Bihar High Schools (Constitution, Powers and Functions of Managing Committee) Rules, 1964

{
    "id": 15335,
    "slug": "bihar-high-schools-constitution-powers-and-functions-of-managing-committee-rules-1964",
    "title": "Bihar High Schools (Constitution, Powers and Functions of Managing Committee) Rules, 1964",
    "short_title": "Bihar High Schools (Constitution, Powers and Functions of Managing Committee) Rules, 1964",
    "act_number": "Published vide Notification No. 2601, dated July 2",
    "act_year": 1964,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar High Schools (Constitution, Powers and Functions of Managing Committee) Rules, 1964",
    "preamble": "",
    "section_label": "Article",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "Chapter II\nDefinitions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"The Act\" means the Bihar High Schools (Control and Regulation of Administration) Act, 1960 (Bihar Act XIII of 1960);\n(2) \"Committee\" means the Managing Committee of School;\n(3) \"Deputy Director\" means the Regional Deputy Director of Education of the area;\n(4) \"Director\" means the Director of Public Instruction, Bihar;\n(5) \"District Inspectress\" means the District Inspectress of Schools;\n(6) \"Donor\" means a person who has donated to the satisfaction of the Inspectress in the case of a school for girls and the District Education Officer in other cases, a sum not less than Rs. 5,000 in cash or in Government securities or property of equivalent value certified to be so by the Land Reforms Deputy Collector having jurisdiction over the area concerned, in one or more instalments, to or for the purpose of the school and is declared as such by the Inspectress or the District Education Officer, as the case may be;\n(7) \"Guardian\" means a person whose name is recorded as such in the Admission Register of the School at the time of admission;\n(8) \"Headmaster\" included Principal, Lady Principal, Head Mistress or any person, appointed as head of a school by the authority competent to appoint;\n(8-A) \"Hereditary member\" means a person who has donated, to the satisfaction of the Inspectress in case of school for girls; and Deputy Director in other cases, a sum not less than Rs. 50,000 in cash or in Government Securities or property of equivalent value certified to be so by the Land Reforms Deputy Collector of the area concerned, in one or more instalments, to or for the purpose of the school and includes, after his death, a person nominated by him in writing during his lifetime to be such member from amongst the persons who would have been his heirs had he died intestate at the midnight between the date of nomination and the day just preceding such date;\n(9) \"Inspectress\" means the Inspectress of Schools, Bihar;\n(10) \"Life member\" means a persons who has donated, to the satisfaction of the Inspectress in case of school for girls, and Deputy Director in other cases, a sum not less than Rs. 10,000 in cash or in Government securities or property of equivalent value certified to be so by the Land Reforms Deputy Collector of the area concerned, in one or more instalments, to or for the purposes of the school and is declared as such by the Inspectress or Deputy Director as the case may be;\n(11) \"President\" means the president of the Managing Committee of a school;\n(12) \"Proprietor\" means a private individual, a group of individuals, a trust, an association or a corporate body who have been bearing the entire financial responsibility, for the running of a proprietary school and have been declared as such by the Director;\n(13) \"Proprietary School\" means a school the entire financial responsibility for the running of which is borne by a private individual, a group of private individuals, a trust, an association or a corporate body, and which is declared as such by the Director;\n(14) \"School\" means a recognised High school, not owned by the State Government, imparting instruction in Secondary or Higher Secondary Education;\n(15) \"Section\" means a Section of the Act;\n(16) \"Subsidised School\" means a school which is in receipt of subsidy from the State Government for the purpose of meeting the entire deficit in its maintenance and which is declared as such by the State Government;\n(17) All words and expressions used in these Rules but not defined herein shall have the same meanings as are respectively assigned to them in the Act.\nChapter III\nConstitution of Managing Committee of a School other than a Proprietary School",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Constitution of Managing Committee of a School other than a proprietary school.",
            "chapter": null,
            "content": "(1) All hereditary members and life members (declared under Rule 4);\n(2) The Headmaster ( ex-officio );\n(3) A teacher's representative, to be appointed by the Headmaster in the manner laid down in Rule 5;\n(4) An officer of the Education Department of the State Government to be nominated by the President of the Board of Secondary Education;\n(5) Two donors, if available, to be elected in the manner laid down in Rule 6;\n(6) Two guardians, to be elected in the manner laid down in Rule 7;\n(7) One member of the State Legislature representing or residing in the Assembly constituency in which the school is situated to be co-opted by the members referred to in items (1), (4), (5) and (6) of this Rule;\n(8) Three persons of the locality, interested in education, of which one shall be a member of the Scheduled Castes or Scheduled Tribes if not otherwise a member, to be co-opted by the members referred to in items (1) to (7) of this Rule.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Hereditary member and life-member.",
            "chapter": null,
