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The Maharashtra Secondary and Higher Secondary Education Boards Act, 1965

Maharashtra Act No. 41 of 1965

MH245

(a) "appointed day" means the date on which the remaining provisions of this Act come into force under sub-section (3) of section 1,

(b) "Board" means the State Board or a Divisional Board, as the case may be;

(c) "bye-laws" means bye-laws made by the State Board under section 38;

(d) "corresponding Divisional Board" in relation to the Maharashtra Secondary School Certificate Examination Board means the Board established under this Act for the Poona Division and in relation to the Vidarbha Board of Secondary Education means the Board so established for the Nagpur Division;

[(e) "Division" means the areas comprised in each of the Division as specified in the First Schedule to this Act;]

(f) "Divisional Board" means a Board established for a Division under this Act;

(g) "final examination" means one or more examinations conducted [at the end of the secondary, or as the case may be, higher secondary stage of education,] by a Divisional Board on behalf of the State Board;

(h) "headmaster" or "headmistress" [or "principal"] means the head of the teaching staff of a secondary school [or a junior college] recognised by a Divisional Board, by whatever style designated;

[(h-1) "higher secondary education" means such general, technical, vocational or special education (including any combined course thereof), which follows immediately the secondary education and precedes immediately the education controlled by Universities established by law in the State;]

(i) "institution" means an institution imparting [secondary or higher secondary education or both];

[(i-1) "junior college" means an institution which imparts education in the first year or the second year or both, of the higher secondary education course;]

(j) "prescribed" means prescribed by regulations;

(k) "primary education" means education imparted in a primary school as defined by the State Government in this behalf or education equivalent thereto;

(l) "recognised by a Divisional Board" with reference to a secondary school [or a Junior College], means recognised by a Divisional Board for the purposes of admission to the privileges of that Board, and "recognised by the Education Department" means recognised either by the Directorate of Education or the Directorate of Technical Education under the Secondary Schools Code [or any other administrative orders of the Education Department of the State Government] and the expression "recognition" with all its grammatical variations and cognate expressions, shall be construed accordingly;

(m) "regulations" means the regulations made by the State Government under section 37 and by the State Board under section 36;

[(n) * * *]

(o) "secondary education" means such general, technical, vocational or special education (including any combined course thereof), which is designed to meet the needs of the period of adolescence and which follows immediately primary education and precedes immediately [higher secondary education];

(p) "State Board" means the Maharashtra State Board of Secondary [and Higher Secondary] Education established under this Act;

[(p-1) "secondary school" means an institution which imparts secondary education and is recognised by a Divisional Board;]

(q) "teacher" means a member of the teaching staff (other than headmaster or [headmistress or principal of a secondary school or a Junior College] recognised by a Divisional Board;

[(r) "text book" in relation to any standard including the final standard [of secondary or higher secondary education], means any book prescribed by the State Board, or prepared or caused to be prepared and prescribed by it, for that standard.]

Class A - Ex-Officio Members

(i) The Director of Education, or any other officer of the Department of Education designated by the State Government.

[(i-a) The Director of Higher Education or any other officer of the Department of Education designated by the State Government.]

(ii) The [Chairmen] of the Divisional Boards.

(iii) The Director of Technical Education, or any other officer of the Department of Technical Education designated by the State Government.

(iv) The Director of Agriculture, or any other officer of the Agriculture Department designated by the State Government.

[(iv-a) The Director of Art, or any other officer of the Directorate of Art designated by the State Government.]

[(v) The Director, State Council for Educational Research and Training.]

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Class B - Elected Members

(i) One member from each University in the State established by law, who shall be the person elected by the Academic Council or other designated authority of that University [* * * * * *]

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Class C - Nominated Members

(i) [Six members designated by the State Government] from amongst the [principals], headmasters and headmistresses nominated as members of the Divisional Boards [of whom at least one shall be the principal of a junior college].

[(i-a) two members of the Maharashtra Legislative Assembly nominated by the Speaker of the Maharashtra Legislative Assembly.

(i-b) one member of the Maharashtra Legislative Council nominated by the Chairman of the Maharashtra Legislative Council.]

