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THE ASSAM HIGHER SECONDARY EDUCATION ACT, 1984
The Assam Higher Secondary Education Act, 1984
Sections
An ACT
Section 1Preamble
Section 2Section 1. Short title, extent and commencement
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 1(4)
Section 1Proviso to Section 1(4)
Section 1Section 2. Admission in other States and Administration to the privileges of the Council
Section 2Section 3. Definitions
Section 3Section 3(a)
Section 3Section 3(b)
Section 3Section 3(c)
Section 3Section 3(d)
Section 3Section 3(e)
Section 3Section 3(f)
Section 3Section 3(g)
Section 3Section 3(h)
Section 3Section 3(i)
Section 3Section 3(j)
Section 3Section 3(k)
Section 3Section 3(l)
Section 3Section 3(m)
Section 3Section 3(n)
Section 3Section 3(o)
Section 3Section 3(p)
Section 3Section 3(q)
Section 3Section 3(r)
Section 3Section 4. Establishment of the Council and its status
Section 4Section 4(2)
Section 4Section 5. Constitution of the Council
Section 5Section 5(2)
Section 5Section 5(3)
Section 5Section 5(4)
Section 5Section 5(5)
Section 5Section 6. Publication of the names of the members of the Council
Section 6Section 7. Term of Office of members
Section 7Proviso to Section 7(i)
Section 7Section 7(ii)
Section 7Section 8. Disqualifications for membership
Section 8Section 8(2)
Section 8Section 8(3)
Section 8Section 9. Resignation of member and casual vacancy etc.
Section 9Section 9(2)
Section 9Section 9(3)
Section 9Section 9(4)
Section 9Section 9(5)
Section 9Section 10. Meeting of the Council
Section 10Section 11. Quorom
Section 11Section 11(ii)
Section 11Section 12. Officers of the Council
Section 12Section 12(2)
Section 12Section 13. Powers and duties of the Council
Section 13Section 13(2)
Section 13Explanation to Section 13(2)
Section 13Section 14. Powers of the Government
Section 14Section 14(2)
Section 14Section 14(3)
Section 14Section 14(4)
Section 14Section 14(5)
Section 14Section 15. Constitution of Higher Secondary Education Council Fund
Section 15Section 16. Custody and investment of the Higher Secondary Education Council Fund
Section 16Section 17. Application of the Fund
Section 17Section 18. Audit of the Account of the Council
Section 18Section 19. Powers and duties of the Chairman
Section 19Section 19(2)
Section 19Section 19(3)
Section 19Section 19(4)
Section 19Section 20. Powers and duties of Secretary
Section 20Section 21. Powers and duties of other Officers
Section 21Section 22. Committees of Council
Section 22Section 22(2)
Section 22Section 22(3)
Section 22Section 22(4)
Section 22Section 22(5)
Section 22Section 23. Exercise of powers delegated by the Council to Committees
Section 23Section 24. Power of Council to make regulations
Section 24Section 24(2)
Section 24Proviso to Section 24(2)
Section 24Section 25. Council to furnish report, returns etc. to the Government
Section 25Section 26. Powers of the Government to reconstitute the Council
Section 26Section 27. Vesting of powers till reconstitution of the Council
Section 27Section 28. Power of Government to make rules
Section 28Section 28(2)
Section 28
assam-higher-secondary-education-act-1984.json
•
83 Sections
•
Assam
{
"id": 2505,
"slug": "assam-higher-secondary-education-act-1984",
"title": "THE ASSAM HIGHER SECONDARY EDUCATION ACT, 1984",
"short_title": "The Assam Higher Secondary Education Act, 1984",
"act_number": "XVII",
"act_year": 1984,
"act_type": "STATE",
"location": "Assam",
"law_status": "unknown",
"enactment_date": "1984-04-16",
"description": "The Assam Higher Secondary Education Act, 1984",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "An\nAct\nto provide for the establishment of a Council to regulate,\nsupervise and develop Higher Secondary Education (plus\ntwo stage) in the State of Assam.",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "Preamble",
"chapter": null,
"content": "Whereas it is expedient to establish a Coun-\ncil to regulate, supervise and develop the system\nof Higher Secondary Education (plus two stage)\nin the State of Assam.\n\nIt is hereby enacted in the Thirty-fifth Year\nof the Republic of India as follows:-",
"footnote": "",
"is_definition": false,
"sort_order": 10
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{
"number": "1",
"title": "Section 1. Short title, extent and commencement",
"chapter": null,
"content": "1. (1) This Act may be called the Assam\nHigher Secondary Education Act,\n1984.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "(2) It extends to the whole of Assam.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "(3) It shall come into force on such date\nas the State Government may, by noti-\nfication in the Official Gazette appoint.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "1",
"title": "Section 1(4)",
"chapter": null,
