Administrator, Council, High School, Intermediate Educations, Madarsa, Regulation, Sanskrit Vidyalaya, Secretary
Amendment appended: 2 of 2007
TO ESTABLISH AN ACADEMIC COUNCIL IN THE
STATE OF JHARKHAND
Whereas it is expedient to establish an Academic Council in the State of
Jharkhand for holding and conducting examinations at the end of Intermediate
education, Secondary education, Sanskrit education and madaras education
stage and for prescribing courses of studies for such examinations and for
recommending for recognition of Intermediate Educational Institution, High
Schools, Sanskrit Schools and Madarsa to the State Government and generally
for craying out such other subjects or duties as may be considered necessary for
purpose hereinafter appearing.
It is hereby enacted in the Fifty Third Year of the Republic of India as
CHAPTER – 1
- Short title, extent and commencement2.
- This act may be called Jharkhand Academic Council Act,
- It shall extend to the whole of the State of Jharkhand.
- It shall come into force at once.
Definitions– In this act unless there is any thing repugnant in the subject or
(a) “Administrator” means the Administrator of the Council, when the Council
is superseded or not constituted.
(b) “Chairman” means the Chairman of the Council.
(c) “Council” means the Jharkhand Academic Council, established under
(d) “Examination Fund” means the Jharkhand Academic Council Fund
established under section-17;
(e) “High School” means a recognised school imparting instructions in
(f) “Intermediate Educations” means education of (+2) standard imparted
according to Intermediate syllabus and it indudes (+2) or the post 10th
standard or the pre degree (three years) standard education of two years
(g) “Madarsa” means an institution where there is arrangement for the study or
Arabic, Persian and Islamic;
(h) “Prescribed” means prescribed by rules made by the State Government
under section-26 and for regulations made by the Council under section27;
(i) “Regulation” means a regulation made by the Council under section-27,
(j) “Rules” means a rule made by the State Government under section-26
(k) “Sanskrit Vidyalaya” means a recognised institution which imparts
instructions in Sanskrit up to the Madhyama standard (of traditional or
(l) “Secretary” means the Secretary to the Council.
CHAPTER – 2
JHARKHAND ACADEMIC COUNCIL
- Establishment and incorporation of Council
(1) There shall be established, by the State Government, a Council known by
the name of the Jharkhand Academic Council, which shall be a body
corporate with perpetual succession and a common seal and shall by that
name sue and be sued. It will be an autonomous body.
(2) The Council shall have power to acquire and hold property, both movable
and immovable and subject to the provisions of this Act and the ru1es
made there under to transfer any property held by it and to contract and to
do all other things necessary for the purpose of this Act.
- Constitution of the Council
(1) The council shall consist of
(a) The Chairman,
(b) The Director, Secondary Education, Jharkhand, ex-officio;
(c) One representative from each of the Universities in Jharkhand
established by law, to be nominated by the State Government;
Provided that if there are more than two such Universities the State
Government shall nominate one representative from each of two
such Universities in such rotation as may be prescribed by rule;
(d) One scholar of Sanskrit, possessing at least fifteen years of teaching,
or administrative experience to be nominated by State
(e) One scholar of Arabic, Persian or Urdu possessing at least fifteen
years of teaching or administrative experience to be nominated by
(f) One Scholar Principal of 10+2 institution to be nominated by the
State Government having at least five years experience, , (2)(a) The State Government shall nominate for such period not exceeding
the term specified in subsection (4) as it may think fit, not more
than three persons to be members of the Council that they, in the
opinion of the State Government, possess expert knowledge of
(b) The State Government shall nominate one Chartered Accountant for
a period of three years.
(3) Subject to the provision of sub-section (2), the term of office of the
Chairman and the members other than the ex-officio member, shall
be for a period of three years at the pleasure of the Government
from the date of the official notification.
(4) A person who holds office as Chairman or Member shall, on the
expiration of his term of office, shall be eligible for reappointment
to that office for next three years, subject to maximum of two
terms of office.
- Vacancies in the Council not to invalidate acts or proceedings
No act or proceedings of the Council or of any committee of the Council
shall be called in question on the ground merely of the existence of any
vacancy in or defect in the constitution of the Council or committee as the
case may be.
- Conduct of Business
The Council shall by regulation, prescribed the procedure to be followed
in regulating the conduct of business at meetings of the Council and of
any committee constituted by the Council under this Act.
- Functions and Power of the Council
(1) The Council shall
(i) conduct following examinations
(a) Intermediate or 10+2 examination
(b) Secondary examination
(c) Madhyama examination (Sanskrit Examination)
(d) Madarsa examination, and
(e) any other examination as assigned by the State Government from
time to time.
