Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Bombay Primary Education Act, 1947 61 of 1947 [29th January 1948] CONTENTS CHAPTER 1 :- Preliminary 1. Short title and Extent 2. Definitions CHAPTER 2 :- Constitution of District and Municipal School Boards 3. School Boards 4. Constitution of school boards 5. Dis-qualifications of members 6 . Determination of validity of elections; enquiry by Judge : procedure 6 A . Disqualification At Time Of Election, Etc, Discovered Subsequently 7. Disqualification after becoming member 7A. Penalty For Sitting Or Voting When Disqualified 8. Disabilities on account of interest in subject matter 9. Removal of members of school board for misconduct 9 A . Disqualification Of Person For Misconduct After He Has Resigned As Member 10. Election of Chairman and Vice-Chairman 10A. Authority In Place Of District School Board Where There Is No District Local Board CHAPTER 3 :- Powers Duties and Functions of District School Board Authorised Municipalities and Municipal School Board 11. Incorporation district school boards 12. Vesting of property in and absorption of staff by district school board 13. Powers, duties and functions of district school boards 14. Relinquishment of powers and duties 15. Constitution of taluka advisory committee 1 6 . Authorized municipalities to exercise powers, etc. and hold properties of local authority municipalities 17. Duties and functions of authorised municipalities 18. Powers, duties and functions of municipal school boards 18A. Vesting Of Property And Absorption Of Staff In Merged Area CHAPTER 4 :- Non-Authorized Municipalities 19. Exercise of powers, etc., and holding of property in respect of non-authorised municipalities CHAPTER 5 :- Administrative Machinery 2 0 . District school board, authorized municipality to maintain adequate staff, pay, etc 21. Administrative Officer 22. Delegation of power to appoint Administrative Officer to certain authorized municipalities 23. Staff Selection Committee 24. Powers of Administrative Officers over school board staff CHAPTER 6 :- Preparation and Enforcement of the Schemes of Compulsion 25. Preparation of scheme 26. Preparation of scheme by authorized municipality 27. Particulars to be contained in scheme 28. Sanction of State Government to scheme 29. Modification, etc.. of sanctioned schemes 30. Power to exempt children of particular classes 31. No fees to be charged in area of compulsion 32. Duty of parent to cause children to attend school 33. Meaning of reasonable excuse 34. Issue of attendance order 35. Penalty for failure to cause child to attend approved school 36. Penalty for employing child to whom scheme applies 36A. Courts Competent To Try Offences Under Sections 35 And 36 For The Purpose Of Taking Cognizance Of An Offence Under Sub- Section (1) Of Section 35 Against A Parent Or Against A Person Under Sub-Section (1) Of Section 36 36B. Constitution Of Primary Schools Panchayat, Its Powers And Procedure 3 6 C . Certificate Of Head Master Of Approved School To Be Conclusion Evidence Of Parents Failure To Comply With Section 32 36D. Saving Of Pending Proceedings 37. Administrative Officer to be public servant CHAPTER 7 :- Approved Schools 38. Subjects, curricula, etc. of approved schools 39. Recognition of and grants to approved schools under private management 40. Inspection of approved schools returns CHAPTER 7A :- RECOGNITION OF PRIVATE PRIMARY SCHOOLS 40A. Prohibition Against Imparting Primary Education By Private Primary Schools Without Recognition CHAPTER 7B :- PROCEDURE FOR IMPOSITION OF PENALTY ON TEACHERS OF RECOGNISED PRIVATE PRIMARY SCHOOLS 40B. Dismissal, Removal Or Reduction In Rank Of Teachers 40C. Resignation Of A Teacher 40D. Certain Contracts Etc. To Be Null And Void 40E. Dispute To Be Decided By Tribunal 40F. Tribunal 40G. Bar Of Jurisdiction Of Courts 40H. Savings CHAPTER 8 :- Financial Relations between the State Government and Local Bodies 41. Payment to be made by district local board and non-authorized municipality 42. Contribution by State Government 43. District school board budget 44. Primary education fund 45. Application of primary education fund 46. Deposit of primary education fund 46A. Provident Fund 47. Payment of travelling allowances to Chairman, Vice-chairman and members of school board 47A. Audit CHAPTER 9 :- Control 48. Inspecting staff 4 9 . Inspecting officers to be present at school board meetings Powers of supervision 50. Power to call for return or require explanation etc 51. Power of suspending execution of orders, etc., of school board 52. Default by authorized municipality 53. Powers of State Government to provide for performance of duties on default by school board 54. Directions by State Government 55. Enquiry into affairs of school board 5 6 . Dissolution or supersession of school board in certain circumstances 57. Dissolution of district school board and its re-constitution on alteration of limits of district CHAPTER 10 :- Board of Primary Education 58. Constitution of Board of Primary Education 59. Powers and duties of 3 board 59A. Transitory And Special Provision Of Account Of Reorganisation Of Bombay State CHAPTER 11 :- Miscellaneous 60. Delegation 61. Delegation by authorized municipalities and school boards of their powers, duties and functions 62. Limitation of suits 63. Power to make rules 64. Repeal and transitory provision relating to school boards 65. Act to prevail over provisions of certain other Acts 66. 66 6 7 . transitory and special provision, in respect of Banaskantha District School Board, on account of reorganisation of States 68. Validating provisions in respect of certain district school boards 69. Repeal of Saurashtra Act XXXIII of 1956 and saving 7 0 . References to district school board to be construed as references to taluka panchayat and district panchayat 71. Construction of reference to District School Board so far as Kutch district is concerned SCHEDULE 1 :- Schedule 1 Bombay Primary Education Act, 1947 61 of 1947 [29th January 1948] An Act to provide for compulsory primary education and to mike better provision for the management and control of primary education in the State of Bombay. Whereas it is the duty of Government to secure the development and expansion of primary education; and whereas it is the declared 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 of Bombay. It is hereby enacted as follows: CHAPTER 1 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, (3) It shall come into force on such date as the State 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 (Guj 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 (Guj XIII of 1963) comes into force. 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 Government or by a school board or by an authorised municipality which is for the time being recognized as such by a school board or by the State Government or by an officer authorized by it in this behalf; ( 3 ) "Area of compulsion" means the area in which primary education up to any standard is compulsory; (4) "Area of an authorized municipality" means the area comprised within the limits of such municipality and shall include the area of a non-authorised municipality approved schools 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 days and such time and for such period on each day as may be required under the regulations framed by the school board; (6) "Authorised Municipality" means a municipality which is authorised by the State Government under sub section (i) of section 16 to control all approved schools within its area; (7) "Child" means a boy or girl whose age is not less than six and not more than fourteen years at the beginning of the school year; Explanation:-For the purpose 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; (9) "District" in clause (h) of section 5, in section 6, sub-section (3) of section 10, sections 19 and 68 means the district as formed under the Bombay Land Revenue Code. 1879 (Bom V of 1879) or, as the case may be, that Code as extended to the Kutch area of the State of Gujarat and elsewhere the area comprised in a district so formed excluding the areas of authorized 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; (11) "Municipal School Board" means a school board constituted for the area of an authorized municipality under section 3; (12) "Non-authorized Municipality" means a municipality other than an authorized 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 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 upto any standard is imparted. (18) Board of Primary Education" means the Board constituted under section 58; (19) "School Board" means a district school board or a municipal school board, as the case may be. CHAPTER 2 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 authorized 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 Government. (3) The number of members under sub-sections (1) and (2) shall be determined by