Chapter VIII MISCELLANEOUS

1. (1) There shall be an Advisory Board for School Education to be called the Meghalaya School Education Advisory Board for the purpose of advising the Government on matters of policy relating to education in Meghalaya.
2. (2) The Advisory Board shall be constituted by the Government and shall consist of a Chairman, Secretary and fifteen other members to be nominated by the Government.
3. (3) The Advisory Board constituted under sub-section (2) shall include-
   • (a) the Secretary to the Government in the Education Department as Chairman,
   • (b) the Director of Public Instruction as member- Secretary, and
   • (c) fifteen other members to be nominated from amongst the following:-
     • (i) heads of recognised Schools;
     • (ii) representatives of recognised organisations of teachers of recognised schools; (iii)representative of the Managing Committee of recognised schools; and
     • (iv) representatives of parents or guardians of students of recognised schools; and
     • (v) eminent Educationists.
4. (4) The Advisory Board shall regulate is own procedure.
5. (5) The terms of office of every member of the Board and travelling and other allowances payable to a member of the Board shall be as may be prescribed.

1. (1) The State Government may delegate all or any of it powers, duties and functions under this Act to the Director or any other officer.
2. (2) Every person to whom any power is delegated under sub-section (1), may exercise that power in the same manner and with the same effect as if such power had been conferred on him directly by and under this Act and not by way of delegation.

1. (1) Every recognised schools shall be subjected to inspection as may be prescribed.
2. (2) The Director may also arrange special inspection of any school on such aspects of its working as may from time to time, be considered necessary by him.
3. (3) The Director may also give direction to the Managing Committee requiring the management to rectify any defect or deficiency found at the time of inspection or otherwise in the working of the school.
4. (4) If the Managing Committee fails to comply with any direction given under sub-section (3), the Director may after considering the explanation or report if any, given or made by the Managing Committee, take such action as he may think fit including:-
   • (a) stoppage of aid.
   • (b) withdrawal of recognition, or
   • (c) except in the case of a minority school, taking over of the management under Section 20.

No civil court shall have jurisdiction in respect of any matter in relation to which the Government or the Director or any other person authorised by the Government or Director or any other officer or authority appointed or specified by or under this Act, is empowered by or under this Act to exercise any poser and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act.

No suit, prosecution or other legal proceeding shall lie against the Government, Director or any other person authorised by the Government or Director for anything which is in good faith done in intended to be done in pursuance of this Act or any rule made thereunder.

If the Managing Committee of any recognised private school:- (a) omits or fails, without any reasonable excuse to carry out any orders made by the Competent Authority, or (b) presents any student for any public examination without complying with the provisions of section 19 read with proviso, or (c) omits or fails to deliver any school property to the prescribed authority under sub-section (2)of Section 20, except in case of school under section 21, every person constituting the Managing Committee shall be punished with simple imprisonment for a term which may extend to three months or with a fine which may extend to two thousand rupees or with both: Provided that nothing contained in this Section shall render the Secretary or any member of the Managing Committee liable to any punishment if he proved that the offence was committed without his knowledge or that he exercised due diligence and precaution to prevent the crime.

Any person who wilfully obstructs an officer of the Government in the exercise of any power conferred on him, or in the performance of any function entrusted to such officer in the exercise of such power or in the performance of such functions or who fails to comply with any lawful direction made by such officer or person shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

The Government may, subject to other provision of this Act by order, direct the Director of any other officer to make an enquiry or to take appropriate proceedings under this Act in respect of any matter specified in the said order, and the Director or the other officers, as the case may be, shall report to the Government in due course the result of the enquiry made or the proceeding taken by him.

Any officer authorised in this behalf and not below the rank of a Deputy Inspector of Schools shall be competent to enter at any time during the normal working hours of any educational institution and to inspect any record or other documents or any movable or immovable property relating to such institution for the purpose of exercising his powers and performing his function as prescribed in this behalf.

