The Board of Open Schooling and Skill Education, Sikkim Act, 2020

1. (1) This Act may be called the Board of Open Schooling and Examination, Sikkim Act, 2020.
2. (2) It extends to the whole of Sikkim.
3. (3) It shall come into force on such date as the State Government may by notification appoint in this behalf.

In this Act, unless the context otherwise requires:- a. "Academic Year" means the academic year as decided by the Board; b. "Affiliation" together with its grammatical variations, means and includes, in relation to an institution, school and center, recognition or accreditation of such institution, school and center by, association of such institution, school and center, located in or outside the State of Sikkim including overseas, and admission of such institution, school and center, to the privileges of the Board including for the purpose of conducting the formal and informal school education, open and distance school education, vocational education, skill development Programs of the Board; c. "Board" means the Board of Open Schooling and Examination, Sikkim established under Section 3; d. "Board of Management" means the Board of Management constituted under Section 4; e. "Center" means a counselling centre or a study centre or information center or a facilitation center, established or maintained or recognized or accredited by the Board for the purpose of advising, counselling or for rendering any other assistance required by the student of any institution or school or center affiliated to the Board; f. "Chairperson" means the Chairperson of the Board appointed by the sponsoring body under Section 4; g. "Course" means and includes one of the branch of learning in programs of studies of school education, Skill and Vocational education, imparted in the formal mode and/or in the informal (non-formal)/distance education mode and/or in the virtual campus and/or in the online/e-learning mode in or through any institution, school or Study Centre affiliated to the Board; h. "Credit" is recognition that a learner has successfully completed a prior course of learning, corresponding to a qualification at a given level; i. "Distance education" includes "open and distance education/informal education" and means education imparted by means of communication and e-learning source viz broadcasting, telecasting, correspondence courses, seminars, contact programmes and any other such methodology; j. "Employee" means a person appointed by the Board to work in the Board and includes teachers, officers and others employees of the Board; k. "Examination" means an examination conducted by the Board in the mode and manner as decided by the Board; l. "Examination Superintendent" means a person appointed as such by the Board for control and supervision of the examinations to be conducted by the Board; m. "Fee" means collection made by the Board from the students, institutions, schools, centers and any other service provider in relation to providing school education, vocational education and/or skill development/training, by whatever name it may be called, which is not refundable; n. "Guardian" in relation to child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a Court or a statute; o. "Head of the Institution" means the Principal, the Head Master or the Head Mistress of a School, institution, Centre, affiliated, accredited or recognised by the Board; p. "Institution" means institution imparting school education, Skill and Vocational education/training; q. "Knowledge" means the outcome of the assimilation of information through learning. Knowledge is the body of facts, principles, theories and practices that is related to a field of work or study. Knowledge is prescribed as theoretical and/or factual; r. "Learner" refers to an individual undergoing skill development training, whether in a formal or informal setting; s. "Learning Outcomes" represent what a learner knows, understands and is able to do on completion of a learning process, and which would expression terms of knowledge, skills and competence; t. "Local Bodies" means Municipalities, Panchayat Samitis, Zila Parishads, Small Town Committees or Notified Area Committees; u. "Managing Committee" means the Managing Committee constituted by the foundation society or the governing body of an institution, school, center etc; v. "Member" means a member of the Board and includes the chairperson and Vice-Chairperson thereof; w. "Official Gazette" means the Gazette of the state of Sikkim; x. "Online Education" means and includes "virtual education/informal education" imparted by means of communication viz e-learning, broadcasting, telecasting, correspondence courses, seminars, contact Programmes and any other such methodology; y. "Open School" means all the school, institution or center affiliated, accredited or recognised under the Board including the Board itself for conduct of informal and open and distance school education; z. "Parent" means either the natural or step or adoptive father or mother of a child; aa. "Plus Two Scheme" means the scheme of education where under education is imparted for the two additional successive classes immediately following matriculation; bb. "Qualification" means a formal outcome of an assessment and validation process which is obtained when a competent body determines that an individual has achieved learning outcomes to given standards; cc. "Regional campus" means the campus of the Board located in and outside sikkim or in any part of India and/or abroad; dd. "Regulation" means the regulations made under this Act; ee. "School Education" means all education up to the twelfth class, immediately preceding the state of entry to a course leading to the first degree of a Board established by law in India and includes plus two scheme; ff. "Secretary" means the Secretary of the Board appointed under Section 4; gg. "Skills" means the ability to apply knowledge and use know-how to complete tasks and solve problems. skills are described as cognitive (involving the use of logical, intuitive and creative thinking) or practical (involving manual dexterity and the use of methods, materials, tools and instruments); hh. "Sponsoring Body" means the Regional Education Development council, New Delhi a non-profit company registered under Section 25 of the companies Act 1956; ii. "Study centre" means center as defined under clause (d) of section 2; jj. "Trainer" means someone who trains, instructs, teaches or otherwise enables the learner(s) to acquire the appropriate knowledge and skills; kk. "Vice-chairperson" means the Vice-chairperson of the Board appointed by the sponsoring body under Section 4; ll. "Virtual campus" includes the education/courses/programmes provided to students through E-learning/website/CD-ROM etc.

