Section 3 in The Gujarat Secondary and Higher Secondary Education Act, 1972
3. Constitution and incorporation of Board.
(1)With effect on and from such date as the State Government may, by notification in the Official Gazette notify in this behalf, there shall be established for the purposes of this Act a Board to be called the Gujarat Secondary [and Higher Secondary] [These words inserted by Gujarat 14 of 2002, dated 6th April, 2002.] Education Board. The Board shall be a body corporate and have perpetual succession and a common seal and may by the said name sue and be sued and shall be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and to do all things necessary for the purposes of this Act.(2)The Board shall consist of a Chairman and a Deputy Chairman, both of whom shall be appointed by the State Government and of the following members that is to say-Class A-Ex-Officio Members(i)[ The Commissioner of Higher Education. [Substituted for clauses (i) to (x) by Gujarat 14 of 2002, dated 6th April, 2002.](ii)The Commissioner of Schools and Mid-day meal.(iii)The Director of Technical Education.(iv)The Joint Director (10 + 2).(v)The Director of Primary Education.(vi)The Director, Gujarat State Board of School Text Books.(vii)The Director, Gujarat State Council of Educational Research and Training.(viii)The Director of Employment and Training.(ix)Two officers of Education Department not below the rank of Deputy Secretary as designated by the State Government.(x)The Chairman, State Board of Examination.(xi)The Chairman, Technical Education Board.(xii)The Secretary, Post Basic Education Board.(xiii)The Director of Examination, Gujarat Secondary and Higher Secondary Education Board.(xiv)The Director, Gujarat State Institute of Educational Technology.(xv)The Officer on Special Duty, Gujarat Secondary and Higher Secondary Education Board.]Provided that if there is no post having any of the designations mentioned above, the State Government may designate any officer holding a corresponding post, who. deals, with the matters that would be normally connected with such post.Class B-Elected Members(i)One member elected from amongst themselves by the members of the Academic Council of each University and of the institutions recognised by the University Grants Commission or declared by the Central Government as Universities in accordance with the provisions of clause (f) of Section 2 or of Section 3, as the case may be, of the University Grants Commission Act, 1956 (III of 1956):Provided that where there is no Academic Council in any University or such institution recognised or declared as University, such authority of the University, or, as the case may be, such institution as may be approved by the State Government in this behalf shall be deemed to be the Academic Council of such University, or as the case may be, institution, for the purpose of this clause.(ii)Five members elected by the headmasters of registered schools other than post basic schools from amongst themselves.(iii)One member elected by the head-masters of the post basic schools registered under this Act from amongst themselves.(iv)Five members elected by the teachers of registered schools other than post basic schools from amongst themselves.(v)One member elected by the teachers of Post Basic Schools registered under this Act, from amongst themselves.(vi)One member elected by the Principals of the Secondary Teachers Training Colleges and Graduate Basic Training Colleges from amongst themselves in such manner as may be prescribed.[(vi-a) One member elected by the non-teaching staff of registered private secondary schools from amongst themselves.] [Clause (vi-a) inserted by Gujarat 8 of 1983, dated 31st March, 1983 (w.r.e.f. 25-11-1983).][(vi-ab)One member elected by non-teaching staff of registered secondary and higher secondary schools from amongst themselves. [Clause (vi-ab) and Explanation inserted by Gujarat 14 of 2002, dated 6th April, 2002.]Explanation. - The member elected under clauses (vi-a) and (vi-ab) shall not be eligible to be nominated as the member of the school staff selection committee for teachers and principals.][(vi-aa) three members elected by the teaching staff of registered higher secondary schools from amongst themselves.] [Clause (vi-aa) inserted by Gujarat 3 of 1997, dated 27th February, 1997 (w.r.e.f. 09-08-1996).][(vi-aaa) One member elected from amongst teachers of Government secondary and higher secondary schools.] [Clause (vi-aaa) inserted by Gujarat 14 of 2002, dated 6th April, 2002.](vii)[ four members elected by the representatives of the management of registered Secondary and Higher Secondary Schools registered under the Societies Registration Act, 1860 (Act XXI of 1860) and the Bombay Public Trusts Act, 1950 (Bombay XXIX of 1950) from amongst themselves in such manner as may be prescribed.] [Clause (vii) substituted