(ii) generally formulate ways and means for the purposes of improving
the machinery and system for the assessment of the attainments of
students appearing in the examination as described in the proceeding
(2) In particular and without prejudice to the generality of the foregoing
powers, the Council shall.
(a) in consultation with the committees of courses for different subjects,
prepare lists of persons suitable for appointment as paper setters,
moderators, examiners, tabulators, supervisors and invigilators for
examinations, and make such appointment;
(b) consider, moderate, determine and publish the results of examinations
and award diplomas, certificates, prizes and scholarships in respect
(c) admit candidates to its examinations and may disqualify any candidate
for appearing in such examinations for any reason which the Council
(d) demand and receive such fees as may be prescribed by the Council
from time to time;
(e) fix centres for such examinations;
(f) evolve improved methods of assessment of the attainments of
candidates and carry out experiments in such method time to time.
(g) take such disciplinary action as it thinks fit against students, teachers
and head of the institutions for reasons of misconduct and
(h) arrange regular inspection of educational institutions with a view to
ascertain that the prescribed academic and vocational standards are
being mantained and report to the state Government for taking
(i) recommend to the State Government or to other appropriate
authorities for recognition as well as withdrawal, cancellation or
suspension of recognition or any High School, Intermediate Education
Institution, Madarsa and Sanskrit High School as per rule framed
under this Act.
(j) conduct such other examinations and perform such other duties as
assigned by the State Government.
- Committee of courses
1) There shall be committee of courses constituted by the Council for
each group of subjects or for each subject:
2) The committee shall give its recommendations to the Council for the
approval of the State Government on the following subjects.
a) scheme and courses of study.
b) preparations of text books in accordance with the approved
courses of study.
c) improvement in methods of teaching and suggest latest technique;
d) other functions consistent with the purposes of this act as may
from time to time be entrusted to it.
- Enquiry into the working of Council
(1) The State Government could depute an officer not below the
rank of Special Secretary to the Government to inspect, examine and
report the findings on any of the following metters :
(i) the functioning of the Council,
(ii) the functioning of any wing of the Council,
(iii) the financial matters,
(iv) any departure and, or deviation in carrying out the provisions of
the Act and rules framed therein, and
(v) such other matter as may be referred by the State Government.
(2) The council shall produce any record, correspondence, report, statement,
account or statistics for the purpose of such inspections or examination
as required by authorised inspecting officer so deputed for this purpose.
Provided that such records or documents shall not be asked for such
examination or inspec tions which the Council may think be
detrimental to the confidentiality of the examination.
(3) The State Government, shall, after considering the report and
recommendation, if any, issue such directions to the Council as it may
think fit and the Council shall comply with the directions,
(4) Not withstanding any thing contained in sub-sections (1) & (3) the State
Government, may from time to time issue such general or special
directions to the Council as it think fit and Council shall comply with
- Officers of the Council
The following shall be officers of the Council, namely,
(i) The Chairman
(ii) The Secretary
(iii) such other officers as may be prescribed by the rules and
regulations made, under this act to be officers of the Council.
- Appointment of the Chairman and his removal
(1) The State Government, shall appoint the Chairman, who shall be a
whole time officer of the Council. .
(2) The pay, allowances and other conditions of service of the Chairman
shall be such as may be determined by the State Government.
(3) The State Government may by notification remove the Chairman if he
refuses to act or is unable to oct or if be acts in a manner which the
State Government considers it prejudicial to the interest of the
- Vacancy in the office of Chairman
(1) During the temporary absence of the Chairman by reason of leave,
illness or any other cause or in case of vacancies in the office of
Chairman, any other person appointed by the State Government, shall
carry on the office of the Chairman.
- Powers and duties of Chairman
(1) It shall be the duty of the Chairman to see that this Act and the rules
and regulations made there under are faithfully observed and he shall
have all powers necessary for these purposes.
(2) The Chairman shall have power to convene meetings of the council.
(3) He shall sanction all contracts of works of confidential natures viz.
printing of question paper and, or question cum answer booklets
including delivery to its destination. He shall sign only the
confidential agreement for maintaining secrecy about the details of
confidential printers and make payment thereof.
(4) In any emergency arising out of the administrative business of the
Council, which, in the opinion of the (Chairman, requires
immediate action should be taken, the (Chairman shall take such
immediate action as he deems necessary, and shall thereafter report
the action taken by him to the Council at its next meeting.
(5) The Chairman shall exercise such other powers as may be prescribed
by the rules made under this act.
- Appointment of Secretary and his removal
(1) The State Government shall appoint one of the officers possessing
such qualifications on such terms and conditions and for such period
as may be prescribed in the rules to be the whole time Secretary of
(2) The State Government may remove the Secretary, at any time, if he
refuses to act or is unable to act or acts in a manner which the state
Government considers prejudicial to the interest of the Council.
