The Jammu and Kashmir Board of School Education Act, 1975

BOARD OF SCHOOL EDUCATION
ACT, 1975

(Act No. XXVIII of 1975)



THE JAMMU AND KASHMIR BOARD OF SCHOOL EDUCATION
ACT, 1975

Act No. XXVIII of 1975

CONTENTS

Preamble

Section

CHAPTER I

1. Short title, extent and
commencement.

2. Interpretation.

CHAPTER II

CONSTITUTION OF BOARD

3. Incorporation of the Board.

4. Composition of the Board.

5. Term of office of members.

6. Filling of vacancies on expiry of
term of office.

7. Vacancy of member owing to
absence without permission.

8. Publication of names.

9. Headquarters of the Board and its
two Divisions.

10. Powers and functions of the Board.

11. Officers of the Board.

12. Chairman.

13. Powers and duties of the  Chairman.

14. Secretary.

Section

15. Powers and functions of the
Secretary.

16. Joint Secretary.

17. Powers and functions of the  Joint
Secretaries.

18. Terms and conditions of service of
employees.

CHAPTER III

FUNDS ACCOUNTS AND
CONTRACTS

19. Constitution of Board Fund.

20. Custody and investment of Board
Fund.

21. Application of Board Fund.

22. Audit of the Accounts of the Board.

23. Contracts.

CHAPTER IV

COMMITTEE OF THE  BOARD

24. Appointment and constitution of
Committees.

25. Powers and functions of the
Committees.



Section

26. Other Committees.

CHAPTER V

PROCEDURE OF THE BOARD
AND OF ITS COMMITTEES

27. Casual vacancies.

28. Proceedings not invalidated by
reason of vacancies and
irregularities.

29. Quorum.

30. Members interested not to take
part in discussion.

31. Powers of the Government.

32. Powers of the Government for
removal of difficulty.

CHAPTER VI

MISCELLANEOUS

33. Powers of the Board to make
regulations.

34. First regulations of the Board.

Section

35. Copies of regulations and
alterations thereof.

36. Provisions regarding institutions
imparting secondary and higher
secondary education recognised
by the Board of Secondary
Education.

37. Facilities to be afforded to
students studying and eligible
for examinations of the Board of
Secondary Education, University
of Jammu or University of Kashmir
in Secondary or Higher secondary
Education.

38. Continuance of service of the
existing employees.

39. Alteration in the designation of a
Government Officer.

40. Meeting of the Board.

41. Transitional arrangements.

42. Assets and liabilities.

43. Legal proceedings.

44. Repeal and savings.

–––––––

558 BOARD OF SCHOOL EDUCATION ACT, 1975.



JAMMU AND KASHMIR BOARD OF SCHOOL EDUCATION
ACT, 1975

Act No. XXVIII of 1975

[Received the assent of the Governor on 27th August, 1975 and
published in the government Gazette dated 28th August, 1975.]

An Act to reform and re-organize School Education in the State and
consolidate and amend the law relating thereto.

Whereas, with a view to securing that education should,––

(a) relate intimately to the development of the potentialities of
youth, to the National needs and to the aspirations of the
people ; and

(b) discover talent and nurture it ; and

(c) promote equality of opportunity by providing necessary
facilities ; and

(d) help generally to raise the standard of living and productivity of
the State and achieve closer and willing participation of the people
in democratic processes. It is expedient that––

(1) facilities are provided for ensuring universalisation of Elementary
Education by arranging for a two point entry system in the new
educational system ; and

(2) the existing institutional structure at the higher secondary stage
be so co-ordinated as to provide for twelve years schooling,
ten years of schooling in secondary education followed by two
years in higher secondary education so as to achieve a uniform
pattern of Secondary and Higher Secondary Education for
laying the foundation of a society which is academically alert,
scientific in outlook and forward looking ; and

Whereas for securing the above objectives, it is necessary to reform,
reorganise and reconstruct the existing system of school education, and for
that purpose, to consolidate and amend the law relating thereto ; and



560 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

Whereas it is expedient to establish a Board to regulate, control and
develop Education in the State of Jammu and Kashmir up to the Higher
Secondary level by providing varied course with a view to equipping pupils
for different occupations for education in the Universities and other cultural
purposes and to examine the candidates and to award certificates to successful
candidates and doing all other things incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the
Twenty-sixth Year of the Republic of India as follows :––

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.––(1) this Act may be called
the Jammu and Kashmir Board of School Education Act, 1975.