the State Government from time to time. (4) Of the members appointed by the State Government under sub-section (2) one shall be an officer of the State 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 Government may specify in this behalf or (ii) who have had experience of the system or institution of primary education. (5) ( a ) The members other then those appointed by the State 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- authorized 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 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 elected 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 members or councilors of which expires on or before the 31st day of July, 1949, the election of the members of the school board shall not be held by such district local board or authorized municipality, as the case may be, until, after the new district local board or the authorized municipality, has been constituted. (6) Of the members elected by the district local board or by the authorized municipality (such member) not exceeding two as may be prescribed shall be from amongst the Scheduled Castes and the Scheduled Tribes. (7) Members fleeted 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 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 authorised municipality not less than three shall be reserved in the prescribed manner for persons who have passed the matriculation of the second year training certificate examination or who possess any other equivalent or higher educational qualification which the State 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 are deemed to be Scheduled Castes and Scheduled Tribes in relation to the State of Gujarat under article 341 or 342, as the case may be, of the Constitution, (8) If the State 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 Government considers reasonable or has not resulted in the return of the required number of qualified persons willing to take office, the State 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 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. (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 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 a school board expires during the supersession of the electing district local board or authorised municipality a new school board shall be constituted as provided io sub-sections (1) to (7) until the district local board or authorized municipality, as the case may be, is re-established, provided that the member of such school shall be nominated by the State 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 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 of expiry or the term of office of the members of any school board under sub-sec ion (8), (9) 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 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, appointed or nomination, as the case may be: Provided that no election shall be held to fill up a vacancy of a member occurring within four months of the date on which the term of office of the members of the school board expires (14) During any vacancy the continuing members may act as if no vacancy had occurred. (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 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. 5. Dis-qualifications 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 acknowledgement of allegiance or adherence to a foreign State or (aa) is less than 25 years of age, or (b) is a Judge of civil court or a salaried Magistrate, or (c) (i) has been sentenced by a criminal court to fine- imprisonment or whipping for an offence involving moral turpitude and punishable w i t h 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 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 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 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 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, 1923, (Bom 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 or the ejecting 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 the electing local authority with the sanction of the State 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 Government may fix in this behalf, or (g) being, a police patel who is an ex-officio keeper of village cattle ponds under the control of the electing local authority. 6. Determination of validity of elections; enquiry 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 may 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 enquiry 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 seats aside an election, a date shall forthwith be fixed, and necessary steps taken for holding a fresh election. (3) All applications received under sub-section (1)- (a) in which the validity or 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 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 bonafide and not conclusive. (5) (a) If on holding such enquiry the Judge finds that a candidate has for tae purpose of the ejection committed a corrupt practice within t h e meaning of sub-section (6), he shall declare the candidate disqualified both for the purpose 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, 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 o r 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 voter 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 be 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 Government in that behalf be at any time relieved from such disqualification. 6A. Disqualification At Time Of Election, Etc, Discovered Subsequently :- (1) If it appears to the State Government on representation being made to it that a member of a school board was disqualified for being such member under the provisions of section 5 or section 9-A a t 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 members disqualification by reason of these circumstances was not or could not have been raised in such proceedings. (3) Where 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 member :- (1) If any member of school board, during the term of which he has been elected, appointed or nominated (a) absents himself from the meetings during the three successive months or from three consecutive meetings of the school board whichever period is longer, without the permission of the Board, or (b) becomes subject to any of the disqualifications mentioned in section 5 he shall be disabled from continuing to be a member of such board and his scat 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 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 Government shall be final for the purpose 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 a school board when h e knows that he is not qualified or that be is disqualified for membership in there of, 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. 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 a school board in which he has directly or indirectly, by himself or his partner, any share or interest such as 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 school board for misconduct :- T h e State Government may on its own motion or on the recommedation supported by a resolution passed by at least two- thirds of the whole number of members of- (I) a 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 recomendation should not be made. 9A. Disqualification Of Person For Misconduct After He Has Resigned As Member :- If any person, who was a member of a 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 of 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 a vice chairman from amongst the members of the board. (2) A chairman or 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 is 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) Government for such removal and 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 opportunity 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 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 contained 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 powers and duties of the district school board under this Act shall be exercised and performed by such authority as the (State) Government may appoint The exercise of such powers and the performance of such duties shall be in accordance with such directions as the (State) Government may from time to time give. (2) The (State) 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 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) Government immediately before the said date taken over and employed by the said district school boards 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) Government may direct CHAPTER 3 Powers Duties and Functions of District School Board Authorised Municipalities and Municipal School Board 11. Incorporation 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 common seal and may sue and be sue in its corporate name, and shall be competent to acquire and hold property