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State of Gujarat - Act

Gujarat Primary Education Act, 1947

GUJARAT
India

Gujarat Primary Education Act, 1947

Act 61 of 1947

Published on 29 January 1948
Commenced on 29 January 1948
[This is the version of this document from 29 January 1948.]
[Note: The original publication document is not available and this content could not be verified.]

Bombay Primary Education Act, 1947Bombay Act No. 61 of 1947[Dated 29th January, 1948]For Statement of Objects and Reasons, see Bombay Government Gazette, 1947, Part. V, page 328; for Proceedings in Assembly, see Bombay Legislative Assembly Debates, 1947, Vol. XI and for Proceedings in Council, see Bombay Legislative Council Debates, 1947, Vol. XIII.An Act to provide for compulsory primary education and to make better provision for the management and control of primary education in the [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1960.] of Bombay.WHEREAS it is the duty of Government to secure the development and expansion of primary education; and whereas it is declared the policy of Government that universal, free and compulsory primary education should be reached by a definite programme of progressive expansion; and whereas it is expedient to make better provision for the development, expansion, management and control of primary education in the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1960.] of Bombay; It is hereby enacted as follows: -

Chapter I
Preliminary

1. Short title and extent.

(1)This Act may be called the Bombay Primary Education Act, 1947.

(2)[ It extends to the whole of the State of Gujarat.] [This sub-section was substituted by Gujarat 13 of 1963, section 2(i).]

(3)It shall come into force on such date as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette, appoint:[Provided that in the areas to which this Act is extended by the Bombay Primary Education (Gujarat Extension and Amendment) Act, 1963 (Gujarat XIII of 1963), this Act and the rules made thereunder shall come into force on the date on which the Bombay Primary Education (Gujarat Extension and Amendment) Act, 1963 (Gujarat XIII of 1963), comes into force.] [This proviso was added by Gujarat 13 of 1963, section 2(ii).]

2. Definitions.

- In this Act unless there is anything repugnant in the subject or context-

(1)"Administrative Officer" means an officer appointed under Section 21 or 22.

(2)"Approved School" means a primary school maintained by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or by a school board or by an authorised municipality[and includes a private primary school recognized under section 40A;] [ This words, figures and letter were substituted for the portion beginning with the words 'or which is' and ending with the words 'in this behalf' by Gujarat 24 of 1986, section 2(1) (w.r.e.f. 22-05-1986).]

(3)"Area of compulsion" means the area in which primary education upto any standard is compulsory;

(4)"Area of an authorised municipality" means the area comprised within the limits of such municipality and shall include the area of a non-authorised municipality approved school in which vest in or are controlled by the authorised municipality;

(5)"To attend an approved school" means to be present for instruction at such school on such day and at such time and for such period on each day as may be required under the regulations framed by the school board;

(5A)[ "Authorised Officer" means such officer as the State Government may, by order appoint.] [Clause (5A) inserted by Gujarat 3 of 2003, dated 3rd March 2003 (w.r.e.f 11-06-1998)]

(6)"Authorised Municipality" means a municipality which is authorised by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under sub-section (1) of Section 16 to control all approved schools within its area;

(7)"Child" means a girl or boy whose age is not less than six and not more than fourteen years at the beginning of the school year.Explanation. - For the purposes of this definition, "school year" shall mean the year beginning with such date as the school Board, may, with the sanction of the Director, fix;

(8)"Director" means [The Director of Education;] [These words were substituted for the words 'the Director of Public Instructions' by Bombay 39 of 1951, section 3, Second Schedule.] [***] [The words 'for the State of Bombay' were omitted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]

(9)"District" in Clause (h) of section 5, in sections 6 sub-section (3) of section 10, [section 19 and section 68] [These words and figure were substituted for the words and figures 'and section 19' by Gujarat 13 of 1963, section 3(ii).] means the district as formed under the Bombay Land Revenue Code, 1879 (Bombay V of 1879), [or, as the case may be, that Code as extended to the Kutch area of the State of Gujarat] [These words were inserted by Gujarat 13 of 1963, section 3 (i).] and elsewhere the area comprised in a district so formed excluding the areas of authorised municipalities and cantonments;

(10)"District School Board" means a school board constituted for a district under section 3;

(10A)[ "Educational Inspector of the district" means the Educational Inspector appointed for a district or group of districts;] [This clause was inserted by Bombay 2 of 1955, section 3, Second Schedule.]

(11)"Municipal" School Board means a school board constituted for the area of an authorised municipality under Section 3;

(12)"Non-authorised Municipality" means a municipality other than an authorised municipality;

(13)"Parent" includes a guardian or any person who has the custody of a child;

(14)"Prescribed" means prescribed by the rules made under this Act;

(15)"Primary Education" means education in such subjects and upto such standards, as may be determined by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government from time to time;

(16)"Primary Education Fund" means the Fund maintained under Section 44;

(17)"Primary School" means a school or a part of a school in which primary education up to any standard is imparted;

(18)"[Board] [This word was substituted for the words 'State Board' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.] of Primary Education" means the Board constituted under Section 58;

(18A)[ "Private primary school" means a private primary school which is not maintained b the State Government or by a School Board or by an authorized municipality;] [This clause was inserted by Gujarat 24 of 1986, section 2(2) (w.r.e.f. 22-05-1986).]

(19)"School Board" means a district school board or a municipal school board, as the case may be;

(20)[ "Teacher" means primary school teacher; [Clauses (20) and (21) added by Gujarat 3 of 2003, dated 3rd March 2003 (w.r.e.f 11-06-1998)]

(21)"Vidyasahayak" means a person appointed on contract to assist a teacher and pupils (students) in a primary school under the supervision and control of the head-teacher.]

Chapter II
Constitution of District and Municipal School Boards.

3. School Boards.

(1)For each district there shall be a district school board.

(2)For each area of an authorised municipality there shall be a municipal school board.

4. Constitution of school boards.

(1)Each school board shall consist of members not less than twelve and not more than sixteen in number.

(2)Of these members not less than two and not more than three in number shall be appointed by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.

(3)The number of members under sub-sections (1) and (2) shall be determined by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government from time to time.

(4)Of the members appointed by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under sub-section (2) one shall be an officer of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government; and the remaining shall be persons (i) who shall have passed the matriculation examination or shall possess any other equivalent or higher educational qualification which the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may specify in this behalf or (ii) who have had experience of the system or institutions of primary education.