(2) It extends to the whole of the State of Jammu and Kashmir.

(3) This section shall come into force at once and the other provisions
of this Act shall come into force on such 1date as the Government may by
notification in the Government Gazette appoint.

2. Interpretation.––In this Act unless there is anything repugnant in
the subject or context,––

(a) ‘Board’ means the Jammu and Kashmir State Board of  School
Education established under section 3 ;

(b) “Chairman” means the Chairman of the Board ;

(c) “Elementary Education” means the education imparted in a
primary school in such subjects and up to such standards as
the Government may determine from time to time ;

(d) “Examination” means any examination in general, technical,
vocational  education or in fine art courses or other examinations
within the purview of and conducted by the Board ;

(e) “Higher Secondary Education” means such general,
technical, vocational or special education (including any combined
course thereof) which follows the stage of Secondary
Education and is imparted in classes XI and XII and precedes the

1. Enforced with effect from 1-10-1975 vide SRO-474 dated 30-9-1975.



BOARD  OF  SCHOOL  EDUCATION  ACT, 1975 561

education controlled by a University or any other examining body
established by law in the State or outside ;

(f) “Institution/School” means an institution/school imparting
primary, secondary and/or higher secondary (school graduation)
education and includes the part of an institution imparting
instructions in the said course ;

(g) “prescribed” means prescribed by regulations ;

(h) “Recognised” along with its grammatical variations and cognate
expressions, used with reference to institutions means recognised
by the board for purpose of admission to the privileges of the
Board ;

(i) “Regulations” means regulations made by the Board under this
Act ;

(j) “Secretary” means the Secretary of the Board ;

(k) “Secondary Education” means such general, technical,
vocational or special education (including any combined course
thereof) which follows the stage of elementary education and is
imparted in classes IX and X and precedes the higher secondary
education ;

(l) “Text Book” in relation to any standard or course means any book
prescribed/approved by the Board or caused to be prepared/
approved by the Board ;

(m) “Training Institution” means a training institution run, aided and
recognised by the Government.

CHAPTER II

CONSTITUTION OF BOARD

3. Incorporation of the Board.––(1) The Government shall, by
notification in the Government Gazette, establish a Board of School Education
for the State to advise the Government on matters of policy relating to
Elementary Education, Secondary Education and Higher  Secondary Education
and in respect of matters specified by or under this Act.

(2) The Board shall be a body corporate by the name of the
“Jammu and Kashmir State Board of School Education” and shall
have perpetual succession and a common seal and shall have power to



562 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

acquire, hold and dispose of property and to enter into contracts and do all
other things necessary for the purpose of its constitution and may sue or
be sued by its corporate name as aforesaid.

 4. Composition of the Board.––The Board shall consist of the
following members, namely :––

1. Chairman ;

2. Commissioner Education ;

3. Secretary Education ;

4. Director School Education (Boys) ;

5. Director School Education (Girls) ;

6-7. A representative each of the two  Universities of  Kashmir and
Jammu respectively, to be nominated by the concerned
University council.

8-11. 4 school teachers to be nominated by Government, of whom 2
shall be lady teacher concerned with Girls Education and 2 male
teachers concerned with Boys Education ;

12. An eminent educationist unconnected with the administration to
be nominated by Government ;

13. A representative of one of the Teacher’s Training Institutions  in
the State, to be nominated by the Government ; and

14-15. 2 person to be nominated by Government one lady and one male
officer from among Principals, Headmasters and Headmistresses of
teaching institutions in the State.

5. Term of office of members.––(1) Members of the Board, shall hold
office for a period of three years from the date of the notification published
in the government Gazette under section 8 :

Provided that even after the said period of three years such members
shall continue to hold office till their successors have been notified under
section 8.

(2) A member nominated under any of the provisions of section 4 shall
retain membership of the Board only so long as he holds the office by virtue
of which he was nominated.