both movable and immovable, whether within or without the limits of its area, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it, and to contract and do all thing necessary for the purpose of this Act. 12. Vesting of property in and absorption of staff by district school board :- (1) Notwithstanding an thing 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" all primary schools with their lands, buildings, records and equipment and all other properties, movable or immovable, which were vested in, held by or were under the control of (district local board) for the purposes of primary education immediately before the said date 5 shall, on the said date be vested in held by or be under the control of the district school board for the said purpose Provided that in the event of any question, dispute or doubt arise 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 Government decision thereon shall be final. (2)On the said date every district local board shall transfer and every district school board shall take over and employ such primary school teachers and other persons as were employed by or under the district local board on the said date 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, (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" 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 panchayat have been constituted in that district under the Gujarat panchayats Act, 1961, (Guj. VI of 1962) then 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 panchayat, as the case may be, in accordance with the distribution made in that behalf by the State Government by an order clause (b). (b) For the purposes of clause (a), the State Government, having regard to the functions and 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, may by an order in writing district- (i) that the primary schools with their land, buildings, records and equipment and all other properties, movable or immovable 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 as may be specified in the order; and 13. Powers, duties and functions of district school boards :- ( 1 ) Subject to the provisions of this Act and the rules made thereunder, the district school board 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 Government or by a school board or by an authorized 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 Government be necessary. (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 of duration of vacations; (h) to determine the exact location of primary schools; (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 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 Government. (l) to recommend to the Director such modifications in the curriculum as may seem necessary to suit local requirement: (m) to advise the State 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 committee; (iii) the supply of books, slates, educational requisites, milk, meals o r 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 a resolution passed by at least two-thirds of the whole number of members of the board, and with the consent of the District Local Board, intimate to the State 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 Government so directs, 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 Government in this behalf be exercised and performed on behalf or the State Government in the prescribed manner. (3) All primary schools with their lands, buildings, records and equipments 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 Government under sub-section (2) shall vest in, be held by or be under the control of the State 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 Government the establishment of taluka advisory committee for all or any of the talukas in the district to advise it in respect of primary education. Of such recommendation being accepted by the State Government such committee shall be constituted from a date to be notified by the State Government in the Official Gazette. The constitution, powers and duties of the committees shall be as laid down in the regulations made by the district school board: Provided that the State Government may on its own motion or on t h e recommendation of the district school board supported by atleast two-thirds of the whole number of members of the board by an order dissolve a taluka, advisory committee from a date to be noticed in the Official Gazette. 16. Authorized municipalities to exercise powers, etc. and hold properties of local authority municipalities :- (1) The State Government may authorize any municipality constituted under the Bombay District Municipal Act, 1901, (Bom III of 1901) or under the Bombay Municipal Boroughs Act, 1925, (Bom XVIII of 1925) or under any other corresponding law 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, 19.3, (Bom 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 of primary education shall on such date vest in and be performed exercised by the said municipality as an authorised municipality under this Act, and all properties, movable and immovable, vesting in or held by or 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 the said municipality as such authorized municipality. 17. Duties and functions of authorised municipalities :- ( 1 ) Subject to the provisions of this Act and the rules made thereunder an authorized municipality shall perform the following duties and functions, namely:- (a) to make adequate provision for maintaining the existing primary schools and opening new schools wherever necessary and for granting aid to approved schools other than primary schools maintained by the (State) 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 staff as may in the opinion of the (State) Government be necessary; (d) to make adequate provision for facilities for the free primary education of all children to whom a scheme 6f 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 authorized 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 authorized municipality shall, subject to sanction of the State Government make regulations - (i) determining the qualification, pay and terra of employment of the Assistant Administrative Officers. Supervisors, Attendence 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, means or clothes to children receiving primary education, provision of such supply is made. 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 or the control of all other approved schools within the area of the authorized municipality excepting such as are maintained by the (State) Government, and the board shall exercise such powers and perform such duties and functions of the authorized municipality in respect of primary education as may be prescribed. (2) Subject to the provisions of this Act and the rules made there under, a municipal school board shall perform the following duties and functions, namely :- (a) to prepare schemes to be submitted by the authorized municipality to the State 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 authorized municipality; (c) to perform the duties and functions specified in clauses (f) to (j) and (1) and (n) of sub-section (i) 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. 18A. Vesting Of Property And Absorption Of Staff In Merged Area :- (1) In any area administered by virtue of an order made by the Governor General under section 290A of the Government of India Act, 1935 (26 Geo. 5. Ch. 2) 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 be under the control of the district school board, and in other cases the State Government. (2) During the period the properties so vest in or are held by or are under the control of the State Government in any area under sub- section (1), it shall be lawful for the State 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 Government under this section shall, on such date as may be notified by the State 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 Government may specify in the notification. (4) The district school board or the authorized municipality or the State Government, as the case may be, shall take over and employ such primary school teachers and other persons as were employed by or under 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 or persons were employed immediately before the relevant date or on such terms and conditions as the State Government may direct. (5) In the event of any question, dispute, or doubt amount as to whether any particular property shall so vest in or be held by or under the control of the district school board, the authorised municipality or the State 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 Government whose decision thereon shall be final. CHAPTER 4 Non-Authorized 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-authorized municipality for the purpose of primary education shall vest in be held by or under the control of the district school board of the district in which it is situated or such