The Assam Secondary Education Act, 1961
(2) It extends to the . Mizo District.

(3) It shall come into force from such date as

the State Government may, by notification, in the

Official Gazette, appoint.

Act I

Application 2. All the provisions of the Assam Excise Act, of 1910.

of Act I 1910 as amended from time to time
of 1910 to '11e

_I_ r..ffa:o District. shall apply to the Mizo District.

ASSAM ACf No.XXV OF 1961

THE ASSAM SECONDARY EDU9ATION ACT. 1961

_(As_ passed by the Assembly)

(Received (he assent of . the Governor on the 4th December 1961)

[Published in the _Assam Gazette,_ Extraordinary, dated the 5th De<.:ember

1961]

CONTE~1S

1. Short title, extent and commencement.
2. Admission of Institutions jn other States and Administrations _to_

the Privileges of the Board.

3. Definitions.
4. Incorporation of the Board.
5. Constitution of the Board.
6. Publication of names of the members of the Board.
7. Term of cfiice of members.
8. Disqualification for membership.
9. R esignation of members and casual vacancy, etc.

10. Meetings :of !he Board.
11 . Quorum.

Proceedings not invalidated by reason of vacancies.

12. Officers of the Board.
13. Powers and duties of the Board.
14. Powers cf the State Govemment.
15. Constitution :of Secondary Education Board Fund.

16. Custody and investment of the Secondary Education Board Fund.
17. Application of the Fund.
18. Audit of the accounts of the Board.
19. Powers and duties of the Chairman.
20. Powers and duties of the Secretary.
21. Powers and duties of other officers.
22. Committees ()f Board.
23 . Exercise of powers delegated by !he Board to Committees.
24. Power of Board to make regulations.
25. Board to furnish reports, re.turns, etc., to the Sfate Government.

26 Power of State Government to reconstitute the Board.
27 . Vesting of powers !ill the reconstitution of the Board.
28 Power of State Government to make rules.


-----

THE ASSAM SECONDARY EDUCATION ACT, 1961

###### An

Act

to provide for the establishment of a Board of Seconda1·y Education
###### to regulate, supervise and develop Secondary Education

                         - in the State of Assam.

P 'camble. 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 in the Twelfth Year of
the Republic of Indra as follows:-

Snort title, I. (1) This Act may be called the Assam Secondary
extent and Educa ion Act, 1961.
commence·
ment,
(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 l 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 Educa·

tion 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 i;uch time as the State
Government, by notification in the Official Gazette,
may appoint.

Admission of 2. Notwithstanding anything contained in Section ],

!mtitutions any Government of a State or Territory or Adminis-

15n othedr tration other than the Government of Assam, Union

tates an T . h N h E F . A
Administra- e.rntory or t e ort     - ast ront1er gency
tions to the Administration may apply to the Board for being
Privileges admitted to the privileges of the Board and the Board

~f d the may subject to such comlitions as it may think fit to
oar      - impose, admit such State or Territory or Administra-
tion to the privileges of the Board.


-----

Definltions. 3. 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 De-
partment of Education of the Govern-
ment of Assam ;

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

###### Act;

 (/) "Headmaster or Headmistress" means
the head of the teaching staff of a High
School or Higher Secondary School by
whatever name he or she is d esignated ;

_(g)_ "High School'' means a school or depart-
ment 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 recog-

nition by the Hoard, by any University
established by Jaw in India or by any
Board recognised by the State Govern-
###### ment;


-----

(l) "Regulation" means a regulation made by

the Board under this Act ;

(m) "Rule" meaits a rule made by the Statf

Uovernment under this Act ;

_(n)_ "Secondary Education" means such

education as is designed to meet the needs
of the stage which follows immediately
the stage ol 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 puh-
lished in the Official Gazette.

lncorpora- 4. (1) Tlie State Government shall, as soon as may

tion of the be after the commencement of the Act, establish by ,
Board. notification, a Board for regulation, super :1 ision a nd
development of Secondary Education in a-::cordance
with the provisions of this Act.
(2) The Board shall, by the name of 1he Board of

Secondary Education, be a body corporate with pe1·-

petual succession and a common seal, shall have power

to acquire and bold 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 carryimr out its duties
and functions, and shall by the said name sue or be

sued.

Conititu· 5. (1) The Board shall consist of the following mem-
tion of the hers, namely:-

**Board.**

_Ex-officio_ Members-

Director of Public Instruction, Assam- Chairman.