- Powers and duties of the Secretary
(1) The Secretary shall subject to the control of the Council, be the
Administrative Officer of the Council and shal1 be responsible for
the presentation of the annual estimates and statements of accounts.
(2) Be responsible for seeing that all moneys are spent as provided in the
budget of the Council.
(3) Be responsible for keeping the minutes of the meeting of the Council.
(4) Issue certificate in the prescribed form on behalf of the Council to
successful candidates of having passed examination conducted by the
Council and other forms of certification, wherever necessary.
(5) Exercise such other powers as may be prescribed in rules and
regulation made under this Act.
(6) He shall be entitled to be present and to speak at any meeting of the
Council, but shall not be entitled to vote there at.
- Power of supersede the Council
(1) If in the opinion of the State Government the Council is unable to
perform the duties imposed upon it by or under the Act or has
repeatedly failed in its performance or has not complied with the
directions issued under sub section (4) of section-9 by the State
Government or has acted beyond its power or has abused its power,
the State Government could by notification in its official gazette
supersede the council for such period which could be specified in
(2) Upon the publication of the notification under sub-section-l for the
supersession of the Council.
(a) the Chairman and all the members of the Council shall vacate their
posts as such with effect from the date of supersession.
(b) all the power and duties to be exercised or performed by or on
behalf of the Council under the provisions of the Act during the
period of supersession shall be exercised or performed by
Administrator duly appointed by the State Government, and
(c) all the properties vested in the Council during the period of
supersession shall vest in the State Government.
(3) On the expiry of the period of supersession specified in the
notification issued under sub sections(l), the State Government.
(a) may extend the period of supersession for such further time as it
may consider necessary but this period shall not be more than one
(b) may reconstitute the Council as provided in section-4.
(4) The State Government shall appoint Administrator, when the Council
is not constituted under Section-4.
JHARKHAND ACADEMIC COUNCIL FUND
- Examination Fund
(1) There shall be established a fund to be called the Jharkhand Academic
Council Fund, which shall be vested in the Council for the purpose of
this Act subject to the provisions there in contained.
(2) There shall be placed to the credit of the Jharkhand Academic
(a) all money received by or on behalf of the Council including all
fees payable and levied under any provision of this Act and rules
and the regulations made there under.
(b) all sums borrowed by the Council for the purposes of carrying out
the provisions of this Act and the rules and regulation made
(c) all other sums received by the Council not included in the
(3) All sums received under sub-section-2 shall be kept in any
Nationalised Scheduled Indian Bank and shall be credited to an
account to be called the account of the Jharkhand Academic Council .
- Application of Examination Fund
(1) The Examination Fund shall be applicable to the following objectives
(a) to the repayment of debts incurred by the Council for the purpose
of this Act and the rules and regulations made thereunder ;
(b) to the payment of the salaries, allowances and honorarium of the
officers and the employees, of the Council;
(c) to the payment of the travelling and other allowances to the
members of the Council and different committees;
(d) to the payment of the District administration for conducting free,
fair and peaceful examination
(e) to the honorarium given to the selected officers engaged in
conducting the examination;
(f) to the payment of expenses incurred over the jobs related to
examinations and performing the functions entrusted to the
Council under this Act and the rules and regulations made
(g) to the payment of the cost of audit of the Examination Fund;
(h) to the expenses of any suit or proceedings to which the Council
and/or Officers of the Council are/is party;
(i) to the payment of expenses incurred over repair and maintenance
of the building of the Council,.
(j) to meet the office expenses as well as rent for the office building.
(k) to the payment of any other expenses not specified in any or the
- Audit of accounts of the Council
The account of the Council shall be subject to audit under the Bihar and
Orissa Local Fund Audit Act, 1925 (B&O Act II of 1925), and for this purpose
of the said Act, the Council shall be deemed to be
a local authority whose accounts have been declared by the State Government
to be subject to Audit under section-3 of the said Act and the Examination Fund
shall be deemed to be a local fund.
Provided that expenses incurred over confidential jobs related to
examination such as setting of question paper, moderating of question papers,
printing of question papers or question cum answer booklets, delivery of
questions papers or question cum answer booklets to its destination as well as
processing of result etc. shall not be audited to maintain the secrecy about the
details of confidential printers.
CHAPTER – 4
- Aims and objective of examinations
The examinations to be conducted by the Council shall aim at testing the
training of the candidates as useful citizens of the Indian Union, their
qualifications and prepeardness for absorption in different vocations or
services and their suitability of the receiving University Education. The
objective of the examination shall be to evaluate the attainments of the
students at the end of his study in Secondary, Intermediate, Madarsa and
- Intermediate or 10+2 Examination
A student registered with the Council may be admitted to the final
examination to be called Intermediate or 10+2 examination in the faculty and
subject with which he has been registered and in which he has qualified for
appearing at the examination, on payment of prescribed fee.