BOARD  OF  SCHOOL  EDUCATION  ACT, 1975 563

6. Filling of vacancies on expiry of term of office.––When the term
of office of any member has expired, vacancy so caused shall be filled
without delay.

7. Vacancy of member owing to absence without permission.––If a
member of the Board or any committee thereof during the term for which he
has been nominated, absents himself without the permission of the Board or
the committee, as the case may be, from three consecutive meetings thereof,
his office shall thereupon be declared by the Chairman to be vacant.

8. Publication of names.––The names of persons who have been
nominated to be members of the Board under section 4 shall be published
by the secretary by a notification in the Government Gazette.

9. Headquarters of the Board and its two Divisions.––The headquarters
of the Board shall be at Srinagar and Jammu for such periods as the Chairman
may from time to time determine :

Provided that the two divisions of the Board shall be stationed
permanently at Srinagar and Jammu.

10. Powers and functions of the Board.––Subject to the provisions of
this Act and also subject to the broad educational policies and such directions
and instructions as the Government may adopt and issue, from time to time,
the Board shall have the following powers and functions :––

(i) to prescribe the courses of institution, prepare curricula and
detailed syllabi and also prescribe text books for the elementary,
secondary school and higher secondary (school graduation),
school examinations ;

(ii) to conduct public examinations for persons who have pursued the
secondary school and higher secondary (school graduation) school
education courses ;

(iii) to publish the results of examinations conducted by the Board ;

(iv) to grant diplomas or certificates to persons who have passed the
examinations of the Board under conditions laid down in the
regulations ;

(v) to recognise institutions for the purpose of providing
instructions in the Secondary and Higher Secondary



564 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

Courses on such conditions and on receipt of such fees as may
be fixed by the regulations ;

(vi) to require schools recognised by the board, to extend their co-
operation in the conduct of examinations held by it, by placing
their staff, equipment, halls and rooms, laboratories and other
apparatus at the disposal of the board ;

(vii) to conduct inspection of the recognised schools/Institutions to
ensure––

(a) that the recognised schools have the requisite facilities of
playgrounds, furniture, laboratories, library, equipment,
accommodation and qualified teaching staff as prescribed by
the regulations.

(b) that no recognised school/institution adopts books as courses
of study other than those prescribed/approved by the
board ;

(c) that the recognised schools/institutions maintain the standard
of education and impart instructions strictly in accordance
with the regulations made under this Act ;

(viii) to disaffiliate recognised schools which do not fulfil the conditions
laid down in clause (vi) and sub-clauses (a), (b), and (c) of clause
(vii) of this section ;

(ix) to admit candidates to the examination of the Board under the
conditions laid down by the Regulations ;

(x) to demand and receive such fees as may be prescribed by the
regulations ;

(xi) to hold, control and administer the funds and property by the
Board ;

(xii) to receive bequests, donations, endowments, trusts and other
transfers of any property or interest therein ;

(xiii) to co-operate with the University of Jammu, University of
Kashmir, other Boards and with other authorities and with other
institutions in such manner and for such purposes as the Board
may determine ;

(xiv) to place before the Government the views of the board on any
matter with which it is concerned ;



BOARD  OF  SCHOOL  EDUCATION  ACT, 1975 565

(xv) to call for reports from a Director of School Education on the
conditions prevailing in the recognised institutions or in institutions
applying for recognition.

(xvi) to adopt measures to promote the physical, moral, cultural and
social welfare of the students in recognised institutions ;

(xvii) to take such measures as the Board may think necessary to raise
the standard of the education in the State and advise the
Government on matters of policy relating to elementary,
secondary and higher secondary education ;

(xviii) to frame regulations for carrying out its purposes ;

(xix) to institute and award medals and prizes and scholarships under
conditions that may be prescribed ;

(xx) to approve the annual financial estimates of the board after having
been endorsed by the Finance Committee ;

(xxi) to appoint committees consisting of such members of the Board
and such other persons, if any, as the Board in each case may
deem fit for carrying out specified purposes and to delegate to
these committees, such powers as it may consider necessary ;

(xxii) to issue instructions by correspondence ;

(xxiii) to exercise full academic control over the recognised
institutions ;

(xxiv) to obtain loans in furtherance of the objects of the Board ;

