No: 17 Dated: Apr, 18 1984

THE ASSAM HIGHER SECONDARY EDUCATION ACT, 1984

ASSAM ACT NO. XVII .OF 1984

    An Act to provide for the establishment of a Council to regulate, supervise and develop Higher Secondary Education (plus two stage) in the State of Assam.

    Preamble. - Whereas it is expedient to establish a Council to regulate, supervise and develop the system of Higher Secondary Education (plus two stage) in the State of Assam ;

    It is hereby enacted in the Thirty-fifth Year of the Republic of India as follows :

1. Short title, extent and commencement. - (1) This Act may be called the Assam Higher Secondary Education Act, 1984.

(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.

(4) From the date on which this Act comes into force, the Gauhati University or the Dibrugarh University or any other University or any Board of Education shall cease to exercise its jurisdiction over the institutions imparting Higher Secondary Education of P.U. (Pre-University), P.D. (Pre-Degree) courses running in the Colleges under the Gauhati University and the Dibrugarh University respectively recognised by the Government of Assam :

Provided that the Gauhati University or the Dibrugarh University or the Board of Secondary Education shall continue to have the same jurisdiction as is now exercised by it over the Colleges/Higher Secondary Schools till such time as the State Government may, by notification in the official Gazette, appoint.

2. Admission of institutions in other States and Administrations to the privileges of the Council. - Notwithstanding anything contained in Section 1, any Government of a State or Territory or Administration other than the Government of Assam may apply to the Council for being admitted to the privileges of the Council and the Council may subject to such conditions as it may think fit to impose, admit such State or Territory or Administration to the privileges of the Council.

3. Definitions. - In this Act, unless there is anything repugnant to the subject or context-

(a) "Council" means the Council for Higher Secondary Education established under this Act;

(b) "Chairman" means the Chairman of the Council;

(c) "Controller of Examination" means the Officer conducting the Examinations of the Council ;

(d) "Education Department" means the Department of Education of the Government of Assam ;

(e) "Fund" means the Council for Higher Secondary Education Fund constituted under this Act;

(f) "Principal" means the head of the teaching staff of a Higher Secondary School or College by whatever name he or she is designated ;

(g) "Higher Secondary School" means a School or Department of a School giving instructions in Higher Secondary Education (plus two stage) and preparing students for Higher Secondary School Leaving Certificate Examination ;

(h) "Junior College" means a College or Department of a College giving instructions in plus two stage and preparing students for Higher Secondary School Leaving Certificate Examination ;

(i) "Managing Committee" means a Managing Committee of a Higher Secondary School ;

(j) "Governing Body" means a Governing Body of a College ;

(k) "Recognised" means recognised by the Council for the purpose of admission to the privileges of the Council or prior to recognition by the Council by any University established by law in India or by any Board recognised by the State Government;

(l) "Regulation" means a regulation made by the State Government under this Act;

(m) "Rule" means a rule made by the State Government under this Act;

(n) "Higher Secondary Education" means such education as is designed to meet the needs of the plus two stage which follows immediately the stage of Secondary Education and precedes immediately the stage of Degree or Diploma Education Controlled by the University established by law in India or by a Council constituted by Government for this purpose ;

(o) "Secretary" means the Secretary of the Council;

(p) "Notification" means a notification published in the official Gazette ;

(q) "Government" means the State Government of Assam ;

(r) "State" means the State of Assam.

4. Establishment of the Council and its status. - (1) The Government shall, as soon as may be after the commencement of this Act, establish by notification, a Council for regulation, supervision and development of Higher Secondary Education in accordance with the provisions of this Act.

(2) The Council shall be a body corporate having perpetual succession and a common seal and shall have power to acquire and hold property, both movable and immovable, and to transfer any property held by it, necessary for the purpose of carrying out its duties and functions, and shall by the said name sue or be sued.