(5)

(a)The members other than those appointed by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall be elected by the district local board or the authorized municipality as the case may be:

Provided that where approved schools within the area of any non-authorised municipalities are controlled by the district school board or the authorised municipality, not more than two of such members as may be determined by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government from time to time shall be elected in the manner prescribed by the said non-authorised municipalities, or the district school board or municipal school board, as the case may be.

(b)Members elected under this sub-section shall not necessarily be members of the electing local authority.

(c)[ Notwithstanding anything contained in this sub-section, in the case of a district local board or authorised municipality the term of office of the member or councillors of which expires on or before the 31s1 day of July 1949, the election of the members of the school board shall not be held by such district local board or authorised municipality, as the case may be, until, after the new district local board or the authorised municipality, has been constituted.] [This clause was inserted by Bombay 8 of 1949, Section 2 (1).]

(6)[ Of the members elected by the district local board or by the authorised municipality such member not exceeding two as may be prescribed shall be from amongst the Scheduled Castes and the Scheduled Tribes.] [This sub-section was substituted for the original by Bombay 25 of 1952, section 2 (1). The amendments made by Section 2 of Bombay 25 of 1952, shall apply to any new school board existing on the date of commencement of the said Act but shall apply to any new school board constituted thereafter (vide Section 10 of Bombay25 of 1952).]

(7)Members elected under sub-section (5) shall have passed the primary school certificate examination or shall possess such other equivalent or higher educational qualification as may be prescribed:Provided that persons from amongst [the Scheduled Castes and the Scheduled Tribes] [These words were substituted for the words 'the backward communities' by Bombay 25 of 1952, section 2(2). See also para, 2 of foot note 3.] shall be eligible for being elected as members, if they shall have passed at least the primary fourth standard examination:Provided further that out of the seats of the members to be elected by the district local board or the authorized municipality not less than three shall be reserved in the prescribed manner for persons [who have passed the matriculation or the second year training certificate examination or who possess any other equivalent or higher educational qualification which the [State] [These words were substituted for the words 'who have passed the matriculation or second year training certificate examination' by Bombay 46 of 1949, Section 2(1).] Government may specify in this behalf][Explanation : - For the purposes of sub-sections (6) and (7), "Scheduled Castes" and "Scheduled Tribes" means those Scheduled Castes and Scheduled Tribes which arc deemed to be Scheduled Castes and Scheduled Tribes in relation to the [State of Gujarat] [This Explanation was substituted for the original by Bombay 25 of 1952 Section 2 (3). See also para No 2 of footnote 3.] under Article 341 or Article 342, as the case may be, of the Constitution.]

(8)If the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government is satisfied that any election (including a bye-election) cannot for any reason be held at all or cannot be completed within such period as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government onsiders reasonable or has not resulted in the return of the required number of qualified persons willing to take office, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall nominate from amongst persons who would have been qualified to be elected the required number of persons as members of the school board and the persons so nominated shall be deemed to have been duly elected under sub-section (5):[Provided that if at any time after the nomination of such persons as members of the school board, the State Government is satisfied that a fresh election (including a bye-election) can be duly held, the State Government may, by notification published in the Official Gazette, direct that the members so nominated shall cease to hold office with effect from such date as may be specified in such notification, notwithstanding the fact that the term of office of such members for which they had been nominated has not expired.] [This proviso was substituted by Bombay 26 of 1954, Section 2 (1).]

(9)Except as otherwise provided in this Act, the term of office of the members of a school board shall cease on the expiry of the term of the electing district local board or authorised municipality:Provided that the term of office of such members of the school board shall not be deemed to expire by reason only of the fact that the district local board or authorised municipality, as the case may be, is dissolved or superseded.

(10)

(a)If the term of office of the members of the school board expires during the supersession of the electing district local board or authorised municipality a new school board shall be constituted as provided in sub-sections (1) to (7) until the district local board or authorised municipality as the case may be, is re-established, provided that the members of such school board sbail be nominated by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.

(b)The term of office of the members of the school board so nominated shall be for such period not exceeding three years as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may determine:

Provided that if during such period the district local board or authorised municipality, as the case may be, is re-established, the term of office of the members of the school board shall expire on the date on which a new school board is constituted.

(11)Notwithstanding [the cessation or expiry of the term of office of the members of any school board under sub-sections [(8), (9)] [These words were substituted for the original, by Bombay 26 of 1954, section 2 (2) (i).] or (10) they shall continue in office until the members of a new school board are elected, appointed or nominated, as the case may be.

(12)

(a)Any member of a school board other than the chairman or vice-chairman may resign his office by giving a notice in writing to that effect to the chairman and such, resignation shall take effect from the date of its receipt by the chairman.

(b)The vice-chairman may resign his office as vice-chairman or member by giving notice in writing to that effect to the chairman. The chairman may resign his office as chairman or member by giving notice in writing to that effect to the president of the district local board or the authorised municipality, as the case may be, Such resignation shall take effect from the date of their acceptance by the chairman or the president.

(13)Casual vacancies including that of a chairman or vice-chairman during the term of a school board shall be filled for the remaining period by election, appointment or nomination, as the case may be:[Provided that no election shall be held to fill up a vacancy of a members occurring within four months of the date on which the term of office of the members of the school board expires.] [This proviso was added by Bombay 8 of 1949, Section 2 (2).]

(14)[ During any vacancy the continuing members may act as if no vacancy occurred.] [This sub-section was added by Bombay 8 of 1949, section 2(3).][15] When any area is added to the limits of a district during the term of office of the electing district local board of the district, the [State] Government, may, notwithstanding anything contained in the preceding sub-sections, direct that the school board constituted for the district may consist of such number of members exceeding sixteen, and may appoint such persons to be the additional members of the school board to represent the area added to the limits of the district, as it thinks fit.] [Sub-section (15) was inserted by Bombay 46 of 1949, section 2 (2).]

5. Disqualification of members.

- No person shall be elected, appointed or nominated a member of a school board who-

(a)[ is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgment of allegiance or adherence to a foreign State, or] [This clause was inserted by Gujarat 13 lof 1963, section 4.]

(aa)[ is less than 25 years of age, or] [Original clause (a) was renumbered as clause (aa) of that section by Gujarat 13 lof 1963, section 4.]