1. (1) The sponsoring body shall, as soon as may be after the commencement of this Act, by notification, establish a Board to be called the Board of Open Schooling and Examination, Sikkim.
2. (2) The first Chairman, first Vice-Chairman, first members of Board of Management and first members of Executive Board and all persons who may hereafter become such members or officers of any authority and/or committee of the Board, so long as they continue to hold such membership or Office, are hereby constituted Body Corporate by the name of the Board of Open Schooling and Examination, Sikkim.
3. (3) The Board shall be a body corporate,
4. (4) The Board shall have perpetual succession and a common seal and shall sue and be sued by the said name.
5. (5) The Board shall situate and have its Headquarler at Gangtok, Sikkim.

1. (1) The Board of Management shall consist of the following members:-
   • (a) The Chairperson who shall be an officer appointed by the Sponsoring Body - Ex officio Chairperson
   • (b) The Vice-Chairperson who shall be an officer appointed by the Sponsoring Body - Ex officio Vice-Chairperson
   • (c) Two nominees of the Government of Sikkim out of which one should be from Education Depaltment, - Ex officio member
   • (d) Three educationists of which one shall be a female educationist nominated by the Sponsoring Body - Member
   • (e) Two representative of the Sponsoring Body who shall be the Principals of either school or center, having at least 5 years' experience as a Principal. - Member
   • (f) Two nominees of the Board out of which one should have experience of industry and the other should have experience in the field of open school education. - Member
   • (g) Secretary appointed by the Sponsoring Body - Secretary
2. (2) The Constitution of the Board of Management shall be notified by the Secretary of the Board.

1. (1) A member, other than an ex officio member, shall hold office for a term of 3 years, from the date he/she assumed office.
2. (2) On expiry of the term of office as specified under sub-section (1), a member may be re-nominated,

The Chairperson, Vice-Chairperson, Secretary or any other member if becomes subject to any of the disqualifications specified in Section 11 he/she shall cease to be the Chairperson, Vice-Chairperson, Secretary or other member, as the case may be, with effect from such date as the Sponsoring Body may direct,

If the Chairperson or Vice-Chairperson or any other member, other than an ex officio member dies or resigns his ofiice or othenvise ceases to be the Chairperson, Vice-Chairperson or other member, the vacancy shall be tilled up by a fresh appointment or nomination, as the case may be, as early as possible by the person of the body who had appointed or nominated such a member: provided that the person appointed or nominated as a member, on casual and emergent vacancy, shall remain member oniy for the remaining period of the member, in whose place he is appointed or nominated.

The appointment of Chairperson, Vice-Chairperson, and Secretary under sub-section (1) of Section 4 shall be for such period as the sponsoring body may decide and specify. On the expiry of the pei.iod of appointments as aforesaid, the Chairperson, Vice-Chairperson, Secretary, may be re-appointed for such period as the soonsoring body may determine so, however, the total period of appointmeni (including the period of re-appointment) as Chairperson, Vice-Chairperson, Secretary shall nOt exceed six years,

1. (1) The Chairperson or Vice-Chairperson or Secretary may resign his office by giving a notlce in writing to the Sponsoring Body, stating his intention so to do, and on such resignation Oeing accepted by thl Sponsoring Body, the Chairperson or the Vice-Chairperson or Slcretary, as the case may be. shall be deemed to have vacated his office.
2. (2) The Sponsoring Body may also suo moto termlnate the services of the Chairperson or Vice-Chairperron or Secretary if their funetioning is found detrimental to the purpose/ interest of the Board,
3. (3) Any other member may resign his office by giving a notice in writing to the Chairperson, staiing his intention so to do, and on such resignation being accepted by the Board such member shall be deemed to have vacated his office.