(xxv) to delegate such of its powers to any officer or committee of the
Board as it may deem fit, provided that such delegation is made
by a majority of not less than two-thirds of the members of the
Board ;

(xxvi) to appoint, save as otherwise provided in this Act, the Joint
Secretaries and such other officers as may be declared by the
Regulations to be the officers of the Board ;

(xxvii) to undertake editing, printing and publication of text books for
various courses, as the Board may deem proper ;

(xxviii) to adopt measures for co-ordinating National and State policies
in secondary and higher secondary, technical and vocational



566 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

education and for co-ordinating higher secondary education
with the elementary and University education ;

(xxix) to constitute various divisions, units and committees for the
furtherance of its objectives ; and

(xxx) to do all such other acts and things as may be necessary for
furtherance of the objectives of the board as a corporate body
constituted for regulating and supervising elementary, secondary
and higher secondary education in the State.

11. Officers of the Board.––Subject to the other provisions of this Act,
the following shall be the officers of the Board, namely :––

(1) the Chairman ;

(2) the Secretary to the Board ;

(3) the Joint Secretaries to the Board ;

(4) such other officers as may be declared by regulations to be the
officers of the Board.

12. Chairman.––(1) The Chairman shall be whole-time paid officer of
the Board and he will be appointed by the Government for such term as the
Government may determine :

Provided that the person acting a Chairman of the Board immediately
before the commencement of this Act, shall continue to act as such till the
appointment of a Chairman under this section is made by the Government.

(2) The Chairman shall receive such salary not exceeding Rs. 2,500
P. M. and such other facilities as the Government may determine.

13. Powers and duties of the Chairman.––(1) The Chairman shall be
the Head of the Board and shall ensure that this Act and the regulations are
faithfully observed and shall have all powers necessary for the purpose.

(2) The Chairman may at any time, and shall at prescribed intervals or
on receipt of a requisition signed by not less than 1/3rd of the total number
of the members of the Board and stating the business to be brought before
the Board call a meeting of the Board in the prescribed manner.



BOARD  OF  SCHOOL  EDUCATION  ACT, 1975 567

(3) The Chairman shall have the power to seek a review of previous
decision or decisions of the Board, as he deems necessary.

(4) If, in the opinion of the Chairman, any emergency has arisen which
requires that immediate action should be taken, he shall take such action as
he deems necessary and shall thereafter report the action taken to the Board
at its next meeting.

(5) Subject to such rules and procedure as may be prescribed by the
Government the Chairman shall have the power to appoint the ministerial,
technical and inferior staff of the Board.

(6) The Chairman shall preside at every meeting of the Board at which
he is present.

(7) The Chairman may, subject to the approval of the Board, delegate
any of his powers prescribed under the provisions of this Act or regulations
made thereunder to the Secretary of the Board.

14. Secretary.––The Secretary of the Board shall be a whole-time
paid officer and shall be appointed by the Government with the concurrence
of the Board on such terms and conditions, as the Government may
determine :

Provided that the person acting as the Secretary of the Board immediately
before the commencement of this Act shall continue to act as such till a
Secretary under this section is appointed by the Government.

15. Powers and functions of the Secretary.––(1) The Secretary shall,
subject to the control of the Board, be the Chief Executive Officer of the Board.

(2) The Secretary shall, subject to the regulations prescribed in this
behalf, control the ministerial, technical and inferior staff of the Board and
shall maintain discipline in all the Units of the Board and take action whenever
needed for the purpose.

(3) the Secretary shall be responsible for the preparation and presentation
of the annual estimates and statements of accounts.

(4) The Secretary shall be the custodian of the records, the common
seal and such other property of the Board as the Board or Chairman may
commit to his charge.



568 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

(5) The secretary or any other officer/officers authorised by him shall
under the authority of the Chairman, conduct the official correspondence of
the Board.

(6) Subject to the control of the Examination Committee, the
Secretary shall be responsible for making arrangements for holding the
examination of the Board and shall in order to ensure the smooth and efficient
conduct of the examinations take such action as he deems necessary
for the purpose.

(7) Subject to the control of Examination Committee, the Secretary shall
be responsible for making arrangements connected with setting and printing
of question papers for all examinations held by the Board including their safe
custody and all other matters connected therewith.