"content": "(4) From the date on which this Act comes\ninto force, the Gauhati University or\nthe Dibrugarh University or any other\nUniversity or any Board of Education\nshall cease to exercise its jurisdiction\nover the institutions imparting Higher\nSecondary Education or P.U. (Pre-\nUniversity), P.D. (Pre-Degree) courses\nrunning in the Colleges under the Gau-\nhati University and the Dibrugarh\nUniversity respectively recognised by\nthe Government of Assam:",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "1",
"title": "Proviso to Section 1(4)",
"chapter": null,
"content": "Provided that the Gauhati University or\nthe Dibrugarh University or the Board of Secon-\ndary Education shall continue to have the same\njurisdictions as is now exercised by it over the\nColleges/Higher Secondary Schools till such\ntime as the State Government may, by noti-\nfication in the Official Gazette appoint.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "2",
"title": "Section 2. Admission in other States and Administration to the privileges of the Council",
"chapter": null,
"content": "2. Notwithstanding anything contained in\nSection 1, any Government of a State or Ter-\nritory or Administration other than the Govern-\nment of Assam may apply to the Council for\nbeing admitted to the previleges of the Council\nand the Council may subject to such conditions\nas it may think fit to impose, admit such State\nor Territory or Administration to the previleges\nof the Council.",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "3",
"title": "Section 3. Definitions",
"chapter": null,
"content": "3. In this Act, unless there is anything\nrepugnant to the subject or context:",
"footnote": "",
"is_definition": true,
"sort_order": 80
},
{
"number": "3",
"title": "Section 3(a)",
"chapter": null,
"content": "(a) \"Council\" means the Council for\nHigher Secondary Education establi-\nshed under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 90
},
{
"number": "3",
"title": "Section 3(b)",
"chapter": null,
"content": "(b) \"Chairman\" means the Chairman of\nthe Council.",
"footnote": "",
"is_definition": true,
"sort_order": 100
},
{
"number": "3",
"title": "Section 3(c)",
"chapter": null,
"content": "(c) \"Controller of Examination\" means\nthe Officer conducting the Examinations\nof the Council.",
"footnote": "",
"is_definition": true,
"sort_order": 110
},
{
"number": "3",
"title": "Section 3(d)",
"chapter": null,
"content": "(d) \"Education Department\" means the\nDepartment of Education of the\nGovernment of Assam.",
"footnote": "",
"is_definition": true,
"sort_order": 120
},
{
"number": "3",
"title": "Section 3(e)",
"chapter": null,
"content": "(e) \"Fund\" means the Council for Higher\nSecondary Education Fund constituted\nunder this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 130
},
{
"number": "3",
"title": "Section 3(f)",
"chapter": null,
"content": "(f) \"Principal\" means the head of the\nteaching staff of a Higher Secondary\nSchool or College by whatever name\nhe or she is designated;",
"footnote": "",
"is_definition": true,
"sort_order": 140
},
{
"number": "3",
"title": "Section 3(g)",
"chapter": null,
"content": "(g) \"Higher Secondary School\" means a\nSchool or Department of a School\ngiving instructions in Higher Secon-\ndary Education (plus two stage) and\npreparing students for Higher Second-\ndary School Leaving Certificate\nExamination.",
"footnote": "",
"is_definition": true,
"sort_order": 150
},
{
"number": "3",
"title": "Section 3(h)",
"chapter": null,
"content": "(h) \"Junior College\" means a College or\nDepartment of a College giving\ninstructions in plus two stage and\npreparing students for Higher Secon-\ndary School Leaving Certificate\nExamination.",
"footnote": "",
"is_definition": true,
"sort_order": 160
},
{
"number": "3",
"title": "Section 3(i)",
"chapter": null,
"content": "(i) \"Managing Committee\" means a Mana-\nging Committee of a Higher Secon-\ndary School.",
"footnote": "",
"is_definition": true,
"sort_order": 170
},
{
"number": "3",
"title": "Section 3(j)",
"chapter": null,
"content": "(j) \"Governing Body\" means a Governing\nBody of a College.",
"footnote": "",
"is_definition": true,
"sort_order": 180
},
{
"number": "3",
"title": "Section 3(k)",
"chapter": null,
"content": "(k) \"Recognised\" means recognised by the\nCouncil for the purpose of admission\nto the previleges of the Council or\nprior to recognition by the Council\nby any University established by law\nin India or by any Board recognised\nby the State Government.",
"footnote": "",
"is_definition": true,
"sort_order": 190
},
{
"number": "3",
"title": "Section 3(l)",
"chapter": null,
"content": "(l) \"Regulation\" means a regulation made\nby the State Government under this\nAct;",
"footnote": "",