authorized municipality as the State Government may specify with the consent of the authorized municipality; and all existing and future rights, liabilities, powers and duties of any such non-authorized 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-authorized municipality shall be controlled by the said district school board or the authorised municipality, as the case may be. (2) The State Government may, at any time by an order published in the Official Gazette together with the reasons therefor, direct that any authorised municipality shall, with effect from a date specified in this behalf, cease to be an authorized municipality; and with effect from such date the said municipality shall be a non- authorized municipality. The provisions of sub-section (1) shall thereupon apply in the case of such municipality. (3) If any non-authorized municipality is at any time authorized by the State Government to control all approved schools within its area, the said municipality shall thereafter be an authorized municipality. Thereupon all properties movable or immovable vesting in, held by or under the control of a district school board or an authorized 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 such 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 5 Administrative Machinery 20. District school board, authorized municipality to maintain adequate staff, pay, etc :- (1) Every district school board with the approval of the State Government and every authorised municipality shall maintain an adequate staff of Assistant Administrative Officers, Supervisors, Attendance Officers, clerks, primary school teachers and inferriors events and other staff (including engineering staff), as may in the opinion of the State 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. (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, gratuities and pensions from its primary education fund. such staff maintained by a district school board shall receive their provident fund from the fund established under section 40A and the primary school teachers maintained by an authorised municipality shall receive their provident fund from the primary education fund, (2A) The rates of subscriptions and contributions and other conditions of the provident fund established by the State Government under section 40A for the members of the staff shall be maintained by the district school board shall be such as may be prescribed. (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 shall be as fixed from time to time by the State Government. (4) The State Government may from time to time prescribe the duties to be performed by the staff maintained under sub-section (1), 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 a servant of the State Government. He shall draw his pay and allowances from the State revenues. 22. Delegation of power to appoint Administrative Officer to certain authorized municipalities :- (1) Notwithstanding the provisions of section 21, the State Government may by notification in the Official Gazette delegate the power to appoint an Administrative Officer to aa authorised municipality which is a municipality constituted under the Bombay Municipal Boroughs Act, 1925, (Bom. XVIII of 1925) or that Act as adapted and applied to the Saurashtra area of the State 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 State Government, No such officer shall, save with the previous sanction of the State Government, be removed from his office, reduced or suspended except by a resolution passed by atleast two-thirds of the whole number of councilors of the authorized municipality. (3) The qualifications, pay, allowances and terms of employment of such Administrative Officer shall be in accordance with the regulations framed by the authorized municipality with the sanction of the State Government. 23. Staff Selection Committee :- . - (1) There shall be a staff selection committee for every authorised municipality and for every district within the jurisdiction of a district panchayat. (2) The staff selection committee shall consist of the Educational Inspector of the district or any other officer designated by the Director, the Chairman of the municipal school board in the case of a n authorised municipality and the Chairman of the Education Committee of a district panchayats in the case of a district within the jurisdiction of such panchayat and the Administrative Officer: Provided that where in the case of any such district, a District Primary Education Staff Select ion Committee has been appointed under sub section (3) of section 211 of the Gujarat Panchayats Act, 1961, (Guj 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 as may be prescribed under the said sub-section (1) of section 211 is concerned (3) The Administrative Officer shall act as Secretary of 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 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. 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 time 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 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. 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 shall be final; Provided that in the case 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: Provided further that 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 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. (4) Not withstanding 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 sub-section (2) 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 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. CHAPTER 6 Preparation and Enforcement of the Schemes of Compulsion 25. Preparation of scheme :- It shall be the duty of the Administrative Officer of a district school board to prepare in accordance with the directions received from the Director in this behalf a scheme to provide compulsory primary education in such area and for children of such ages and upto such standard and within such period as the Director may specify. The Administrative Officer shall obtain the comments and suggestions of the district SCHOOL board upon the scheme so prepared by him and shall submit it together with such comments and suggestions. If any, to the Director who shall forward it to the state Government with his remarks. 26. Preparation of scheme by authorized municipality :- . . - (1 ) An authorized municipality may by a resolution declare its intention to provide compulsory primary education in the whole or any part of its area in the case of children of such ages and upto such standard as the municipality may decide and shall submit its proposals to the State Government through the Director in the form of a scheme. ( 2 ) An authorised municipality, if called upon by the State Government so to do, shall within a time to be specified by the state Government submit to the Director a scheme to provide compulsory primary education in such area and in the case of children of such ages and upto such standard and within such period as the State Government may specify. 27. Particulars to be contained in scheme :- he scheme submitted under the two preceding sections shall be in the form prescribed and shall contain the following particulars :- (a) area of compulsion; (b) the census of children of the ages to which the scheme shall apply classified by languages spoken by the children; (c) a list of existing approved schools and the schools proposed to be opened, classified by languages in which instruction is given or is proposed to be given; (d) a schedule of existing and proposed staff of Assistant Administrative Officers, Supervisors, Attendance Officers, clerks, teachers and inferior servants; (e) the recurring and non-recurring cost of the scheme and in the case of a scheme submitted by an authorized municipality the resolution of the municipality agreeing to bear its share of the additional recurring and non-recuning cost; (f) if there is a non-authorized municipality within the area of compulsion, the amount of annual contribution, which the municipality according to the order issued by the State Government under sub-section (2) of section 41 shall make. 28. Sanction of State Government to scheme :- . - (1) The State Government may after such inquiry as may be necessary sanction with or without modifications the scheme submitted under section 25 or 26. The scheme sanctioned shall come into effect from such date as may be notified by the State Government in the Official Gazette. (2 ) Every scheme of compulsion sanctioned under the Bombay Primary Education Act 1923 (Bom IV of 1923) or under the Saurashtra Primary Education Act, 1956 (Sau. Act XXXIII of 1956) and which is in force immediately before the coming into force of this Act in the relevant area shall be deemed to be a scheme sanctioned under this Act. 29. Modification, etc.. of sanctioned schemes :- . -A sanctioned scheme may with the sanction of the State Government be withdrawn or from time to time modified by an authorized municipality, or may by an order published with the reasons for making it in the Official Gazette be modified, cancelled or temporarily suspended by the State Government. 