The Nagaland Board of School Education Act, 1973

THE NAGALAND BOARD OF SCHOOL EDUCATION ACT. 1973 (NAGALAND ACT. NO. 4 OF 1973)

(Published in the Nagaland Gazette Extraordinary dated 16th November, 1973)

An

Act.

to provide for the establishment of a State Board of School Education to regulate, supervise and develop school education in the State of Nagaland. It is hereby enacted in the Twenty fourth Year of the Republic of India as follows

Short title, extent and commencement

1. (i) This Act may be called the Nagaland Board of School Education Act, 1973.

1. (ii) It extends to the whole of Nagaland.
2. (iii) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
3. (iv) From the date on which this Act comes into force the Board of Secondary Education, Assam, shall cease to exercise its jurisdiction over the educational Institutions in the State of Nagaland. Provided that the Board of Secondary Education, Assam, shall continue to have the same jurisdiction as now exercised by it in the State of Nagaland over the High Schools till such time as the State Government by notification in the Official Gazette, may appoint. Definitions

In this Act, unless there is anything repugnant to the subject or context; (a) “Board” means the Nagaland Board of School Education established under this Act; (b) “Chairman” means the Chairman of the (c) “College” means any college or institution situated in Nagaland and maintained or admitted to the privileges by the University; (d) “Education Department” means the Department of Education of the Government of Nagaland; (e) “Fund” means the Nagaland Board of School Education Fund constituted under this Act; (f) “High School” means a School or Department of a School giving instructions in school education and preparing students for Matriculation or High School Leaving Certificate Examination; (g) “Managing Committee” means a Managing Committee of a School, (h) “notification means a notification of the Board published in the Official Gazette,. (i) “Primary Education’ means education imparted in a primary or Junior Basic School or its equivalent, (j) ‘Professional and Vocational School’ means a school or institution imparting technical instruction up to the Diploma level, (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 University 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) “School education’ means such education as is designed to meet the needs of the stage immediately starting from the stage of Primary education and precedes immediately the stage of Degree education including pre-University controlled by any University established by law in India or by a Board constituted by Government for this purpose and it includes technical education and vocational instruction up to the Diploma level, (o) “Secretary’ means Secretary of the Board (p) “State Government’ or Government means the State Government of Nagaland and (q) “University’ means University exercising jurisdiction in Nagaland

(i) The State Government shall, as soon as may be after the commencement of the Act, establish by notification, a Board for regulation, supervision and development of school education in accordance with the provisions of this Act. (ii) The Board shall, by the name of the Nagaland Board of School Education, be a body corporate with perpetual succession and common seat 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 purposes of carrying out its duties and functions, and by the said name sue or be sued.

(1) The Board shall consist of the following members namely: (a) Ex-officio Members. (i) The Director of Education, Nagaland-Chairman. (ii) The Director of Industries, Nagaland. (iii) The Director of Agriculture, Nagaland. (iv) The Director of Health Services, Nagaland. (v) The Inspector of Schools, Nagaland. (b) Members to be nominated by the Government, (i) Five teachers of whom at least two are women and at least one is a Primary School teacher and one is a College teacher. (ii) Two teachers from Professional and Vocational Schools. (c) Co-opted Members; The Board shall have powers to co-opt not more than two members from amongst the distinguished educationists. (2) The Secretary shall be appointed by the Government who shall also be a 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 5 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. (v) Notwithstanding the expiry of the term of three years specified in clause (1) the term of office of the out going members shall be deemed to extend to the date on which the names of the newly-nominated members are published under section

(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 he 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 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. Any person nominated or co-opted to lilt a casual vacancy shall hold office for the unexpired portion of the term of office of the member in whose place he is nominate or co-opted.