If the Chairperson dies or resigns his office or ceases to hold otfice or is temporarily absent or, for any reason, is unable to exercise the powers and perform the duties of his office, the Sponsoring Body shall authorize the Vice-Chairperson to exercise the powers and perform the duties of the Chairperson until the Chairperson resumes office or a new Chairperson is appointed, as the case may be.

A person shal be disqualified for being appointed or nominated as a member of the Board if he:-

1. (a) has been adjudged by a competent court to be of unsound mind;
2. (b) is an undischarged insolvent;
3. (c) is a discharged insolvent who has not obtained from the court a certificate that his insolvency was caused by misconception without any misconduct on his part;
4. (d) has been convicted by a court of an offence involving moral turpitude;
5. (e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in anY form, anYwhere,

1. (1) The annual meeting of the Board shall be held once in every calendar year.
2. (2) The Board may hold meetings at such other times as the Chairperson may decide.
3. (3) One-third of the total number of members of the Board shall form the quorum of a meeting of the Board.
4. (4) The meeting of the Board shall be convened by the Secretary after giving ten days' notice to the members along with the agenda to be prepared by the Secretary in consultation with the Chairperson,
5. (5) The Secretary may, on the advice of or in consultation with the Chairperson convene an emergent meeting of the Board, after giving two days' notice to the members, for transacting any urgent matter,

The Chairperson or, in his absence the Vice-Chairperson shall preside over the meetings of the Board and the Chairperson or the Vice-Chairperson, as the case may be shall be entitled to vote on any matter and shall have a second or casting vote in every case of equality of votes, at any such meeting,

1. (1) No member of the Board shall vote on any matter in which he has any personal interest,
2. (2) The Chairperson, or the Vice-Chairperson, presiding over at the Meeting of the Board shall decide any question arising under sub-section (1), and his decision thereon shall be final,

1. (1) The Board shall have a Secretary who shall be appointed by the Sponsoring Body. The Secretary shall exercise such powers and perform such functions as may be assigned to him by the Chairperson of the Board,
2. (2) The Board shall also have Examination Superintendent who shall be appointed by the Sponsoring Body, The Examination Superintendent, subject to provisions of the Act, shall exercise such powers and perform such functions as may be assigned to him by the Chairperson of the Board,
3. (3) The Sponsoring Body rnay appoint such other officers as it may consider necessary for carrying out the purposes of this Act.
4. (4) The Board may appoint its employees as it rnay consider necessai'y tor carrying out the purposes of this Act and shall determine, sublect to the approvai of the Sponsoring Body, ihe terms and conditions of such appointment
5. (5) hlode of recruitment in respect of the pcsts to be created for the Board shall be either short term contract o1. ,egriu, basis as the Board may think fit, For work related specific assignments persons would be deployed on fixed emoluments with provisions for revision each year if considered appropriate,
6. (6) Scales of pay in respect of the posts to be ci'eated by Board of Management shall be decided by the Board of Management with the approval of the Sponsoring Body.

1. (1) Tne Board cf Management shall be the Principal Body of the Board and shall exercise all powers and functions of the Board,
2. (2) The Board shail have following powers and functions:- a) to exparid access to schooi educaticn at all levels and to increase retention rates at all ievels of schooling, b) to promote open schooling at state anrj national level bv netwoi'king, capacity buiiciing, shariiig of resources and quatity as'surance; c) to remove obstacles for providing education up to pre-degree level as well as vocational education & training programmes and skill programs to the disadvantaged sections of the society and to bring disadvantaged groups in the fold of malnstream of education; d) to contribute to the Universalisation of School Education and cater to the educational needs of all sections of SocieiY; e) to undertake research, innovation and development activities in the area of Open Schooling to strengthen the Cpen and Distance Learning system and dissenrinate the findings of reseirch, innovation and development activities to all stakeholders; f) to take steps for developing strateg;r plans for promoting and up scaling the Open Schooiing Programme in lndia; g) to encourage, promote and conduct a system of Open School Education relevant to the students/learners and to organize training programmes at national and tnternational ievel on 'open school' systernl h) to identify eoucational needs of the childrenlpersons who are other',ise not catereC to by the formal system of school education and to open, establish, recognise and accredit schools,/stu dy I acaoeniic centers ; i) to provide sustainable inclusive learning with universai and flexible access to quality school education i.e, Basic, Secondary, senior secondary education as well as vocational education and training programmes and skill development programs through open and distance education; j) to provide opportunities for continuing education to those who have missed

