Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1] [Entire Act]

State of West Bengal - Section

Section 5 in The Rabindra Mukta Vidyalaya Act, 2001

5. Powers of [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.].

(1)It shall be the duty of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] to advise the State Government on all meters relating to the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] and distance learning system.
(2)Subject to any general or special order of the State Government, the provisions of this Act, and the rules made thereunder, the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] shall have generally the power to direct, supervise and control its activities and distance learning system and, in particular, the power -
(i)to design and develop a series of courses of studies leading to certification at the upper primary, secondary and higher secondary levels;
(ii)to design, develop, prescribe and offer courses of studies in vocational areas to the students of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(iii)to design and develop self-learning materials in print, audio, video compact disc rom, and other formats;
(iv)to offer courses of studies through distance learning mode;
(v)to collaborate with institutions at the State level such as State Council of Educational Research and Training, West Bengal Council of Higher Secondary Education, West Bengal Board of Secondary Education, West Bengal Board of Primary Education, Colleges and Institutions of Education in West Bengal, [and Shramik Vidyalaya for improvement of quality and standard of distance education process and materials;] [Words substituted for the words 'and Shramik Vidyalaya;' by W.B. Act 13 of 2006.]
(vi)to collaborate with national and international agencies like National Open School, Indira Gandhi National Open University, National Council of Educational Research and Training, National School of Educational Planning and Administration, Commonwealth of Learning. United Nations Educational, Scientific and Cultural Organization, United Nations International Children's Emergency Fund, and similar other agencies for continuing effort at improvement of quality and standard of distance education process and materials;
(vii)to undertake research, and, in particular, action research, for solving diagnostic problem, and for developmental thrust, in building the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(viii)to collaborate with agencies and institutions for opening learning support-centres or study centres for the students of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] and to accord approval to such learning support-centres and study centres;
(ix)to establish regional centres in West Bengal for the purpose of supervising the proper functioning of the learning-support-centres and study centres;
(x)to publish, or cause to be published, and to print, the learning and other materials developed by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(xi)to prescribe by regulations the conditions of registration of students, the eligibility criteria for appearing at the examinations of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] and the procedure of conduct of such examinations, and all other matters necessary for proper fulfilment of teaching and examination, and also to award certificates;
(xii)to prescribe by regulations fees and other charges and the method of collection thereof;
(xiii)to organise training programmes for the members of the staff of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] the co-ordinators, the teachers of schools and such other persons as may be engaged as teaching assistants by study centres under the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.].
Explanation. - (a) "Co-ordinator" shall mean any person appointed or recognised by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] as Co-ordinator for the purposes of this Act; and
(b)"teachers of schools" shall mean the teachers of schools imparting -
(i)Primary Education as defined in clause (c) of section 2 of the West Bengal Primary Education Act, 1973, or
(ii)Secondary Education as defined in clause (e) of section 2 of the West Bengal Board of Secondary Education Act, 1963, or
(iii)Higher Secondary Education as defined in clause (d) of section 2 of the West Bengal Council of Higher Secondary Education Act, 1975;
(xiv)to purchase or otherwise acquire or take on lease or hire premises for the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(xv)[ to invest and deal with funds and monies of the Council in accordance with the provisions of section 28 of the Act;] [[Clause (xv) substituted by W.B. Act 13 of 2006, which was earlier as under :-
'(xv) to invest and deal with funds and monies of the Vidyalaya;'.]]
(xvi)to set up a library containing books and learning materials in other media;
(xvii)to obtain or accept grants, subscriptions, fees, donations, gifts, bequests and properties, both movable and immovable, from the Government, or from any person, for the purposes of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(xviii)to build, construct and maintain building, and alter, extend, improve, repair, or modify any existing building, and suitably equip such building, for the uses of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(xix)to appoint committees or sub-committees as may be deemed fit for carrying out the objects of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] and to prescribe by regulations and guidelines for the proper functioning of such committees or sub-committees;
(xx)to make service regulations for the personnel related administration of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] and for the proper management of the functions of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] including welfare measures for the staff of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(xxi)to delegate any of its powers to any of the officers of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] or to any of the committees or sub-committees constituted by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.], for more effective management and functioning of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(xxii)to do all such lawful acts and things, whether incidental to the powers as aforesaid or not, as may be required to be done in order to further the aims and objects of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(xxiii)to create administrative, technical and other posts under the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.], other than the post of Director, and to make appointment thereto, with prior approval of the State Government;
(xxiv)to co-operate with educational or other institutions having objects wholly or partly similar to those of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] by exchange of teachers and scholars, generally in such manner as may be conducive to such objects;
(xxv)to make regulations for the conduct of affairs of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(xxvi)to maintain a fund to which shall be credited -
(a)all sums provided by the State Government,
(b)all fees and other charges received by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.],
(c)all monies received by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] by way of grants, gifts, donations, benefactions, bequests, or transfers,
(d)all monies received by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] in any other manner or from any other source;
[* * * * * * * * * * * * * * *] [[Clause (xxvii) omitted by W.B. Act 13 of 2006, which was as under :-'(xxvii) to deposit all monies credited to the fund referred to in clause (xxvi) in such banks, or to invest them in such manner, as the Vidyalaya may, with the approval of the State Government, decide;'.]]