(1) Ordinary meetings :—The Board shall meet not less than thrice a year, but four months shall not intervene between two successive meetings. (2) Special meetings : — The Chairman or the Secretary 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)Twenty-one 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 five. (2) Subject to the provisions contained in sub-section (1) no act or proceedings of the Board shall he 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. (a) The Chairman and (b) The Secretary. (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 any general or special order of the State Government the provisions of this Act, or any rules made thereunder, the Board shall have generally the powers to regulate, supervise and control school education; and in particular the powers and duties mentioned below — (1) to prescribe courses of instruction for Primary, High and Professional or Vocational Schools; (2) to conduct and supervise examinations based or such course or to cause to conduct and supervise such examinations; (3) to admit to its examinations, on conditions that may be prescribed by regulations, candidates; who have perused the prescribed courses of instruction and also to take such disciplinary action against candidates as may be prescribed by regulations; (4) to demand and receive such fees as may be prescribed by regulation; (5) to publish the results of its examinations; (6) to demand and receive such fees as may be prescribed by regulation; (7) to publish the results of its examinations; (8) to grant certificates to students passing in examinations; (9) to institute and award scholarships, prizes; (10) to prepare, publish and select text hooks, supplementary books or to cause to prepare publish and select such books; (11) to lay down conditions of recognition of High Schools and other schools preparing candidates for High Schools courses and other courses prescribed by the Board; (12) to recognise High Schools and professional and Vocational Schools and to withdraw such recognition; (13) to take such disciplinary action as it thinks fit against institutions as prescribed by regulations; (14) to adopt measures for study and examination of problems in the field of school education; (15) to advise Government on physical, moral and social welfare of students in recognised institutions, and to prescribe conditions for their residence and discipline; (16) to prescribe necessary qualifications of teachers in recognised schools; (17) to prescribe courses of training in undergraduate Teachers Training Institutions and to hold examinations on such courses and to award certificates; (18) to recognise undergraduate Teacher’s Training Institutions and to withdraw recognitions; (19) to organise seminars and provide “in-service” Teacher’s Training courses; (20) to receive grants from Government and donations from private individuals or associations for specific or general purposes; (21) to call for reports from the Director of Education on the conditions of recognised institutions or of institutions applying for recognition; (22) to advise Government on re-organisation and development. of school educations; (23) to advise Government relating to any matter within the provisions of this Act on which the Government may consult the Board; (24) to appoint officers and other employees of the Board, and to prescribed by regulation, the terms and conditions of their service; (25) to institute by regulations for the benefit of it's officers and other employees such pension, gratuity and provident fund as it may deem fit in such manner and subject to such conditions, as may be prescribed by regulations; (26) to delegate any of its powers to any Committee constituted under this Act; (27) to administer the Nagaland Board of School Education Fund; (28) 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 also do all other acts incidental or appertaining thereto; and (29) to do all such acts and things as may be necessary to carry out the purposes of this Act.

Notwithstanding anything contained in this Act : — (i) The State Government shall have the right to address the Board with reference to anything conducted or done by the Board and to communicate its views on any matter with which the Board is concerned. (ii) 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. (iii) The State Government may, after consultation 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. (iv) 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 aoing of an act 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 upon the Board by or under this Act. (v) The State Government may, after consultation with the Board, suspend or remove a member whose continuance as a member of the Board is considered to be detrimental to the interest of the Board.

A fund to be called the Nagaland Board of School Education Fund shall be constituted and all sums received by or on behalf of the Board under this Act shall be placed to the credit thereof

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

Subject to the provision of this Act, the Fund shall he 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 only by such agency as may be specified by the State Government and a copy of the audited accounts shall he submitted by the Board to the State Government by such date each year as the State Government may specify.

The Secretary of the Board shall he the principal administrative officer and shall, subject to the control ol the Chairman. perform such duties as may he prescribed by regulations.

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

(i) The Board shall for the purposes of carrying out its duties and functions imposed under this Act appoint the following committees, namely (a) Curriculum and Syllabus Committee, (b) Examination Committee, (c) General Education Committee, (d) Professional and Vocational Education Committee, and (e) Such other committees as may be found necessary. (ii) Every such committee shall consist of such members of the Board and of such other persons as the Board may appoint. (iii) Every such committee except the Examination Committee may co-opt persons to he members to the extent of one-third of the members appointed to it. (iv) Members of such committee shall hold office for such time as the Board may determine. (v) Subject to the provisions of this Act and the rules made there under the duties and functions of the committees shall be determined by regulations.

All matters relating to exercise ol powers conferred Upon the Board by this Act, which are by regulations delegated to any committee Appointed under section 21, 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.

(i) The Board may make regulations for the purpose of carrying out the provisions of this Act. (ii) 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 21. (b) courses of study to be laid down for different examination. (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 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) provided fund for the benefit of the employees of the Board; (k) rate of traveling and daily allowances to the non-official members of the Board or committee; (l) delegation of powers or assignment of functions to committees formed under this Act, and (m) all matters which, by this Act are to be or may be provided for by regulations

The Board shall furnish to the State Government such reports, returns and Statements and such other information relating to any matter under the control of the Board as the State Government may require.

If in the opinion of the State Government the Board has shown its competence to perform or persistently made default in the performance of the duties imposed or exceeded or abused the powers conferred upon it by or under this Act, the State Government shall formulate in writing specific charges against the Board in respect of those matters and shall forward a copy of such charges to the Board with direction to submit any comments or explanations in respect thereof to the State Government within such period as may be specified in this behalf. After the consideration of the comments and explanations of the Board, the State Government may if it thinks fit, by notification supersede the Board and thereafter reconstitute the Board in accordance with the provision of section 4 and in every such case the state government shall, as soon as maybe, 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 suppression under section 25, the duties and powers of the Board shall he performed and exercised by, and the property of the Board shall vest in such person or authority as the State government may specify by notification.