by Gujarat 14 of 2002, dated 6th April, 2002.][***] [Clause (viii) deleted by Gujarat 14 of 2002, dated 6th April, 2002.](ix)three members elected by the presidents of the Parents' Associations of registered private secondary schools [and registered private higher secondary schools] [These words inserted by Gujarat 14 of 2002, dated 6th April, 2002.] from amongst themselves.Explanation. - In this clause,-(1)"Parents' Association" in relation to any registered private secondary schools [and registered private higher secondary schools] [These words inserted by Gujarat 14 of 2002, dated 6th April, 2002.] shall mean an association of parents and guardians of students of that school, formed and recognised by the headmaster of that school, whether before or after the appointed day,(2)(a)in relation to a Parents' Association whose President is a headmaster, a teacher, a manager or a member of a governing body or other body in charge of the management of the school, "President" shall mean such member of that Association other than such headmaster, teacher, manager or, as the case may be, member, as may be authorised in writing by the Association; and(b)in a case where the President of a Parents' Association is himself absent or incapable of acting, the President shall, for the purpose of electing a member under this clause, mean such other member of that Association as may be authorised in writing by the Association for that purpose.(c)[ A member of the Parent's Association shall cease to be such member on completion of his child's Secondary or, as the case may be, higher secondary education.] [Sub-para (c) inserted by Gujarat 14 of 2002, dated 6th April, 2002.](x)Five members elected by the Gujarat Legislative Assembly from amongst its members in accordance with the system of proportional representation by means of the single transferable vote:Provided that for the purposes of clauses (ii) and (iv) of this Class the registered schools other than post-basic schools in the State shall from time to time be so arranged by the State Government in five groups that the number of such schools in any one group shall be as near as possible to twenty per cent of the total number of such schools in the State, and the head-masters or, as the case may be the teachers of such schools in each such group shall elect one member:[Provided further that for the purposes of clause (vi-aa), the State Government shall, by an order published in the Official Gazette, divide the State into three regions each having, as far as possible, an equal number of registered higher secondary schools within the areas comprised therein and the teaching staff of registered higher secondary schools in each such region shall elect one member.] [Proviso inserted by Gujarat 3 of 1997, dated 27th February, 1997 (w.r.e.f. 09-08-1996).]Provided further that for the purpose of clause (ix) the State Government shall, by an order published in the Official Gazette, divide the State into three regions each having as far as possible an equal number of registered private secondary schools [and registered private higher secondary schools] [These words inserted by Gujarat 14 of 2002, dated 6th April, 2002.] within the areas comprised therein and the Presidents of Parents' Associations in each such region shall elect one member:Provided further that a person shall cease to hold office as a member of the Board if he ceases to be a member of the Academic Council or of the institution which elected him, or ceases to be a head-master or teacher of a registered school or the Principal of a Secondary Teachers Training college or a [Graduate Basic Training College] [Substituted for 'Graduate Basic Training College' by Gujarat 3 of 1997, dated 27th February, 1997 (w.r.e.f. 09-08-1996).] or a member of non-teaching staff of registered private secondary schools [and registered private higher secondary schools] [These words inserted by Gujarat 14 of 2002, dated 6th April, 2002.] or of teaching staff of registered higher secondary schools] or a representative of the management of the [registered schools] [Substituted for 'registered secondary schools' by Gujarat 14 of 2002, dated 6th April, 2002.] or a president of a Parents' Association or as the case may be, a member of the Gujarat Legislative Assembly:Provided also that where the Board is constituted for the first time the members of this class shall be nominated by the State Government from amongst persons qualified to be elected as members of this Class.Class C-Nominated MembersThree members nominated by the State Government from amongst persons who have special knowledge or practical experience in the field of Science, Industry or Commerce.(3)The names of persons (not being ex-officio members) who have been elected or nominated from time to time, as members of the Board shall be published by the Board in the Official Gazette.