            "content": "(1) Subject to the provisions of clause (a) of Rule 15, each hereditary member and life member shall become a member of the committee for his lifetime with effect from the date of being declared as such under sub-rule (1).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Appointment of teachers' representative and the term of his membership.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Election of donors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Selection of Guardian.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Co-option of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Election of the President and the Secretary of the Managing Committee of a School other than a subsidised and proprietary School.",
            "chapter": null,
            "content": "(a) Secretary may at any time resign from the office, in which case, his resignation will be effective from the date if it is accepted by the Committee,\n(b) the committee may at any time decide, by at least two thirds of the total membership to remove the Secretary. The decision of the Committee shall take effect from the date the resolution in that behalf is passed by the Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Appointment of the President and the Secretary of the Managing Committee of a subsidised school and the term of their offices.",
            "chapter": null,
            "content": "(a) the retiring Secretary may be eligible for being re-appointed for another term;\n(b) the President of the Board of Secondary Education may remove a Secretary before the expiry of the term, after giving him a reasonable opportunity to explain his conduct;\n(c) the person, so appointed by the President of the Board of Secondary Education, may at any time resign from the office, in which case his resignation shall take effect from the date he makes over charge of the office to his successor duly nominated by the President of the Board of Secondary Education, and.\n(d) if a person so nominated by the President of the Board of Secondary Education is already a member of the Committee, he shall cease to be the Secretary on the expiry of the term of his membership of the Committee but he shall continue to act as Secretary and shall be deemed to be an additional member of the Committee during the period that may elapse between the date of expiration of his term as member and that on which he makes over charge to his successor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "10A",
            "title": "10A. Suspension or removal of the President, Secretary or Members of the Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "10B",
            "title": "10B. Notice.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "10C",
            "title": "10C. Quorum.",
            "chapter": null,
            "content": "Chapter IV\nConstitution of Managing Committee of a Proprietary School",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "11",
            "title": "11. Constitution of Managing Committee of a Proprietary School.",
            "chapter": null,
            "content": "(a) the Headmaster;\n(b) a teachers' representative to be appointed by the Headmaster;\n(c) the Deputy Inspectress of Schools ( ex-officio ) in the case of a school for girls; or\n(d) not exceeding four persons to be nominated by the proprietor;\n(e) two guardians to be elected by the rest of the members in the manner specified in Rule 13.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "11",
            "title": "12. Nominations by the proprietor referred to in clause (d) of Rule 11 and the term of their office.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "13",
            "title": "13. Selection of guardians and the term of their office",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "14",
            "title": "14. Appointment of President and Secretary of Managing Committee of a Proprietary School.",
            "chapter": null,
            "content": "(a) the retiring President or Secretary may be eligible for being re-appointed for another term;\n(b) a person so appointed, may be removed before the expiry of his term by the President of the Board of Secondary Education after giving him a reasonable opportunity to explain his conduct;\n(c) a person, so appointed, may at any time resign his office, in which case his resignation will take effect from the date he makes over charge to the person duly appointed to hold that post;\n(d) a person shall cease to be the President or Secretary on the expiration of the term of his membership of the committee but in such a case till the time he makes over charge of his office, he shall continue to hold the office and shall be deemed to be an additional member of the committee during the period that may elapse between the date of the expiration of his term as a member and that on which he makes over charge of his office to his successors.\nChapter V\nGeneral Provisions Applicable to all Managing Committee\n15.\n(b) Members of the Committee other than ex-officio members, hereditary members, life-members, or such members as are members of the State Legislature, shall cease to be such members if they do not attend four consecutive meetings of the committee without leave of the committee.\n16.\n17.\n17A.\n18.\n(b) Any vacancy in the membership of the committee for whatever reason it might be, or non-participation by any member on the working of the committee for any reason whatsoever, shall not prevent the committee, after it has been constituted for the first time, from exercising its powers and functions and shall not invalidate the actions taken in the exercise of such powers and functions.\n19.\n20.\n21.\n22.\n23.\n24.\n25.\n26.\n27.\n28.\n29.\n30.\nChapter VI\nPowers and Functions of a Managing Committee\n31.