(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum ;
(b) providing for all matters solely concerning the Board and its committees and not provided for by this Act and its regulations.
(c) providing for all other matters solely concerning the Board and its committees and not provided for by this Act, and its regulations.
Powers of the Board and its commit t - ees to make bye laws.
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CHAPTER--IX FINANCE AND AUDIT
18. (1) The President shall place before the annual meeting of the Board, held in the year following the year in which it is constituted and before every annual meeting thereafter, a report on the working of the Board during the last preceding financial year together with a budget estimate showing, in such form as may be prescribed, the anticipated income and expenditure of the Board during the financial year in which such annual meeting is held.
(2) The report shall be forwarded to the State Government within one month of the presentation thereof before the annual meeting of the Board together with such comments thereon as the Board may think fit to make.
(3) The budget estimate shall, after confirmation by the Board, be forwarded to the State Government within such item as may be prescribed.
(4) (a) The State Government shall within three months of the receipt of the budget estimate either accord its approval to the same or return it to the Board with such comments and suggestions as it deems necessary if in its opinion such estimate--
(i) includes new items of recurring expenditure ascertainable facts or shows a deficit in the closing balance ;
(ii) includes new items of recurring expenditure which are likely to impose on 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 expenditure which are not in accordance with the provisions of this Act.
(b) If the budget estimate is returned under clause (a), the Board shall consider the comments and suggestions made by the State Government and may--
(i) If it thinks fit, revise the said estimate, or (ii) if it does not think fit to revise the estimate, resubmit it in its original Preyaration presentation and sanction of budget of the Board.
18 form to the State Government within one month of receiving it, together with its replies on the comments and suggestions made by the State Government.
(c) If the State Government does not approve of the budget estimate as revised by the Board or without revision, the State Government may amend the budget estimate by making--
(i) such modifications as are in its opinion necessary to render the estimate reasonably accurate with reference to ascertainable facts or to balance the income and the expenditure ;
(ii) additions, alterations or modifications in any provision relating to new expenditure of recurring nature ;
(iii) any alternation or modification in any provision which, in its opinion, is not in accordance with the provisions of the Act, and shall forward the budget estimate, so amended to the Board.
(5) If the State Government does not accord its approval to the said estimate within three months of the resubmission thereof with or without revision, the said estimate shall be deemed to have been approved by the State Government.
19. (1) The State Government may, after considering the Budget estimates, the accounts of the Board and such other reports as it may call for, make such annual and periodical grants to it as it may think fit.
(2) To enable the Board to function effectively as soon as it is constituted, and any time thereafter, the State Government may make such grants to the Board as it may think necessary.
20. (1) The Board shall have a fund to be called the Tripura Secondary Education Board Fund to which shall be credited--
(a) all sums which may be paid by the State Government under section 19;
Government grants to the Board.
Funds of the Board and the use therof.
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(b) all fees realised under any of the provisions of this Act ;
(c) all sums representing income from endowments or property owned or managed by the Board ; and
(d) all other sums received by or on behalf of the Board from any other source whatsoever.
(2) The Fund shall vest in the Board and shall be held by it trust for the purpose of this Act.
(3) All moneys payable to the credit of the Fund shall forthwith be paid into the State Bank of India to the credit of the Fund, and all cheques drawn on the Fund shall be signed by the President or by such other person as he may authorise in this behalf.
(4) The Board shall keep an account of all its receipts and expenditure in the manner prescribed.
(5) No expenditure shall be incurred from the Fund except for the purposes of this Act and unless such expenditure is provided for in the budget approved under this Act or can be met by reappropriation in the prescribed manner.
21. (1) The accounts of the Board shall be examined and audited annually in such manner as may be prescribed by an auditor by the State Government.
(2) For the purpose of examination and audit under sub-section (1), an auditor under that sub-section may--
(a) require in writing the production before him of any document relating to the Board or the assets thereof which he considers necessary for the purpose of audit ;
(b) require in writing the personal appearance before him of any person accountable for or having the custody or control of, any such document to answer question relating thereto ; and Audit of the accounts of the Board.
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(c) require any person so appearing before him to submit a statement in writing in respect of any such document.
(3) It shall be the duty of the Board, and of every member thereof, and of the Secretary and the members of the staff 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 the auditor under sub-section (2) and with the requirement of any rule made in this behalf.
(4) Not more than three weeks after the completion of the audit the auditor shall submit to the State Government a report on the accounts audited and shall send a copy thereof to the Board which shall forward it to the State Government together with its observations thereon.
(5) The State Government shall take such action on the audit as it thinks fit.
(6) The annual audit report shall be laid on the Table of the Tripura Legislative Assembly as soon as may be after it is received by the State Government.
CHAPTER--X.
SUPPLEMENTAL PROVISIONS
22. The Board shall furnish to the State Government such reports and statements as may be prescribed, and such further information on any matter relating to the Board, as the State Government may require.