i1) Chairperson: a. the Chairperson shall exercise generai sr-tpervision and control over the affairs and functioning of the Board; b, the chairperscn may, in any emergerlcy, exercise any of the powers of the Board provided, that he shail not i.rt conira,ry io any decision of the Board ancj shall, as soon as thereafter may be, foprl;'1 to thri Boar<j tlie action taken b',v him in exercise of anv such por.ver with the roilson i'het'eror; c. be responsible for carrying or.it, anc ior tivtng erfect to, the decisions oi the Bclard or of any committee constituted under this 'Aet: d, sanction such claims for allowances, and at such rates, as the Sponsoring Body maY determine; e, take such other action, not inconsistent with any decisions of the Board, as he considers necessary for the proper functioning of the Board; f. the Chairperson may perform such other aclditional functions as may Board delegate to him in accordance with regulations made in this behalf. (Z) The Vice-Chairperson shall perforrn all functions of Chairperson if a causal vacancy occurs in the Oitice of the Chairperson, v hether by reason of his death, resignation or inability to discharge his functions owing to illness or in other incapacity'

Subjects to the provisions of this Act, the Secretary and Examination Superintendent shall exercise such powers and functions as may be delegated to him by the Board Jrom time to time or as may be prescribed by Regulations in this regard.

1. (1) The Board shall constitute an Academic Advisory Commtttee thereof for advising it on the courses of studies. (2) Academic Advisory Committee shall design, develop and prescribe course of study to be offered by the Board, leading to ceftification at the secondary levels and higher secondary levels and also courses of studies in Vocational and skill development areas to the students of the Board; (3) Academic Advisory Committee shall design and develop self-learning materials in print, audio, video, compact disc rom (CD-ROM) and other formats; (4) The Academic Advisory Committee shall perform such other functions as may be prescribed and as may be delega'ted to it by the Board, (5) The Advice given by the Academic Advisory Committee shall not be binding on the Board but if the board does not accept the advice of the Academic Advisory Committee the Board shall record the reasons for not accepting the advice given by the Academic Advisory Committee. (6) Subject to the other provisions of this section, the Academic Advisory Committee shall consist of seven members including eminent academicians in different branches of knowledge to be nominated by the Board. (7) The Chairperson shall be the Chairman of the Academic Advisory Committee, and the Head of the Academic Department shall be the Secretary of the Academic Advisory Committee. The Board shall not nominate more than three members of the Board excluding the Chairperson in the Academic Advisory Committee. (8) The Chairperson shall preside over the meetings of the Academic Advisory Committee and,.in his absence, the Vice-Chairperson shall preside over such meetings. (g) A member of the Academic Advisory Committee, who is also a member of the Board, shall continue to hold office as a member of the Academic Advisory Committee til he ceases to be a member of the Board, (iO) Any member of the Acadernic Advisory Committee may resign after giving fifteen days' notice to the Viee-Chairperson and the Board shall have the power to remove any member of the Academic Advisory Committee after recording reasons there for at a meeting.

