No: 25 Dated: Dec, 05 1961

THE ASSAM SECONDARY EDU9ATION ACT, 1961

ASSAM ACT No.XXV OF 1961

    An Act to provide for the establishment of a Board of Secondary Education to regulate, supervise and develop Secondary Education in the State of Assam.

    Preamble. - Whereas it is expedient to establish a Board of Secondary Education to regulate, supervise and develop the system of Secondary Education in the State of Assam ;

    It is hereby enacted to the Twelfth Year of the Republic of India as follows :

1. Short title, extent and commencement. - (1) This Act may be called the Assam Secondary Education Act, 1961.

(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 any other University or any Board of Education shall cease to exercise its jurisdiction over the institutions of Secondary Education recognised by the Government of Assam :

Provided that the Gauhati University shall continue to have the same jurisdiction as now exercised by it over the High Schools till such time as the State Government, by notification in the official Gazette, may appoint.

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

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

(a) "Board" means the Board of Secondary Education established under this Act ;

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

(c) "Controller of Examinations" means the officer conducting the examinations of the Board ;

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

(e) "Fund" means the Secondary Education Board Fund constituted under this Act ;

(f) "Headmaster of Headmistress" means the head of the teaching staff of a High School or Higher Secondary School by whatever name he or she be designated ;

(g) "High School" means a school or department of a school giving instruction in Secondary Education and preparing students for Matriculation or High School Leaving Certificate Examination ;

(h) "Higher Secondary School" means a school or department of a school giving instruction in Secondary Education and preparing students for Higher Secondary School Leaving Certificate Examination ;

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

(j) "Primary Education" means education imparted in a Primary or Junior Basic School or its equivalent;

(k) "Recognised" means recognised by the Board for the purpose of admission to the privileges of the Board or prior to recognition by the Board, 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 Board under the Act;

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

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

(o) "Secretary" means Secretary of the Board ; and

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

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

(2) The Board shall, by the name of the Board of Secondary Education, be a body corporate with perpetual succession and a common seal, shall have power to acquire and hold property, both movable and immovable, to transfer any property held by it, to enter into any contract and to do all other things necessary for the purposes of carrying out its duties and functions, and shall by the said name sue or be sued.