"is_definition": true,
"sort_order": 200
},
{
"number": "3",
"title": "Section 3(m)",
"chapter": null,
"content": "(m) \"Rule\" means a rule made by the State\nGovernment under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 210
},
{
"number": "3",
"title": "Section 3(n)",
"chapter": null,
"content": "(n) \"Higher Secondary Education\" means\nsuch education as is designed to meet\nthe needs of the plus two stage which\nfollows immediately the stage of\nSecondary Education and precedes\nimmediately the stage of Degree or\nDiploma Education controlled by the\nUniversity established by law in\nIndia or by a Council constituted by\nGovernment for this purpose;",
"footnote": "",
"is_definition": true,
"sort_order": 220
},
{
"number": "3",
"title": "Section 3(o)",
"chapter": null,
"content": "(o) \"Secretary\" means the Secretary of the\nCouncil.",
"footnote": "",
"is_definition": true,
"sort_order": 230
},
{
"number": "3",
"title": "Section 3(p)",
"chapter": null,
"content": "(p) \"Notification\" means a notification pub-\nlished in the Official Gazette.",
"footnote": "",
"is_definition": true,
"sort_order": 240
},
{
"number": "3",
"title": "Section 3(q)",
"chapter": null,
"content": "(q) \"Government\" means the State\nGovernment of Assam.",
"footnote": "",
"is_definition": true,
"sort_order": 250
},
{
"number": "3",
"title": "Section 3(r)",
"chapter": null,
"content": "(r) \"State\" means the State of Assam.",
"footnote": "",
"is_definition": true,
"sort_order": 260
},
{
"number": "4",
"title": "Section 4. Establishment of the Council and its status",
"chapter": null,
"content": "4. (1) The Government shall as soon as\nmay be after the commencement of\nthis Act, establish by notification, a\nCouncil for regulation, supervision\nand development of Higher Secon-\ndary Education in accordance with\nthe provisions of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "4",
"title": "Section 4(2)",
"chapter": null,
"content": "(2) The Council shall be a body corpor-\nate having perpetual succession and\na common seal and shall have power\nto acquire and hold property, both\nmovable and immovable, and to\ntransfer any property held by it,\nnecessary for the purposes of carry-\ning out its duties and functions, and\nshall by the said name sue or be\nsued.",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "5",
"title": "Section 5. Constitution of the Council",
"chapter": null,
"content": "5. (1) The Council shall consist of the fol-\nlowing members namely :\n(i) a Chairman to be nominated by\nthe Government.\nEx-Officio Members :-\n(ii) Director of Public Instructions,\nAssam.-Vice Chairman.\n(iii) Director of Agriculture, Assam.\n(iv) Director of Technical Education,\nAssam.\n(v) Director of Health Services, As-\nsam.\n(vi) Director of Industries, Assam.\n(vii) Dean, Assam Agricultural Col-\nlege, AAU, Jorhat.\n(viii) Dean, Assam Veterinary College,\nAAU, Khanapara.\n(ix) Chairman, Board of Secondary\nEducation, Assam.\nMembers to be nominated by the\nGovernment\n(x) One Inspector of Schools.\n(xi) One Principal from any Govern-\nment Higher Secondary Schools.\n(xii) One Principal from any Pro-\nvincialised Higher Secondary\nSchools.\n(xiii) One Principal from any Deficit\nColleges under the Dibrugarh\nUniversity.\n(xiv) One Principal from any Deficit\nColleges under the Gauhati\nUniversity.\n(xv) One Principal from any Govern-\nment Colleges.\n(xvi) One representative of each of the\nUniversities of the State on the\nrecommendations of respective\nVice-Chancellors.\n(xvii) One Principal from any Teachers'\nTraining Colleges.\n(xviii) One Principal from any Engine-\nering Colleges.\n(xix) Two Principals from Junior Col-\nleges-One from each University.\n(xx) Two representatives from recog-\nnised Higher Secondary School/\nJunior College Teachers' Associa-\ntion.\nCo-opted Members:\n(xxi) The Council shall have power to\nco-opt not more than three\nmembers from amongst the dis-\ntinguished educationists of the\nState.\n(xxii) The Government shall appoint an\nofficer of the Government as Ex-\nOfficio Secretary of the Council\nwho shall also be an Ex-Officio\nmember of the Council. The\nemoluments of the Ex-Officio\nSecretary shall be determined by\nthe Government and shall be paid\nfrom the Council's fund.",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "5",
"title": "Section 5(2)",
"chapter": null,
"content": "(2) The Chairman shall be nominated by\nthe Government for a term of three\nyears and shall be eligible for re-nomina-\ntion for a second term only.",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "5",
"title": "Section 5(3)",
"chapter": null,
