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State of Bihar - Section

Section 10 in Bihar High Schools (Constitution, Powers and Functions of Managing Committee) Rules, 1964

10. Appointment of the President and the Secretary of the Managing Committee of a subsidised school and the term of their offices.

(1)The Secretary of Managing Committee of a subsidised school shall be nominated by the President of the Board of Secondary Education from, amongst the members of the committee or from outside, as he deems fit.
(2)For the purpose of the nomination of the Secretary of the Committee under sub-rule (1), the District Inspectress in the case of school for girls and the Sub-divisional Education Officer in other cases, as soon it may be after the committee is constituted for the first time, submit to the President of the Board of Secondary Education the name of the members duly nominated, selected or co-opted and thereafter, the committee shall submit the names of the members of the committee for the time being, at least thirty days before the expiration of the terms of the then existing Secretary.
(3)A person, appointed by the President of the Board of Secondary Education as the Secretary, shall, if he is not already a member of the committee be deemed to be a member of the committee for the term.
(4)The terms of the office of the Secretary appointed by the President of the Board of Secondary Education shall be three years and shall include any further period which may elapse between, the date of the expiration of the said three years and that on which the newly nominated Secretary takes over charge of the office:Provided that-
(a)the retiring Secretary may be eligible for being re-appointed for another term;
(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;
(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.
(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.
(5)After the committee has been constituted for the first time, the person nominated as Secretary thereof by the President of the Board of Secondary Education, shall convene the first meeting of the committee in the premises of the school, to elect the President.
(6)Notice of the meeting referred to in sub-rule (5) shall be issued by Secretary nominated by the President of the Board of Secondary Education stating the date, time and place at which the meeting will be held and shall be served on each of the members not less than 15 clear days before the day appointed for the meeting.
(7)[Omitted]
(8)The Secretary, nominated by the President of the Board of Secondary Education shall preside over the meeting referred to in sub-rule (5). he shall not vote in the first instance but shall exercise a casting vote in the case of an equality of votes.
(9)Election of the President of the Committee shall be made in the meeting referred to in sub-rule (5) from amongst the members of the committee other than the Headmaster and the teacher's representative. In the event of contest, an election shall be held and the person securing the highest number of votes shall be duly elected as President. No one shall vote for more than one candidate.
(10)The term of office of the President of a Committee shall be three years from the date of his election or till the date he ceases to be a member of the Committee, whichever be earlier.
(11)Vacancy in the office of President of Committee shall be filled up by election from amongst themselves by the members of the committee for the time being, in the manner specified in sub-rules (5) to (9).