(ii) [Six members designated by the State Government]. from amongst the teachers nominated as members of the Divisional Boards [of whom at least two shall be teachers of junior colleges.].

(iii) One member nominated by the State Government. from amongst the Principals of [Colleges of Education] in the State.

[* * * * * * *]

(iv) [Six members designated by the State Government] from amongst representatives of the managing bodies of secondary schools [and junior colleges] nominated as members of the Divisional Boards [of whom at least one shall be the representative of the managing bodies of junior colleges.]

[(v) [Six members designated by the State Government] nominated by reasons of their having special knowledge, or practical experience in matters connected with primary, secondary or higher secondary education, of whom not less than one shall be a woman.]

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Class I - Ex-Officio Members

(i) All Regional Deputy Directors of Education in the Division.

(ii) Two Education Officers designated by the State Government, from amongst officers serving in the Division as Parishad Education Officers of the Zilla Parishads, [and the Educational Inspector, Greater Bombay.]

Class III - Nominated Members

[(i) Six members nominated by the State Government for amongst the principals, headmasters and headmistresses in the division, of whom two shall be principals of junior colleges.]

[* * * * * * * ]

[(ii) Eight members nominated by the State Government, from amongst the teachers in the division, of whom four shall be teachers in junior colleges.]

[* * * * * * ]

[(iv) Two members nominated by the State Government, from amongst the representatives of the managing bodies of secondary schools, and junior colleges recognised by the Divisional Boards in the division, of whom one shall be the representative of the managing bodies of junior colleges.]

[(v) (vi) * * * * * * ]

(a) if he directly or indirectly, by himself or his partner,-

(i) has or had any share or interest in any tax-book published, or

(ii) has any share or interest in any work done by order of, or in any contract entered into on behalf of the State Board or a Divisional Board:

(b) if he is a person against whom an order of removal from office has been made under sub-section (1) [or sub-section (2)] of section 15:

(A) the publication of a text-book shall include its republication;

(B) a person shall be deemed to have incurred disqualification by reason of his having any share or interest in the business of the publisher of such text-book.

(a) to advise the State Government on matters of policy relating to [secondary or higher secondary] education in general, and on the following matters in particular:-

(i) ensuring a uniform pattern of [secondary or higher secondary] education;

(ii) maintenance of uniform standard of education in secondary schools [and junior colleges];

(iii) co-ordination between national policies and State policies in [secondary or higher secondary] education;

(iv) co-ordination between [secondary or higher secondary] education, university education and primary [* * *] education;

[(b) to lay down guiding principles for determining curricula and syllabi and also to prepare the detailed syllabi for all standards of secondary and higher secondary education;]

[(c) * * * * * *]

(d) to prescribe standard requirements in respect of staff, buildings, furniture equipment, stationery and other things required for secondary schools [and junior colleges];

[(e) to prescribe any books as text books or to prepare or cause to be prepared any books and prescribe them as text books, for all standards including the final standard [of secondary and higher secondary education];

(f) to prescribe the general conditions governing admission of regular and private candidates to the final examinations, and to specify the conditions regarding attendance and character, on the fulfillment of which a candidate shall have a right to be admitted to and to appear at any such examination];

(g) to award certificates to candidates passing the final examination;

(h) to institute and award scholarships, stipends, medals, prizes and other rewards, and to prescribe conditions therefor;

(i) to receive bequests, donations, endowments, trusts and other transfer of any property, or interest therein or right thereto;

(j) to hold any property, interest or right referred to in clause (i) above and to manage and deal with the same;

(k) to demand and receive such fees as may be prescribed, from secondary schools [and junior colleges] recognised by the Divisional Boards;

(l) to call for special reports and information from the Director of Education or other officers of the Education Department, and any information from any secondary school [or junior college] recognised by a Divisional Board to ensure maintenance of academic standards in secondary [and higher secondary] education;

(m) to recommend measures to promote physical, moral and social welfare of students in institutions recognised by the Divisional Boards, and to prescribe conditions of their residence and discipline;

(n) to appoint officers and servants of the State Board (other than the Chairman, Secretary, Joint Secretary or Assistant Secretary) in its office and in the offices of the Divisional Boards and to regulate the terms and conditions of their service;