Additional Director of Public Instruction, Assam.

Director of Agriculture.

Director of Technical Education.

Director of Health Services.

Director of Industries.

Principal, Assam Agricultural College .

###### . .


-----

Directors of Education of the Territories of
o ther States and Administrations admitted to the
privileges of the Board .

Deans of the Faculties of Arts and Science,
Gauhati University.

_ The Assistant Director of Public Instruction
in-charge of 'Vomen's Education .

.Members to be nominated by Government-'

One of the Inspectors of Schoo.ls.

Two Headmasters and two Headmistresses of
High Scl10ols and Higher Secondary Schools.

Two teachers of High Schools and Higher

Secondary, Schools as recommended by the

ExccutiYe Committee of the All Assam Aided

High Schools Teachers' Association.

Two nominees of the Gauha1ti University.

Oi;ie Principal _oi_ a Teachers' Training College.

One Head of a Polytechnic.

_Co-opted_ _Members -_

The Board shall have power lo co-opt not
more than two members from among the distin-

guished educationists.

(2) The Secretary shall be appointed by the
Go\'ernment who slrn.ll also he an _ex-officio_ Mem-
ber of the Boarrl.

Publication 6. The names of persons nominated or co-opted .. ·

of names of as members of the Board, sha)l be published by

the meml:ers notification -by the Slate Government.
oftheB:.a rd.                                  - ,

Term of 7. Term of office of members--

office of mem·

bers.

(i) Nominated members shall hold office

for a term of three years from the
elate of the notification published
under Section 6 and the term of office
of co-opted members shall terminate
on the same date as that of the nomi-
nated members :

Pro\'ided that the State GoYernment, may , by

n otification. in the Official Gazette, extend the

term of the office of all such members hy a

perio d n ot exceeding one year.


-----

(ii) NoLwit'Listanding the expiry of t he term

d three years speci fi ed in cl ause (i)
the term of office of the outgoing

members shall be d eemed to extend to
the date on which the names

of the newly nominated members a rc

published under Section 6.

Di     - t•ali. 8. **(1)** A person shall not be eligible fo r

fi ca•i on f?r 11 •1 rn ination nr co-opti•"'n as a mem ber of the Board

mernte rship. or of the C ommittees form.::d b)' it, if he-

_(a)_ iias Il een adjudgl:d by a court of law to be
of u nsound mind ;

(b) is an undischarged insolvent ;

_(c)_ has been convicted by a court of law for an

offen ce wh ich is declared by the State Govermnmt **to**

be an offt> nce involving moral turp itude, as provided

in the ru!'es.

(2) If a nomin a ted or co -op ted member of the

Board or of any Co mmittee formed by it, be comes,

subjec: t.1 a11 y of t he disqua lifications specified in

sub-section (1) his membership shall thereupon cease.

                                                                                                 -

(:!) All disputes relati ng to the eligibility of any

penon for n vmi nation or co-option, ~ hall be
referred to t he State Government whose decision on
such m atters slnll be final.

Reaim •tion 9 ( !) /\. me mber of the Board, oth rr than an

o l me mbers _Ex-officio_ membe r, may t esign h is Eeat by giving notice

ttnd casual th erenf in writing to the Chairma n, and rnch men -

vacancy, etc .ber shall be deemed to have vaca ted his seat from the

cl ate of a.cceptance of his resignation by the Chair-
**man.**

(5-) The S•.ate Government may, by notification,

remove any nomina1ed or co-opted member

wh o remains atsent fro m three consecutive meetings
of the Board with out the leave of the Board.

(3) In the event : f a casual vacancy occurring by

r esi \! nation, removal, death or di5qualifica tion of a
m ember such vacancy shall be filled by nomi-

na tion or co-option, as the case m ay be, in the manner
provid ed in Section 5.

\4) Any person nominated or co-opte.:l to
till a casual vacancy shall hold office fo r the unexpired
portion of the term of office of the member in who~e
place he is nom inated or co-opted .


-----

Meetings o'' 10. (i) Ordinary Meetings-The Board shall meet not

the Board. less than thrice a year, but four months shall not
intervene between two successive meetings.

(ii) Special Meetings-The Chairman may, at
any time, and shall upon the requisition made bv
not less than one-third of the members of the Board
other than the _ex-officio_ members, and on a date not
more than twenty-one days of the receipt of such
requisition, call a special meeting of the Board.

_(iii) Twenty-one_ days' notice shall be given for

ordinary meetings of the Board and ten days' notice
for special meetings.