(b)is a judge of a Civil Court or [a salaried magistrate] [These words were substituted for the words 'a magistrate' by Bombay 46 of 1949, section 3.], or

(c)

(i)has been sentenced by a Criminal Court to fine, imprisonment or whipping for an offence involving moral turpitude and punishable with imprisonment for a term exceeding six months or to transportation, such sentence not having been subsequently reversed or quashed, or

(ii)is a person against whom an order has been passed under Section 118 of the Code of Criminal Procedure, 1898 (V of 1898), in proceedings instituted under Section 110 of the said Code, such order not having subsequently been reversed or quashed, or

(iii)has been removed from the office under this Act and five years have not elapsed from the date of such removal,

unless he has, by an order of the [State] [This word was substituted for the word for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government notified in the Official Gazette, been relieved from the disqualification arising on account of such sentence, order or removal from office, or

(d)is a stipendiary officer or an employee of any school board, or district local board or municipality, or

(e)who has been adjudged an insolvent and has not obtained his discharge, or

(f)has, directly or indirectly, by himself or his partner, any share or interest in any work done by order of, or in any contract entered into on behalf of the school board or the electing local authority, or

(g)is an employee or a teacher in any approved school, or

(h)has resided within the district for a period of less than six months preceding the date fixed for recording of votes for elections to the school board, or

(i)has been adjudged by a competent Court to be of unsound mind.

Explanation: - A person shall not be deemed to have incurred disqualification under Clause (f) by reason of his-

(a)having any share or interest in any lease, sale or purchase of any immovable property or in an agreement for the same if before taking his seat as a member of the school board, he has obtained the sanction of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to have such share or interest, or

(b)having a share or interest in any joint stock company or in any society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925), which may contract with or be employed by or on behalf of the school board or the electing local authority, or

(c)having a share or interest in any newspaper in which any advertisement relating to the affairs of the school board or the electing local authority may be inserted, or

(d)holding a debenture or being otherwise interested in any loan raised by or on behalf of the school board of the electing local authority, or

(e)having a share or interest in the occasional sale to the school board or electing local authority of any article in which he regularly trades, or in the purchase from the school board or the electing local authority of any article, to a value in either case not exceeding in any official year five hundred rupees, or such higher amount not exceeding two thousand rupees as the school board or electing local authority with the sanction of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may fix in this behalf, or

(f)having a share or interest in the occasional letting out on hire to the school board or the electing local authority or in the hiring from the school board or the electing local authority of any article for an amount not exceeding in any official year fifty rupees, or such higher amount not exceeding two hundred rupees as the school board or the electing local authority with the sanction of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may fix in this behalf, or

(g)being a police patel who is an ex-officio keeper of village cattle pounds under the control of the electing local authority.

6. Determination of validity of elections; inquiry by Judge; procedure.

(1)If the validity of the election of a member of a school board is brought in question by an unsuccessful candidate or by any person qualified to vote at the election, such person may, at any time within fifteen days after the date of the declaration of the result of the election, apply to the District Judge of the district within which the election has been or should have been held for the determination of such question.

(2)An inquiry shall thereupon be held by a Judge not below the grade of an Assistant Judge and such Judge may, after such enquiry as he deems necessary, pass an order confirming or amending the declared result of the election or setting the election aside. For the purposes of the said enquiry, the said Judge may exercise any of the powers of a Civil Court, and his decision shall be conclusive. If he sets aside an election, a date shall forthwith be fixed, and the necessary steps taken for holding a fresh election.

(3)All applications received under sub-section (1)-

(a)in which the validity of the election of members is in question shall as far as possible, be heard by the same Judge, and

(b)in which the validity of the election of the same member is in question shall be heard together.

(4)Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), the Judge shall not allow

(a)any application to be compromised or withdrawn or

(b)any pleadings in the proceedings to be altered or amended, unless he is satisfied that such application, alteration or amendment is bona-fide and not conclusive.

(5)

(a)If on holding such inquiry the Judge finds that a candidate has for the purpose of the election committed a corrupt practice within the meaning of sub-section (6), he shall declare the candidate disqualified both for the purposes of that election and of such fresh election as may be held under sub-section (2), and shall set aside the election of such candidate if he has been elected.

(b)If, in any case to which Clause (a) does not apply, the validity of an election is in dispute between two or more candidates, the Judge shall after a scrutiny and computation of the votes recorded in favour of each such candidate, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected:

Provided that for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person, known or unknown, in giving or obtaining it.

(6)A person shall be deemed to have committed a corrupt practice-

(a)who, with a view to inducing any voter to give or refrain from giving a vote in favour of any candidate, offers or gives any money or valuable consideration, or holds out any promise of individual profit or holds out any threat of injury to any person, or

(b)who gives, procures or abets the giving of a vote in the name of a vote who is not the person giving such vote;

and a corrupt practice shall be deemed to have been committed by a candidate, if it has been committed with his knowledge and consent, or by a person who is acting under the general or special authority of such candidate with reference to the election.Explanation. - The expression "a promise of individual profit"

(i)does not include a promise to vote for or against any particular measure which may come before a school board for consideration, but

(ii)subject thereto, includes a promise for the benefit of the person himself or any person in whom he is interested.

(7)If the validity of the election is brought in question only on the ground of an irregularity or informality which has not materially affected the result of the election or which has not been corruptly caused, the Judge shall not set aside the election.

(8)If the Judge sets aside an election under Clause (a) of sub-section (5) he may, if he thinks fit, declare any person by whom any corrupt practice has been committed within the meaning of sub-section (6) to be disqualified from being a member of any school board for a term of years not exceeding five and the decision of the Judge shall be conclusive:Provided that no such declaration shall be made in respect of any person without such person being given an opportunity to show cause why such declaration should not be made:Provided further that such person may by an order of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in that behalf be at any time relieved from such disqualification.

6A. [ Disqualification at the time of election, etc., discovered subsequently. [Section 6A was inserted by Bombay 12 of 1956, section 2.]

(1)If it appears to the State Government on representation being made to it that a member of the school board was disqualified for being such member under the provisions of Section 5 or Section 9-A at the time when such member was elected, appointed or nominated and the member does not admit that he was so disqualified, the question shall be decided by the State Government, and its decision shall be final.