(o) to constitute provident fund for the benefit of the officers and servants of the State Board;

[(p) to approve the annual financial statements pertaining to the State Board and the Divisional Boards and to recommend to the State Government for sanction, the annual budget;]

(q) to inspect and supervise generally the working of the Divisional Boards and to inspect periodically the accounts thereof;

(r) to conduct statistical and other research for the purpose of evaluation and reform of the curricula, instruction and examination system;

[(r-1) to conduct correspondence and other non-formal courses leading to final examinations through variety of media including open school courses;]

(s) to appoint such Committees as it may think necessary for the efficient discharge of its functions under this Act;

(t) to make regulations for the purpose of carrying into effect the provisions of this Act;

(u) to make by-laws relating to matters such as procedure to be followed by the State Board and the Divisional Boards, their Committees [* * *] and any other matter solely concerning the State Board and Divisional Boards and their Committees that are not provided for by this Act and the regulations made thereunder;

(v) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under this Act;

(w) to do all such acts and things as may be necessary to carry out the purposes of this Act.

(a) to advise the State Board on matters of Divisional importance, either referred to it or on its own initiative, for the purposes of implementation of recommendations by the State Board regarding standard requirements in secondary school [and junior colleges];

[* * * * * *]

[* * * * * *]

(d) to demand and receive such fees as may be prescribed for candidates admitted to the final examination;

[* * * * * *]

(f) to conduct in the area of its jurisdiction the final examination on behalf of the State Board;

(g) to appoint paper setters, translators, examiners, moderators, supervisors and other necessary personnel for conducting the final examination in the area of its jurisdiction, for evaluation of candidates, performance and for compiling and release of results [in accordance with such instructions as the State Board may from time to time issue];

(h) to admit candidates for the final examination according to the regulation made by the State Board in this behalf;

(i) to open centres within its jurisdiction for the final examination conducted by it;

(j) to declare the results of the candidates appearing at the final examination conducted by it [on such date or dates as may be fixed by the Examinations Committee of the State Board];

(k) to forward a list of candidates according to merit to the State Board for the purpose of award of scholarships, stipends, medals, prizes and other rewards;

(l) to deal with cases of use of unfair means according to the procedure laid down by the State Board;

(m) to generally evaluate the performance of students in all examinations in secondary schools [and junior colleges] including the final examination and make necessary recommendations to the State Board in that Behalf;

(n) to grant recognition to secondary schools [and junior colleges] or withdraw the same in the prescribed manner;

(o) to call for any information from any secondary school [and junior college] recognised by it to ensure maintenance of academic standard and to calf for special reports and information either on being referred to by the State Board or on its own initiative, from the Regional Deputy Director of Education concerned on secondary schools [and junior colleges] recognised by it not maintaining the required academic standard, to withdraw recognition granted by it, and to recommend to the Directorate of Education or the Directorate of Technical Education, as the case may be, withdrawal of recognition granted under the Secondary Schools Code [or any other administrative orders of the Education Department of the State Government] also, in cases of poor academic results and grave academic irregularities;

(p) to forward with its remarks the recommendations of its Committees to the State Board for necessary action;

(q) to require institutions recognised by it and the Education Department to extend their co-operation in the conduct of the final examination [and to withdraw the privileges of the Board from any institution which fails to place at its disposal the facilities required to conduct final examinations, after giving it a reasonable opportunity of showing cause why such order should not be made];

[q-1) to conduct such correspondence and other non-formal courses leading to final examinations as the State Board may specify under clause (r-1) of section 18;]

(r) to exercise such other powers as may be delegated to it by the State Board.

(a) Executive Council.

(b) Academic Council.

(c) Finance Committee.

(d) Examinations Committee.

(e) Board or Boards of Studies.

(a) Standing Committee.

[(b) (c) * * * ]

(d) Examination Committee.

[(e) * * * * *]

(a) fees, royalties and charges (including prescribed penalties) levied by it;

(b) grants, assignments, contributions and loans, if any, made to it by the State Government;

(c) bequests, donations and endowments, or other contributions, if any;

(d) interest on, and sale proceeds of, any securities vested in it;

(e) all rents and profits from the property vested in it;

(f) other moneys received by or on behalf of it.