- Secondary Examination
The Council shall conduct an examination to be called the Secondary
Examination at which may be allowed to appear all such candidates as shall
have completed the prescribed courses of study taught at secondary stage in
High Schools as well as registered with the Council.
- Sanskrit Examination
A student registered with the Council may be allowed to appear at the
examination to be called Madhyama Examination, if he shall have completed
the prescribed courses of study taught in Sanskrit Vidyalaya.
- Madarsa Examination
The Council shall conduct examinations for those students who shall be
registered with the Council and shall have completed the courses of study to be
taught at Madarsa.
- General Condition of Service
The service conditions of the employees of the Council will be laid down
in the regulation made under this Act, which will be framed within one year for
the date of enforcement of this Act.
CHAPTER – 6
- Power of State Government to make rules
(1) The State Government may by notification, and after previous publication,
make rules for carrying out the purposes and object of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers, the Slate Government may make rules for the followings.
(a) Prescribing the powers to be exercised by the Chairman under subsection-5 of the section- 13;
(b) Prescribing the qualifications of the Secretary to the council and terms
and condition on which he may be appointed;
(c)Prescribing the academic and vocational standards for examinations;
(d) Prescribing the instructions to be given to the authority responsible for
preparing the text book for the preparation of text books;
(e) Prescribing the other examinations to be conducted by the Council and
the duties to be performed by it, other than the duties specified in
(f) Declaring officers to be officers of the Council under clause-(iii) of
(g) for any other matter for which there is no clear provision or insufficient
provision in this Act and for which provision is, in the opinion of the
State Government, necessary for giving effect to the purposes of this
- Power of Council to make regulations
The Council may, after previous publication and subject to confirmation by
the State Government, make regulations consistent with this Act and the rules
made there under to provide for all or any of the following matters, namely
(a) the procedure to be followed in regulating the conduct of business at
meetings of council and committees constituted by it under the Act;
(b) the conditions under which students shall be admitted to the
examination of the Council;
(c) the fees to be charged for admission to the examination of the
(d) the conditions and mode of appointment and duties of Examiners and
the conduct of examinations;
(e) the powers to be exercised by the Secretary under sub-section – 5 of
(f) the service code and conduct rules for the employees of the Council;
(g) all the matters which by this Act or the rules made thereunder are to
be or may be provided by regulations.
- Bar on jurisdiction of Court
(1) No court or authority or forum shall have jurisdiction to entertain any
complain or objection relating to any orders or judgment given by
Council or its officers or its committees under this Act no injunction
in respect of any action taken or to be taken by the Council or its
officers or its committees, shall be entertained by any court or
authorities or forum.
(2) No prosecution, suit or other proceeding shall lie against any officers of
the Council for any thing done or intended to be done in good faith
under this Act.
Until such time as the State Government makes rules and the council
makes regulations under the appropriate provision of this Act within a
maximum period of one year, any rule and regulation made under the Bihar
Intermediate Education Council Act, 1992 (Bihar Act 26 of 1992), Bihar School
Examination Act, 1952 (Bihar Board Act 7 of 1952) adapted as Jharkhand
Secondary Examination Board Act, 2000), Bihar Sanskrit Education Board Act
1981 (Bihar Act 31 of 1982) and Bihar Madarsa Education Board Act, 1981
(Bihar Act 32 of 1982) which were in force immediately before the said act
ceased to be in force, shall continue to be in force subject to such modifications
and adoptions, if any, as may be made there in by the competent authority and
shall be deemed to be rules and regulations made under the corresponding
provisions of this Act.
- Repeal and Savings
(1) The Bihar Intermediate Education Council Act, 1992 (Bihar Act 26 of
1992). Bihar School Examination Board Act, 1952 (Bihar Act 7 of
1952) (adapted as Jharkhand Secondary Examination Board Act,
2000), Bihar Sanskrit Education Board Act, 1981 (Bihar Act 31 of
1982) and Bihar Board of Madarsa Education Board Act, 1981
(Bihar Act 1982) are here by repealed.
(2) Notwithstanding such repeal any thing done or any action taken in
exercise of any power conferred by or under the said Act shall be
deemed to have been done or taken in the exercise of power
conferred by or under this Act, as if this Act were in force on the day
on which such things or action was done or taken.
By order of the Governor of Jharkhand,
Law (Legislative) Department.