Quorum: 11. (i) The q uorum for every meeting of the Board
Proceedings shall be nine.

not inav:l-

dated by
reason of (ii) Subject to the prov1s1ons contained in sub-

vacancies. section (i) no act or proceedings of the Bo'ilrd shall be
invalid merely by reason of the exister.ce of any
vacancy among the members of the Board.

Officers of 12. (1) The following shall be the officers of the

the Board. Board :-

#### e) The Chairman,

(ii) The Secretary, and

_(iii)_ The Controller of Examinations.

(2) 1 he Board may appoint such other officers

and employees as it considers necessary for the efficirut
discharge of its functions under this Act on

such terms and conditions as may be determined by
regulations.

Power; and 13. Subject to the prov1s1ons of this Act

~utid of the the powers and dut '.es of the Board shall be , s

oar                                        - follows, namely:-

( i) to prescribe courses of instruction for High

Schools and Higher Secondary Schools,

_(ii)_ to conduct examinations based on such

courses,

_(iii.)_ to admit to its examinations, on con-

ditions that may be prescribed by regulations, candi-
dates who have pursued the prescribed courses of
instruction and also to take such disciplinary action
against cand~dates as may be prescribed by regulations,


-----

141

_(iv)_ to demand and receive such fees as may,

be prescribed by regulations,
_(v)_ to publish the results of its examina·

tions, -

###### , (vi) to grant certificates to stwlents passing the

examinations,
_(vii)_ to institute and award scholarships, prizes
etc.,
_(viii)_ to prepare, publisli and select text books
and supplementary bcoks,

                - (ix) to lay down conditions of rec')gnition of
High Schools and Higher Secondary Schools,

_(x)_ to recognise High Schools and Higher ~ econ­

dary Schools and to withdraw such recQgnition,

_(xi)_ to take such disciplinary action as it
thinks fit against institutions as prescribed by regula-
tions, .

_(xii)_ to adopt measures for studv a11d exa·

mination of problems in the field of Secondary

Education,

                      - _(xiii)_ to advise Government on physical,
moral aud social welfare of students in recognised
institutions, and to prescribe conditions of their resi-
dence and discipline,

_(xiv)_ to prescribe nec:ssary qualifications of
teachers in recognised schools,
_(xv)_ to prescribe courses of instrnction in
Under-graduate Teachers Training Institutions and to
hold examinations on such courses and to award
certificates,

_(xZ>i)_ to recognise Under-graduate Teachers
Training Institutions and to withdraw recognition,
_(xvii)_ to organi~e seminars and provide in.
service Teachers Training courses,
_(xviii)_ to receive grants from Government
and donations from private individuals or ~ssociations
for sr,ecific or general purposes-,

~ _(xix)_ to call for reports from the Director
of Public Instruction on the conditions of recognised
institutions or of institutions applying for recognition, "
_(xx)_ to advise Government on re-organirn-

tirn and development of Secondary Education,
_(xxi)_ to advise Government relating to any
matter within the provisions of this Act on which the
Government may consult the Board,
_(xxii)_ to appoint officers and other

emp!oyees of the Board, and to prescribe
by regulations the terms and conditions of their service,
_(xxiii)_ to iustitute bv regulations for the
benefit of it~ officer~ and other employees such
pension, gratuity and provident fund as it may deem
fit in such manner, and subject to such conditions as
may be prescribed by regulations,


-----

142

_(xxiv)_ to delegate any of its powers to any

Committee constituted under this Act,

\x~v) to administer the Secondary Educa·

tion Board Fund,
_(xxvi)_ to receive, purchase and hold any
property, movable or immovable, which may become
vested in it, and to dispose of all or any of the prope r-
ty, movabl e or immovable belonging to it, and also
do z:l l other acts incidental or "ppertaining thereto ;
and

_(xxvii)_ to do all such acts and things as

# • may be necessa1y to carry out the purposes of the Act.

Powen of 14. Notwithstandi 11g anv,hing con•.ained in this

the Stat,. Act-                                      -                                      -

Governmlnt,
(1) The State Government shall have tl1e right
to address the Board with reforeace to anything con-
ducted or done by the Board and to communicate
its views on                                    - any matter with which the Board is

concerned.
(2) The Board shall report to the State

Government such action, if any, as it proposes to take

or has taken upon tile communication of the State
Government.
(3) The State Government may after consulta·

tion with the Board issue such directions consistent
with the provisions of this Act, as it mav think fit, and
the Hoard shall crmply with <;uc li directions.
(4) The State Governmei.t may, by order in
writing spec.:ifyiniz the reasons thereof, suspend the

execution of any resolution or order of the Board, and

p r. hibit the doing of an act ordered to be done by the
B;x1rd, if the State Government is of the opinion that
su ch resolution, order or act is i.1 txce:;s of the

p owers conferred upon the Board by or under this
Act.
(5) The State Government may, after con-

sultat:on with the board, suspend or remove a member
whose continuance as a member of the Board is
co11sidered . to be detrimental to the interest of the
Board.