"content": "(3) The Government may remove the\nChairman before the expiry of his term\nof appointment by giving one month's\nnotice thereto, in writing, if the Govern-\nment considers his continuance as Chair-\nman, for good and sufficient grounds, to\nbe detrimental to the interest of the\nCouncil.",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "5",
"title": "Section 5(4)",
"chapter": null,
"content": "(4) The emoluments of the Chairman and\nother terms and conditions of his ser-\nvice shall be determined by the Govern-\nment and such emoluments shall be paid\nfrom the Council's fund.",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "5",
"title": "Section 5(5)",
"chapter": null,
"content": "(5) The Chairman shall preside over all the\nmeetings of the Council and of the dif-\nferent committees constituted by it. In\nthe absence of the Chairman, the Vice-\nChairman shall preside over the meet-\nings of the Council or of any committee.",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "6",
"title": "Section 6. Publication of the names of the members of the Council",
"chapter": null,
"content": "6. The names of persons nominated or co-\nopted as members of the Council, shall be pub-\nlished by notification in the Official Gazette by\nthe Government.",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "7",
"title": "Section 7. Term of Office of members",
"chapter": null,
"content": "7. Term of Office of members -\n(i) Nominated members shall hold office\nfor a term of three years from the\ndate of the notification published under\nSection 6 and the term of office of co-\nopted members shall terminate on the\nsame date as that of the nominated\nmembers:",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "7",
"title": "Proviso to Section 7(i)",
"chapter": null,
"content": "Provided that the Government may,\nby notification, in the Official Gazette,\nextend the term not exceeding one\nyear.",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "7",
"title": "Section 7(ii)",
"chapter": null,
"content": "(ii) Notwithstanding the expiry of the term\nof three years specified in clause (i)\nthe term of office of the outgoing mem-\nbers shall be deemed to extend to the\ndate on which the names of the newly\nnominated members are published\nunder Section 6.",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "8",
"title": "Section 8. Disqualifications for membership",
"chapter": null,
"content": "8. (1) A person shall not be eligible for\nnomination or co-option as a member\nof the Council or of the Committees\nformed by it, if he -\n(a) has been adjudged by a court of\nlaw to be of unsound mind;\n(b) is an undischarged insolvement;\n(c) has been convicted by a court of\nlaw for an offence involving moral\nturpitude.",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "8",
"title": "Section 8(2)",
"chapter": null,
"content": "(2) If a nominated or co-opted member of\nthe Council or any Committee formed\nby it, becomes, subject to any of the\ndisqualifications specified in sub-sec-\ntion (I), his membership shall cease.",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "8",
"title": "Section 8(3)",
"chapter": null,
"content": "(3) All disputes relating to the eligibility\nof any person for nomination/co-option\nshall be referred to the Government\nwhose decision on such matters shall\nbe final.",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "9",
"title": "Section 9. Resignation of member and casual vacancy etc.",
"chapter": null,
"content": "9. (1) The Chairman may resign his seat by\ngiving notice thereto in writing to the\nGovernment and he shall be deemed\nto have vacated his seat from the\ndate of acceptance of his resignation\nby the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "9",
"title": "Section 9(2)",
"chapter": null,
"content": "(2) A member of the Council, other than\nan Ex-Officio member may resign\nhis seat by giving notice thereof in\nwriting to the Chairman, and such\nmember shall be deemed to have\nvacated his seat from the date of\nacceptance of his resignation by the\nChairman.",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "9",
"title": "Section 9(3)",
"chapter": null,
"content": "(3) The Government may, by notification,\nremove any nominated or co-opted\nmember who remains absent from\nthree consecutive meetings of the\nCouncil without the leave of the\nCouncil.",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "9",
"title": "Section 9(4)",
"chapter": null,
"content": "(4) In the event of a casual vacancy oc-\ncurred by resignation, removal, death\nor disqualification of a member, such\nvacancy shall be filled by nomination\nor co-option, as the case may be in\nthe manner provided in Section 5:",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "9",
"title": "Section 9(5)",
"chapter": null,