(2)No such representation shall be entertained,-

(i)if it is made by a person who is or was entitled to file an application to the District Judge under section 6 to question the validity of the election of the member;

(ii)if it is made before the expiration of the period prescribed for such application under the said section, or

(iii)if an application to the District Judge under Section 6 is pending or has been tried, unless the State Government is satisfied that the question of the member's disqualification by reason of these circumstances was not or could not have been raised in such proceedings.

(3)When in relation to proceedings under sub-section (1) the member admits that he was disqualified under the provisions of Section 5 or Section 9-A or where under the aforesaid sub-section the State Government decides that the member was disqualified, his seat shall thereupon become vacant; but no person who does not admit that he was disqualified, shall be held to be disqualified unless such decision has been arrived at after giving such person reasonable opportunity to show cause.]

7. Disqualification after becoming a member.

(1)If any member of the school board, during the term for which he has been elected, appointed or nominated.

(a)[ absents himself from the meetings during three successive months or from three consecutive meetings of the school board whichever period is longer without the [*] [This clause was substituted for the original by Bombay 46 of 1949, Section 4.] permission of the Board or]

(b)becomes subject to any of the disqualifications mentioned in [Section 5] [This word and figure were substituted for the word and figure 'Section 6' by Bom 9 of 1951 Section 3, Second Schedule.] he shall be disabled from continuing to be a member of such board and his seat shall be deemed to be vacant:

Provided that he shall not be deemed to have incurred any disqualification under clause (f) of section 5 by reason of his having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same, if he has obtained the previous sanction of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to have such share or interest.

(2)If any question, dispute or doubt arises whether a vacancy has occurred under this Section, the orders of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall be final for the purposes of deciding such question, dispute or doubt.

7A. [ Penalty for sitting or voting when disqualified. - (1) If any person sits or votes as a member of the school board when he knows that he is not qualified or that he is disqualified for membership thereof, he shall upon it being so found by the Collector be liable in respect of each day on which he so sits or votes to a penalty of 50 rupees to be recovered as an arrear of land, revenue.

(2)The Collector shall give such person a reasonable opportunity of being heard and shall record his decision, and the reasons therefor, in writing.

(3)Any person found liable to pay a penalty under this Section, may within fifteen days of such decision appeal to the State Government, and the decision of the State Government shall be final.] [Section 7A was inserted by Bombay 12 of 1956, section 3.]

8. Disabilities on account of interest in subject-matter.

- A member shall not vote or take part in a discussion on any matter before a meeting of the school board in which he has directly or Indirectly, by himself or his partner, any share or interest such as is described in Clause (f) of Section 5 or in which he is professionally interested on behalf of a client, principal or other person. The vote so given shall not be counted.

9. Removal of members of the school board for misconduct.

- [State] [The This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may on its own motion or on recommendation supported by a resolution passed by at least two-thirds of the whole number of members of-

(i)the school board, or

(ii)the district local board or the authorised municipality which elected the members, remove any member elected, appointed or nominated on the school board, if such member has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties as a member by reason of any physical or mental infirmity:

Provided that no person shall be so removed nor shall any resolution recommending the removal of any member be passed unless the member to whom it relates has been given a reasonable opportunity of showing cause why he should not be so removed or why such recommendation should not be made.

9A. [ Disqualification of person for misconduct after he has resigned as member. [Section 9A was inserted by Bombay 25 of 1952, Section 4.]

- If any person, who was a member of the school board and who had resigned his office as such member, has been, after due inquiry, found guilty of misconduct in the discharge of his duties, or of any disgraceful conduct as a member, the State Government may by an order notified in the Official Gazette declare him notwithstanding the fact that he had resigned his office as such member, to be disqualified for being elected, appointed or nominated a member of any school board from such date and for such period not exceeding five years as may be specified in the order. The State Government may at any time by like order remove the disqualification so incurred by any person. The decision of the State Government under this Section shall be final.]

10. Election of Chairman and Vice-Chairman.

(1)Every school board shall elect a Chairman and Vice-Chairman from amongst the members of the board.

(2)A chairman and a vice-chairman shall be removable from office by a resolution passed to that effect, provided that at least two-thirds of the total number of members of the school board vote in favour of such resolution or where the number of such members voting in favour of such resolution is less than two-thirds but more than one-half of the total number of members of the school board, sanction is accorded by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government for such removal and provided further that before such resolution is passed, the chairman or vice-chairman is given at least two weeks' notice of such resolution and a reasonable opportunely of showing cause why such resolution should not be passed.

(3)Every chairman or vice-chairman who, for a continuous period exceeding three months, absents himself from the district without leave of the school board shall cease to be chairman or vice-chairman.

(4)No leave shall be granted by the school board under sub-section (3) for a total period exceeding six months during the term of the school board.

(5)Whenever leave is granted to a vice-chairman under sub-section (3) a member shall be elected to be the vice-chairman during the period of such leave.

10A. [ Authority in place of district school board where there is no district local board. - (1) Notwithstanding anything conbiined in this Act and save as otherwise provided in section 12A, in any district for which a district local board has not been established, the power and duties of the district school board under this Act shall be exercised and performed by such authority as the [State] [This section was inserted by Bombay 46 of 1949, section 5.] Government may appoint. The exercise of such powers and the performance of such duties shall be in accordance with such directions as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may from time to time give.

(2)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall maintain such number of primary schools in such district as it may from time to time determine.

(3)When a district local board is established for such district, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may by order direct that with effect from such date as may be specified in the order, hereinafter in this section referred to as the said date,-

(a)such primary schools with their lands, buildings, records and equipment as may be specified in the order shall vest in the district school board constituted for the district,

(b)such primary school teachers and other persons as may be specified in the order, who were employed for the purpose of the primary schools maintained by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government immediately before the said date, shall be taken over and employed by the said district school board, on the same terms and conditions on which they were employed immediately before the said date or on such other terms and conditions, as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may direct.]

Chapter III
Powers, Duties and Functions of District School Board, Authorised Municipalities and Municipal School Boards.

A. District School Boards.

11. Incorporation of district school boards.

- Every district school board shall be a body corporate by the "The District School Board of........", and shall have perpetual succession and a commons eal and may sue and be sued in its corporate name, and shall be competent to acquire and hold property both moveable and immovable, whether within or without the limits of its area, to lease, sell or otherwise transfer any moveable or immovable property which may have become vested in or been acquired by it, and to contract and do all things necessary for the purpose of this Act.

