The Mizoram Board of School Education Act, 1975
Chapter II THE BOARD
Education197534 sections9 chapters
Chapter II THE BOARD
3. Establishment and incorporation of the Board
Statutory text
- (1) The Government shall, as soon as may be after the commencement of this Act, establish by notification a Board named “Mizoram Board of School Education” for the regulation, supervision and development of School education in Mizoram in accordance with the provisions of this Act.
- (2) The Secretary to the Government of Mizoram Education Department, or such other authority of the Government may, by notification, empower, shall be the Controlling Authority of the Board.
- (3) The Board shall be a body corporate with perpetual succession and a common seal and shall have the power to acquire and hold any property, to transfer any property held by it, to enter into any contract and to do all other things necessary for the purpose of carrying out its duties and functions shall, by the said name, sue or be sued.
Chapter II THE BOARD
4. Constitution of the Board
Statutory text
Constitution of the Board
- (1) The Board shall consists of the following members namely :-
- (a) The Chairman Chairman
- (b) The Secretary Member Secretary
- (c) The Director of Higher and Technical Education Ex-officio Member
- (d) The Director of School Education Ex-officio Member
- (e) The Director of SCERT Ex-officio Member
- (f) The Director of Sports & Youth Services Ex-officio Member
- (g) One Principal of a Govt. College to be nominated by the Controlling Authority Ex-officio Member
- (h) The Principal, Institute of Advanced Studies in Education Ex-officio Member
- (i) One of the Principals of the District Institute of Education & Training in Mizoram to be nominated by the Director of SCERT Ex-officio Member
- (j) One of the District Education Officers in the State to be nominated by the Director of School Education Ex-officio Member
- (k) Registrar, Mizoram University Ex-officio Member
- (l) Members to be nominated by the Controlling Authority :
- (i) One member of the Mizoram Legislative Assembly on the recommendation of the Speaker of the Legislative Assembly ;
- (ii) One Principal of Higher Secondary School ;
- (iii) One Headmaster of High School; and
- (iv) One lady educationist.
- (2) The Director (Academic) and the Controller of Examinations shall be entitled to attend and speak at any meeting of the Board but shall not be entitled to vote there at.
- (3) The Board shall have power to co-opt not more than two from amongst the distinguished or eminent educationists.
- (4) The Board as constituted in sub-section (1), except the co-opted members in sub-section (3), shall function as Governing Body of the Board.
- (5) If by such date as may be prescribed, any of the concerned authorities fail to nominate member or members as provided in sub-section (1), the Chairman shall have power to appoint such member or members: Provided that in the case of the Legislative Assembly, if the said Assembly has been dissolved, the Controlling Authority shall appoint a suitable person to be a member to hold office until the said Assembly is reconstituted and regular representative is recommended and a person appointed under this sub-section shall be deemed to be a member of the Board.
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5. Publication of names of members of the Board
Statutory text
Publication of names of members of the Board
Chapter II THE BOARD
6. The names of the persons nominated or co-opted as members of the Board shall be published by the Government.
Statutory text
Term of Office of the members Term of Office of the members
- (1) Nominated members shall hold office for a period of three years from the date of publication of the notification under section 5 and the term of office of the co-opted members shall commence on the date of their co-option and terminate on the same date on which the term of office of the nominated members expires : Provided that the Government may, by notification, extend the term of office of all such members by a period not exceeding one year.
- (2) Notwithstanding by expiry of term of three years specified in sub-section (1), the term of office of the outgoing members shall be deemed to extend to the date on which the newly nominated members are published under section 5.
Chapter II THE BOARD
7. Disqualification for membership, removal of a member and filling of the vacancies
Statutory text
Disqualification for membership, removal of a member and filling of the vacancies
- (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-
- (i) has been adjudged by a court of law to be of unsound mind ;
- (ii) has been convicted by a court of law for an offence which is declared by the Government to be an offence involving moral turpitude.
- (2) If a nominated or co-opted member of the Board or of any committee formed by it becomes subject to any of the disqualification specified in sub-section (1)
- (i) or sub-section (1)
- (ii) his membership thereupon cease.
- (3) All disputes relating to the eligibility of any person for nomination or co-option shall be referred to the Controlling Authority whose decision on such matter shall be final.
- (4) The Government may remove from the Board a member who, in its opinion, has so abused his position as such member as to render his continuance on the Board detrimental to the public interest. Provided that the Government shall, before removing a member as aforesaid, give him an opportunity of being heard and shall place on record its reasons for the removal of such member.
- (5) When the prescribed term of office of members, other than Ex-officio members, has expired the vacancies so caused shall be filled as soon as conveniently may be in accordance with sub-section
- (1) of section 4.
Chapter II THE BOARD
8. Resignation of members and casual vacancy etc
Statutory text
Resignation of members and casual vacancy etc
- (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 Government may, by notification, remove any nominated or co-opted members who remains absent from three consecutive meetings of the Board without the leave of the Board.
- (3) In the event of a casual vacancy occurring 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 4.
Chapter II THE BOARD
9. Meeting of the Board
Statutory text
Meeting of the Board
(1)
- (i) The Board shall meet at least once a year and may be convened to meet more than once in the year.
- (ii) The Chairman or the Secretary may, at any time, and shall upon the requisition made by not less than one-third 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.
- (2) Twenty-one day’s notice shall be given for ordinary meetings of the Board and seven day’s notice for special meetings.
Chapter II THE BOARD
10. Quorum
Statutory text
Quorum
Ten members of the Board present at a meeting of the Board shall be quorum for such meeting of the Board.
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