(8) The secretary shall, on behalf of the Board, issue diplomas and
certificates in the prescribed form to the successful candidates who have
passed the examination of the Board.

(9) All meetings of the Board shall be convened through the Secretary
in the manner provided in the regulations.

(10) The Secretary shall be responsible for seeing that all moneys of
the Board are expended for the purpose for which they are granted
or allotted.

(11) Unless otherwise ordered by the Board, the Secretary shall also
act as the Secretary of the committees constituted under this Act or
regulations made thereunder and shall be responsible for keeping the minutes
of their meetings :

Provided that he may authorise any officer of the Board to keep the
minutes of the various committees.

(12) Unless otherwise ordered by the Chairman the Secretary  shall
participate in all the meetings of the Board but shall have no right to vote.

(13) The Secretary may, with the previous approval of the Chairman,
delegate any of his powers, prescribed under the provisions of this Act or
regulations made thereunder, to any officer of the Board.

(14) The Secretary shall exercise such other powers as may be
prescribed by rules or regulations or as may be delegated to him by
the Chairman.



BOARD  OF  SCHOOL  EDUCATION  ACT, 1975 569

(16) Joint Secretary.––The board shall appoint one or more Joint
Secretaries on such terms and conditions and for such period as the Board
may deem fit.

17. Powers and functions of Joint secretaries.––The Joint Secretary
shall, in absence of the Secretary, act as the Secretary of the Board and various
other committees and shall perform such other duties and exercise such other
powers of the Secretary as may be assigned to him by the Chairman of the
Board :

Provided that when there are more than one Joint Secretaries the senior-
most shall act as the Secretary.

18. Terms and conditions of service of employees.––The Board may
make regulations providing for the minimum qualifications for recruitment and
the conditions of service of the employees of the Board ; provided that the
conditions of service applicable to an employee of the Board of Secondary
Education before the commencement of this Act shall not be varied to his
disadvantage.

CHAPTER III

FUNDS, ACCOUNTS AND CONTRACTS

19. Constitution of Board Fund.––A Board Fund shall be constituted
and all sums received by or on behalf of the Board under this Act or otherwise
shall be placed to the credit thereof.

20. Custody and investment of Board Fund.––(1) All moneys at the
credit of the Board Fund except permanent advance required to meet petty
expenditure shall be kept in the current or Savings Bank Account with a
Scheduled Bank :

Provided that nothing in this section shall be deemed to preclude the
Board from investing any moneys belonging to the Board including any
unapplied income in any of the approved securities or to place on fixed deposit
in any Scheduled Bank, any portion of such moneys not required immediately
for expenditure.

Explanation.––In this sub-section, the expression ‘Scheduled Bank’
means a Bank included in the Second Schedule to the Reserve Bank of India
Act, 1934.

(2) Subject to the direction of the Chairman, the accounts of the
Board with a Bank shall be operated upon by the Secretary of the Board



570 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

or by such other officer as may be authorised by the Chairman for
the purpose.

21. Application of Board Fund.––Subject to the provisions of this Act,
the Board Fund shall be applied as follows :––

(i) For payment of charge and expenses incidental to several matters
specified in this Act in accordance with the regulations made in
this behalf.

(ii) For other purposes for which by or under this Act powers are
conferred and duties imposed upon by the Board in accordance
with the regulations.

22. Audit of the Accounts of the Board.––The accounts of the Board
shall be audited annually by such agency as may be specified by the
Government and a copy of audited accounts and balance sheet shall be
submitted by the Board to the Government at the end of every year.

23. Contracts.––All contracts and assurances of property of the Board
shall be in writing for and on behalf of the Board and shall be signed by
the Secretary or a person authorised by the Board or in such other manner
as may be prescribed and shall if so signed, be binding on the Board.

CHAPTER IV

COMMITTEES OF THE BOARD

24. Appointment and constitution of Committees.––(1) The Board shall
appoint the following Committees, namely :––

(a) a  Recognition Committee ;

(b) a  Finance Committee ;

(c) a  Committee for Examinations ;

(d) a  Committee for Development and Research ;

(e) an Academic Committee to consider general questions relating to
preparations of curricula, syllabi and prescription of books for
various courses from Class I to XII; and

(f) such other Committees, if any, as may be prescribed.