12. Vesting of property in and absorption of staff by district school board.

(1)Notwithstanding anything contained in any law, [on the date of the coming into force of this Act (hereinafter in this section referred to as "the said date")] [This portion was substituted for the words 'on the constitution of a district school board under section 4' by Bombay 8 of 1949, section 3.] all primary schools with their lands, buildings, records and equipment and all other properties, moveable or immovable, which were vested, in, held by or were under the control of [a district local board] [These words were substituted for the words 'the district local board', by Bombay 8 of 1949, section 3.] for the purposes of primary education, immediately before [the said date] [These words were substituted for the words 'the date on which the school board was constituted', by Bombay 8 of 1949, section 3.] shall, on [the said date] [These words were substituted for the words 'such date', by Bombay 8 of 1949, section 3.] be vested in, held by or be under the control of the district school board for the said purposes:Provided that in the event of any question, dispute or doubt arising as to whether any particular property shall so vest in or be held by or under the control of the district school board, the matter shall be referred to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government whose decision thereon shall be final.

(2)[] [See section 70 (2).] [on the said date] [These words were substituted for the words 'on a date notified by the Provincial Government in this behalf' by Bombay 8 of 1949, section 3.] every district local board shall transfer and every district school board shall take over and employ such primary school teachers and other persons as ere employed by or under the district local board on [the said date] [This words were substituted for the words 'on a date notified by the provincial Government in this behalf' by Bombay 8 of 1949, section 3.] for the purposes of primary education, on the same terms and conditions on which such teachers or persons were employed by or under the said district local board.

(3)The existing and future rights, liabilities, duties, and powers of the district local board in respect of such teachers or other persons so far as they are not inconsistent with the provisions of this Act or the rules or regulations made thereunder shall vest in and be performed or exercised by the said district school board on and as from [the said date] [These words were substituted for the words 'date notified under sub-section (2)', by Bombay 8 of 1949, section 3.].

(4)[ In the Kutch area of the State, the foregoing provisions of this section shall have effect subject to the following modifications, namely:-

(i)in sub-section (1), for the words "on the date of the coming into force of this Act" the words "on such date as the State Government may, by notification, in the Official Gazette, specify" shall be substituted;

(ii)after the words "district local board" wherever they occur, the words "or, as the case may be, the State Government" shall be inserted.]

(5)[ (a) If on the date specified under sub-section (1), a district school board has not been constituted in the district of Kutch but taluka panchayats and a district panchayats have been constituted in that district under the Gujarat Panchayats Act, 1961, (Gujarat VI of 1962), the all primary schools with their lands, buildings, records and equipment and all other properties movable or immovable which in the said district were vested in, held by or were under the control of the State Government for the purposes of primary education immediately before the said date shall on the said date be vested in, held by or be under the control of the said taluka panchayats or the district panchayats, as the case may be, in accordance with the distribution made in that behalf by the State Government by an order under clause (b).

(b)For the purposes of clause (a) the State Government, having regard to the functions ad duties of a taluka panchayat and a district panchayat in the sphere of primary education under Schedule II and Schedule III to the Gujarat Panchayats Act, 1961, (Gujarat VI of 1962), may by an order in writing direct-

(i)that the primary schools with their lands, buildings, records and equipment and all other properties moveable or immoveable vesting in it or held by it or under its control shall vest in, be held by or be under the control of a taluka panchayat or district panchayat or district panchayat as may be specified in the order; and

(ii)that such of the powers, functions, and duties of a district school board under this Act shall be exercised and performed by a taluka panchayat or district panchayat as may be specified in the order.]

13. Powers, duties and functions of the district school boards.

(1)Subject to the provisions of this Act and the rules made thereunder, the district school boards shall have control over all approved schools within the district and may grant aid to any approved school other than a primary school maintained by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or by a school board or by an authorised municipality.

(2)Subject to the provisions of this Act and the rules made thereunder, and so far as its primary education fund will allow, the district school board shall perform the following duties and functions:-

(a)to provide for the welfare of the children attending primary schools;

(b)to maintain an adequate number of primary schools;

(c)to provide adequate accommodation and equipment for primary schools;

(d)to maintain an adequate staff of Assistant Administrative Officers, Supervisors, Attendance Officers, clerks, teachers, inferior servants and other staff as may in the opinion of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government be necessary;

(dd)[ to maintain such number of Vidyasahayaks as may, in the opinion of the State Government or an authorised officer, or as the case may be, be necessary.] [Clause (dd) inserted by Gujarat 3 of 2003, dated 3rd March 2003 (w.r.e.f 11-06-1998)]

(e)to maintain an adequate number of engineering staff required for the construction and maintenance of schools and other buildings;

(f)to determine, on the recommendation of the Administrative Officer, the distance measured according to the nearest road between an approved school and the residence of a child for purposes of clause (c) of Section 33;

(g)to determine with the approval of the Educational Inspector the hours of instruction and the number and duration of vacations;

(h)to determine the exact location of the primary school;

(i)to grant on the recommendation of the Administrative Officer exemption from attending an approved school to a child who is receiving instruction otherwise than in an approved school;

(j)to sanction all tenders for the supply of forms, stationery, furniture or equipment;

(k)to suggest the opening of additional schools for the sanction of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government;

(l)to recommend to the Director such modifications in the curriculum as may seem necessary to suit local requirements;

(m)to advice the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government generally in respect of primary education within the district;

(n)to carry on propaganda for the expansion of primary education;

(o)to perform such other duties and functions as may be prescribed;

(3)The district school board shall from time to time with the sanction of the Director make regulations not inconsistent with the provisions of this Act and the rules made thereunder for-

(i)laying down the days, the time and the periods on each day during which a child shall be present for instruction at an approved school;

(ii)determining the constitution, powers and duties of the taluka advisory committees;

(iii)the supply of books, slates, educational requisites, milk, meals or clothes to children of any age receiving primary education, if provision for such supply is made.

14. [Relinquishment of powers and duties.

(1)The district school board may, by resolution passed by at least two-thirds of the whole number of menlbers of the board, and with the consent of the District Local Board, intimate to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government that it desires to relinquish its powers and duties excepting the duties of advising and of carrying on propaganda for the expansion of primary education.

