (f) conditions of recognition of High Schools and Higher Secondary Schools; (g) conditions under which candidates shall be admitted to the examinations of the Board; (h) disciplinary measures for malpractices in examinations; (i) fixing of fees and charges in respect of examinations; (j) provident fund, etc., for the benefit of the employees of the Board; (k) rate of travelling and daily allowances to the non-official members of the Board or Committees; (l) delegation of powers or assignment of functions to Committees formed under this Act; (m) all matters which, by this Act, are to or may be provided for by regulation: Provided that all regulations, alterations and revocations thereof shall be subject to approval by the State Government and published in the Official Gazette.

The Board shall furnish to the State Government such returns and statements and such other information relating to the work of the Board as the State Government may require.

If in the opinion of the State Government, the Board is not competent to perform or persistently makes default in the performance of the duties imposed upon it by or under this Act, or exceeds or abuses its powers, the State Government may after due inquiry issue a notification specifically mentioning those matters and shall forward a copy to the Board with invitation to submit any comment or explanation in respect thereof to the State Government within such time as may be specified in this behalf, and after consideration of the comments or explanations of the Board, the State Government may by notification supersede the Board and reconstitute the Board in accordance with the provisions of Section 5 and in every such case the State Government shall, as soon as may be, lay before the State Legislature, a copy of the said notification together with the statement of the reasons which led to such reconstitution.

Until the Board is reconstituted after supersession under section 26, all duties and powers of the Board shall be performed and exercised by such person or authority as the State Government may specify by notification.

(1) The State Government may make rules for carrying out the purposes of this Act. (2) All rules under this section shall be laid before the Manipur Legislative Assembly as soon as may be after they are made and shall be subject to such modification as the Legislative Assembly may make during the session in which they are so laid or the session immediately following.