23. The State Government may, by order in writing, specifying the reasons thereof, suspend the execution of any resolution or order of the Board or of any committee and prohibit the doing of any act which purports to be done or intended to be done under this Act, if the State Government is of opinion that such resolution, order or act is in excess of the powers conferred by or under this Act upon the Board or the committee, as the case be.
24. (1) The members of the Board or every committee or sub-committee, persons in the service of the Board, and any person appointed under this Act to audit the accounts of the Board, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Submission of returns, reports etc. by the Board to the State Governments.
Power of suspension by the State Government of execution of resolutions or orders of the Board and its committees.
Members of the Board and committees and emproyees to be public servants.
45 of 1860.
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(2) No suit., prosecution or other legal proceedings whatsoever shall be against any person for anything in good faith done or intended to be done under this Act.
25. Subject to the provisions of section 27, every matter or thing required to be provided by regulations under this Act shall, until such regulations are made, be provided by rules made under this Act.
26. (1) The State Government may make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generally of the foregoing powers, such rules may provide for all or any of the following matters, namely :--
(a) the acquisition, possession and disposal of property by the Board, the conditions of such acquisition, possession and disposal and the performance by the Board of any function referred to in sub-section (2) of section 3 ;
(b) the manner of election of the members of the Board specified under 1[clause (xiv)] of sub-section (1) of section 4, the constitution of electorates for such elections and the dates by which such elections shall be held ;
(c) the composition of managing committees of institutions ;
(d) the terms and conditions of appointment, the scale of pay and the rules of discipline relating to the officers and the staff of the Board ;
(e) the rates at which the Board shall pay travelling allowances to persons referred to in section 12 ;
(f) the provident funds and retirement benefits referred to in clause (k) of sub-section (2) of section 16 as may be instituted and administered by the Board ;
1. Inserted by The Tripura Board of Secondary Education (Amendment) Act, 1976, w.e.f. 1.1.1976.
Trans i tory provisions.
Rule making powers of the state Government.
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(g) the form in which the budget estimate of the Board shall be prepared ;
(h) the manner in which all payments to and from the Fund shall be made ;
(i) the manner and form in which accounts of receipts and expenditure shall be kept under sub-section (4) of section 20 ;
(j) the manner of reappropriation under sub-section (5) of section 20 ;
(k) the manner in which examinations and audit of the accounts shall be made;
(l) the reports, returns and statements to be furnished by the Board under section 22 and the forms of such reports, returns and statements ;
(m) any other matter required to be prescribed or provided or made by rules.
(3) Every rule made under this Act shall be laid as soon as may be after it is made before the Assembly while it is in session for a total period of not less than fourteen days which, may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions aforesaid the Assembly makes any modification in the rule or decides that the rule shall not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be;
; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
27. All syllabuses, courses of studies and text books prescribed by the West Bengal Board of Secondary Education and all rules and regulations on matters of school administration followed in Tripura immediately preceding the commencement of this Act shall continue to be followed until other provisions are made under this Act.
28. No act or proceeding of the Board or a committee or a sub-committee shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members or any defect or irregularity not affecting the merits of the case.
Constinuation of rules rext books syllabus etc. of the West Bengal Borad of Secondary Education under the Act.
Validity of the proceedings of the Board or a Committee or a subcommittee.
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29. (1) The Board shall, in exercising its powers and performing its duties under this Act be guided by such directions, as the State Government may, by notification in the Official Gazettee, give from time to time regarding the scope and control of secondary education in Tripura.
(2) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may make such order to do such thing, not inconsisting with this Act, as appears to it to be necessary or expedient for removing the difficulty.
(3) Every order made under this section shall be laid as soon as may be after it is made before the Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions aforesaid the Assembly makes any modification in the order or decides that the order shall not be made, the order shall thereafter have effect, only in such modified form or be of no effect, as the case may be ; so, however, that such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
30. On and from the date of enforcement of the Tripura Board of Secondary Education Act, 1973, the West Bengal Board of Secondary Education shall cease to have jurisdiction over the institution of Tripura in respect of any matter covered by the said Act.
31. The State Government shall have power to exempt any institution or class of institutions affiliated to the Central Board of Secondary Education from the operation of this Act.
~~~~~***~~~~~ Power of Supervirion, g u i d a n c e and control of State Government over the Board.
Exclusion of jurisdiction.
Exemption.
LIST OF AMENDMENTS.
1. The Tripura Board of Secondary Education (Amendment) Act, 1976, w.e.f.. 1.1.1976.
2. The Tripura Board of Secondary Education (Second Amendment) Act, 1978, w.e.f..
1.1.1978.
3. The Tripura Board of Secondary Education (Third Amendment) Act, 1985, w.e.f.
2.3.1986.
4. The Tripura Board of Secondary Education (fourth Amendment) Act, 1989, w.e.f.
5.3.1990.