30. Power to exempt children of particular classes :- . -The State Government may by notification in the Official Gazette exempt children of either sex of any particular class or community in any area of compulsion or part thereof from the operation of this Act. 31. No fees to be charged in area of compulsion :- . -When a scheme has been sanctioned no fee shall be charged within the area of compulsion in any school maintained by the district school board or the authorised municipality, as the case may be, in respect of any child for the standards included in the scheme. 32. Duty of parent to cause children to attend school :- . -In every area of compulsion, the parent of every child to whom a scheme applies shall in the absence of a reasonable excuse as hereinafter provided and if such parent and child ordinarily reside in such area cause such child to attend an approved school in such area. 33. Meaning of reasonable excuse :- . -A parent shall be deemed to have a reasonable excuse for failure to cause a child to attend an approved school in any of the following cases:- (a) Where the child is prevented from attending school by sickness, infirmity or other unavoidable cause; (b) where the child is receiving, otherwise than in an approved school instruction which in the opinion of the school board is efficient or has received from the school board a certificate of having already completed his primary education upto the standard included in the scheme; (c) where there is no approved school within the distance fixed by the school board under section 13 or 18, as the case may be; (d) Where after due application, sentence to an approved school has been refused to the child and there is no other approved school to which he can be admitted within the distance fixed under section 13 or 18, as the case may be until such time as the parent is notified by the Administrative Officer that the child can be admitted; (e) where there is no approved school in the locality in which instruction is given in the language spoken by the child; (f) where there is no approved school in the locality to which the parent can send the child without exposing him to religious instruction to which the parent objects. 34. Issue of attendance order :- . - (1) Where the school board is satisfied that the parent of any child who is bound under the provisions of section 32 to cause such child to attend an approved school has failed to do so, the school board after giving the pareat an opportunity of being heard and after such inquiry as it considers necessary may mike an order directing the parent to cause such child to attend an approved school on and from a date which shall be specified in the order. (2) This power may be delegated by the school board to any of its members or to the Administrative Officer or other officer of the school board. (3) Any parent aggrieved by an order made under sub-section (1) may, within thirty days from the date of such order appeal to the Educational Inspector of the district who may confirm or rescind the order as he deems fit. 35. Penalty for failure to cause child to attend approved school :- . (1) If an order with reference to a child has been made under sub- section (1) of section 34 against any parent and if such parent fails to comply with the provisions of sections 32 with respect to such child on or after the date specified in such order, unless such order is rescinded in an appeal made under sub-section (3) of the said section 34, sued parent shall, on conviction, be punished with fine not exceeding two rupees, and in case such failure continues after such conviction, he shall also be punished with a fine of eight annas for every day on which the failure continue or is repeated. (2) No court shall take cognizance of an offence under sub-section (1) except on a complaint presented in person or sent by registered post by the Administrative Officer or any other officer authorised by him in this behalf. 36. Penalty for employing child to whom scheme applies :- (1) Whoever knowingly takes into his employment, either on his own behalf or on behalf of any person, any child in respect of whom t h e provisions of section 32 apply, so as to interfere with the education or instruction of such child shall, on conviction, be liable to a fine not exceeding twenty five rupees, (2) No court shall take cognizance of an offence under this section except on a complaint presented in person or sent by, registered post by the Administrative Officer or any other officer authorized by him in this behalf and before making any complaint under this section against any person the Administrative Officer or such officer shall unless such person has been previously convicted under sub- section (1) cause a warning to be given to such person. 36A. Courts Competent To Try Offences Under Sections 35 And 36 For The Purpose Of Taking Cognizance Of An Offence Under Sub-Section (1) Of Section 35 Against A Parent Or Against A Person Under Sub-Section (1) Of Section 36 :- (1) if such parent or person resides in a town or village where a judicial Magistrate holds his court, the court of such Magistrate, (2) if such parent or person resides within the limits of the jurisdiction of a nyaya panchayat which has been empowered to take cogaizance of and try such offence under sub-section (2) of section 37 read with clause (f) of section 41 of the Bombay Village Panchayats Act, 1933, (Bom. VI of 1933) such nyaya panchayat, and (3) if such parent or person resides elsewhere, the Primary Schools Panchayat constituted under section 36B within the limits of the jurisdiction of which such parent or person resides, shall be the court competent to take cognizance of such offence. 36B. Constitution Of Primary Schools Panchayat, Its Powers And Procedure :- (1) The State Government may by notification in the Official Gazette, constitute a Primary Schools Panchayat for the trial of offences punishable under sections 35 and 36 in the areas referred to in clause (3) of section 36A. (2) The Primary Schools Panchayat constituted under sub-section (1) shall consist of three members appointed by the State Government one of whom shall be the Chairman. The qualifications of the members shall be such as may be prescribed. The members so appointed shall hold office during the pleasure of the State Government. (3) Two members shall form a quorum for the disposal of the business of the Primary Schools Panchayat. (4) Any vacancy of the member of the Primary Schools Panchayat shall be filled in as early as practicable: Provided that during any such vecancy the continuing members may act as if no vacancy had occurred. (5) The Primary Schools Panchayat shall, except as otherwise provided in this Act, in respect of cases relating to an offence punishable under section 35 or sec. 36, have the same powers and follow the same procedure as is followed by a nyaya panchayat in respect of such offence under Chapters VI, VII and VIII of the Bombay Village Panchayats Act, 1933, (Bom. VI of 1933), and the provisions of the said Chapters shall mutatis mutandis apply in respect of such cases. The court of the judicial Magistrate taking cognizance of such offence shall try the cases summarily in the manner provided in section 263 of the Code of Criminal Procedure, 1898 (V of 1898). 36C. Certificate Of Head Master Of Approved School To Be Conclusion Evidence Of Parents Failure To Comply With Section 32 :- Where the parent of a child has failed to cause such child to attend the approved school in pursuance of a direction given by the school board under sub-section (i) of section 34, the Head Master of such school shall issue a certificate to the effect that such parent has failed to cause the child to attend the approved school in compliance with such direction and such certificate shall, until the contrary is proved, be presumed to be conclusive evidence of such failure in a prosecution against the parent under section 35. 36D. Saving Of Pending Proceedings :- Every prosecution under section 35 or 36 pending before any Court in any area on the date on which a Primary Schools Panchayat is constituted for such area under sec 36B and all proceedings arising from, and incidental to any such prosecution shall be tried, heard and determined by such courier any other court having jurisdiction to try, hear and determine the same, as if no such Primary Schools Panchayat had been constituted for such area. 37. Administrative Officer to be public servant :- Every Administrative Officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860). CHAPTER 7 Approved Schools 38. Subjects, curricula, etc. of approved schools :- The subjects, curricula, books and standards of approved schools shall be such as may from time to time be specified by the State Government. 