BOARD  OF  SCHOOL  EDUCATION  ACT, 1975 571

(2) The Board shall constitute the Committees in such manner and for
such period as it may prescribe by regulations.

(3) The term of office of the members of the Committees shall be such
as may be prescribed by regulations.

(4) Unless otherwise provided in the regulations, no person shall be
a member of more than two of the following Committees :––

(a) the Committee for Examination ;

(b) the Finance Committee ;

(c) the Recognition Committee ;

(d) the Academic Committee ; and

(e) the Development and Research Committee.

25. Powers and functions of the Committees.––(a) Recognition
Committee.—The Recognition Committee shall scrutinize applications received
from schools desiring to be recognised for purposes of an examination or
examinations conducted by the Board, call for any  information necessary for
purposes of recognition, appoint panels of Inspectors inclusive of the officers
of the Board, to conduct the inspection of various schools and perform such
other duties as may be prescribed or delegated to it by the Board. It may
appoint sub-committees for the purpose, whenever necessary.

(b) Finance Committee––

(i) the Finance Committee shall act as an advisory body in all
matters concerning the finances of the Board ;

(ii) the Finance Committee shall prepare the Annual Budget of
Income and Expenditure and submit it to the Board for its
approval ;

(iii) no new item of expenditure shall be incurred by the Board or
its administrative or executive head without the prior concurrence
of the Finance Committee ;

(iv) the Finance Committee shall perform such other functions as
may be prescribed or delegated to it by the Board.



572 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

(c) A Committee for Examinations.––

The Committee for Examinations shall, subject to the control of the
Board.––

(i) make arrangement for the conduct of the examinations in conformity
with the regulations ;

(ii) constitute a sub-committee for appointment of paper setters and
examiners after considering the recommendations of the Committee
of Courses ;

(iii) propose the opening and closing of examination centres ;

(iv) appoint tabulators and collectors for the examinations conducted
by the Board.

(v) consider and decide the cases relating to misconduct and use of
unfair means in the examination conducted by the Board ;

(vi) authorise Secretary or any other officer to scrutinize
applications from private candidates for permission to appear in
the examinations of Board ;

(vii) appoint Superintendents, Deputy Superintendents, Assistant
Superintendents and Invigilators for the conduct of the various
examinations of the Board ;

(viii) appoint vigilance squads and inspectors for the various examinations
of the Board ;

(ix) consider all other matters arising out of the conduct of examinations
and make recommendations, where necessary, to the Board ;

(x) authorise declaration and publication of results of the examinations
conducted by the Board ;

(xi) quash the result of a candidate after it has been declared if he
is disqualified for having used unfair means in the examination ;

(xii) amend or quash the result of a candidate after it has been
assessed and published, when found to have been effected by
error, mal-practice, fraud, misrepresentation or any other
misconduct ; and



BOARD  OF  SCHOOL  EDUCATION  ACT, 1975 573

(xiii) constitute such other sub-committee and delegate such powers to
it as it may consider necessary.

(d) Development and Research Committee.—

The Committee shall deal with all matters relating to development and
research of new techniques and procedures especially those relating to
examination reforms. It shall also organise orientation courses or training
programmes for paper setters, moderators and examiners.

(e) An Academic Committee.––

The Academic Committee shall––

(i) consider all academic questions relating to examinations conducted
by the Board, including the conditions to be fulfilled and the
tests to be passed by the candidates and report thereon to the
Board ;

(ii) recommended to the board syllabi and courses of study for the
examinations held by the Board except such text books as may
be got edited by the Board itself, after considering the
recommendations of the committee of courses ;

(iii) constitute sub-committees for preparation of syllabi in various
courses ;

(iv) advise the Board on general matters relating to technical and
vocational education ;

(v) make arrangements for editing, printing and publication of such
books as may be decided by the Board ;

(vi) make suggestions and recommendations to the Board for the
dissemination and promotion of women’s education in the
State ;

(vii) constitute such other sub-committee and delegate such powers to
it as it may consider necessary.

26. Other Committees.––The other Committees shall exercise such
powers and discharge such duties as may be prescribed by regulations.