Constitution 15. A fund to be calied Secondarv Education Board ~

of ~donda· Fund shall be constituted and all sums received by

~oardu~a~~~no r on behalf of the Board under this Act shall be

                                   - laced to the credit thueof.

Custody and 16. All moneys at the credit of the Fund sball be

investment kept in the Government Treasury or the State Bank of

Secondary of the Indi 'l or the A~sam Co-operative Apex Ban k , Ltd.,

Education as the Board may detern:ine.

Board Fund.
Application 17. Subject to the provisions of this Act, th<! Fund

of the Fund, shall be applicable only to the payment of the ch arges


-----

and expenses incidental to matters specified in
this Act.

Audit of the 18. The accounts of the Board shall be audi-

account • of ted onl~' by such agency as may he specified by

the Board. the St a t e G oyernmen t , anc l a copy o f th e au d" J··

led account<> shall be submitted by the Board to
###### 'the State Government by such date each year

as the State GoYcrnment ma:-,' <opccify.

Pow Hs and 19. (1) It sh~ill he the duty of the Chairman to

d,uti _.• of th e sec t at the provisions of this Act and the regu-
1._;hairman lalions mack undt>r it arc faithfully observed,

and the decisions of the hoard are duly imple-
mented and he shall han· all powers necessary
for this purpose.

(2) The Chairman shall ha\'e pb\ver to con-

yene meeti1 gs of the Board.

(:~) \Vhen any emergcncv ari'-'ing out of

ad11inislratiYP busin<'ss of the Board requires,
in th C' opinion of .the Chairman. tlrnt immediate
action should be taken, the Chairman shall take
such action as he deems neccss<try and report
his a.cti(m lo the Board al its next meeting.

(-!) The Chairman shall exercise such other

powers as ma~' be prescribed by the regula-

tions.

Powers a-id 20. The Secretary of \he Board shall he the

duties o[ the principal administrative omcer, and shall, sub-

Secrclat y. jecl to t'lC con~1·0\ of the Clrninna 1, perform

such duties as may be prescribed b~ regula-

tions.
###### '

Powers and 21. Other officers will have such powers and

duties of d uties as may he prescribed by regulations.

other offi cers.

Committee; 22. (1) _The_ Board shall, for the purposes of

of Boarcl. carr ·ing out its du· ·cs and functions imposed
under this .\ct. appoint the following committees.
n am ely :--

(i) Curriculum and S. llabus Committee,

(ii) Exammation Committee,
(iii) PhysiC"ll E•luca'ion Committee,
(iY) Girls' Fducalion Committee, and

lv) Such other C<,mmitteec; as may be
found necessary.


-----

(2) Every such Committee shall consist of

such members of the Board a nd of such other

persons m the Board may appoint.

(3) cyery such Committee except the

Examination Committee may co-op t persons to
be m embers to the ex ten l of one-third of the
members appointed to it.

(-!) l\lembers of such Committees shall hold

oflicc for such time as the Board may determine .

(5) Subject lo lhe provisions of this Act and

the rules made thereunder the dulies and func                                  -

tions of lhc Committees shall be determined by
regul ations.

Exercise of 23. All matters rela ting to exercise of powers

powers dele- confcued upon the Board by thi s Act which arc
gated by the by regula tions delegated to an" committee appoin-

Committees. Board to ted · under Section                                             - 22 shall stand ·' referred to that

committee , and the Board lfofore exercising such

po,vcrs shall receive and consider the report or
recommendation of the comnullee wilh respect
lo the matter in question.

Power of 24. ( 1) The Board may make regulations for

Board to lhe purpose of carrying oul lhe provisions of

make regula- this Act.

tions.