"content": "(5) Any person nominated or co-opted to\nfill a casual vacancy shall hold office\nfor the unexpired portion of the\nterm of office of the member in whose\nplace he is nominated or co-opted.",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "10",
"title": "Section 10. Meeting of the Council",
"chapter": null,
"content": "10. (i) Ordinary Meetings The Council\nshall meet not less than thrice a year,\nbut four months shall not intervene\nbetween two successive meetings.\n(ii) Special Meetings-The Chairman, may,\nat any time, and shall upon requisi-\ntion made by not less than one-third\nof the members of the Council other\nthan the ex-officio members and on\na date not more than twenty-one\ndays of the receipt of such requisition,\ncall a special meeting of the Council.\n(a) Twenty-one days' notice shall be given\nfor ordinary meetings and ten days' \nnotice for special meetings of the\nCouncil.",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "11",
"title": "Section 11. Quorom",
"chapter": null,
"content": "11. (i) Nine members of the Council shall\nform a quorum for a meeting of the\nCouncil.",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "11",
"title": "Section 11(ii)",
"chapter": null,
"content": "(ii) Subject to the provisions contained\nin sub-clause (i) no act or proceedings\nof the Council shall be invalid merely\nby reason of the existence of any\nvacancy among the members of the\nCouncil.",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "12",
"title": "Section 12. Officers of the Council",
"chapter": null,
"content": "12. (1) The following shall be the officers\nof the Council:\n(i) The Chairman,\n(ii) The Secretary,\n(iii) The Controller of Examination,\n(iv) The Deputy Secretary (Academic),\n(v) The Deputy Secretary (Administration).",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "12",
"title": "Section 12(2)",
"chapter": null,
"content": "(2) The Council may appoint such other\nofficers and employees as it may\nconsiders necessary for the efficient\ndischarge of its functions under this\nAct on such terms and conditions as\nmay be determined by regulations\nmade by the Council subject to the\napproval of the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "13",
"title": "Section 13. Powers and duties of the Council",
"chapter": null,
"content": "13. (1) Subject to the provisions of this Act\nthe powers and duties of the Council\nshall be as follows, namely :-\n(i) to prescribe curriculum, syllabus, and\ncourses of instructions for Higher\nSecondary Stage which may be im-\nparted in a College or Higher Secon-\ndary School;\n(ii) to conduct examinations based on\nsuch courses;\n(iii) to admit to its examinations, on condi-\ntions that may be prescribed by\nregulations, candidates who have\npursued the prescribed courses of\ninstruction and also to take such\ndisciplinary action against candidates\nas may be prescribed by regulation;\n(iv) to demand and receive such fees as\nmay be prescribed by regulations;\n(v) to publish the results of its examina-\ntion;\n(vi) to grant certificates to students pas-\nsing the examinations;\n(vii) to institute and award scholarships,\nprizes etc.\n(viii) to prescribe and select text books and\nsupplementary books;\n(ix) to lay down conditions of recognition\nof Higher Secondary Schools, and\njunior Colleges;\n(x) to recognise Higher Secondary Schools\nand to withdraw such recognition;\n(xi) to take such disciplinary action as it\nthinks fit against institutions as\nprescribed by regulations;\n(xii) to adopt measures for study and\nexamination of problems in the field\nof Higher Secondary Education;\n(xiii) to advise the Government on physi-\ncal, moral and social welfare of stu-\ndents in recognised institutions, and\nto prescribe conditions of their resi-\ndence and discipline;\n(xiv) to prescribe necessary qualifications of\nteachers in recognised Higher Secon-\ndary Schools;\n(xv) to receive grants from the Govern-\nment and donations from private and\nindividuals or associations for specific\nor general purposes;\n(xvi) to call for reports from the Director\nof Public Instructions regarding the\nconditions of recognised institutions\nor of institutions applying for recogni-\ntion;\n(xvii) to advise the Government on re-\norganisation and development of Hig-\nher Secondary Education;\n(xviii) to advise the Government relating to\nany matter within the provisions of\nthis Act on which the Government\nmay consult the Council;\n(xix) to appoint officers and other em-\nployees of the Council, and to pres-\ncribe by regulations the terms and\nconditions of their services;\n(xx) to institute by regulations for the\nbenefit of its officers and other em-\nployees such pension, gratuity and\nprovident fund as it may deem fit in\nsuch manner, and subject to such\nconditions as may be prescribed by\nregulations.\n(xxi) to delegate any of its powers to any\nCommittee constituted under this\nAct;\n(xxii) to administer the Higher Secondary\nEducation Council Fund;\n(xxiii) to receive, purchase and hold any\nproperty, movable or immovable,\nwhich may become vested in it, and\nto dispose of all or any of the pro-\nperty, movable or immovable belong-\ning to it, and also to do all other acts\nincidental or appertaining thereto;\n(xxiv) to do all such acts and things as may\nbe necessary to carry out the pur-\nposes of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "13",
