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Bombay Presidency - Section

Section 67 in Bombay Primary Education Act, 1947

67. Transitory and special provision, in respect of Banaskantha District School Board, on account of re-organisation of States. - (1) With effect from such date as the State Government may, by notification in the Official Gazette appoint, the District School Board of Banaskantha shall notwithstanding anything contained in this Act, stand reconstituted and shall be deemed to be the District School Board for the District of Banaskantha as formed on the 1st day of November 1956 (XXXVII of 1956) by the States Reorganisation Act, 1956 (XXXVII of 1956), and shall consist of such number of members as may be nominated by the State Government in this behalf.

(2)The members to be nominated shall, as far as may be, be persons who were the members of the Banaskantha School Board and who represented the areas included in the said district excluding the Abu-Road taluka, before such reconstitution.
(3)The Members of the school board so reconstituted shall hold office for such period, as the State Government may by notification in the Official Gazette specify, but not exceeding one year from the date of such reconstitution.
(4)The Chairman and Vice-Chairman of the school board reconstituted as aforesaid shall be elected in the manner provided in this Act.
(5)
(a)When the period of office of the members of the school board under sub-section (3) is due to expire, the school board of the district shall be constituted in the manner provided in Section 4 and other relevant provisions of this Act.
(b)Notwithstanding the expiry of the period of office of members, they shall continue in office until the members of the new school board are elected, appointed or nominated, as the case may be.
(6)Upon the reconstitution of the school board under this Section or as soon as may be thereafter, the State Government after consulting the Government of Rajasthan may, by order provide for all or any of the following matters, namely:-
(a)the transfer, in whole or in part, of the assets, rights and liabilities (including any rights and liabilities under contract) of the former school board of Banaskantha to the reconstituted school board of Banaskantha and the terms and conditions (if any) of such transfer;
(b)the transfer or re-employment of any of the employees of the former school board to or by the reconstituted school board of Banaskantha;
(c)such incidental consequential and supplementary matters as may be necessary to give effect to such apportionment and transfer.
(7)Where an order is made under this Section transferring the assets, rights or liabilities of the former school board, then by virtue of that order such assets, rights and liabilities of such board shall vest in and be the assets, rights and liabilities of the reconstituted school board.][68. Validating provisions in respect of certain district school boards. - (1) If by virtue of the extension of the Bombay Land Revenue Code, 1879, (Bombay V of 1879), to the Saurashtra area of the State by the Bombay Land Revenue Code (Extension to Saurashtra area) Ordinance, 1959 (Bombay Ord. No. II of 1959), and reconstitution of the districts specified in column 2 of the Schedule under Government of Bombay, Revenue Department Resolution No. TLC-3858-C, dated the 19th June 1959 any scheduled district school board has transferred-
(a)any primary schools and other properties, movable and immovable, which were vested in or held by it or were under its control before such reconstitution,
(b)any primary school teachers and other persons as were employed by or under it before such reconstitution,
(c)any of its assets and liabilities held or incurred before such reconstitution, to any other scheduled district school board and the latter has taken over the primary schools, properties, primary teachers, persons, assets and liabilities so transferred, such transfer and taking over shall be valid and shall be deemed always to have been valid and such not be called in question merely on the ground that such transfer and taking over was not authorized under the provisions of this Act, or the Saurashtra Primary Education Act, 1956, (Saurashtra Act XXXIII of 1956), as then in force; and accordingly all jurisdiction and powers exercised, functions performed and duties discharged and any other thing done or action taken before the coming into force of the Bombay Primary Education, (Gujarat Extension and Amendment) Act, 1963 (Gujarat XIII of 1963) by a scheduled district school board in respect of such primary schools, properties, primary, teachers, persons, assets and liabilities shall be valid ad shall not be called in question merely on the ground aforesaid:
Provided that in the case of primary teachers and persons so taken over, nothing in this sub-section shall affect the terms and conditions of service as were applicable to them immediately before such taking over.
(2)Notwithstanding anything contained in this Act or the Saurashtra Primary Education Act, 1956, (Saurashtra Act XXXIII of 1956), each of the scheduled district school boards shall be deemed to have been validly constituted for the district specified against it in column 2 of the schedule from the date of the reconstitution of the district under the aforesaid notification and the terms of office of the members thereof holding office immediately before the date of the commencement of the Bombay Primary Education, (Gujarat Extension and Amendment) Act, 1963, (Gujarat XIII of 1963), shall continue under this Act until the schedule district school board is constituted under section 4 or the expiry of one year from the said date, or the coming into force of section 155 of the Gujarat Panchayats Act, 1961, (Gujarat VI of 1962), whichever is earlier.Explanation. - For the purpose of this section, a schedule district school board means a district school board specified in column 1 of the Schedule.