39. Recognition of and grants to approved schools under private management :- (1) Every primary school, other than a primary school maintained by the State Government or by a school board or by an authorized municipality, which fulfills the conditions prescribed in this behalf shall be entitled to recognition as an approved school. (2) Such recognition shall be given by the school board or by the State Government or by an officer authorised by it in this behalf; and the manner in which grant in aid is to be given of such approved school shall be as prescribed. 40. Inspection of approved schools returns :- (1) Every approved school shall be open during the hours to inspection by the inspecting officers of the State Government for the purpose, in particular of ascertaining (a) whether instruction is given in accordance with the provisions of section 38; (b) whether the provisions of this Act for the compulsory attendance of children are being carried out: (c) whether the health of the school children is satisfactory; (d) whether the instruction given is not of a pernicious nature; (e) whether the registers and records are being maintained as required by the Director. (2) The Administrative Officer and the manager of an approved school shall furnish such returns and supply such information as the Director may from time to time require, and shall give reasonable facilities to officers appointed under sub-section (l)of section 48 and to any officer specially deputed under this sub-section by the Director in the discharge of their duties. CHAPTER 7A RECOGNITION OF PRIVATE PRIMARY SCHOOLS 40A. Prohibition Against Imparting Primary Education By Private Primary Schools Without Recognition :- (1) On and after the commencement of the Bombay Primary Education (Gujarat Amendment) Act, 1986 (Guj. 24 of 1986.), no person other than the State Government, a School Board or an authorised municipality shall impart primary education through a school unless such school is recognised under this section. (2) Every person to whom sub-section (1) applies and who desires to impart primary education by establishing a primary school shall, on an application made to the Director of Primary and Adult Education, Gujarat State (hereinafter referred to as "the Director") or any other officer authorised by the State Government in this behalf (hereinafter referred to as "the authorised officer") in such form and on payment of such fees as may be prescribed and, subject to the provisions of sub-section (4), be entitled to have the school recognised on the fulfilment of such conditions as may be prescribed for such recognition. (3) Notwithstanding anything contained in sub-section (2) every private primary school which on the commencement of the Bombay Primary Education (Gujarat Amendment) Act, 1986 (Guj. 24 of 1986.), stands recognised as an approved school by a school board or by the State Government or by an officer authorized by it in this behalf shall be deemed to have been recognised under this section from the date of such commencement and shall continue to be so recognised until such recognition is withdrawn under sub-section (7). (4) On receipt of the application made under sub-section (2), the Director or as the case may be, the authorized officer shall consider and make an inquiry in respect of such application in such manner as may be prescribed and then decide within a period of three months from the date of receipt of the application as to whether the school may be recognised or the application for recognition be rejected. (5) The Director or the authorised officer may while recognising a school, impose such of the prescribed conditions on the management of the school as he thinks fit. (6) Every recognised school shall be given a certificate of recognition in the prescribed form. (7) Where any person in charge of the management of a recognised school has been after the due inquiry in the prescribed manner by the Director or the authorised officer, found to have committed default in carrying out any of the obligations imposed on such person under this Act or the rules made under this Act or any instructions issued to him by the State Government the Director or, as the case may be, the authorised officer shall after giving such person an opportunity of being heard, direct that the recognition of the school be withdrawn for such period as may be specified in the direction or be withdrawn permanently. (8) Any person aggrieved by the decision of the Director or the authorised officer under sub-section (4) or sub-section (7) may within a period of one month from the date on which the decision is communicated to him, appeal to the State Government, and the State Government shall decide the appeal within two months from the date of the presentation of the petition of appeal and the decision in such appeal shall be final. (9) The State Government may, on sufficient cause being shown, direct at any time that the recognition of the school which has been withdrawn, may be restored on such conditions and on payment of such fees as may be prescribed and on such further conditions, as the State Government may deem fit to impose. (10) Where the recognition of a school is withdrawn under sub- section (7) the certificate of recognition issued to the person in charge of the management thereof shall be deemed to have been cancelled and such person shall forthwith surrender the certificate of recognition to the Director or the authorised officer. The cancellation of certificate of recognition shall be published by the Director or, as the case may be, the authorised officer in the Official Gazette and in such news papers as the Director or the authorised officer may select. CHAPTER 7B PROCEDURE FOR IMPOSITION OF PENALTY ON TEACHERS OF RECOGNISED PRIVATE PRIMARY SCHOOLS 40B. Dismissal, Removal Or Reduction In Rank Of Teachers :- (1) (a) No teacher of a recognised private primary school shall be dismissed or removed or reduced in rank nor 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 of less than a year or a teacher who is appointed temporarily on 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 therefor 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 a teacher shall, during the period of suspension, be entitled to such subsistance 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 recognised private primary school; (c) "Tribunal" means a Tribunal constituted under section 40F. 40C. Resignation Of A Teacher :- If a teacher desires to tender his resignation he shall tender the same in person to the administrative officer of the school board in jurisdiction of which the school is situate and the resignation of a teacher shall not be accepted by the manager unless it is so tendered and forwarded to the manager by the administrative officer duly endorsed. The acceptance of any resignation tendered in contravention of this section shall be ineffective. 40D. Certain Contracts Etc. To Be Null And Void :- (a) Every contract between a recognised private primary school and a teacher in service of such school whether made before or after the commencement of the Bombay Primary Education (Gujarat Amendment) Act, 1986, and ( b ) any term or condition of service of such teacher whether employed before or after such commencement, shall, to the extent to which it takes away any right conferred on such teacher by or under this Act be null and void. 40E. Dispute To Be Decided By Tribunal :- Where there is any dispute between the manager of a recognised private primary school and teacher in service of such school, which is connected with the conditions of service of such teacher, the manager or, as the case may be, the be teacher may make an application to the Tribunal constituted under section 40F for the decision of the dispute. 40F. Tribunal :- (1) There shall be constituted by the State Government by an order published in the Official Gazette one or more Tribunals for the purpose of this Chapter. (2) Tribunal shall have jurisdiction for such area as may be specified by the State Government in the order referred to in sub- section (1). (3) The State Government shall appoint a District Judge or a person who has been or is qualified to be a Judge of a High Court or to be a District Judge to be the Tribunal. (4) It shall be the duty of the Tribunal to entertain and decide disputes of the nature referred to in section 40E and to deal with and decide all application and proceedings made or transferred to it under sub-section (2) of section 40G and also to entertain and decide appeal made under subsection (5) of section 40B. ( 5 ) The Tribunal shall follow such procedure as the State Government may by general order direct. (6) The Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V 1908.)when trying a suit, in respect of the following matters, namely:-- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnesses; (d) such other matters as may be prescribed; and every inquiry or investigation by the Tribunal shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (XLV of 1860.). (7) The Tribunal shall be deemed to be a court for the purpose of section 5 of the Limitation Act, 1963(36 of 1963.). (8) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by it. (9) Where any order of dismissal, removal or reduction in rank of a teacher of a recognised private primary school is decided by the Tribunal to be wrong, unlawful or otherwise unjustified, the Tribunal may pass an order directing that; the teacher concerned shall be reinstated in service or, as the case may be, restored to the rank which he held immediately before his reduction in rank, by the manager, and the manager shall forthwith comply with such direction. 