"title": "Section 13(2)",
"chapter": null,
"content": "(2) It shall be the endevour of the Coun-\ncil to prepare and publish text books\nand Supplementary books through\nthe Assam State Text Book Produc-\ntion and Publication Corporation Ltd.,\na Government undertaking.",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "13",
"title": "Explanation to Section 13(2)",
"chapter": null,
"content": "If, however, the Assam State Text Book\nProduction and Publication Corporation Ltd.,\nfails to prepare and publish text books and\nsupplementary books within a reasonable period,\nthe Council will have freedom to prepare and\npublish them through any other agencies or\nunder its own control giving proper notice to the\nAssam State Text Book Production and Publi-\ncation Corporation Ltd.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "14",
"title": "Section 14. Powers of the Government",
"chapter": null,
"content": "14. Notwithstanding anything contained in\nthis Act -\n(1) The Government shall have the right\nto address the Council with reference\nto anything conducted or done by the\nCouncil and to communicate its views\non any matter with which the Council\nis concerned.",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "14",
"title": "Section 14(2)",
"chapter": null,
"content": "(2) The Council shall report to the\nGovernment such action, if any, as it\nproposes to take or has taken, on the\ncommunication of the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "14",
"title": "Section 14(3)",
"chapter": null,
"content": "(3) The Government may after consulta-\ntion with the Council issue such direc-\ntions consistent with the provisions of\nthis Act, as it may think fit, and the\nCouncil shall comply with such direc-\ntions.",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "14",
"title": "Section 14(4)",
"chapter": null,
"content": "(4) The Government may, by order in\nwriting specifying the reasons thereof,\nsuspend the execution of any resolution\nor order of the Council and prohibit\nthe doing of an act ordered to be done\nby Council, if the Government is of\nthe opinion that such resolution, order\nor act is in excess of the powers con-\nferred upon the Council by or under\nthis Act.",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "14",
"title": "Section 14(5)",
"chapter": null,
"content": "(5) The Government may, after consulta-\ntion with the Council, suspend or re-\nmove a member whose continuance\nas a member of the Council is consi-\ndered to be detrimental to the inte-\nrest of the Council.",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "15",
"title": "Section 15. Constitution of Higher Secondary Education Council Fund",
"chapter": null,
"content": "15. A fund to be called Higher Secondary\nEducation Council Fund shall be constituted and\nall sums received by or on behalf of the Council\nunder this Act shall be placed to the credit\nthereof.",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "16",
"title": "Section 16. Custody and investment of the Higher Secondary Education Council Fund",
"chapter": null,
"content": "16. All moneys at the credit of the Fund\nshall be kept in the State Bank of India or the\nAssam Co-operative Apex Bank Ltd. or in any\nnationlised Bank, as the Council may determine.",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "17",
"title": "Section 17. Application of the Fund",
"chapter": null,
"content": "17. Subject to the provisions of this Act, the\nFund shall be applicable only to the payment\nof the charges and expenses incidental to matters\nspecified in this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "18",
"title": "Section 18. Audit of the Account of the Council",
"chapter": null,
"content": "18. The accounts of the Council shall be\naudited only by such agency as may be specified by\nthe Government and a copy of the audited ac-\ncounts shall be submitted by the Council to the\nGovernment by such date each year as the\nGovernment may specify.",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "19",
"title": "Section 19. Powers and duties of the Chairman",
"chapter": null,