1. (1) The Board may also constitute the following Committees:- (a) Syllabus Committee; (b) Examinaiion Commiitee; (c) Recognition Commrltee; ancj (d) Finance Conrrnittee. (2) The Boai.d rnay ccnstiiute such c,ther' cr)ntrnillee i'rr cor-niTlittees as it nra-v think fit (3) The committee coristltuted b),the Boarc sir:-rli irerfcrm such othar functions as rnay be prescribeci and as may be Celegated to 'l D',' the Eoard' (4) Each of the Comrnittees constituted under sub-section (1)shall consist of the Vice-Chairperson as its Chairperson and such other members, not exceeding seven as the Board maY think fit, (5) Each such committee shall have a Secretary thereof who shall be deputecj by the Vice-Chairperson with Drlor consent oi the (lhairperson. Provided that ihe Examination Conrmittee shall have the Secretary to be known as the Examination Controller, Such Secretary shall be an officer appointeti by the Sponsoring tsody' (6) Any member of the Board rnay be aOpointed to be a member of any Committee constituted under sub-section (4) but the totai number of members of the Board, including Vice-ChairperSOn in any such c6mmittee shail not exceed four,

The Syiiabr-rs Committee shall advise the Boaro:- (a) on matters relatirg io the Syilab,us; the courses of studies to be followed ano the bocks tc be stuciiecl jor exai-liriratinn conrii.rcied cy the Boaro, aiitl (b) on any cther matter which is corrnectetJ ,iviilt or ii'rcidental in ihe rnat'ter ;'eferred to irr clause (a) wt'rich may be referred tc-r it ov the Board'

1. (1) TI-re Examination comrnittee shall advise Ine Board on:- a. the selection of examination centres, paper setters, ntoderators' tabulators' exa.rniner.s, invigilators, supervisors or others engaged in connection with the examination. condu"ted b;r the Boai.d anci ihe rates of remunerations to be paid to them b, the fees to be paid by candidates tor such examinations, and c. such other matters relating to the examinations as aforesaid as may be referred to it by the Board for advice, (2) The Examination Cornmittee shall 5e responsible for the Conduct of Examinations under the superyisicn of the Examination Conirr-.iler ancJ prepare the Cer"tificates of Secondar;' arrcJ l-.ligher Secondary slanclai.J ancJ also vo:ariona' certificates to be l-"streci to the successfui sluCents by the Secretzlry.

The Recognition Comrnittee shali ad,rise rhe ljoard ori eil nratters relating to the recognition of schools, institutions, study centres, centres, etc'

The Finance Committee shall prepare the budget of the Board and shall advise the Board on such matters relating to finance as may be referred to it by the Board for advice'

The committee, if any, constituted by the Board under sub-section (2) of Section '19 shall perform such functions as may be assigned to it by the Board,

a. Admission to the institutions/schools established, recognised or accredited by the Board shall be oPen to all. b. The Board shalt prescribe the conditions and criteria for admission of students,

The Board shall prescribe the fee structure to be charged for various courses belng conducted by the Board.

1. (1) The Chairperson shall place at the first annual meeting of the Board in the year next following the year in which it is constituted and at every annual meeting thereafter a report on the working of Board during the last preceding financial year. He shall also place annual accounts of the Board of that year. (2) The reporl and the annual accounts shall be forwarded to the Board before one month of its presentation at the annual meetlng of the Board with such comments thereon as the Chairperson may think fit to make.

(l ) The Chairperson shall place at every annual meeting a Budget estimate, in such form as may be prescribed, showing the anticipated income and expenditure of the Board during the financial year in which the annual meeting is h.eld' (2) The Budget estimate shall, after confirmation by the Board, be forwarded to the Sponsoring Body within such time as may be prescribed. (3) The Sponsoring Body shall, within one month of the receipt ol the Budget Estimate, either accord its approval thereon or return it to the Board with such comments and suggestions as it may deem necessary if, in its opinion such estimate:- i, is not reasonable or accurate with reference to the ascertainable facts; ii. includes new items of recurring expenditure which are likely to impose upon the Board in the future financial liabilities which the Board is not likely to be able to meet from its income; or iii, includes provisions for such expenditure which are not in accordance with the provisions of this Act, (4) lf the Budget Estimate is returned under sub-section (3), the Board shall consider the comments and suggestions made by the Sponsoring Body and may, if it thinks fit, revise

