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State of Jharkhand - Section

Section 354 in Bihar Education Code, 1961

354. Model rules of business.

(1)The Managing Committee shall ordinarily consist of nine members as follows:-
(a)Not more than two donors, a donor being a person who has donated to the school not less than Rs. 5,000 and not more than Rs. 9,999 in cash or kind. The donors shall be appointed by the District Education Officer. If only one donor is available the number of Director of Public Instruction's nominees shall be tour instead of three as mentioned in sub-rule (c).
If no donor is available, the number of guardians' representatives and Director of Public Instruction's nominees shall be three and four as mentioned in sub-rule (b) and (c) respectively.
(b)Subject to sub-rule (a) above, not more than two guardians of the pupils of the school, whose names are borne on the school admission register to be selected by the rest of the Managing Committee in the manner indicated in rule 3.
(c)Subject to sub-rule (a) above, not more than three nominees of the Director of Public Instruction, Bihar.
The Director of Public Instruction's nominees shall ordinarily be appointed from among the officials such as Sub-divisional Magistrates, Block Development Officers, Anchal Adhikaris, Deputy Inspector of Schools, Sub-Inspectors of Schools and Officers of corresponding rank of other departments.A suitable non-official wherever available may also be appointed as one of the nominees. The selection shall be made by the Director of Public Instruction on the recommendation to be submitted by the Sub-divisional Education Officer in consultation with the Sub-divisional Magistrate.
(a)Headmaster (ex-officio).
(b)Teachers' Representative.
(2)All those who donate a sum of Rs. 10,000 to Rs. 49,999 to the school fund in cash or kind shall be treated as life members of the committee and shall be ipso facto members of the committee throughout their own lives, in addition to the nine members enumerated in rule (1) above. When the amount of donation is Rs. 50,000 or above, the representation of the life member on the Managing Committee shall be perpetuated after his death by appointing one of his heirs as life members.
(3)The Sub-divisional Education Officer on receipt of the Director of Public Instruction's nomination, shall immediately convene a meeting in which the Director of Public Instruction's nominees, life member's donors, headmaster and the teachers' representative will participate and select the guardians' representatives. He shall then convene the first meeting of the newly constituted Managing Committee within 15 days of the selection of the guardians' representatives, in which the Secretary and the President will be elected. The Sub-divisional Education Officer shall conduct the proceedings of the meeting without taking part in the election. The election shall be subject to the approval of the President of the Board of Secondary Education. No headmaster can be elected as the Secretary.(Government resolution no. 1003, dated the 31st March 1958.)Note. - The election of the representative of the teaching staff should be carried out in the following manner:-The headmaster should convene a meeting of the staff in December to elect a representative of the staff to serve on the managing committee for the following year. Seven days' notice should be given of the meeting, which should be held after the December meeting of the managing committee. The headmaster should preside but should not vete. In the event of an equality of vetes, a fresh vete should be taken; if the votes are still equal the matter should be settled by drawing lots.The same procedure will be followed in the event of a casual vacancy during the year.(Resolution of the Board of Secondary Education, dated the 27th November 1936.)
(4)The Director of Public Instruction shall have the power to remove the Secretary or any member of the managing committee of the school after giving him a reasonable opportunity to explain his position. The Director will be the sole judge to decide if the opportunity given is reasonable. Any vacancy may be filled temporarily by nomination by the Director pending its being filled up in the prescribed manner.
(5)Any member failing to attend four consecutive meetings shall cease to be a member and the fact shall be reported by the Secretary to the District Education Officer together with the explanation of the member which should be asked for by the committee. The District Education Officer shall decide, if the explanation offered by the member is to be accepted. If he accepts it, he may order the member's term to be continued.
(6)The term of a member of Managing Committee other than an ex-officio member shall be three years from the date of his appointment, election or selection.
(7)Every Managing Committee shall be registered with the Registrar of the Joint Stock Companies, under the Societies Registration Act, 1960.
(8)All withdrawals from a bank for the purpose of expenditure from or transfer of school funds shall be under the joint signature of the Secretary and the headmaster. If the headmaster is himself the Secretary, the account shall be operated jointly by the President or a member of the Managing Committee (duly nominated by it through a resolution) and the Headmaster-cum-Secretary.
(9)All High Schools to be newly recognised or of which the recognition is to be renewed, shall have Managing Committees formed in accordance with these rules. Managing Committees of existing recognised high schools should also be reorganised on these lines within such time and in such stages as may be laid down by the Director. Even where the Managing Committees are not recognised immediately, the Director of Public Instruction shall be competent, with immediate effect, to exercise the powers mentioned under rule (4).
(10)These orders shall apply also to all subsidised high schools.
(11)The Director of Public Instruction may issue instructions from time to time in amplification of these rules or with a view to facilitating the implementation and smooth working of the structure envisaged in these rules.