(2)If, on receipt of such intimation, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government so direct, all powers and duties of the district school board, other than those so excepted, shall from such date and for such period as may be notified by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in this behalf, be exercised and perform on behalf of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in the prescribed manner.

(3)All primary schools with their lands, buildings, records and equipment and all other properties, movable or immovable, which were vesting in, held by or were under the control of the district school board immediately before the date notified by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under sub-section (2) shall vest in, be held by or be under the control of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government during the period notified under the said sub-section.

15. Constitution of taluka advisory committee.

- The district school board may by a resolution recommend to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government the establishment of taluka advisory committees for all or any of the talukas in the district to advise it in respect of primary education. On such recommendation being accepted by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government such committees shall be constituted from a date to be notified by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in the Official Gazette. The constitution, power and duties of committees shall be as laid down in the regulations made by the district school board:Provided that the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950] Government may on its own motion or on the recommendation of the district school board supported by at least two-thirds of the whole number of members of the board by an order dissolve a taluka advisory committee from a date to be notified in the Official Gazette.B. Authorised Municipalities.

16. Authorised municipalities to exercise powers, etc. and hold properties of local authority-municipalities.

(1)The [State] [This word was substituted for the word Provincial' by the Adaptation of Laws Order, 1950.] Government may authorise any municipality constituted under the Bombay District Municipal Act, 1901 (Bombay Ill of 1901), or under the Bombay Municipal Boroughs Act, 1925 (Bombay XVIII of 1925), [or under any other corresponding law] [These words were inserted by Gujarat 13 of 1963, section 6.] to control all approved schools within its area.

(2)Subject to the provisions of this Act and of the rules and regulations made thereunder, all existing and future rights, liabilities, powers and duties of any municipality, which was a local authority under the Bombay Primary Education Act, 1923 (Bombay IV of 1923), immediately before the date of the coming into force of this Act, in respect of primary school teachers and other persons employed by it for the purposes or primary education shall on such date vest in and be performed or exercised by the said municipality as an authorised municipality under this Act; and all properties, movable or immovable, vesting in or held by or be under the control of such municipality for the purposes of primary education, shall from such date continue to vest in, be held by or be under the control of such municipality as such authorised municipality.

17. Duties and functions of authorised municipalities.

(1)Subject to the provisions of this Act and the rules made thereunder, an authorised municipality shall perform the following duties and functions, namely:-

(a)to make adequate provision for maintaining the existing primary schools and opening new schools where ever necessary and for granting aid to approved schools other than primary schools maintained by the [State] [This word was substituted for the word Provincial' by the Adaptation of Laws Order, 1950.] Government or by a school board or by an authorised municipality;

(b)to provide adequate accommodation and equipment for primary schools;

(c)to maintain an adequate staff of Assistant Administrative Officers, Supervisors, Attendance Officers, clerks, teachers, inferior servants and other staff as may in the opinion of the [State] [This word was substituted for the word Provincial' by the Adaptation of Laws Order, 1950.] Government be necessary;

(cc)[ to maintain such number of Vidyasahayaks as may, in the opinion of the State Government, be necessary.] [Clause (cc) inserted by Gujarat 3 of 2003, dated 3rd March 2003 (w.r.e.f 11-06-1998)]

(d)to make adequate provision for facilities for the free primary education of all children to whom a scheme of compulsion applies;

(e)to sanction with or without variation the budget of the municipal school board;

(f)to perform such other duties and functions as may be prescribed.

(2)The authorised municipality may, subject to the provisions of this Act and the rules made thereunder, also make provision for the welfare of the children attending primary schools within its area.

(3)The authorised municipality shall, subject to the sanction of the `[State] Government, make regulations-

(i)determining the qualifications, pay and terms of employment of the Assistant Administrative Officers, Supervisors, Attendance Officers, clerks, inferior servants and other staff;

(ii)regulating the administration, management and control of primary schools;

(iii)determining the qualifications, pay and terms of employment of the Administrative Officer appointed by it under Section 22;

(iv)for the supply of books, slates, educational requisites, milk, meals or clothes to children receiving primary education, if provision for such supply is made.

C. Municipal School Boards.

18. Powers, duties and functions of Municipal School Boards.

(1)Subject to the provisions of this Act and the rules made thereunder, the municipal school board shall be responsible for the management and control of all primary schools which vest in the authorised municipality and for the control of all other approved schools within the area of the authorised municipality excepting such as are maintained by the [State] [This word was substituted for the word Provincial' by the Adaptation of Laws Order, 1950.] Government; and the board shall exercise such powers and perform such duties and functions of the authorised municipality in respect of primary education as may be prescribed.

(2)Subject to the provisions of this Act and the rules made thereunder, a municipal school board shall perform the following duties and functions, namely:-

(a)to prepare schemes to be submitted by the authorised municipality to the [State] [This word was substituted for the word Provincial' by the Adaptation of Laws Order, 1950.] Government for expansion of primary education and to carry out the provisions of such scheme;

(b)to disburse monies from the primary education fund in accordance with the budget sanctioned by the authorised municipality;

(c)to perform the duties and functions specified in Clauses (f) to and (1) and (n) of sub-section (2) of section 13;

(d)to perform such other duties and functions as may be prescribed;

(3)The municipal school board shall, with the sanction of the Director, make regulations laying down the days, the time and the periods on each day during which a child shall be present for instruction at an approved school.[D. Merged Areas.] [This heading and Section 18A were inserted by Bombay 46 of 1949, section 6.]

18A. Vesting of property and absorption of staff in merged areas.

- (l) In any area administered by virtue of an order made by the Governor General under Section 290A of the Government of India Act, 1935, all primary schools with their lands, buildings, records and equipment and all other properties movable or immovable, which were vested in, held by or under the control of Government or a local authority in such area, for the purposes of primary education, immediately before the date on which such order was made, hereinafter in this Section referred to as the said date, shall with effect from the said date, if such area has formed part of a district for which a district school board has been constituted, vest in, be held by or under the control of the district school board, and in other cases, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.

(2)During the period the properties so vested in or are held by or are under the control of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in any area under sub-section (1), it shall be lawful for the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or such authority as it may appoint in this behalf to exercise in such area all the powers and perform all the duties of a district school board under this Act.

(3)All properties vesting in, held by or under the control of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under this Section shall, on such date as may be notified by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in the Official Gazette, vest in, be held by or be under the control of, the district school board, constituted for the district in which such area is situated or such authorised municipality as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may specify in the notification.

