The Bombay Secondary School Certificate Examination Act, 1948

{
    "id": 16734,
    "slug": "the-bombay-secondary-school-certificate-examination-act-1948",
    "title": "The Bombay Secondary School Certificate Examination Act, 1948",
    "short_title": "The Bombay Secondary School Certificate Examination Act, 1948",
    "act_number": "Bombay Act No. 49 of 1948",
    "act_year": 1948,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bombay Secondary School Certificate Examination Act, 1948",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "[(a) \"Board\" means a Secondary School Certificate Examination Board constituted under section 3;]\n[(b) \"examination\" means the Secondary School Certificate Examination;\n(c) \"examiner\" shall include a paper-setter [and moderator] ;\n(d) \"Headmaster\" or \"Headmistress\" means the head of the teaching staff of a recognised high school, by whatever style designated;\n(e) \"notification\" means a notification published in the Official Gazette ;\n(f) \"prescribed\" means prescribed by regulations made by the Board under this Act;\n[(g) \"State\" means the State of Gujarat;]\n(h) \"recognised high School\" means a high school recognised by the [Director of Education] , Gujarat [State] , or an officer authorised by him in this behalf or a high school registered by any University established by law in the [State] [and includes a recognised post basic school] ;\n[(hh) \"recognised post basic school\" means a post basic school recognised by the Director of Education, Gujarat State or an officer authorised by him in this behalf;\n(hhh) \"secondary teachers\" include teachers imparting instruction in recognised post basic schools;]\n(i) \"text book\" means any book prescribed or recommended for the examination [by the Board] and includes a guide-book containing annotations on such text book;\n[***]\n[3. Constitution of Board.\n(A) [Seven ex-officio members]\n(a) the Director of Education, or the Joint or a Deputy Director of Education designated by the State Government;\n(b) the Director of Technical Education or any other officer of the Department of Technical Education designated by the State Government;\n(c) the Director of Agriculture or. any other officer of the Agriculture Department designated by the State Government;\n(d) the Inspector of Commercial Schools or any other officer designated by the State Government to represent the Commercial Schools;\n(e) one Educational Inspector designated by the State Government;\n[(f) one officer of the Education Department not below the rank of Deputy Secretary designated by the State Government;\n(g) the Inspector for Drawing and Craft.]\n[(B) Seven members elected-\n(a) by the Academic Councils of the Universities established by law in the State and of the institutions recognised by the University Grants Commission or declared by the Central Government as Universities in accordance with the provisions of clause (f) of section 2 or of section 3, as the case may be, of the University Grants Commission Act, 1956 (III of 1956); and\n(b) where there are no Academic Councils of any of such Universities or institutions, by the Academic Councils of the Universities or institutions having such Councils and by such authorities of the Universities or institutions having no Academic Councils as may be approved by the State Government, in such manner as may be determined by the State Government by rules made in this behalf.]\n(C) Nominated by the State Government-\n(a) [ten members] , out of whom [not less than five] shall be secondary teachers, from amongst Headmasters, Headmistresses and secondary teachers of recognised high schools in the [State] ;\n(b) one Principal of a secondary training college in the [State] ;\n(c) two persons (not being Headmasters, Headmistresses or secondary teachers) who have had the experience of matters connected with higher or secondary education:\n(i) if he is elected under paragraph (B) and ceases to be the member of the Academic Council or the authority, as the case may be;\n(ii) if he is nominated under clause (a) of paragraph (C) and ceases to be either a Headmaster or a Headmistress or a secondary teacher; and\n(iii) if he is nominated under clause (b) of paragraph (C) and ceases to be a Principal.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 0
        },
        {
            "number": "4",
            "title": "4. Appointment of Chairman.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "5",
            "title": "5. Disqualifications of members.",
            "chapter": null,
            "content": "(i) if he directly or indirectly, by himself or his partner,-\n(a) has or had any shares or interest in any text-book published, or\n(b) has any share or interest in any work done by order of, or in any contract entered into on behalf of the Board:\n(ii) if he is a person against whom an order has been made under sub-section (1) of section 23:\n(a) the publication of a text book shall include its republication;\n(b) a person shall be deemed to have incurred disqualification by reason of his having any share or interest in the business of the publisher of such textbook.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "6",
            "title": "6. Disqualifications of co-opted member.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "7",
            "title": "7. Vacancy owing to disqualification.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "8",
            "title": "8. Vacancy owing to absence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "9",
            "title": "9. Vacancy to be published.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "10",
            "title": "10. Removal from membership.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "11",
            "title": "11. Incorporation of Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "12",
            "title": "12. Term of office of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "13",
            "title": "13. Resignation of member of Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "14",
            "title": "14. Power of Board to co-opt member for special purpose.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "15",
            "title": "15. Powers and duties of Board.",
            "chapter": null,