(a) the constitution, powers and duties of the Committees appointed under section 23;

(b) the subjects and curricula for the final examinations;

[(c) the general conditions governing admission of regular and private candidates for the final examinations, and any particular conditions regarding attendance and character, on the fulfilment of which a candidate shall have a right to be admitted to and to appear at any such examination;]

(d) the marks required for passing in any subject and the final examination as a whole, and for exemption, credit and distinction in any subject;

(e) the fees for admission to the final examinations and other fees and charges payable in respect of other matters connected with those examinations;

(f) the arrangements for the conduct of final examinations by the Divisional Boards and publication of results;

(g) the appointment of examiners, their powers and duties in relation to the final examinations and their remuneration;

(h) the qualifications and disqualifications of examiners;

(i) the award of certificates;

(j) the appointment of officers and servants of the State Beard in its own office and in the offices of the Divisional Boards and the conditions of their service;

(k) the constitution of provident fund for the benefit of the said officers and servants of the State Board;

(l) the control, administration, safe custody and management in all respects of the finances of the State Board;

(m) the date before which and the manner in which the [State Board] shall prepare [its] budget estimates;

[(m-1) the compensatory allowance which may be drawn by members of the Boards and the Committees appointed by them;]

(n) any other matter which is to be or may be prescribed under this Act.

(a) the procedure to be followed at the meetings of the State Board and the Divisional Boards and the Committees appointed by any of them and the number of members required to form a quorum at such meetings;

(b) [* * * * * * ]

(c) any other matter solely concerning the Boards and their Committees not provided for by this Act and the regulations made thereunder.

(a) the Bombay Secondary School Certificate Examination Act, 1948; and

(b) the Madhya Pradesh Secondary Education Act, 1951,

(a) all property, movable and immovable, and all rights, interest of whatever kind, powers and privileges of the dissolved Boards shall on the appointed day stand transferred to the State Board and shall without further assurance vest in the State Board, and shall thereafter be applied to the objects and purposes for which the State Board is constituted;

(b) all benefactions accepted or received by the dissolved Boards shall be deemed to have been accepted or received by the State Board under this Act and all conditions on which such benefactions were accepted or received shall be deemed to be valid under this Act, notwithstanding that such conditions are inconsistent with the provisions of this Act;

(c) any will; deed or other document made before the appointed day which contains any bequest, gift, terms or trust in favour of a dissolved Board shall, on and from the appointed day, be construed as if the State Board is named therein instead of the dissolved Board;

(d) all institutions recognised and admitted to the privileges of any dissolved Board immediately before the appointed day shall be deemed to be recognised and admitted to the privileges of the corresponding Divisional Board established under this Act, save in so far as such recognition or privilege may be withdrawn, restricted or modified by or under the provisions of this Act;

(e) all debts, liabilities and obligations incurred before the appointed day and lawfully subsisting against any dissolved Board shall be discharged and satisfied by the State Board;

(f) all references in any enactment or other instruments issued under an enactment to a dissolved Board shall be construed as reference to the State Board or the corresponding Divisional Board, as the case may be;

(g) all officers and servants of the State Government (other than Class I and Class II officers) serving under the Maharashtra Secondary School Certificate Examination Board immediately before the appointed day shall, from the said day, be taken over and employed by the State Board for the purposes of this Act, and they shall, subject to general or special orders made by the State Government regarding their absorption and seniority, continue to hold office on the same conditions of service as changed circumstances may permit, until such conditions are duly altered by a competent authority under this Act:

(h) the officers and servants duly appointed by and serving under the Vidarbha Board of Secondary Education immediately before the appointed day shall be deemed to be officers and servants appointed by the State Board on the appointed day for the purposes of this Act, and they shall, subject to the general or special orders made by the State Government regarding absorption and seniority, continue to hold office on the same conditions of service as changed circumstances may permit, until such conditions are duly altered by a competent authority under this Act:

[First Schedule]

[See clause (e) of section 2 and section 3A]

[Second Schedule]

(See section 41)