(4)The district school board or the authorised municipality or the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, as the case may be, shall take over and employ such primary school teachers and other persons as were employed by or under the Government or a local authority immediately before the date notified under sub-section (3) or the said date as the case may be for the purposes of primary education on the same terms and conditions on which such teachers and persons were employed immediately before the relevant date or on such terms and conditions as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may direct.

(5)In the event of any question, dispute or doubt arising as to whether any particular property shall so vest in or be held by or be under the control of the district school board, the authorised municipality or the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or any particular staff shall be so taken over and employed by any of them or any terms and conditions on which such staff shall be taken over and employed, the matter shall be referred to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government whose decision thereon shall be final.

Chapter IV
Non-Authorised Municipalities

19. Exercise of powers, etc. and holding of property in respect of non authorised municipalities.

(1)Subject to the provisions of this Act and of the rules made thereunder, all properties movable and immovable vesting in, held by or under the control of any non-authorised municipality for the purpose of primary education shall vest in, be held by or be under the control of the district school board of the district in which it is situated or such authorised municipality as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may specify with the consent of authorised municipality; and all existing and future rights, liabilities, powers and duties of any such non-authorised municipality in respect of primary school teachers and other persons employed by it for such purposes shall vest in and be performed or exercised under this Act and all approved schools within the area of such non-authorised municipality shall be controlled by the said district school board or the authorised municipality, as the case may be.

(2)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, at any time by an order published in the Official Gazette together with reasons therefor, direct that any authorised municipality shall, with effect from a date specified in this behalf, cease to be an authorised municipality; and with effect from such date the said municipality shall be a non-authorised municipality. The provisions of sub-section (1) shall thereupon apply in the case of such municipality.

(3)If any non-authorised municipality is at any time authorised by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to control all approved schools within its area, the said municipality shall thereafter be an authorised municipality. Thereupon all properties movable and immovable vesting in, held by or under the control of a district school board or an authorised municipality for the purposes of primary education in such area shall vest in, be held by or be under the control of such first mentioned municipality; and all existing and future rights, liabilities, powers and duties in respect of primary school teachers and other persons employed by the district school board or authorised municipality for the purposes of primary education in such area shall also vest in and be performed or exercised by the said first mentioned municipality.

Chapter V
Administrative Machinery

20. District school board, authorised municipality to maintain adequate staff, pay, etc.

(1)Every district school board with the approval of the [State] [This word was substituted for the word-Provincial' by the Adaptation of Laws Order, 1950.] Government and every authorised municipality shall maintain an adequate staff of Assistant Administrative Officers, Supervisors, Attendance Officers, clerks, primary school teachers and inferior servants and other staff (including engineering staff), as may in the opinion of the [State] [This word was substituted for the word-Provincial' by the Adaptation of Laws Order, 1950.] Government be necessary for the administration, management and control of approved schools within its area [or for enabling a Primary School Panchayat constituted under Section 36B to discharge its functions under this Act.] [These words, figures and letter were added by Bombay 67 of 1954, section 2.]

(1A)[ Every district school board, and every authorised municipality and recognised private primary school shall, with the approval of the State Government or of an authorised officer, maintain such number of Vidyasahayaks as may, in the opinion of the State Government or an authorised officer, as the case may be, be necessary.] [Sub-section (1A) inserted by Gujarat 3 of 2003, dated 3rd March 2003 (w.r.e.f 11-06-1998)]

(2)The staff maintained under sub-section (1) shall be servants of the district school board or of the authorised municipality, as the case may be, and shall receive their pay, allowances, [***] [The words 'provident fund' were deleted by Bombay 46 of 195 1, Section 2 (1).] gratuities and pensions from its primary education fund. [Such staff maintained by a district school board shall receive their provident fund from the provident fund from fund established under section 46A and the primary school teachers maintained by an authorized municipality shall receive their provident fund from the primary education fund.] [This portion was added by Bombay 33 of 1953, section 2(i).]

(2A)[ The rates of subscriptions and contributions and other conditions of the provident fund established by the [State] [This sub-section was inserted by Bombay 46 of 1951, section 2(2).] Government under section 46A of the members of the staff maintained by the district school board [***] [The words 'and for the primjary school teachers maintained by authorized municipalities' were deleted by Bombay 33 of 1953, section (ii).] shall be such as may be prescribed.] [This sub-section was inserted by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act), Order 1963, section 2 (1).]

(3)The rates of the pay and allowances and terms of employment in respect of [all the members of the staff maintained by a district school board and of the primary school teachers maintained by an authorised municipality] [These words were substituted for the words, brackets figures and letter 'the staff and teachers referred to in sub-section (2A)' by Bombay 33 of 1953, section 2(iii).] shall be as fixed from time to time by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.

(4)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may from time to time prescribe the duties to be performed by the staff maintained under sub-section (1).

(5)[ The State Government may constitute State Level Committee, namely, Vidyasahayak Committee to exercise such powers and perform such functions as may be prescribed.

(6)The State Government may constitute Village Education Committee and Village School Construction Committee to exercise such powers and perform such functions as may be prescribed.] [Sub-sections (5) and (6) added by Gujarat 3 of 2003, dated 3rd March 2003 (w.r.e.f 11-06-1998)]

21. Administrative Officer.

(1)For every school board there shall be an Administrative Officer. He shall be the chief executive officer of the board; his powers and duties shall be as prescribed.

(2)The Administrative Officer shall be appointed by and shall be servant of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government. He shall draw his pay and allowances from the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] revenues.

22. Delegation of power to appoint Administrative Officer to certain authorized municipalities.

(1)Notwithstanding the provisions of Section 21, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may by notification in Official Gazette delegate the power to appoint an Administrative Officer to an authorised municipality which is a municipality constituted under the Bombay Municipal Boroughs Act, 1925 (Bombay XVIII of 1925), [or that Act as adapted and applied to the Saurashtra areas of the State] [These words were inserted by Gujarat 13 of 1963, section 7.] and the annual expenditure of which on primary education is not less than Rs. 1,00,000 for three financial years immediately preceding the date of the notification. The Administrative Officer so appointed shall be the servant of the authorised municipality and shall draw his pay, allowances, provident fund, gratuity and pension from its primary education fund.

