(l) Subject to the prov1s1ons of this Act the powers and duties of the Council shall be as follows, namely : ~ .
(i) to prescriOe currieulum, syllabus, and courses .of instructions for · Higher Secondary· Stage which may be frn parted in a College or Higher Secon . dary School ; '
(ii) to conduct examinations based on such courses ;
• I ~30 THE . ASSAM G~ZETTE EXTRAORDI°NARY APJU~ .. .
. (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 candidates as may be prescribed by regulation ;
(iv) to demand and receive such fees as may be prescribed by regulations ;
(v) to publish the results of its examina tion ;
..., ......
(vi) to grant certificates to · students pas sing the examinations ;
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(vii) to institute and award scholarships, prizes etc.
(viii) to prescribe and select text books and supplementary books;
(ix) to . lay down conditions of recognition of ·Higher Secondary Schools, and junior Colleges·;
(x) to recognise Higher Secondary Schools and to withdraw such :re~ognition;-
(xi) to take such disciplinary action as it thinks fit against institutions as p r escriqed by regulations;
(xii) to adopt measures for study and examination of problems. in the field of Higher Secondary Education;
(xiii) to advise the ·Government on physi cal, moral and social welfare of stu dents in recognised _institutions, and to prescribe conditions of their resr dence and discipline ;
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THE ASSAM GAZETTE, __ E~'l'RAORDINARY, APRl_L 18, 1934 931 {xiv) to prescribe necessary qualifications of teachers in .recognised Higher Secon dary Schools ;
(xv) to receive grants from the Govern ment and donations from pdva'te and individuals or .associations for specific or generaLpurposes;
(xvi) ·to call for reports from the Director of Public Instructions regarding the .·conditions of recognised institutions 0r of institutions applying for recognition; · ·
(xvii) to advise the Government on .. re organisation and dev<elopment of Hig her Secondary Education ;
(xviii) to advise the Government relating to any matter within the provisions of this Act on which the Government may consult the Council ; ,
(xix) to appoint officers and other em ployees of the Council, and to pres 'cribe by regulations the terms and conditions of their services ; ..
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(xx) to .institute by reguia.t:~ons for -the benefit of its officers and other em ployees such pension, gratuity and provident fund as it may deem fit in ~uch manner; and subject to such conditions as may be prescribed by .
regulations.
(xxi) to delegate any of its1 powers to any :r.- Committee · constituted under this Act;
(xxii) to administer the Higher Secondary Equcation Council Fund ;
932 THE ASSAM GAZETTE, __ EXTRAORDINARY, APRIL 18 , 1~8~
(xxiii) to receive, purchase and hold any pr operty, . movable or immovable, which may become vested in it, and to dispose of or any of the pro perty, movable Qr immovable belong ing to it, and also to do all other acts incidental or appertaining thereto ;
(xxiv) to do all such acts and things as may be necessary to carry out the pur poses of this Act.
(2) It shall be the endevour of the Coun ' cil to prepare and publish text books and Supplementary books through · the Assam State Text Book Produc tion and Publication Corporation Ltd. , a Government undertaking.
If, however, the Assam State Text Book Production and Publication Cprporation Ltd. , fails to prepare and publish text books and supplementary books within a reasonable period, the Council will have freedom to prepare and publi~h them through any other agencies or under its own contrql giving proper notice to the Assam State Text Book Production and Publi cation Corporation Ltd.
Powers of 14. Notwithstanding anything contained in the Govern· this Act _ ment. , , _
(1) The Government shall have the right to address the Council with reference , to anything conducted or done by the Council and to communicate its views on any matter witl:i which the Council is concerned.
(2) The Council shall report to the Government such action, if any, as it proposes to take or has taken, on the communi~ation of the Government.
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1'HE ASSAfyI GAZET~E._:_EXTRAORDINA:~Y. APRIL_l8, 1984 933 .