(2) In parlicular and wilhoul prejudice to
lhe generality of lhc foregoing powers the Board
may make regulations providing for all or any
of the following matters , n amely :-

(a) the constitution, powers and duties

of Comm.illees appointed under Sec-

tion 22,                                         -

( b) courses of study to be laid down for

different examinations ,
(c) m arks required for passing in any sub-

j ect and the examination as a whole,

and for credit a nd distinction in any
subj ect,
(cl) qualificat ions, appo intment and remu-

neration of examiners, paper-setters

and others,

(e) conducting examinations and publish-
ing the results,

(f) conditions of r ecogni lion of Iligh

Schools and Il igher Secondary Schools,

(g) conditions under which candidates

shall be admitted to the examinations
of the Board,

(h) disciplinary measures for malpractices

L· in examinations,


-----

_(. i)_ fixing of fees and charges in respect _oI_

:xamina tions,

(J) provident fund' etc., r~ r the benefit or the
employees of the Board.

_(k)_ rate of travelling and daily allowances

to the non .. ofhcial members of the Board or Commi t·
tees,

_(l)_ delegation of powers or assignment of

functio9s to Committees formed under this Act,

_(m)_ all matters which, by this Act, are to
be or may be provided for by regulations :

Provided that all regulations, alterations and

revocation thereof shall be subject to approval by
the State Governmen t and pu :)lished in the Official
Gazette.

Board to 25. The Board shall furnish to the State Govern·

furnish re- ment such rep::irts, returns and stateme11ts ar!d such

r::~:: e:c~: other information relating to any matter under the

to the State control of the Board as the State Government maY
Government. require .

Power of 26. If in the opinion· of the State Government,

::tate Go· the Board has shown its incompetence to perform, or

vernment t.o persistently made default in the performance of the
rec o o s th1• duties imposed, or exceeded or abused the powers

~ute Board. t c con 1· erre d upon it · b y or un d er t h' ts A ct, t e h S tate .

Government shall formulate in writing specific charges
against the Board in respect of tlu se matters and shall
forward a copy of such charges to the Board with
direction to submit any comments or explanations in
respect thereof to the State Government within such
period as may be specified in this behalf. After the
consideration of the comments or explanations of the
Board, the State Government may, if it thinks fit, by
notification supersede the Board and thereafter

reconstitute the Board in accordance with the pro-- .
vision of Section 5 and in ever> such case, the State

Government shall, as soon as may be, lay before the
State Legislature a copy of the said notification
together with the ~tatement of the reasons which led
to such reconstitution.

Vesting of 27. Until the Board is reconstituted after super

powers till session under Section 26, the dutie~ ar.d powers of the

the. re-consti•Board shall be: performed and exercised by, and the

~od of the property of the Board shall vest in such person or

r • authority as the State Government may specify by
ootification.


-----

:Power of 28. (1) The State Government may make rules

'tt;i.te Go- for carrying out the purposes of this Act.
vc·nuReRt to
Jnakc rules.

(2) All rules under this Section shall be
laid for not less than fourteen days before the

Assam Legislative Assembly as soon as possible
after they are made, and shall be subject to

such modifications as the Legislative Assembly
may make during the Session in which they arc
so laid or the Session immediately following.

_:_ !

###### 1rr; I • -

ASSAM ACT No.XX.VI OF 1961

THE SYLHET TENANCY (AMENDMENT) ACT, 1961

(As passed by the Assembly)

(Received the assent of the Governor on the 27th December 1961)

[ flublishcd in the _Assam_ _Gazette,_ Extraordinary, dated the 28th December
1961. ]

_An_
_Act_

_further_ _to_ _amend_ _the_ _Sylhet_ _Tena11c11_ _Act,_ _1936_

. . Assam /let

l"rcamble, \VHEREAS it 1s expedient further to amend Xlof lli36,

!he Sylhet Tenancy Act, l\J~iG , hereinafter called

the Principal Act, in the manner hereinafter

appearing :-

###### It is hereby enacted in the Twelfth Year of the
Republic of India as follows :-

Short title 1. _( 1)_ This Act may be called the Sylhet Tenan-

and com- cy (Amendment) Act 1961.
menccment.                              - '

(2) It shall come into force at once.

(3) It shall have the like extent as the

Principal Act.

Amendment 2. In Section 3 of the Principal Act,-
ofSe tion 3
ef Assam Act

XI of 1936,

_( 1)_ in clause _( 16) ,_ the colon after the word

"person" shall be deleted and the following
words and colon shall be added, namely :-

"and includes a person who holds land of
another persoP "'nder the system known as


-----