JHARKHAND ACADEMIC COUNCIL, (AMEDNDMENT) ACT, 2006
(JHARKHAND ACT 02, 2007)
An Act to amend the Jharkhand Academic Council Act, 2002 (Jharkhand
Act, 02 of 2003)
Whereas, Jharkhand Academic Council Act (Jharkhand Act 2 of 2003) was
enacted to establish an Academic Council in the State of Jharkhand for conducting
examination of Intermediate Education (+2), Secondary Education, Sanskrit
Education and Madrasa Education. The Academic Council shall recommend courses
of studies for such examination and recommend recognition of Intermediate
Education Institutions, High Schools, Sanskrit Schools and Madrasa to the State
Government and generally for carrying out such other subjects or duties as may be
considered necessary for the purpose hereinafter stated.
And, where as after the enactment of Jharkhand Academic Council Act 2002
during the course of execution of functions assigned to the Council, it was felt that
some important provisions such as appointment and removal/disqualification of
Chairman and members of the Council, conduct of the business of the Council,
provision of important officers essential for the execution of functions assigned to
the Council, constitution of managing committee/Governing body of the institutions
etc. were not there or provisions were not clearly spelt out, due to which the council
was experiencing difficulties in the smooth discharge of its function and duties and
so it became necessary to amend certain provisions of Jharkhand Academic Council
Now, THEREFORE Be it enacted by the legislature of the state of Jharkhand
in the fifty –seventh year of the Republic of India as follows:-
(1) Short Title, Extent and Commencement:-
(a) This Act may be called the Jharkhand Academic Council
(Amendment) Act, 2006.
(b) It shall extend to the whole of the State of Jharkhand.
(c) It shall come in to force from the date of notification in the official
(2) In section 2 of chapter (1) the following shall be inserted:-
(m) ‘Joint Secretary’ means Joint Secretary of the Council.
(n) ‘Finance Officer’ means Finance Officer of the Council.
(o) ‘Controller of Examinations’ Controller of Examinations of the
(p) ‘Academic Officer’ means Academic Officer of the Council.
(q) ‘Recognition Committee’ means Recognition Committee of the
(r) ‘Courses Committee’ means Courses Committee of the Council.
(s) ‘Examination Committee’ means Examination Committee of the
(t) ‘Finance Committee’ means Finance Committee of the Council.
(u) ‘Governing Body’ means the Governing Body of the Inter College.
(v) ‘Managing Committee’ means Managing Committee of Secondary
School, Sanskrit Vidyalaya and Madrasa.
(w) ‘Institution’ means an institution imparting education of Intermediate
(+2). Secondary School, Sanskrit Vidyalaya & Madrasa recognized
under the provision of section 7(2)(i) of the Act.
(x) ‘Intermediate College’ means Institution imparting general education
of Intermediate (+2), standard recognized by the Council.
(y) ‘Member’ means Member of the Council.
(z) ‘Notification means Notification published in the Gazette.
(zz) ‘Act’ means Jharkhand Academic Council Act.
(zzz) ‘Govt.’ means State Govt. of Jharkhand.
- The following shall be inserted after section 3(1) of the Act as section
3(1)(A) The headquarter of the council shall be at Ranchi and a
Regional Office at Dumka which will cater to the needs of Santhal Pargana
- The following shall be substituted in section 4 of the Act as section
4(1) in place of the existing section 4(1) of chapter -2
- The Council shall consist of the following members:-
(a) Chairman, Jharkhand Academic Council.
(aa) Vice Chairman, Jharkhand Academic Council.
(b) Director, Secondary Education, Ex-officio member.
(c) Director, J.C.E.R.T. Ex-officio member.
(d) One representative of university nominated by State Govt.
of Jharkhand State to be nominated for one year in rotation
from each University of the State of Jharkhand.
(e) One Headmaster of Secondary School to be nominated by
the State Govt.
(f) Six persons of Academic repute: at least one from among
the scheduled Caste, Scheduled Tribe, Backward Class,
Women and the minority to be nominated by the State
(g) One Scholar of Sanskrit possessing at least 15 years
teaching or administrative experience to be nominated by
the State Govt.
(h) One Scholar of Arabic, Persian or Urdu possessing at least
15 years of teaching or administrative experience to be
nominated by the State Govt.
(i) 3 (Three) members of the Jharkhand Legislative
Assembly to be nominated by the State Govt.
(j) One distinguished and experienced educationist to be
nominated by the State Govt.
(k) One Principal of (+2) School.
The following proviso shall be added to section 4(4) as: Provided that
any nominated members shall be deemed to vacate office with effect from the
date on which he ceases to be a member of the category from which he was
Provided that the term of office of nominated members under section 4,
from legislative Assembly shall be till their membership in the legislature or
three years whichever is earlier.