40G. Bar Of Jurisdiction Of Courts :- (1) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Chapter required to be settled, decided or dealt with by the Tribunal. (2) All suits and proceedings between the manager of a recognised private primary school and a teacher in service, of such school relating to disputes connected with the conditions of service of such teacher, which are pending in any civil court on the date of the commencement of the Bombay Primary Education (Gujarat Amendment) Ordinance, 1986 (Guj. Ord. 6 of 1986.) shall be transferred to and continued before the Tribunal : Provided that nothing in this section shall apply to execution proceedings and appeals arising out of decrees or orders passed by such court before the commencement of the Bombay Primary Education (Gujarat Amendment) Ordinance, 1986 (Guj. Ord. 6 of 1986.), and such execution proceedings and appeals shall be decided and disposed of as if the Bombay Primary Education (Gujarat Amendment) Act, 1986 (Guj. 24 of 1986.) had not been passed. 40H. Savings :- Nothing contained in sub-clause (ii) of clause (a) and clause (b) of sub-section (1) and sub-sections (2), (4) and (5) of section 40B and section 40H shall apply to any recognised private primary school established and administered by a minority, whether based on religion or language.] CHAPTER 8 Financial Relations between the State Government and Local Bodies 41. Payment to be made by district local board and non- authorized municipality :- (1) Every district local board shall pay over annually to the district school board for the purposes of primary education such portion of its income from its revenue described in clauses (b) and (c) of section 75 of the Bombay Local Boards Act, 1923, (Bom VI of 1923) as the State Government may from time to time fix in this behalf. (2) Every non-authorized municipality shall pay over annually to the district school board or the authorized municipality, as the case may be, for the purposes of primary education such proportion of the rateable value of properties in the area of the municipality as may from time to time be fixed in this behalf by the State Government and the income accruing from any fund (including trust funds) held, and all moneys received by it for the said purposes. 42. Contribution by State Government :- (1) Where a scheme submitted by an authorised municipality is sanctioned under section 28, the State Government shall bear the additional recurring and non-recurring annual cost of the scheme as estimated by the municipality to the following extent, namely:- (a) sixty per cent, of the cost, if the population to the authorised municipality is less than fifty thousand, and (b) fifty per cent, of the cost, in any other case: Provided that where such scheme is sanctioned after the commencement of the Bombay Primary Education (Gujarat Amendment) Act 1963, (Guj. 42 of 1963) the extent of the cost to be borne by the State Government shall, for the first year of the scheme, be eighty per cent, in the case of a municipality to which clause (a) applies and seventy-five per cent in the case of municipality to which clause (b) applies and for the next three years it shall be gradually reduced to the amount permissible under clause (a) or clause (b), as the case may be, such percentage as the State Government may by order determine : Provided further that in the case of a municipality which immediately before the 1st April 1963 was liable under sub- section (2) of section 41 to pay contribution to a district school board or authorised municipality, the cost to be borne by the State Government under the aforesaid proviso shall, having regard to contribution so payable, be reduced by such amount as the State Government may by order determine. (2) Nothing in this section affect the claim of any authorized municipality to any annual grant which at the time this Act comes into force is being paid to it as a local authority under the Bombay Primary Education Act, 1923, (Bom. IV of 1923) by the State Government for the purposes of primary education: Provided that, if the State Government considers that the Primary education fund of any authorized municipality has bean or is about to be misused or misapplied, it may call upon such authorized municipality for an explanation of such misuse or misapplication and if not satisfied with the explanation given may make such reeducation in the grants payable to such authorized municipality as it may deem proper. (3) The State Government shall pay to a district school board a grant equivalent to the amount by which expenditure in accordance with the budget sanctioned under the next following section exceeds the receipts referred to in clauses (b) to (d) and (g) of sub-section (2) of section 44. 43. District school board budget :- The budget of the district school board shall in the prescribed manner be framed and submitted to the State Government and the State Government may sanction it with such modifications as it may deem fit to make therein. 44. Primary education fund :- . - (1) A fund called the primary education fund shall be maintained by every district school board and by every authorized municipality. (2) The following shall form part of, or be paid into, the primary, education fund:- (a) the balance of the primary education fund maintained under section 8A of the Bombay Primary Education Act, 1923, (Bom. IV of 1923) or section 37 of the Saurashtra Primary Education Act, 1956, (Sau. Act, XXXIII of 1956), as the case may be; (b) the contributions payable by non-authorized municipalities under sub-section (2) of section 41; (c) fees and fines received in respect of primary schools maintained by the school board or the authorized municipality, as the case may be; (d) in the case of a district school board, such portion of the income of the district local board as the State Government may fix under sub- section (1) of section 4. (e) in the case of an authorized municipality, the grant paid or payable by the authorized municipality on account of primary education; (f) the grant paid or payable by the state Government on account of primary educat.ion; (g) such other sums as from time to time be received on account of primary education. Explanation.-F.or the purposes of clause (e), the grant payable by an authorized municipality shall be the amount of expenditure on account of primary education in any year less the grant paid by the State Government in that year, and fees and sums of money from other sources of income belonging to the fund. 45. Application of primary education fund :- (1) The primary education fund shall stand in the name of the school board and shall, subject to the provisions of this Act, be applied for the purposes specified therein and for such other purposes as may be prescribed, (2) The fund shall be maintained, administered and used in the manner prescribed. 46. Deposit of primary education fund :- (1) The primary education fund shall be kept in the Government treasury or in the bank to which the Government treasury business has been made over or in such other bank or co-operative society registered or deemed to have been registered under the Bombay Co-operative Societies Act, 1925, (Bom. VII of 1925) as may be approved by the state Government. (2) It shall be lawful for the school board to invest such portion of t h e primary education fund as is not likely to be immediately required in post office cash certificates or in securities of the Central Government or any State Government. (3) Every investment in Government securities shall be made through the Reserve Bank of India or any other bank approved by the State Government in this behalf. 