Section 40B in Gujarat Primary Education Act, 1947
40B. Dismissal, removal or reduction in rank of teachers.
(1)(a)No teacher of a recognize private primary school shall be dismissed or removed or reduced in rank nor shall his service be otherwise terminated until-(i)he has been given by the manager an opportunity of showing cause against the action proposed to be taken in regard to him; and(ii)the action proposed to be taken in regard to him has been approved in writing by the administrative officer of the school board in the jurisdiction of which the private primary school is situate;Provided that nothing in this clause shall apply to a teacher who is appointed temporarily for a period less than a year or a teacher appointed temporarily on a leave vacancy for a period less than a year.Explanation. - A teacher who is appointed temporarily for a period for less than a year or a teacher who is appointed temporarily o a leave vacancy for a period of such vacancy shall not be deemed to be a teacher appointed temporarily for such period, if he has at any time prior to such appointment served as a teacher either in the same private primary school or in another private primary school under the same management and the aggregate of the period of such past service and the period of service for which he is appointed exceeds one year.(b)The administrative officer shall communicate to the manager of the school in writing his approval or disapproval of the action proposed, within a period of forty five days from the date of the receipt by the administrative officer of such proposal.(2)where the administrative officer fails to communicate either approval or disapproval within a period of forty five days specified in clause (b) of sub-section (1), the proposed action shall be deemed to have been approved by the administrative officer on the date of the expiry of the said period.(3)No penalty (being the penalty other than that referred to in sub-section (1)) shall be imposed on a teacher of the private primary school unless such teacher has been given reasonable opportunity of being heard.(4)Where a teacher of a private primary school is suspended by the manager of the school pending any inquiry proposed to be held against him, the fact of his suspension together with the grounds therefore shall be communicated within a period of seven days, after such suspension by the manager to the administrative officer of the school board in the jurisdiction of which the school is situate, and such suspension shall be subject to ratification by the administrative officer within a period of forty five days from the date of receipt of communication in this behalf by the administrative officer and if such ratification is not communicated to the manager by the administrative officer within such period, the suspension of such teacher shall cease to have effect on the expiry of the said period:Provided that la teacher shall, during the period of suspension, be entitled to such subsistence allowance, and on such terms and conditions as may be prescribed.(5)Any teacher aggrieved by the order of the administrative officer under sub-clause (ii) of clause (a) of sub-section (1), may make an appeal to the Tribunal within a period of thirty days from the date on which the administrative officer has approved or deemed to have approved the action.Explanation. - For the purposes of this section, and section 40C.-(a)"manager" in relation to a private primary school means a person or body of persons in charge of the control or of management of the school;(b)"teacher" means a teacher of a recognized private primary school;(c)"Tribunal" means a Tribunal constituted under section 40F.