1. (1) The Boarrj shali be primarily self-financed However, it will be eniitled to receive grant tn aid or financial assistance from the State ot'Central Government or any other local or statutory body of State or Central Governrnent unoer any scheme or project.
   • (Z) The Board shall create a funcj to bc calied il're tloaro Fund (hereinafter referred to in this Aci as the Futnd of ti'le Board) to v,rirrch slrall be cr*rjitlrd:- a. all sums rryhich may be paio ov riie Sponsoring Boriy, any Goveri'iment Or Governmental Body or any *Statutory or L.ocai Bc:cJy, b alt fees and other charges realiseC under any of the provisions of this Act, c, all monies received by the Board fronr a school, institution. study centre or by way of grants, gifts, donations, benefactions, bequests or transfer, d. all sums representing income from endowments, if any, or from property owned or managed by the Board, and e. all other sums received by the Bu-ra[tl on Lrehalf of the operr schoc! frcm any othei' sour ces.
2. (3) The Fund shall vest in the Boarcj and slrall be undei'its control and be held in trust for the purposes of this Act.
   • (a) All monies payable to the credit of the Board shali forthwith be paid into any Bank as may be decided Oy ttre Sponsoring Body, to tne credit of the Fund and all cheques dratvn on the fund shall be signed by the Secretary, or by such other person as may be authorised by him in 'u,,ritinq on his behalf.

1) The general fund of the Board shall be utilized for meeting all expenses, recurring or non-reiurring, in relation to the affairs and functioning of the Board. 2) No expenditure shall be incurred from the Fund of the Board except for the purposes of this Act and unless such expenditure is provided for in thd Budget as aPproved under this Act or may be met by re-appropriation in such manner as may be prescribed.

1) The Board shall keep an account of all its receipts and expenditure in such manner as may be prescribed, 2) The Annual Accounts including Balance Sheet of the Board shall be prepared under the directions of Board of Management.

(l) The account of the Board shall be examined and audited annually by an auditor or auditors appointed by the Sponsoring Body in such manner as may be prescribed. (2) lt shall be the duty of the Board and every member thereof and of the Secretary and other officers and employees in the service of the Board to afford to the auditor every facility for the examination and audit of the accounts of the Board and to comply with any requisition made by auditor and the requirements of any rule made in this behalf.

1. (1) After the completion of the audit, the auditor shall submit within 14 days to the Sponsoring Body a repon on the accounts audited, and shall send a copy thereof to the Board and thereupon, the Board shall forward the report to the Sponsoring Body with its comments thereupon. 12) The Sponsoring Body shall take such action on the report submitted under Section 1 as it thinks fit.

1. (1) Subject to the provisions of Section 7 the members of the Board or of any committee constituted under this Act shall receive such allowances for attending the meetings of the Board or the committee, as the case may be and for other such purposes, as the Sponsoring Body may determine,
2. (2) As per the provision of sub-section (1) 9f Section 6 of the Right to lnformation Act, 2005 the Secretary shall be the lnformation Officer to provide information to the public,

The Board shall furnish to the Sponsoring Body such reports, returns, and statements as may be prescribed and such further information or any matter relating to the Board as the Sponsoring Body may require.

The Sponsoring Body may, by order in writing and' stating the reasons therefore, suspend the execution of any resolution or order of the Board or of any committee constituted under this Act and prohibit the doing of any act which is ouroorted to b,e done or is intendecj to be done under this Act, if the Sptnsoring Body is of ooinion that such resolution, oi'der or act is in excess of the powers conferred by or under tnls Act on ihe Board or any cornmittee, as the case may be.

No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.

No Act or proceeding under this Act shall be invalid mereiy on the ground of:-

1. (a) the existence of any vacancy in" or any defect in the constitution of the Board or any committee constituted under ihis Act; or
2. (b) any member of the Board having cast his vote in any matter in contravention of the provisions of Section '15: or
3. (c) any defect or irregularity not aftecting the merit of any case,

1. (1) The Chairperson snall make the Iirst regulaticns for the purposes of this Act'
   • (Z) The first regulations shall remain in force for a period of one year or until regulations are made by the tsoard under this Act, whichever is ear!ier.