574 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

CHAPTER V

PROCEDURE OF THE BOARD AND OF ITS COMMITTEES

27. Casual vacancies.––All casual vacancies among the members of
the Board, or of a Committee appointed by the Board shall be filled as soon
as convenient, by the Government or body or person who nominated the
member whose place has become vacant and the person nominated or
appointed to a casual vacancy shall be a member of the Board or the
Committee, as the case may be, for the residue of the term for which the person
whose place he fills would have been a member.

28. Proceedings not invalidated by reason of vacancies and
irregularities.––No act or proceedings of the Board or of a committee
appointed by it shall be invalidated merely by reason of a vacancy or
vacancies among its members, or by reason of a defect in its constitution
or an  irregularity in procedure not affecting the merits of the case.

29. Quorum.––The quorum to constitute a meeting of the Board or any
committee shall be, one-third of the total number of members of the Board
or the Committee.

30. Members interested not to take part in discussion.––No member
shall take part in the discussion of, or exercise his vote on any matter in which
he has any personal interest.

31. Powers of the Government.––(1) The Government shall have the
right to cause an inquiry to be made by such person or persons as it may
direct in respect of any matter connected with the affairs or functioning of
the Board.

(2) The Government shall communicate to the Board its views with
reference to the results of the inspection or inquiry and may, after ascertaining
the views of the Board thereon, advise it on the action to be taken and fix
a time limit for taking such action.

(3) The Board shall report to the Government such action, if any, as
it proposes to take or has taken upon the communication received under sub-
section (2).

(4) If the Board does not, within a reasonable time, take action to
the satisfaction of the Government with reference to the matter on which
a communication has been received under sub-section (2), the



BOARD  OF  SCHOOL  EDUCATION  ACT, 1975 575

Government, may, after considering any report which the Board may furnish,
issue such directions consistent with the provisions of this Act, as it may
think fit and the Board shall comply with such directions.

32. Powers of the Government for removal of difficulty.––If any
difficulty arises as to the first constitution of the Board and of any of its
committees after the commencement of this Act, or otherwise in giving effect
to the provisions of this Act the Government, as  occasion may require, may
by order do anything which appears to them necessary for the purpose of
removing the difficulty.

CHAPTER VI

MISCELLANEOUS

33. Powers of the Board to make regulations.––(1) The Board may
make regulations for the purposes of carrying into effect the provisions of
this Act.

(2) In particular and without prejudice to the generality of the foregoing
powers, the Board may make regulations providing for the following
matters, namely :––

(a) the procedure of conduct of business of the Board and its
committees ;

(b) the constitution, powers and duties of the committees set up
by the Board ;

(c) the conferment of the diplomas and certificates ;

(d) the conditions for admission of institutions to the privileges of
recognition and withdrawal of recognition ;

(e) the courses of study to be laid down for all certificates
including such courses of study as may be printed, edited and
published by the Board ;

(f) the conditions under which the candidates shall be admitted
to the examinations of the Board and shall be eligible for
diplomas and certificates ;

(g) the fees for admission to the examinations of the Board ;

(h) the remuneration for paper setters, examiners, supervisory
staff etc. engaged for the conduct of the examinations of the
Board ;



576 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

(i) the appointment of examiners and their powers and duties ;

(j) the conduct of examinations ;

(k) the appointment of officers, ministerial staff and other staff of
the Board and the conditions of their service ;

(l) the constitution of a Provident Fund for the benefit of officers,
officials and other staff employed by the Board ;

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

(n) the institution of scholarships, medals and prizes ;

(o) the allowances of the members of the Board and all its
committees ;

(p) the conditions of the pension of permanent employees of the
Board ;

(q) the curricula and courses of study to be laid down and books
prescribed for the elementary, secondary and higher secondary
education ;

(r) procedure for effecting corrections in date of birth, name and
parentage of a candidate having passed, an examination of the
Board in the records of the Board ;

(s) all matters which by this Act are to be or may be prescribed
or provided for by regulations.