            "content": "(a) to make regulations for all or any of the matters specified in section 26;\n(b) to make regulations for the purpose of prescribing and recommending any book as a text-book:\n(c) to make regulations for imposing penalties for acts of misconduct committed by students appearing for the examination;\n(d) to appoint examiners and supervisors and to fix their [duties, functions and remuneration] remuneration and to arrange for the conduct of, and for publishing the results of the examination;\n(e) to fix, demand and receive such fees and other charges as may be prescribed;\n(f) to award certificates to students passing the examination;\n[(fa) to receive bequests, donations, endowments, trusts and other transfers of any property or interest therein or right thereto;\n(fb) to hold property, interest or right referred to in clause (fa), and to manage or deal with the same;\n(fc) to award stipends, scholarships, medals, prizes and other rewards;]\n(g) to exercise such other powers and perform such other duties, as may be conferred or imposed on it by or under this Act; and\n(h) to do all such acts and things as may be necessary to carry out the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "16",
            "title": "16. Meeting of Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "17",
            "title": "17. Powers and duties of Chairman.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "18",
            "title": "18. Appointment, powers and duties of Secretary.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "19",
            "title": "19. Appointment of other officers and servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "20",
            "title": "20. Board to pay costs on account of pay, pension, etc. of Chairman, Secretary and other officers and servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "21",
            "title": "21. Examiners committee.",
            "chapter": null,
            "content": "(i) Chairman of the Board- ex-officio Chairman;\n(ii) Six members appointed by the Board in the prescribed manner as specified below:-\n(a) one from amongst the ex-officio members of the Board;\n(b) two from amongst the elected members of the Board; and\n(c) three from amongst the nominated members of the Board.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "22",
            "title": "22. Appointment of Committees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "23",
            "title": "23. Terminations of examiner's appointment for misconduct or negligence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "24",
            "title": "24. Casual vacancies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "25",
            "title": "25. Fund.",
            "chapter": null,
            "content": "(a) fees and charges levied by the Board;\n(b) contribution, if any, paid by the [State] Government; and\n(c) any money received by or on behalf of the Board.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "26",
            "title": "26. Power of Board to make regulations.",
            "chapter": null,
            "content": "(a) subjects and curricula for the examination;\n(b) marks required for passing in any subject and the examination as a whole and for exemption, credit and distinction in any subject;\n(c) admission of candidates to the examination and conditions governing such admission;\n(d) appointment of examiners and their [duties, functions and remuneration] ;\n(e) qualifications and disqualifications of examiners;\n(f) arrangements for the conduct of, and for publishing the results of, the examination;\n(g) fixing of the fees and charges in respect of the examination;\n(h) awarding of certificates to the successful students;\n(i) the procedure to be followed, at the meetings of the Examiners Committee, the number of members required to form a quorum at such meetings and the travelling and other allowances to be drawn by the members of such committee;\n(j) the procedure to be observed before making an order under section 23;\n(k) providing for all matters which by this Act are to be or may be provided for by regulations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "27",
            "title": "27. Sanction of regulations by [State] Government.",
            "chapter": null,
            "content": "[27A. Penalty for disclosure of particulars of certain documents.\n(a) wilfully communicates any such particulars to any person other than a person to whom he is authorised to communicate, or\n(b) uses such particulars in a manner prejudicial to the secrecy thereof, or\n(c) retains such document in his possession or control when he has no right to retain it or where it is contrary to his duty to retain it or wilfully fails to comply with any direction issued by lawful authority with regard to the return or disposal of such document, or\n(d) fails or neglects to take reasonable care of, or so conducts himself as to endanger the secrecy of, such document, he shall be guilty of an offence under this section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "28",
            "title": "28. Making of first regulations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "29",
            "title": "29. First appointment of University representatives.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "30",
            "title": "30. Proceedings not invalidated by reason of vacancies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "31",
            "title": "31. Powers of Board to make bye-laws.",
            "chapter": null,
            "content": "(a) the procedure to be followed at the meetings of the Board and the committees appointed by the Board and the number of members required to form a quorum at such meetings.\n(b) the travelling and other allowances which may be drawn by members of the Board and the committees appointed by the Board;\n(c) any other matter solely concerning the Board and such other committees not provided for by this Act and the regulations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "32",
            "title": "32. Information, returns, etc., to be furnished by Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "33",
            "title": "33. Annual accounts and financial estimates.",
            "chapter": null,
            "content": "[33A. Interpretation in case of doubt.\n[33B. Board to cease to operate in certain areas.\n34. to 35.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        }
    ],
    "metadata": {
        "Act ID": "guj184",
        "Act Number": "Bombay Act No. 49 of 1948",
        "Enactment Date": "",
        "Act Year": "1948",
        "Short Title": "The Bombay Secondary School Certificate Examination Act, 1948",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}