1. (1) The Board may, make rules for carrying out the purposes of this Act. ln particular, and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters:-
   • (a) the acquisition, possession and disposal of properV by the Board, the conditions of such acquisition, possession and disposai, and the doing of anV other thing;
   • (b) the provident fund as may be instituted ancj administered by the Board;
   • (c) the form and manner in which the Budget Estimate ci the Board shall be prepared;
   • (d) the time within which the Budget Estimate shall be forwarded io the Sponsoring Body;
   • (e) the nranner in which all paynnents to and from the fund of Board shall be made'
   • (f) the manner of re-appropriatiorr.
   • (g) the manner of keeping of accounts of receir:ts ancl expencjiture'
   • (h) the manner in which examinations and audrt of accounts of the Board shail be made;
     • (i) the reports, returns and statements to be furnished by the Board and the form of such reports, returns and statements: and
   • (j) any other matter required to be prescribed, or to be provided for, by rules.

1) The Board may, make regulations for carrying out the purposes of this Act. 2) The Board and by notification, make regulations not inconsistent with the provisions of this Act and rules in respect of any mattei relating to the proper exercise of its powers and discharge of its functions under this Act or any other matter.

The Board shall, in exercising its powers and performing its duties under this Act, be guided by such directions in the mattei of scope and content of courses of studies as the Sponsoring Body may by notification give from time to time.

(i) The State Government may call for information from the Board relating to its working, functions, achievements, standard of teaching, examination and research or any other matters as it may consider necessary to judge the efficiency of the Board in such form and within such time as may be prescribed by rules, (2) The Board shall be bound to furnish the information as required by the State Government under sub-section (1) within the prescribed time'

1. (1) The Sponsoring Body may dissolve the Board by giving a notice to the effect in the prescribed manner to the State Government and employees and the students of Board at least one year in advance: Provided that dissolution of the Board shall have effect only after the approval of the State Government and the last batched of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.
2. (2) On the dissolution of the Board land and property of the Board will be vested with the Sponsoring Body,

1. (1) lf it appears to the State Government that the Board has contravened any of the provisions of this Act made thereunder or has violated any of the directions issued by it under this Act or has ceased to carryout any undertaking glven by it to the State Government or a situation or mal-administration has arisen in the Board, it shall issue notice inquiring the Board to show cause within forty-five days.
2. (2) lf the State Government on receipt of reply of the Board on the notice issued under sub-section (1), is satisfied that there is a priqa facie case of contravening any of the provisions of this Act or the rules made thereunder or of violating directions issued by it under this Act or of ceasing to carry out the undertaking given by it or mal-administration, it shall make an order such enquiry as it may conslder necessary.
3. (3) The State Government shall, for the purposes of any enquiry under sub-section (2), appoint an arbitrator to inquire into any of the allegations and to make report thereon.
4. (4) The arbitrator appointed under sub-section (3) shall have the same powers as provided as per the Arbitration and Conciliation Act, 1996; while trying a suit in respect of the following matters, namely:-

1. (1) lf any difficulty arises in giving effect to the provisions of this Act, the State Government may, by orOei published in tn" Official Gazette, make provisions, not inconsistent with the provisi6ns of this Act, as appear in ii to be necessary or expedient for removing the diff icu ity: provided that no order under this section shall be made after the expiry of a period of two years from the date of commencement of this Act'
   • (Z) Every order made under this section shall, as soon as may be after it is made, shall be lard before the House of the State Legisiature'