"content": "19. (1) It shall be the duty of the Chairman\nto see that the provisions of this Act\nand the regulation, made under it are\nfaithfully observed, and the decisions\nof the Council are duly implemented\nand he shall have all the powers neces-\nsary for this purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "19",
"title": "Section 19(2)",
"chapter": null,
"content": "(2) The Chairman shall have power to\nconvene meetings of the Council.",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "19",
"title": "Section 19(3)",
"chapter": null,
"content": "(3) When any emergency arising out of\nadministrative business of the Coun-\ncil requires, in the opinion of the Chair-\nman, that immediate action should be\ntaken, the Chairman shall take such\naction as he deems necessary and re-\nport his action to the Council at its\nnext meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 650
},
{
"number": "19",
"title": "Section 19(4)",
"chapter": null,
"content": "(4) The Chairman shall exercise such\nother powers as may be prescribed\nby the regulations.",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "20",
"title": "Section 20. Powers and duties of Secretary",
"chapter": null,
"content": "20. The Secretary of the Council shall be\nthe Principal Administrative Officer, and shall\nsubject to the control of the Chairman, perform\nsuch duties as may be prescribed by regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "21",
"title": "Section 21. Powers and duties of other Officers",
"chapter": null,
"content": "21. Other Officers will have such powers\nand duties as may be prescribed by regulations.",
"footnote": "",
"is_definition": false,
"sort_order": 680
},
{
"number": "22",
"title": "Section 22. Committees of Council",
"chapter": null,
"content": "22. (I) The Council shall, for the purpose of\ncarrying out its duties and functions\nimposed under this Act, appoint the\nfollowing committees namely :-\n(i) Curriculum and syllabus Committee.\n(ii) Examination Committee.\n(iii) Recognition Committee.\n(iv) Finance Committee.\n(v) Administration Committee and\n(vi) Such other Committees as may be\nfound necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 690
},
{
"number": "22",
"title": "Section 22(2)",
"chapter": null,
"content": "(2) Every such committee shall consist of\nsuch members of the Council and of such\nother persons as the Council may\nappoint.",
"footnote": "",
"is_definition": false,
"sort_order": 700
},
{
"number": "22",
"title": "Section 22(3)",
"chapter": null,
"content": "(3) Every such Committee except the\nAdministration Committee and the\nExamination Committee, may co-opt\npersons to be members to the extent of\none third of the members appointed to it.",
"footnote": "",
"is_definition": false,
"sort_order": 710
},
{
"number": "22",
"title": "Section 22(4)",
"chapter": null,
"content": "(4) Members of such Committee shall hold\noffice for such time as the Council may\ndetermine.",
"footnote": "",
"is_definition": false,
"sort_order": 720
},
{
"number": "22",
"title": "Section 22(5)",
"chapter": null,
"content": "(5) Subject to the provisions of this Act and\nthe rules made thereunder the duties\nand functions of the Committees shall\nbe determined by regulations.",
"footnote": "",
"is_definition": false,
"sort_order": 730
},
{
"number": "23",
"title": "Section 23. Exercise of powers delegated by the Council to Committees",
"chapter": null,
"content": "23. All matters relating to exercise of\npowers conferred upon the Council by\nthis Act which are by regulations dele-\ngated to any committee appointed under\nsection 22 shall stand referred to that\nCommittee, and the Council before\nexercising such powers shall receive and\nconsider the report or recommendation of\nthe Committee with respect to the matter\nin question.",
"footnote": "",
"is_definition": false,
"sort_order": 740
},
{
"number": "24",
"title": "Section 24. Power of Council to make regulations",
"chapter": null,
"content": "24. (1) The Council may subject to the\napproval of the Government make\nregulations for the purpose of\ncarrying out the provisions of this\nAct.",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
{
"number": "24",
"title": "Section 24(2)",
"chapter": null,
