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Section 13: Power of the Board

The Himachal Pradesh Takniki Shiksha Board Act, 1986State Act of Himachal Pradesh · Act 14 of 1986

(1) The Board shall, subject to the provisions of this Act and the rules made thereunder, have all such powers as may be necessary for the discharge of its functions and the performance of its duties under this Act and rules or regulations made thereunder.

(2) In particular and without prejudice to the generality of the foregoing powers, the Board shall have the powers-

(i) after giving the candidate a reasonable opportunity of being heard, to cancel an examination, or withhold the result of an examination, of a candidate, or to disallow him from appearing at any future examination who is found by it to be guilty of-

(a) using unfair means in the examination;

(b) making any incorrect statement or suppressing material information or fact in the application form for admission to the institution or to the examination;

(c) fraud or impersonation at the examination;

(d) securing admission to the examination in contravention of the rules governing admission to such examination; or

(e) any act of gross indiscipline in the course of the examination;

(ii) to deduct marks at any examination of any candidate found by it to be guilty of any act of indiscipline in the course of the examination;

(iii) to cancel the result of an examination of any candidate found by it to be guilty of all or any of the acts mentioned in sub-clauses

(a) to (d) of clause (i) or for any bona fide error of the Board in the declaration of the result:

Provided that the result of an examination shall not be cancelled on the ground of a bona fide error of the Board, after the expiry of 90 days from the date of announcement of the result of the examination;

(iv) to prescribed fees for the examinations conducted by it and provide for the manner of their realisation;

(v) to refuse affiliation of an institution-

(a) which does not fulfil, or is not a position to fulfil or does not come upto the standards for staff, instruction, equipment or buildings laid down by the Board in this behalf, or

(b) which does not or is not willing to abide by the conditions of affiliation laid down by the board in this behalf;

(vi) after giving the institution concerned a reasonable opportunity of being heard, to withdraw affiliation of an institution not able to adhere to or make a provision for standards of staff, instruction equipment or building laid down by the board, or on its failure to observe the conditions of affiliation to the satisfaction of the Board;

(vii) to call for reports from the heads of affiliated institutions in respect of any act done in contravention of the rules or regulations or decisions, instructions or directions of the Board, and take suitable action for the enforcement of the rules or regulations or decisions, instructions or directions of the Board, in such manner as may be prescribed by the regulations;

(viii) to inspect an affiliated institution for the purpose of ensuring due observance of the prescribed courses of study and to ensure that facilities for instructions are duly provided a and availed of;

and

(ix) to fix the maximum number of students that may be admitted to courses of study in an affiliated institution.

(3) The decision of the Board in all matters mentioned in sub-sections

(1) and (2) shall be final.

Where this provision sits

ActThe Himachal Pradesh Takniki Shiksha Board Act, 1986
Section13
Marginal notePower of the Board
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source
Judgments citing it1

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