34. First Regulation of the Board .––The first regulation shall be made
by the Government after previous publication and they shall be deemed to
have been made by the Board and shall continue to be in force until altered
by the Board :

Provided that till such time as the Government publishes the first
regulations, the regulations and procedures prescribed and adopted by the
board of the Secondary Education constituted under the Jammu and Kashmir
Secondary Education Act, 1965, shall be acted upon for organising, regulating
and supervising the Secondary School and Higher Secondary School Education
in the Jammu and Kashmir State, unless otherwise those are repugnant to
the provisions of this act.

35. Copies of regulations and alterations thereof.––A copy of every
regulation made by the board under section 33 and of every modification or



BOARD  OF  SCHOOL  EDUCATION  ACT, 1975 577

revision thereof or of each of the first regulations of the Board made or deemed
to have been made under section 34 shall be submitted to the Government
for information.

36. Provisions regarding institutions imparting secondary and higher
secondary education recognised by the Board of Secondary Education.—
Notwithstanding anything contained in this Act, all educational institutions
admitted to the privileges of the Board of Secondary Education in respect
of High School and Higher Secondary School Education shall after the
commencement of this Act, be deemed to be admitted to the privileges of
the board under this Act.

37. Facilities to be afforded to students studying and eligible for
examinations of the Board of Secondary Education, University of Jammu or
University of Kashmir in Secondary or Higher Secondary Education.—
Notwithstanding anything contained in this Act or the regulations made
thereunder, the Board shall provide (for such period as may be prescribed)
for the instructions of the students of institutions admitted to the privileges
of the University of Jammu or University of Kashmir or the Jammu and Kashmir
Board of Secondary Education, who before the commencement of this Act
were eligible for P. U. C. or B. A., B. Sc., B. Com. Part I of the said Universities
or Matriculation or Higher Secondary Education in Secondary Core or Elective
of the said Board of Secondary Education in Secondary or Higher Secondary
Education, as the case may be, and for the examination of such students and
other students in accordance with the prospectus of studies of the said
University and the Board of Secondary Education.

38. Continuance of service of the existing employees.––Notwithstanding
anything contained in this Act or any regulation made thereunder or in any
other law for the time being in force, all employees of the Board of Secondary
Education, constituted under the Jammu and Kashmir Secondary Education
Act, 1965, who immediately before the commencement of this Act, were holding
or discharging the duties of any post or office in connection with the affairs
of the said Board shall continue in service on the same terms and conditions
as regulated their service before such commencement.

39. Alteration in the designation of a Government officer.––Where
any provision of the Act or the regulation refers to any officer Government
by designation, then, if that designation is altered or the office held by such
officer ceases to exist the reference shall be construed as reference to the
altered designation, or as the case may be, to such corresponding officer as
the Government may direct.



578 BOARD  OF  SCHOOL  EDUCATION  ACT, 1975

40. Meetings of the Board .––The Board shall hold its meetings at least
four times in a year but three months shall not intervene between its last
meeting and the next following meeting.

41. Transitional arrangements.––Till such time as the board and
Committees are constituted under the provisions of this Act, the Chairman
shall have power to perform such duties and exercise such powers as have
been conferred upon the Board and the Committees under the provisions of
this Act.

42. Assets and liabilities.––The assets and liabilities of the Board of
Secondary education existing immediately before the commencement of the
Act shall form the assets and liabilities of the Board constituted under this
Act.

43. Legal proceedings.––Where immediately before the commencement
of this Act, the Board of Secondary Education was a party of any legal
proceedings with respect to any property, rights or liabilities, the Board which
succeeds to acquire that property or those rights or liabilities by virtue of
this act shall be deemed to be substituted for the Board of Secondary
Education as a  party to those proceedings and the proceedings may continue
accordingly.

44. Repeal and savings.––(1) The Jammu and Kashmir Secondary
Education Act, 1965 is hereby repealed.

(2) Notwithstanding such repeal,––

(a) All diplomas, certificates and privileges granted by the Board of
Secondary Education under the Jammu and Kashmir Secondary
Education Act, 1965 shall be as good and valid as if conferred
and granted by the Board under this Act ; and

(b) anything done, any action taken, any appointment made or order
issued under the Act, so repealed shall be deemed to have been
done, taken, made or issued under this Act :

Provided that if any appointment was made under the Act so repealed
subject to any condition, such appointment shall continue subject to that
condition under this Act.

––––––––