(2)The appointment of such Administrative Officer shall be made after inviting and considering the suggestions, if any, of the municipal school board and with the approval of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government. No such officer shall, save with the previous sanction of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, be removed from his office, reduced or suspended except by a resolution passed by at least, two-thirds of the whole number of Councillors of the authorised municipality.

(3)The qualifications, pay, allowances and the terms of employment of such Administrative Officer shall be in accordance with the regulations framed by the authorised municipality with the sanction of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.

23. Staff selection committee and appointment of teachers.

(1)There shall be a staff selection committee for every [authorised municipality ad for every district within the jurisdiction of a district panchayat] [These words were substituted for the words 'District school board or authorized municipality' by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act) Order, 1963.].

(2)The staff selection committee shall consist of the [Educational Inspector of the district] [These words were substituted for the words 'Educational Inspector of the division' by Bombay 2 of 1955, section 3, Second Schedule.] or an other officer designated by the Director, [the Chairman of the municipal school board in the case of an authorsied municipality and the Chairman of the Education Committee of a district panchayat in the case of a district within the jurisdiction of such panchayat] [These words were substituted for the words 'The Chairman of the school board' by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act) Order, 1963.] and the Administrative Officer:[Provided that where in the case of any such district, a District Primary Education Staff Selection Committee has been appointed under sub-section (3) of section 211 of the Gujarat Panchayat Act, 1961, (Gujarat VI of 1962), the Committee so appointed shall be deemed to be the Staff Selection Committee for such district in so far as the recruitment of primary teachers and such other staff in connection with primary education may be prescribed under the said sub-section (3) of section 211 is concerned.] [This proviso was added by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act) Order, 1963.]

(3)The Administrative Officer shall act as secretary to the staff selection committee.

(4)The committee shall select candidates for appointments as Assistant Administrative Officers, Supervisors, Attendance Officers and teachers; and in the case of district school boards, also members of the other staff excluding inferior servants. The committee shall also select teachers to be deputed for training. The selection of candidates and teachers shall be made in accordance with the instructions issued, by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.

(5)The school board or the authorised municipality or the Administrative Officer as the case may be, shall make appointments of the candidates, so selected in accordance with the directions given by the staff selection committee.

23A. [ Vidyasahayaks. [Section (23A) inserted by Gujarat 3 of 2003, dated 3rd March 2003 (w.r.e.f 11-06-1998)]

(1)For selection of Vidyasahayaks there shall be a Selection Committee -

(a)for every district, consisting of such persons as may be prescribed;

(b)for the area of every authorised municipality, consisting of such persons as may be prescribed;

(c)for recognised private primary schools consisting of such persons as may be prescribed;

(2)The qualifications for appointment of Vidyasahayaks shall be such as may be prescribed.

(3)The Selection Committee shall select candidates for appointment as Vidyasahayak on such criteria and in such manner, as may be prescribed.

(4)A District Primary Education Officer or an Administrative Officer of the Municipal School Board or the managing trustee in private primary grant-in-aid school with the approval of the District Primary Education Officer, as the case may be, may make appointments of the candidates in accordance with the directions given by the Selection Committee and subject to such terms and conditions as laid down in Vidyasahayak Scheme as may be prescribed.

(5)No person shall be appointed as Vidyasahayak unless he has entered into a contract with the District Primary Education Officer or the Administrative Officer of the Municipal School Board or the management in case of recognised grant-in-aid private primary school with the approval of the District Primary Education Officer/ District Education Officer, as the case may be, in such form and subject to such terms and conditions, as may be prescribed.

(6)The duties of Vidyasahayak shall be such as may be prescribed.

(7)The provisions of this section shall have effect, notwithstanding anything to the contrary contained in sections 20 and 23 of this Act and in any provision of the Gujarat Panchayats Act, 1993 (Gujarat 18 of 1993).] [This sub-section was inserted by Gujarat 13 of 1963, section 5.]

24. Powers of Administrative Officers over school board staff.

(1)The Administrative Officer shall have power, subject to such general instructions, as may be issued from time1, 'to time by the Director, to promote, transfer and take all disciplinary action (including removal or dismissal) against the staff maintained under Section 20.

(2)Any person aggrieved by an order of dismissal, removal, reduction or any other order involving disciplinary action made under sub-section (1), may submit an appeal to a tribunal consisting of the chairman of the school board and the [Educational Inspector of the district] [These words were substituted for the words 'Educational Inspector of the division' by Bombay 5 of 1962, section 3, Second Sch.]. The tribunal shall follow the prescribed procedure for the disposal of its business. In the event of a difference of opinion between the members of the tribunal the appeal shall be referred to the Director whose decision [subject to the provisions of this Section] [These words were inserted by Bombay 50 of 1958, section 2(a).] [shall be final:Provided that in the case of a district within the jurisdiction of a district panchayat, the tribunal shall consist of the Chairman of the Education Committee of district panchayat and the Educational Inspector of the district:] [These words and proviso were substituted for the words 'shall be final' by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act) Order, 1963.][Provided further that] [These word was substituted for the word 'Provided that', by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act) Order, 1963.,] a primary school teacher who is a guaranteed teacher on the date of the coming into force of this Act, may make a further appeal to the [State] [This word was substituted for the word Provincial' by the Adaptation of Laws Order, 1950.] Government against an order of removal or dismissal.Explanation: - A guaranteed teacher means a primary school teacher who was holding a permanent, appointment as such teacher on 30th June 1923.

(3)An appeal under sub-section (2) shall be made within 30 days [from the date on which the order appealed against was communicated to the aggrieved person.] [These words were substituted for the words 'from the date of the order appealed against' by Bombay 26 of 1954, section 3.]

(4)[ Notwithstanding anything contained in this Section, the State Government may call for and examine the record of any order made by the Administrative Officer under sub-section (1) [or of any order made in appeal by the tribunal or Director under subsection (2)] [Sub-section (4) was added by Bombay 25 of 1952, Section 5.] involving disciplinary action against the staff maintained under Section 20, for the purpose of satisfying itself as to the correctness or propriety of the punishment awarded under the said order and if after causing such inquiry to be made as it deems fit the State Government is of opinion that the said order should be modified, annulled or reversed, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may pass such order thereon as it deems fit:Provided that no such order shall be made by the State Government in revision to the prejudice of any person unless such person has had an opportunity of being heard in his defence.]