Provided that – Any casual vacancy in the membership of the Council
by reasons of death, resignation or otherwise shall be filled by the member of
the same category or Body due to whose death, resignation otherwise the
vacancy has occurred and the person so nominated shall be a member for the
remaining duration of the term.
- Section 6, be substituted as
- Conduct of Business
(a) Meeting of the Council shall be held on such dates as may be
fixed by the Chairman. Every notice calling a meeting of the
Council shall state the time & place where such meeting will be
held and shall be served upon every member of the Council not
less than fifteen days before the day appointed for the meeting
provided that the Chairman may convenc a special meeting of the
Council whenever the thinks fit or at the written request of one
fourth of the members of the Council.
(b) The Annual meeting of the Council shall be held every year
generally in the month of November/December.
(c) Other meeting of the Council shall be held as many times as may
be required for the work but the intervening period between any
two consecutive meetings shall not exceed three months.
(d) One-third of the members shall constitute the quorum at any
meeting of the Council. No quorum shall be necessary for a
meeting adjourned for want of quorum and the members present
may transact the business for which the meeting was called for.
(e) The Council shall lay down the Rules of procedure to be followed
in its meeting.
(f) The Council may invite such person to attend its meeting who in
its opinion is an expert in any field of education-
Provided that the subject with which the expert is
concerned is likely to be discussed in that meeting. Such invited
person may participate in the deliberations of the Council, but he
shall have no right to vote.
(g) No member of the Council shall vote on any such subject in
which his personal interest is involved or the subject is connected
with such Institution of which he is a teacher or a member of the
(h) All the issues in the meeting will be decided by majority vote. In
the event of equality of votes, the Chairman shall have the right
of casting vote.
(i) Any note of dissent by any member shall be recorded in the
minutes of the meeting.
- The following shall be inserted in section –7 of chapter 2 of the Act
as Section 7(3), 7(4), 7(5) & 7(6).
7.(3) Purpose and power of the Council:-
(a) To advice the State Govt. on all such matters concerning
Intermediate (+2) Education, Secondary Education, and such
other institution like Sanskrit and Madrasa as may be referred to
it for advice by the State Govt.
(b) To advice the State Government for de-linking the Intermediate
Education from Degree College.
(c) To prepare syllabus, courses of study and curriculum for
Intermediate (+2) Secondary, Madhyama and Madrasa Education
and to prescribe the same after due approval of the Govt.
(d) To promote physical, moral and social welfare of students of
Institutions, to create sense of discipline amongst them.
(e) To recommend fro reduction or stopping maintenance grant or
any other grant, if any recognized Institution has failed to
implement any of the conditions of recognition, or the Institution
is being run in such a way as may be prejudicial to the interest of
education or fails to comply with any order issued by the Council
for maintenance of the prescribed teaching standard.
(f) To determine the requirements and standard in connection with
laboratory, library, apparatus, writing materials and other articles.
(g) To prescribe the number of students for admission in any class of
(h) To prescribe academic session and holidays for the institutions
with the approval of the State Govt.
(i) To call for any report or information from any institution.
(j) To consider Annual reports and Annual Accounts and to approve
them and to prepare and forward financial estimate of the same to
the State Govt. for approval.
(k) To create, with the prior approval of the State Govt., posts of
officers and employees of the Council.
(l) To make Rules for the service conditions of officers and other
employees of the Council other than the Chairman and the
Secretary with the prior approval of the State Govt.
(m) To make appointments to the sanctioned posts of officers of the
Council other than the Chairman and the Secretary, in the manner
prescribed and to take disciplinary action against them.
- Arrangement of teaching of Intermediate (+2) standard in the
Colleges managed by or affiliated to University:-
The Council may make for arrangements of proper teaching
examinations etc. of Intermediate (+2) classes attached to Degree
colleges in consultation with the concerned university authorities.
- Review of the recognition of recognized Institutions:
(1) With a view to as certaining whether or not the institution is
fulfilling the prescribed conditions and maintaining the proper
standard of teaching and discipline, the Council shall review the
cases of recognition of institutions every three years or before
that at such intervals as it may consider necessary.
(2) As a result of the review for proper and sufficient reasons, if the
Council considers it necessary. It shall be competent to
recommend to the Government for withdrawal of permission
given to the Institution concerned.
(3) Where the recognition of any institutions is withdrawn and its
name is removed from the register of the Council, the certificate
of registration to the authority of the management of the
institution shall be deemed to be cancelled. The Council shall
notify the cancellation of recognition in the newspaper.
7.6 Power of the Council for constitution of Governing Body/Managing
Committee of recognized Institutions.
(1) There shall be Governing body/Managing Committee constituted
by the Council for the management and administration of each
recognized Intermediate (+2), Secondary, Madhyama (Sanskrit)
and Madrasa Institution other than an Institution maintained by
State Govt. or an institution administered by a minority
community on the basis of religion or language. It shall consist of
(i) Head of the institution Ex-officio Member.