- (3) The .Government may ·after consulta tion with the Council issue such direc- , tions c~nsistent with ~ the provisions of this Act" as it may think fit, and the Council shall comply with such direc tions.
(4) The Government m~y, by order in writing specifying the reasons thereof, suspend the execution of ariy resolution or order of the Council and prohibit the doing of an act ordered to be done by Council, if the Government is of the opinion that such . resolution, order or act is in excess of the powers con ferred upon the Council ·by or under this Act.
(5) The Government may, after consulta tion with the Council, suspend or re move a member whose continuance as a member of the Council is considered to be detrimental to the inte rest of the Council.
Constitution . 15. A fund to be cailed Higher Secondary s~c~~~~; Education Council Fund shall be constituted and Education all sums received by or on behalf of the Council Council Pund. under this Act shall be placed to the credit thereof.
9ustody and 16. All moneys at the credit of the Fund ~~vu~!flr;h_shall be kept in the State Bank of India or . the .
er SecondaryAssarn Co-operative Apex Bank Ltd. or in any Education t' i · d B k tl C 'l d t . . council na 10n ise an , as 1e ounc1 inay e ermine.
Fund . .
Anplication 1.7: Subject .to the prov1s10ns of this Act, 'the of the Fund. · .
Fund shall be applicable . only to the payment pf the charges . and expenses incidental to inatters .
specifi~d in this Act. · ·;
934 THE ASSAM GAZETTE. EXTRAOP.J)IN .\HY, APR.IL 18, 1934 ' ,\ udit of the 18 Th t 'f h C · 1 h 11 b Accoun~ of • e aCCOUn S 0 t e OUnCi S a e he c o·u ncil audited only by such agency as may be specified by I' the Government and a copy of the audited ac tounts shall be submitted by the Council to the Government by such date each year as the Government may specify.
Power~ and auties of the Chairman.
' . '
19. (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 Council are duly implemented ' and he shall have all the powers neces ~ary for this purpose.
(2). The Chairman shall have , power to convene meetings of the Council.
(3) .When any emergency ar~sing ·out of administrative business of the Coun cil requires, in the opinion of the Chair- ~ man, that immediate action should be taken, the Chairman shall take such action as he. deems necessary and re port his action . to the Council at its next n;ieeting.
(4) The Chairman shall exercise sy.ch other powers as may. be prescribed by the regulations.
Nwers and · 20 . The Secretary of the Council shall be d.utie.- of Qffi cl 1 11 Sfcretar'y. the Principal Administrative cer, an .s 1a · subject' to the c·ontrol of the . Chairman, pe:rform such duties as may be prescribed by regulation.
Powers "nd 21. Other Officers will have such powers duties of l t• other and duties as may be prescribed by regu a ions:
Ofiicers.
Committee.> of Coundl.
2:l . (1) The C.ouncil shall, for the purpos~ of , carrying out its duties and functions • • ..
THE ASSAM GAZETTE. EXTRAORDINARY, A PR lL 18, 1984 935 Exercise of poWerS d el• egated. b);
the Po~,cJI to domm1ttc~.
imposed under this Act, appoint the following committees namely :- ' I
(i) Ourriculum and syllabus Committee.
(ii) Examination Committee.
(iii) Recognition Committee.
(iv) Finance 'committee . .
'(v) Administration Committee and
(vi) Such other Committees as may be fq~nd necessary.
(2). Every such committee shall consist of such members of the Council and of such other persons as the Council may qppoi11t. _ {3) Every such Committee except the Admini$tration Committee and the , ~~rll1ination Committee, may co-opt persons to be members to the extent of!
one third of the ~embers appointed to it.
{4.) Members of such Committee shall hold office for such tiµie as the Council may determine.
{5) Subject to the provisions of this Act and the rules made thereunder the duties a:qd functions of the Committees shall be qete:r~ined by regulations.