1. (1) The State Government, may, subject to the condition of previous publication, make Rules to carry out the provisions of this Act.
2. (2) In particulars and without prejudice to the generality of the foregoing power, such rules, may provide for all or any of the following matters, namely:-
   • (i) the manner in which education may be regulated and restructured in the State of Meghalaya.
   • (ii) the conditions which every existing school shall be required to comply with;
   • (iii) establishment of a new school or the opening of a higher class or the closing down of any existing school or the closing down of an existing class in any of the existing school;
   • (iv) the minimum qualification for, and method of recruitment and the terms and conditions of service of employees;
   • (v) the authorities to be specified for the purposes of the different provisions of the Act;
   • (vi) the particulars which a scheme of management shall contain, and the manner in which such a scheme shall be made;
   • (vii) variations and modifications which may be made in the scheme of management for a recognised school which does not receive any aid;
   • (viii) the conditions under which aid maybe granted to recognised schools, and on the violation of which aid may be stopped, reduced or suspended;
   • (ix) the part of the expenditure of a recognised school which is to be covered by aid;
   • (x) particulars of school property which should be furnished to the appropriate authority;
   • (xi) the form in which, and the time within which, an appeal shall be preferred to the appropriate authority against an order made in relation to the transfer, mortgage or lease of any school property;
   • (xii) the farm and manner, including fees, for preferring any other appeal under this Act;
   • (xiii) the Code of Conduct for employees and the disciplinary action to be taken for the violation thereof;
   • (xiv) the benefits which should be granted to the employees of aided schools;
   • (xv) the regulation for admission into educational institutions of pupils for the academic course, private study and other special courses and attendance thereat;
   • (xvi) fees and other charges which may be collected by an aided or unaided recognised school;
   • (xvii) the inspection of recognised schools; (xviii) the terms of office, travelling and other allowances payable to the members of the Advisory Board;
   • (xix) the financial and other returns to be filled by the Managing Committee of aided schools and the authority by which such returns shall be audited;
   • (xx) the educational purposes for which the income derived by way of fees by recognised unaided schools shall be spent;
   • (xxi) the registers, statements, reports, and other information to be maintained or furnished by the Managing Committees in respect of school fund; (xxii)the manner of accounting and operation of school funds and other funds of aided schools and also the auditing authority thereof; (xxiii) the manner in which any enquiry under this Act shall be held;
   • (xxiv) the powers and functions of the officers and other subordinate staff of the Education Department;
   • (xxv) the declaration as to what constitute pre- primary, primary, middle and higher school education, professional education vocational education, technical education, special education and other types of education;
   • (xxvi) the maintenance and administration of aided schools under this Act, and the constitution and function of their Managing Committee other than those of minority schools; (xxvii) the preparation and sanction of plans and estimates of a new school building or extensions to be constructed with Government aid and the requirements to be fulfilled by the Managing Committee of the school in this regard; (xxviii) the purpose for which educational institutions may be used and the restrictions and conditions subject to which such educational institutions may be used for any other purpose;
   • (xxix) the regulation of the user of textbooks, maps, plans, instruments and other laboratory and sports equipments in the institutions;
   • (xxx) the opening of special morning or night classes and the conditions for their working and of parallel sections or classes in the institutions for linguistic minorities;
   • (xxxi) the scale of fees or charges, or the manner of fixing fees or charges, payable in respect of any certificate, permission, marksheet or other documents for which such fees may be collected; and (xxxii) all matters expressly required or allowed by this Act to be prescribed, or in respect of which this Act makes no provision, or opinion of the Government, necessary for the proper implementation of this Act.

If any difficulty arise in giving effect to the provisions of this Act, the State Government may, by order not inconsistent with the provisions of this Act remove the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the commencement of this Act.

Every member of the Magistrate Committee of any educational institution and every member of the teaching and non-teaching staff of such institution shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code when on duty in connection with any public examination or any other examination conducted under this Act.