(ii) A representative of the Council to be nominated by the Council.
(iii) A member of State Legislature, within whose constituency the
institution in situated Ex-officio member.
(iv) An officer of the State Govt. posted in the district not below the
rank of a Sub-divisional officer nominated by the Deputy
(v) One member elected by and from amongst the teacher of the
(vi) One member to be elected by and from amongst donors as have
donated at least Rs. 25,000/- to the institution.
(vii) One member to be co-opted by the Governing Body/Managing
Committee from amongst such educationists or persons reputed
for Having academic interests who reside in the district, where
the Institution is located.
(viii) District Education Officer of the District ex-officio.
(2) The term of office of the members of the Governing
Body/Managing Committee other than the ex-officio members
shall be three years and their powers and functions shall be such
as may be prescribed by the rules.
(3) No proceedings of the Governing Body/Managing Committee of
the recognized Institution shall be invalid merely by the existence
of vacancy or vacancies amongst its members.
- The provisions of section 8 of the Act shall be deleted and
substituted by the following:
“8(A) Constitution of Committees:-
(1) The Council shall constitute one or more of the following
committees from amongst its members:-
(a) Recognition Committee
(b) Courses Committee
(c) Examination Committee
(d) Finance Committee
(2) The Chairman of each Committee shall either be the Chairman of
the Council or any member nominated by the Chairman. Besides
the Chairman the members of the Committee shall not be more
(3) Save as otherwise provided in this Act there shall be a Secretary
of each Committee who shall be nominated by the Chairman
from amongst officers of the Council.
8.(B): Functions of the Committees:-
- The functions of the Recognition Committee shall be to advise
the Council on matters of recommending granting of recognition
- The function of the Courses Committee shall be to advise the
Council on matters relating to preparation of courses of study and
curriculum and selection of books for teaching in recognized
3 The function of the Examination Committee shall be to advise the
Council in the selection of examiners, paper setters, moderators,
tebulators, invigilators, observers and other officers connected
with the examinations conducted by the Council.
- The following shall be the functions of the Finance Committee:-
(a) Preparation of annual estimates of the Council.
(b) Work relating to maintenance of budgets of the Council.
(c) Discharge of such other functions of financial nature as may be
entrusted from time to time by the Council, and
(d) To advise the Council on matters related to the finances of the
- In section 10 of the Act the following be added as:
(i) Vice Chairman
(ii) The Joint Secretary
(iii) Finance Officer
(iv) Controller of Examinations
(v) Academic Officer
- Section 11 Shall be substituted as :
11(1) Appointment, terms and service conditions and removal of the
(A) No person shall be deemed to be qualified to hold the post of Chairman
unless such person is reputed for his scholarship, academic interest and
(B) The Chairman shall be a whole time officer of the council, appointed
by the State Government and shall hold office form a term of three
Provided that the State Government may by notification
remove the Chairman, if he refuses to act or is unable to act or if he act
in a manner which the State Government considers, prejudicial to the
interest of the Council
(C) (i) The salary and other service conditions of the Chairman will be
same as that of the Vice-Chancellor of the State University. Provided
that if at the time of appointment as Chairman, the concerned person
was in receipt of or had become entitled to receive retirement benefits
by way of pension gratuity, contributory provident fund or otherwise,
the pay specified in the rules shall be reduced by the gross amount of
pension (including any portion of the pension which may have been
commuted) and the pension equivalent of other forms of retirement
11 (2) Disqualification of Chairman and members of the Council.
No person shall be deemed to be qualified for appointment or to continue as
Chairman, for nomination as member or to continue as member-
(a) If he, indirectly, himself or through his partner, has-
(i) Share or interest in any book published or recommended by or
on behalf of the Council, or
(ii) Share or interest in any work to be done on contract to be given
by the order of or on behalf of the Council.
(b) If he is a person against whom order has been passed for his removal
from the Govt. service, he will not be eligible to be nominated
to the Council.
(c) If he-
(i) has been declared in same by a judgment of a Court of Law.
(ii) is insolvent.
(iii) has been convicted by a Court of Law for any offence having
punishment of more than three months.
Explanation- For the purpose of sub – clause (i) of clause (a)
(i) Publication of the course books includes its republication and reprint.
(ii) Any person holding interest or share in the publication or business of
such course books shall be deemed to be disqualified, and
(iii) If any dispute arises in the matter of disqualification, the decision of
the State Government shall be final and binding.
1(3) Appointment, term and service conditions of Vice Chairman:-
(i) The Vice-Chairman shall be appointed by the State Government
(ii) The Vice-Chairman shall be a whole-time officer and shall hold office
at the pleasure of the State Govt. for a term not exceeding three years
from the date on which he first assumes charge of the office.