(xxviii)to meet out of the fund as aforesaid the expenses of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] including the expenses incurred while exercising its powers, and discharging its functions, under this Act;
(xxix)to prepare and maintain accounts and other records and to prepare an annual statement of accounts (including the balance sheet) of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] in such form as may be prescribed by rules by the State Government;
(xxx)to forward annually to the State Government the accounts of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] as certified by such competent authority as the State Government may decide;
(xxxi)to grant or refuse recognition to study centres and to withdraw such recognition if it thinks fit, after considering the recommendation of the Recognition Committee, if any, in accordance with such regulations as may be made in this behalf;
(xxxii)to maintain a register of recognised study centres;
(xxxiii)to provide for inspection of the recognised study centres;
[* * * * * * * * * * * * * * *] [[Clause (xxxiv) omitted by W.B. Act 13 of 2006, which was as under :-'(xxxiv) to provide, by regulations, after considering the recommendations of the Syllabus Committee, if any, the curriculum, the syllabus, the courses of studies to be followed, and the books to be studied for examinations conducted by the Vidyalaya;'.]]
(xxxv)to undertake, if necessary, with the approval of the State Government, the preparation, publication or sell of textbooks and other books for the use of the students of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.];
(xxxvi)to maintain and publish from time to time list of books approved for the use of the students of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] and for the examinations conducted by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] and to remove the name of any such book from any such list;
(xxxvii)to conduct examinations and to make regulations in this behalf;
(xxxviii)to publish results of the examinations conducted by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] and to award diplomas, certificates, prizes and scholarships in respect thereof;
(xxxix)to provide, by regulations, after considering the recommendations of the Examination Committee, if any, the rates of remuneration to be paid to the paper-setters, tabulators, examiners, invigilators, supervisors and other employed in connection with the examinations conducted by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.], and the fees to be paid by the candidates for such examinations;
(xl)to grant permission to candidates to appear at the examinations conducted by the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.], and to refuse, or to withdraw, such permission, if it thinks fit, in accordance with such regulations as may be made in this behalf;
(xli)to institute, and to administer, such Provident Fund for the benefit of the officers and other employees of the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] as may be prescribed by rules made under this Act;
(xlii)to perform such other functions as may be assigned to it by the State Government.
(3)Subject to the provisions of sub-section (2), the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] may make regulations in respect of any matter for the proper exercise of its powers and discharge of its functions under this Act.
(4)No regulation shall be valid unless it is approved by the State Government, and the State Government may, in according such approval, make such additions to, or alterations or modifications in, the regulations as it thinks fit:Provided that before making any such additions, alterations or modifications, as the case may be, the State Government shall give the [Council] [Word substituted for the word 'Vidyalaya' by W.B. Act 13 of 2006.] an opportunity express its views thereon within such period, not exceeding one month, as the State Government may think fit.