"content": "(2) In particular and without prejudice\nto the generality of the foregoing\npowers, the Council may make re-\ngulations providing for all or any\nof the following matters namely:-\n(a) the constitution, powers and\nduties of Committee appointed\nunder Section 22;\n(b) courses of study to be laid down\nfor different examinations;\n(c) marks required for passing in any\nsubject and the examination as\na whole, and for credit and dis-\ntinction in any subject;\n(d) qualifications, appointment and\nremuneration of examiners, pa-\nper-setters and others;\n(e) conducting examinations and\npublishing the results;\n(f) conditions of recognition of Hig-\ner Secondary Schools and\nJunior Colleges;\n(g) conditions under which candi-\ndates shall be admitted to the\nexaminations of the Council;\n(h) disciplinary measures for malpra-\nctices in examinations;\n(i) fixing of fees and charges in\nrespect of examinations;\n(j) provident fund, etc. for the bene-\nfit of the employees of the Coun-\ncil;\n(k) rate of travelling and daily al-\nlowances to the non-official mem-\nbers of the Council or Commit-\ntees;\n(l) delegation of powers or assign-\nment of functions to Committees\nformed under this Act;\n(m) all matters which, by this Act\nare to be or may be provided for\nby regulations:",
"footnote": "",
"is_definition": false,
"sort_order": 760
},
{
"number": "24",
"title": "Proviso to Section 24(2)",
"chapter": null,
"content": "Provided that all regulations, alterations\nand revocation thereof shall be subject to appro-\nval by the Government and published in the\nOfficial Gazette.",
"footnote": "",
"is_definition": false,
"sort_order": 770
},
{
"number": "25",
"title": "Section 25. Council to furnish report, returns etc. to the Government",
"chapter": null,
"content": "25. The Council shall furnish to the Govern-\nment such reports, returns and statements and\nsuch other information relating to any matter\nunder the control of the Council as the Govern-\nment may require.",
"footnote": "",
"is_definition": false,
"sort_order": 780
},
{
"number": "26",
"title": "Section 26. Powers of the Government to reconstitute the Council",
"chapter": null,
"content": "26. If in the opinion of the Government, the\nCouncil has shown its incompetence to perform\nor persistently made default in the performance\nof the duties imposed, or exceeded or abused\nthe powers conferred upon it by or under this\nAct, the Government shall formulate in writing\nspecific charges against the Council in respect\nof those matters and shall forward a copy of such\ncharges to the Council with direction to submit\nany comments or explanations in respect there-\nof to the Government within such period as may\nbe specified in this behalf. After the considera-\ntion of the comments or explanations submitted\nby the Council, the Government may, if it thinks\nfit, by notification supersede the Council and\nthereafter reconstitute the Council in accor-\ndance with the provision of Section 5 and in every\nsuch case, the Government shall, as soon as may\nbe, lay before the State Legislature a copy of the\nsaid notification together with the statement\nof the reasons which led to such reconstitution.",
"footnote": "",
"is_definition": false,
"sort_order": 790
},
{
"number": "27",
"title": "Section 27. Vesting of powers till reconstitution of the Council",
"chapter": null,
"content": "27. Until the Council is reconstituted after\nsupersession under Section 26, the duties and\npowers of the Council shall be performed and\nexercised by, and the property of the Council\nshall vest in, such person or authority as the\nGovernment may specify by notification.",
"footnote": "",
"is_definition": false,
"sort_order": 800
},
{
"number": "28",
"title": "Section 28. Power of Government to make rules",
"chapter": null,
"content": "28. (1) The Government may make rules\nfor carrying out the purposes of this\nAct.",
"footnote": "",
"is_definition": false,
"sort_order": 810
},
{
"number": "28",
"title": "Section 28(2)",
"chapter": null,
"content": "(2) Every rule made under this Act shall\r\nbe laid as soon as may be after it\r\nis made, before the Assam Legislative\r\nAssembly while it is in session for\r\na total period of fourteen days, which\r\nmay be comprised in one session or\r\nin two successive sessions, and if, be-\r\nfore the expiry of the session in\r\nwhich it is so laid or the session im-\r\nmediately following, the Assam\r\nLegislative Assembly agree in making\r\nany modification in the rule or the\r\nAssam Legislative Assembly agree\r\nthat the rule should not be made,\r\nthe rule shall thereafter have effect\r\nonly in such modified form or be of\r\nno effect, as the case may be; so howe-\r\nver, that any such modification or\r\nannulment shall be without prejudice\r\nto the validity of anything previously\r\ndone or omitted to be done under that\r\nrule.\r\n\r\nMD. SAADULLAH,\r\nSecretary to the Govt. of Assam,\r\nLegislative Department.\r\n\r\nGAUHATI.- Printed and published by the Supdt. i/c. Assam Govt. Printing Press\r\n(Ex-Gazette) No. 179-1,040-250-18-4-1984.",
"footnote": "",
"is_definition": false,
"sort_order": 820
}
],
"metadata": {
"Act ID": "198417",
"Act Number": "XVII",
"Enactment Date": "1984-04-16",
"Act Year": "1984",
"Short Title": "The Assam Higher Secondary Education Act, 1984",
"Department": "LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:52:02"
}