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Bombay Presidency - Act

The Bombay Secondary School Certificate Examination Board (Reconstitution) Order, 1959.

BOMBAY PRESIDENCY
India

The Bombay Secondary School Certificate Examination Board (Reconstitution) Order, 1959.

Rule THE-BOMBAY-SECONDARY-SCHOOL-CERTIFICATE-EXAMINATION-BOARD-RECONSTITUTION-ORDER-1959 of 1959

  • Published on 31 July 1959
  • Commenced on 31 July 1959
  • [This is the version of this document from 31 July 1959.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Bombay Secondary School Certificate Examination Board (Reconstitution) Order, 1959.Published vide Notification Gazette of India, 1959, Part 2, Section 3 (i), p. 1131.G.S.R. 913, dated 31st July, 1959. - In exercise of the powers conferred by sub-section (1) of Section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), the Central Government after consulting the Government of the States of Bombay, Mysore and Rajasthan, approves with certain modifications, the scheme forwarded by the Government of Bombay relating to the reconstitution and reorganisation of the Secondary School Certificate Examination Board a Corporation constituted under the Bombay Secondary School Certificate Examination Act, 1948 (Bombay Act 49 of 1948) and functioning in parts of the States of Bombay, Mysore and Rajasthan, and for the purpose of giving effect to the scheme so approved, the Central Government hereby makes the following, Order, namely:-

1. Short title.

- This Order may be called the Bombay Secondary School Certificate Examination Board (Reconstitution) Order, 1959.

2. Definitions.

- In this Order, unless the context otherwise requires-
(a)"Abu area" means the Abu Road taluka of Banaskantha district transferred from the former State of Bombay to the State of Rajasthan;
(b)"Act" means the Bombay Secondary School Certificate Examination Act, 1948 ( Bombay Act 49 of 1948);
(c)"appointed day" means the 15th day of August, 1959;
(d)"Bombay area" means the territories which immediately before the 1st day of November, 1956, were comprised in the State of Bombay excluding the Karnataka area and the Abu area;
(e)"existing Corporation" means the Secondary School Certificate Examination Board constituted under the Act and functioning and operating immediately before the appointed day in the areas of the former State of Bombay;
(f)"Karnataka area" means the Bijapur, Dharwar and Kanara districts, and the Belgaum district (excluding the Chandgad taluka) transferred from the former State of Bombay to the State of Mysore.

3. Exclusion of certain area from the operation of the existing Corporation.

- As from the appointed day, the existing Corporation shall cease to function and operate in the Karnataka area and the Abu area and shall be deemed to have been constituted for the Bombay area.

4. Recovery of outstanding fees, charges, contributions and other dues.

- The right to recover fees, charges, contributions and other moneys which immediately before the appointed day were due or payable to the existing Corporation, and remain unpaid on that day shall continue to be with the existing Corporation.

5. Dead stock and other goods and cash balances to continue to vest in the existing Corporation.

(1)The dead stock, stores and articles of stationery and other goods of whatsoever kind and wherever situated which immediately before the appointed day belonged to the existing Corporation shall continue to vest in, and be the property of, the existing Corporation.
(2)The securities, if any, and the cash balances held by the existing Corporation in Bank or Treasury or Sub-Treasury immediately before the appointed day shall, subject to the provisions of paragraph 6, continue to be held by, and vest in, the existing Corporation.

6. Apportionment of the Fund of the existing Corporation.

- The balance standing to the credit of the Fund of the existing Corporation maintained under Section 25 of the Act, on the 31st December, 1957 and struck after deducting all liabilities of that Fund up to that date including the liabilities arising out of, or in connection with, any Secondary School Certificate Examination held before that date, shall be divided amongst the Government of Mysore, the Government of Rajasthan and the existing Corporation in the ratio which the number of candidates registered at the Secondary School Certificate Examinations held during the period from March 1949 up to and inclusive of October, 1957 from the recognised high schools situated in the Karnataka area, the Abu area and the Bombay area bear respectively to the total number of candidates registered at the said examinations.

7. Residuary provision.

- The benefit or burden of any assets or liabilities of the existing Corporation not dealt with in the foregoing paragraphs shall continue to be the benefit or burden of the existing Corporation.

8. Provision relating to employees.

- All officers and servants who, immediately before the appointed day, were serving under the existing Corporation shall, as from the appointed day, be deemed to have been allotted to serve in connection with the affairs of the State of Bombay and continue to serve under the existing Corporation on the same terms and conditions, until duly varied by the State Government, subject to the proviso to sub-section (7) of Section 115 of the States Reorganisation Act, 1956 (37 of 1956).

9. Legal proceedings.

- Where immediately before the appointed day, the existing Corporation is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this Order, the existing Corporation shall continue to be a party to those proceedings, and the proceedings continued accordingly.

10. Adaptations and modifications in the Act.

- As from the appointed day, the Act shall, until altered, repealed or amended by the competent Legislature of the State, have effect subject to the modifications specified in the Schedule hereto annexed.The Schedule[See paragraph 10]The Bombay Secondary School Certificate Examination Act, 1948(Bombay Act 49 of 1948)Section 1 - Sub-Section (2) of Section 1 shall re-lettered as Clause (a) of that sub-section and after Clause (a) as so re-lettered the following clause shall be inserted namely:-"(b) Section 33B shall come into force on the 15th day of August, 1959."Section 2. - In Section 2. for Clause (g), the following clause shall be substituted, namely:-"(g) "State" means the territories which immediately before the 1st November, 1956 were comprised in the State of Bombay, excluding the territories transferred to the new States of Mysore and Rajasthan under Sections 7 and 10 of the State Reorganisation Act. 1956'.Section 33B. - After Section 33A, the following section shall be inserted namely:-'33-B. Board to cease to operate in certain areas. - With effect from the 15th day of August, 1959, the Board shall cease to function and operate in the areas transferred to the new States of Mysore and Rajasthan under Sections 7 and 10 of the States Reorganisation Act, 1956.'.