Section 5 substituted by W.B. Act 7 of 2002, which was earlier as under :-"5. Powers of the Vidyalaya.- (1) The Vidyalaya shall have the power -(i) to design and develop a series of courses of studies leading to certification at the upper primary, secondary and higher secondary levels;(ii) to design, develop, prescribe and offer courses of studies in vocational areas to the students of the Vidyalaya;(iii) to design and develop self-learning materials in print, audio compact disc rom, and other formats;(iv) to offer courses of studies though distance learning mode;(v) to collaborate with institutions at the State level such as State Education Council of Research and Training, West Bengal Board of Secondary Education, West Bengal Board of Primary Education, College of Education, Polytechnic, and Shramik Vidyapath;.(vi) to collaborate with national and international agencies like National Open School, Indira Gandhi National Open University, National Council of Educational Research and Training, National Institute of Educational Planning and Administration, Commonwealth of Learning, United Nations Educational, Scientific and Cultural Organization United Nations International Children's Emergency Fund, and similar other agencies for continuing effort at improvement of quality and standard of distance education process and materials;(vii) to undertake research, and, in particular, action research, for solving diagnostic problem, and for developmental thrust, in building the Vidyalaya;(viii) to collaborate with agencies and institutions for opening learning-support-centres or study centres for the students of the Vidyalaya and to accord approval to such learning-support-centres and study centres;(ix) to establish regional centres in West Bengal for the purpose of supervising the proper functioning of the learning-support-centres and study centres;(x) to publish, or cause to be published, and to print, the learning and other materials developed by the Vidyalaya;(xi) to prescribe by regulations the conditions of registration of students, the eligibility criteria for appearing at the examination of the Vidyalaya, and the procedure of conduct of such examinations, and all other matters necessary for proper fulfilment of teaching and examination, and also to award certificates;(xii) to prescribe by regulations fees and other charges and the method of collection thereof;(xiii) to organise training programmes for the members of the staff of the Vidyalaya, the coordinators, and the teachers of schools.Explanation.- (a) "Coordinator" shall mean any person appointed or' recognised by the Vidyalaya as Coordinator for the purposes of this Act; and(b) "teachers of schools" shall mean the teachers of schools imparting -(i) Primary Education as defined in clause (c) of section 2 of the West Bengal Primary Education Act, 1973. or(ii) Secondary Education as defined in clause (e) of section 2 of the West Bengal Board of Secondary Education Act, 1963, or(iii) Higher Secondary Education as defined in clause (d) of section 2 of the West Bengal Council of Higher Secondary Education Act, 1975;(xiv) to purchase or otherwise acquire or take on lease or hire premises for the Vidyalaya;(xv) to invest and deal with funds and monies of the Vidyalaya;(xvi) to set up a library containing books and learning materials in other media;(xvii)to obtain or accept grants, subscriptions, fees, donations, gifts, bequests and properties, both movable and immovable, from the Government, or from any person, for the purposes of the Vidyalaya;(xviii) to build, construct and maintain building, and alter, extend, improve, repair, or modify any existing building, and suitably equip such building, for the uses of the Vidyalaya;(xix) to appoint committees or sub-committees as may be deemed fit for carrying out the objects of the Vidyalaya and to proscribe by regulations and guidelines for the proper functioning of such committees or sub-committees;(xx) to make service regulations for the personnel related administration of the Vidyalaya and for the proper management of the functions of the Vidyalaya including welfare measures for the staff of the Vidyalaya;(xxi) to delegate any of its powers to any of the officers of the Vidyalaya or to any of the committees or sub-committees constituted by the Vidyalaya, for more effective management and functioning of the Vidyalaya;(xxii)to do all such lawful acts and things, whether incidental to the powers as aforesaid or not, as may be required to be done in order to further the aims and objects of the Vidyalaya;(xxiii) to create administrative, technical and other posts under the Vidyalaya, other than the post of Director, and to make appointment thereto, provided the posts so created are in the cadre, and in the scales of pay, approved by the State Government from time to time;(xxiv) to co-operate with educational or other institutions having objects wholly or partly similar to those of the Vidyalaya by exchange of teachers and scholars, generally in such manner as may be conducive to such objects:(xxv) to make regulations for the conduct of affairs of the Vidyalaya:(xxvi) to maintain a fund to which shall be credited -(a) all sums provided by the State Government,(b) all fees and other charges received by the Vidyalaya,(c) all monies received by the Vidyalaya by way of grants, gifts, donations, benefactions, bequests, or transfers,(d) all monies received by the Vidyalaya in any other manner or from any other source;(xxvii) to deposit all monies credited to the fund referred to in clause (xxvi) in such banks, or to invest them in such manner, as the Vidyalaya may, with the approval of the State Government, decide;(xxviii) to meet out of the fund as aforesaid the expenses of the Vidyalaya, including the expenses incurred while exercising its powers, and discharging its functions, under this Act;(xxix)to prepare and maintain accounts and other records and to prepare an annual statement of accounts (including the balance sheet) of the Vidyalaya in such form as may be prescribed by rules by the State Government;(xxx)to forward annually to the State Government the accounts of the Vidyalaya as certified by such competent authority as the State Government may decide.(2) Notwithstanding anything contained in any other law for the time being in force, but without prejudice to the provisions of sub-section (1), it shall be the duty of the Vidyalaya to take all such steps as it may deem fit for the promotion of the open school and distance education system and for the determination of standard of teaching, evaluation and research in such system.".