(iii) On the expiration of the first term he may be appointed at the pleasure
of the State Government for a term not exceeding three years.
(iv) The State Government shall appoint such person as Vice-Chairman
who has sufficient experience of education administration.
(v) The Salary and other service conditions of the Vice-Chairman shall be
equivalent to the Pro-Vice-Chancellor of a University in Jharkhand.
(vi) In addition to his own duties he will be in charge of the Regional office
of the Council at Dumka.
(vii) He will act under the over all superintendence of the Chairman and
perform such other duties as may be assigned to him by the Chairman
from time to time.
(viii) Other conditions of the service shall be determined by the State
- The following shall be added to section 12
12(2) Vacancy of the post of Chairman or member due to disqualification.
If the Chairman or any Member of the Council is disqualified under section
11(2) His post shall be deemed to have fallen vacant with effect from the date
of disqualification. The vacancy caused on account of disqualification shall be
published in the official Gazette by the State Government.
12(3) Resignation of members:-
(A) Any member of the Council other than ex-officio Member may submit
his resignation in writing to the Chairman of the Council who will
forward it to the State Govt. with his comments.
(B) The State Government shall, having accepted the resignation of the
Member, notify it in official Gazette and the post of the member
concerned shall fall vacant from the date of the notification in the
12(4) Removal of the Member;-
(A) The State Government may, on the recommendation of the Council or
suo motto remove any member from his post if such a member has
been found guilty of such conduct as would in the opinion of the State
Government disqualified him to continue as member.
(C) The name of the member removed under sub-section (A) shall be
published in the official Gazette by the State government and the post
of the member removed shall fall vacant with effect from the date of
notification in the Gazette.
- In Section 13 of the chapter – (2) of the Act the following be added as
13(6) The Chairman shall, subject to the provisions of this Act, the Rules and
Regulations made there under, have power to make appointments
subject to ratification by the Council to the posts within the sanctioned
grades and scales of pay and within the sanctioned strength of the
ministerial employees and other servants of the Council (not being
officers of the Council) and have control and full disciplinary powers
over such staff and servants.
13(7) The Chairman shall have the:-
(a) Power of general supervision and control over the Secretary and other
officers and employees of the Council.
(b) Power to entrust such work as he deems fit to the members of the board of
studies and committees and
(c) Power to sanction travelling allowances at the rates approved by the State
Govt.to the Secretary and members of the Council.
- Section 14 be read as 14 A and In Section 14 the following be added as
14(B), (C), (D) & (E):
14(B) Qualification & duties of Joint Secretary.
(i) The Joint Secretary shall be a whole-time officer. He shall be not
below the rank of District education Officer and shall be deputed by
the State Govt.
(ii) He shall work under the control of the Chairman and shall perform
such duties as may be assigned to him from time to time.
(iii) There shall be two posts of Joint Secretary. One Joint Secretary shall
be in charge of the work relating to establishment and administration of
the Council and other Joint Secretary shall be in charge of the work
relating to establishment of Intermediate Colleges, Secondary Schools,
Madrasa and Sanskrit Vidyalayas.
14(C) Qualification & duties of the Finance Officer.
(a) The Finance Officer shall be a whole-time officer of the Council.
(b) He shall be a person having ten year’s experience of Financial
Administration and sound knowledge of accountancy, auditing and
(c) He shall possess at least a second class bachelor degree in Commerce
and have M.B.A. degree in financial management from recognised
(d) He shall be appointed by the Council.
(e) He shall act as Secretary to the Finance Committee and shall exercise
such powers and perform such duties as may be assigned to him by the
(f) His pay scale shall be the same as admissible to the Joint Secretary.
14(D) Qualification and Duties of Controller of Examinations:
(i) The Controller of examinations shall be a whole-time officer of the
(ii) He shall be person having 10 year’s experience of University
administration or as a teacher in a University or College, possessing a
high second class master’s degree of the University or an equivalent
(iii) He shall be appointed by the Council.
(iv) The Controller of Examinations shall assist the Council in the conduct
of all examinations (Intermediate +2, Secondary, Madrasa and
Madhyama Sanskrit) and the timely publication of the result thereof.
14(E) Qualification and Duties of the Academic Officer:
(i) The Academic Officer shall be a whole-time officer of the Council
appointed by the Council.
(ii) He shall possess a high second class Master’s Degree of a University
or an equivalent qualification and not less than 10 years experience of
teaching in a degree College or the administration in the Council or
In Section 29 the following shall be deleted in line two of the text:
“Within a maximum period of one year”
- Section 28 (i) stand deleted.