k) opportunities to complete school and development education and other children/ persons desifous of pursuing school level education through Open and Distance Learning (oDL) mode by offering courses and programmes of general education, life enrichment and vocational eduoation up to pre-degree level; l) to open schools/ academic centers, study centers, competitive training institutes and language institutes. m) to open/establish/atfiliate/recognise/accredit schools for study of various branches of knowledge up to pre-degree- level as well as vocational education and training progruryi"s and skill development programs and to conduct examinations thereof n) to open information centers for providing information of Education, to organize conferen6eS, summits, Seminars, meeting, discusSion, debates, study courSeS, and to conduct short term and long-term vocational courses/training. o) to establish and maintain institution for vocational training in vocation of household industry, semi-skilled jobs for self-employment, short hand and type-writing, and social science, Languiges, Fine arts, Crafts, muSic, painting, modelling, physical training etc.; p) to open training camps and workshops for the development of arts, plays and culture and raise funds through subscriptions, donations, trade to fulfill the aims and objects, to publish books, enCyclopaedias, monographs and study materials; q) to design and develop need based academic and Vocational Education Programmes, cours"i and Curricula, self-instructional materials (SlM) and other learning support for the courses identified at different points of time including for (l) Open Basic Education (OBE), (ll) Secondary and Senior Secondary Education, and (lll) Vocational Education and Training (VET) Programmes with focus on skill development, for livelihood and lifelong learning up to pre'degree level; r) to develop and prescribe or offer.a wide spectrum of courses of study, for purposes of general vocational and continuing education, either leading to certification at the school stage up to the under graduate level (including Certificates/Diplomas) or for life and job enrichment and without certification; s) to offer courses of studies through open and distance learning mode, face to face mode known as regular classroom teaching mode, e-learning mode, online mode, virlual classroom mode and any other mode as the Board may decide from time to time; t) to grant or refuse recognition to school, institution and study centres and to withdraw such recognition, if it thinks fit, in accordance with such regulations as may be made in this behalf and to maintain a register of recognized schools, institutions and studY centres; u) to establish and maintain institutions for open and distance education up to pre' degree level school education as well as vocational education and training programmes and skill development programs; v) to train the people in general for human resource development in view of the emerging needs such as database development, resource survey methodologies, computer, environmental studies, health, education, and engineering. w) to undertake and promote the publication and translation of journal, research papers and books and to develop the audio-visual programmes to disseminate knowledge pertaining to ihe objectives of the Bo;ird: x) to establish any, educationai institution ano other instrtution-q, technical or otherurise anywhere in InOia, to promoie eduoation of art. Science or other related fields and to communicate and coordinate with the Government Local and public authorities on various issues related to development welfare and pubiic interest on different subiects and for efficient working of the Board and the achievement of the above aims and objects as Der Government Policy' y) to establisl-r regionai centres in an cutside Sikkirrr for the purBoses of supervising the prcpsl funciioning of the learning sLlppon centres and stucy centres; z) to sei up, establish and administer ald maintain oifices/chai:ters in lndia anC/or abroad either on its own or in associatton rruitn any other lnstitutioniAuthority in such manner anci for such purposes as may be iletermined by the Board with a view to achrevlng,ts objectives; aa) to conduct examinations and issue cerlificates, Diploma, etc' to successful learners; bb) to prescribe by regulations, conditions for the registration of students, eligibility criteria for. appearing at the examrnations, for its oonduct and for all other matters necessarv antl incidJntal thereto for proper fulfilment of teaching and exantining and also to publish results of the examinations concjucted by the Board and to ayard diploma" cerfificates, prizes anC schclai'shios in resper;t thereot: cc) to institute and award, Prizes and lledals subject to such criteria and/or conditions as the Board may determine fronr 'iime to tirne, dd) to prescribe. fix and demand paynrent of such fees and other charges and the method of collection thereof, as rnay be prescribed by regulations; ee) to make service regulations for tne personnel related to administraticn cf the Board and for the proper manaEement of the f,.rrrctions of the Board incluciing 'llelfare rneasures for the slaff of il"re Board: ff) to make regulations for the :oi'rcjucl or atfa;rs filr ti-re Boaro; gg) to collaborate with institutions, schools, skill.knowledge and training providers at the State level such as State Council of Educatibnal Research and Training, Sikkim, lnstitutions of Education in Sikkim and State lnstitute of Educational Training and Management and Training, Sikkim and also with other institutions, schools, skill knowlJdge and training providers at the National Level throughout the country; hh) to collaborate with national and lnternational agencies like the lnstitute of National open Schooling, lndira Gandhi National open Board, National council of Educational Research and Training, National lnstitute of Educational Planning and Administration, Cl*ro"

1. (a) summoning anrj enforcing the attendance of any person and examining him on oath:
2. (b) requiring the discovery and production of any such document or any other matertal as may be predicable in evidence: ano
3. (c) requisiiioning any oublic reccro fi'Onr ;11ir co.;rt or offtce.

Crr receipt of rhe enouiry report frorn the offio:r or rlfficers appointed urtder sub-sectron (3), if il-re State Government is satisfiad inat 1l're 3oard has contravened any o{ the pr.ovisions of this,Act cr the rutes rra'-li-r tnei.er.nder or has violated any of the directions issued by it under this Act or has cear;eo io iiirry oilt the undertakings given by it or mal-administration has arrsen in the Soard wirich threatens the acadernic standard of the Board, it shall make orders for corrective actions or direction.