\n(i) to acquire by gift, purchase, lease or otherwise any property, movable or immovable, which may be necessary for the purposes of the school and to construct, alter and maintain any building or buildings for the purposes of the school;\n(ii) to deal with any property belonging to the school in such manner as it deems fit in the interest of the school;\n(iii) to receive grants, subscriptions, and donations for the purposes of the school;\n(iv) to maintain a fund to which shall be credited-\n(a) all monies provided by the Government of India and the Government of Bihar;\n(b) all fees and other charges received from the school;\n(c) all monies received by it by way of grants, gifts, donations, benefactions, bequests or transfers; and\n(d) all monies received by it in any other manner from any other source;\n(v) to deposit and invest monies, belonging to the said fund in such manner as may be approved by the Director or as may be prescribed;\n(vi) to regulate the expenditure within the fund available;\n(vii) to maintain proper accounts and other relevant records, and to prepare an annual statement of accounts and to get the accounts of the school audited;\n(viii) to prepare budget estimates for each year;\n(ix) to fix and demand fees and charges consistent with the Rules prescribed in this regard;\n(x) to institute and award scholarships, prizes medals;\n(xi) to establish, maintain and manage hostels and to provide such other accommodations as are necessary for the residence of the students, to supervise and control the residence and to regulate the discipline of the students of the school and to make arrangements for the promotion of their general health, welfare and cultural and community life;\n(xii) to make arrangements for the teaching of different subjects in accordance with the Syllabus laid down by the competent authority and to hold school examinations therein;\n(xiii) to create with the approval of the Board of Secondary Education teaching, administrative, ministerial and inferior posts and to make appointments thereto in accordance with the Rules, laid down in that regard;\n(xiv) to appoint teaching and other staff in vacancies in the existing posts, to grant extension of service and to impose penalties on such members of the staff in accordance with the Rules prescribed in that regard;\n(xv) to exercise, administrative and disciplinary control on the members of the teaching and other staff of the school, subject to the Rules prescribed in that regard;\n(xvi) to constitute such sub-committees as it may deem fit;\n(xvii) to delegate any of its powers to any member or committee constituted by it;\n(xviii) to enter into agreement for and on behalf of the school;\n(xix) to see and defend all legal proceedings on behalf of the school;\n(xx) to appoint, in order to execute any instrument or transact any business of the school, any person as attorney of the school with such powers as it may deem fit; and\n(xxi) to do all such other acts or things as may be necessary in the interest, of the school.\nChapter VII\nAuthorities of the Committee and their powers and functions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "32",
            "title": "32. Authorities of the Committee.",
            "chapter": null,
            "content": "(1) the President;\n(2) the Secretary;\n(3) the Headmaster; and\n(4) such other authorities as may be constituted by the Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "33",
            "title": "33. Powers and duties of the President.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "34",
            "title": "34. Powers and duties of the Secretary.",
            "chapter": null,
            "content": "(b) The Secretary may, with the approval of the Committee, delegate any of his powers and functions to any other officer or authority appointed or established under these Rules, but the ultimate responsibility shall vest in him.\n(i) prepare and submit to the committee, for its approval, annual statement of accounts, budget estimates;\n(ii) ensure that monies are expended, within budget estimates approved by the Committee, and for the purpose for which they are granted or allotted;\n(iii) make all payments except from the allotments which the Headmaster is authorised to spend and shall sign, on behalf of the committee, all receipts except receipt for fees and fines;\n(iv) be incharge of invested funds, title-deeds and legal and other documents belonging to the school;\n(v) be competent to spend not more than Rs. 30 a month on unforeseen contingencies over and above the sanctioned scale of expenditure regarding which he shall obtain the approval of the Committee at its next meeting;'\n(vi) receive from the Headmaster daily account of the sums realised in fees and fines or on any other school account;\n(vii) cause the Savings Bank Account to be kept in joint names of the Secretary and the Headmaster;\n(viii) subject to general control of the Committee, exercise such supervision and disciplinary control, as may be necessary;\n(ix) exercise the power of granting leave, other than casual leave, to teachers and ministerial staff in accordance with the Rules in that regard and to make temporary arrangement in place of the absentees;\n(x) have the power of granting casual leave to the Headmaster in accordance with the Rule in that regard;\n(xi) have the power to suspend, in consultation with the Headmaster any assistant teacher or a member of ministerial staff, in which case the matter shall immediately be reported to the Committee for approval;\n(xii) have the power, on the report of the Headmaster, to appoint, dismiss or punish any menial staff of the school; and\n(xiii) prepare the annual list of holidays, or make modification in the list in consultation with the Headmaster.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "35",
            "title": "35. Powers and functions of Headmasters.",
            "chapter": null,
            "content": "Chapter VIII\nMiscellaneous and Transitory provisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "36",
            "title": "36. Constitution of Managing Committee when deemed to be completed.",
            "chapter": null,
            "content": "37.\n38.\n39.\n40.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "41",
            "title": "41. Application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        }
    ],
    "metadata": {
        "Act ID": "bh328",
        "Act Number": "Published vide Notification No. 2601, dated July 27, 1964",
        "Enactment Date": "",
        "Act Year": "1964",
        "Short Title": "Bihar High Schools (Constitution, Powers and Functions of Managing Committee) Rules, 1964",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}