23. All matters relating to exercise o':Jl powers conferred upon the Council by this -4\ct which are by regulations dele gpt~d t_o ~nY fOmmittee appointed under section 22 shall stand referred to that ~ommittee, anq the Council before exerCising 'such powers shall receive and ~onsid~r the report or recommendation of t4e Committee with respect to the matter · in question.
~ 1936 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 18, 1984 Power of Council -to make r gula tions.
24. {l) The Council may subject to the approval of the Government make regulations for the purpose o:ii carrying out the provisions o~ this Act.
· (2) In particular and without prejudice to the generality of the foregoing powers, the Council may make re gulations providing for all or any of the following matters namely:-
(a) the constitution, powers and duties of Committee appointed under Section 22 ;
(b) courses of study to be laid down for different examinations ;
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(c) marks required for passing in any subject and the examination as a whole, and for credit and dis tinction in any subject;
(d) qualifications, appointment and ~ remuneration- of examiners, pa per-setters and others ;
(e) conducting examinations ?.nd publishing the results ;
(f) conditions of recognition of' Higher Secondary Schools and Junior Colleges;
"
(g) conditions under which candidates shall be admitted · to the examinations ot the Council ;
(h) disciplinary measures 'for malpra ctices in examinations ;
fl) fixing of fees and charges in respect of examinations ;
THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 18, 1984 937
(j) provident fund, etc. for the bene fit of the employees of the Coun cil;
(k) rate of travelling and daily al lowances to the non-official mem bers of the Council or Commit tees;
(1) delegation of powers or assign ment of functions to Committees formed under this Act ;
(m) all matters which, by this Act are to be or may be provided for by regulations :
Provided that 3.ll regulations, alterations and revocation thereof shall be subject to appro val by the Government and published in the Official Gazette.
Council to 25. The Council shall furnish to the Govern !Fi~~tu~0-ment such reports, returns and statements and et~. to the such other information relating to any matter Government.under the control of the Council as the Government may require.
Powers of 26. If in the opinion of the Government, the the Govern-Council has shown its incompetence to perform ment to · tl d d f 1 ' h f constitute or pers1sten y ma e e au t in t e per ormance the Council. of the duties imposed, or exceeded or abused the powers conferred upon it by or under this Act, the Government shall formulate in writing specific charges against the Council in respect of those matters and shall forward a copy of such charges to the Council with direction to submit any comments or explanations in respect there of to the Government within such period as may be specified in this behalf. After the considera tion of the comments or explanations submitted by the Council, the Government may, if it thinks fit, by notification supersede the Council and 938 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 18, 1984 thereafter reconstitute the Council in accor dance~ with the provision of Section 5 and in every such case, the Government shall, as soon as may b~, lay before the Stat!= Legislature a copy of the said notification together with the statement of the reasons which led to such reconstitution.
Vesting of d f powers till 27. Until the Council is reconstitute a ter reconstitu- supersession under Section 26, the duties and tion of th~ c~u~c~. powers of the Council shall be performed and Power of.
Government to make rules.
exercised by, and the property of the Council shall vest in, such person or authority as the Government may specify by notification.
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28. (1) The Government may make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid. as soon as may be after it is made, before the Assam Legislative Assembly while it is iri session 'for a totC\l period of fourteen days, which mC\Y be ~ompri~ed ~~ ope sess~on or in two s11ccesstv~ sessj_ons, and if, b~ fore the expiry of the session ill which it is so laid or the session im mediately foffowing, the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect onl:v, in such modlfied farm or be o:fi no effect, as the case mC!,y: b~; so however, that ~:µy such ·modification or annulment shall be without -prejudice to the valic:Iity of anythi!lg p:reviously done or omitted to be done under that rule. .. . , ~ - ¥P· SAADULLAH, Sec.retary to the G9vt. of Assam, · Legislative Department.
' ··- - - ---- -- ------------------ 1;/\t.;HATI .. Printed and pnblish•d by theSupdt i/c. Assam Govt. Printing Press (Ex-Gazette) No. 179-1,040-250-18·4-1984,