46A. Provident Fund :- (1) The State Government shall establish a provident fund (hereinafter called the said fund) for the staff maintained by district school boards. (2) Any provident fund established and maintained by a district school board for such staff before the date of the coming Into force of the Bom. Primary Education and Housing Board (Amendment) Act, 1951 (Bom. XLVI of 1951), shall be merged into and form part of the said fund and the district school board concerned shall as soon as may be after the said date transfer from its primary education fund to the said fund a sum equal to the total amount standing to the credit of all the subscribers or depositors in the provident fund till the date of such transfer: Provided that in the event of any doubt arising as to the amount to be so transferred by any district school board from its primary education fund to the said fund, the matter shall be referred to the State Government or any officer authorized by it in this behalf, whose decision shall be final. (3) The district school board concerned shall, in respect of each of its, employees who is a subscriber to the said fund, pay into the said fund such portion of the contribution in such manner as the State Government may from time to time, determine. 47. Payment of travelling allowances to Chairman, Vice- chairman and members of school board :- The Chairman, Vice Chairman and member: of the school board may be paid allowances (or expenses incurred by them in travelling for the purposes of the business of file school board at such rates and subject to such condition as may be prescribed. 47A. Audit :- (1) The accounts of a school board shall be examined and audited at such intervals, in such manner and by such agency as may be prescribed. (2) Every school board shall publish the audit notes with the replies thereto in its administration report CHAPTER 9 Control 48. Inspecting staff :- (1) The State Government may appoint such officers (including inspecting officer) as it may deem necessary for the purposes of superintendence and inspection and generally for the purposes of giving effect to the provisions of this Act. (2) The officer appointed under sub-section (1) shall be the servant of the State Government, and their powers and duties shall be as may be prescribed. 49. Inspecting officers to be present at school board meetings Powers of supervision :- (1) An inspecting officer nominated by the Director in this behalf shall have the right of being present at any meeting of the school board and with the consent of the Chairman, of taking part in the discussions thereat but be shall not be entitled to vote upon, or move any resolution, at such meeting. (2) The Director or Educational Inspector of the district or any officer authorized by a general or special order of the State Government may- (a) (i) enter on and inspect any immovable property occupied for any purpose connected with primary education by a school board or authorized municipality or any educational institution under its control or management; or (ii) cause such property or institution to be entered upon and inspected by any other person authorized by him in this behalf; (b) call for any extract from the proceedings of any authorized municipality or school board, or of any committee appointed by any of them relating to any matter connected with primary education; or (c) call for and inspect any book or document relating to any matter connected with primary education in the possession or under the control of an authorised municipality or school board. 50. Power to call for return or require explanation etc :- . . The Director may- (a) call for from any authorized municipality or school board or Administrative Officer any return, statement, account or report relating to any matter connected with primary education, (b) call upon an authorized municipality or school board to take into consideration any objection which appears to him to exist to the doing of anything connected with primary education which is about to be done by such municipality or board or any information furnished by him which appears to him to necessitate the doing of a certain thing by such municipality or board and to make written rep ly to him within a reasonable time, stating in case of disagreement with the Director its reasons for not desisting from doing or for not doing such a thing. 51. Power of suspending execution of orders, etc., of school board :- . . (1) If in the opinion of the Director the execution of any order or resolution of a school board or the doing of anything which is about to be done or is being done by or on behalf of the board is in excess of the powers conferred by, Or contrary to this Act or the rules or regulations made there- under, or is otherwise unlawful, he may, by order in writing under his signature, suspend the execution or prohibit the doing thereof. (2) When the Director makes an order under sub-section (1) he shall forthwith forward to the board affected by it a copy of such order with a statement of the reasons for making it. (3) The Director shall forthwith submit to the State Government a report of every case occurring under this section and rate State Government may annual, confirm, revise or modify any Order made there and make in respect thereof any other, order: Provided that no order of the Director passed under this section shall be confirmed, revised or modified by the State Government without giving the board reasonable opportunity of showing cause against the said order. 52. Default by authorized municipality :- . . - (1) If any authorized municipality when called upon makes default in preparing a scheme or after a scheme has been sanctioned crafts t o make adequate provision for compulsory primary education in accordance with a scheme as sanctioned and to bring into operation or continue to keep in operation such scheme, the State Government may after due inquiry appoint a person to prepare the scheme or bring it into operation of to continue to keep it in operation as the case may be, and the expense thereof shall be paid by the authorized municipality to the State Government. (2) If the expense is not so paid the State Government may make an order directing any person who has for the time being custody of any moneys on behalf of the authorized municipality either as banker or in any relation to pay such expense from such moneys as may have in his hands or may from time to time receive any such person shall be bound to obey such order. 53. Powers of State Government to provide for performance of duties on default by school board :- - (1) When the State Government is informed that a school board has made a default in performing any duty imposed on it by on under this Act or by or under any enactment for the time being in a force, the State Government may, if it is satisfied after such inquiry as it may think fit, that the school board has been guilty of such default, by an order in writing direct the school board to perform the duty within a period fixed for the performance of that duty. Provided that no such order shall be made unless the school boards has been given an opportunity to show cause why such order should not be made. (2) If such a duty is not performed within the period so fixed the State Government may appoint some person to perform it and may direct that the expenses of performing it with a reasonable remuneration to the person appointed to perform it shall be paid within such time as it may fix to such person by the school board or as the State Government may direct. ( 3 ) If the expenses and remuneration are not paid the State Government may make an order directing the officer in charge of the treasury or bank or society in which the primary education fund is kept or the whole or portion thereof is deposited or lent at interest, to pay such expense and remuneration from such moneys as may be standing to the credit of the school board in such treasury or bank or society or as may from time to time be received from or on behalf of the school board by way of deposit by such treasury or bank or society and such officer or bank or society shall be bound to obey such order. Every payment made in pursuance to such order shall be a sufficient discharge to such officer, bank, or society from all liabilities to the school board in respect of any sum or sums so paid by him or it out of the moneys so received or standing to the credit of the school board in such treasury, banker society. 54. Directions by State Government :- Notwithstanding anything contained in this Act, the State Government shall have power to give to a district school board all such directions as it may consider necessary in regard to any matter connected with primary education and the district school board shall comply with such directions; 55. Enquiry into affairs of school board :- (1) The State Government may from time to time cause enquiry to be made by any of its officers in regard to any authorized municipality or school board on matters connected with primary education concerning them or any matters with respect to which the sanction, approval, consent or order of the State Government is required by or under this Act. (2) The officer holding such enquiry shall have the powers of a court under the Code of Civil Procedure, 1908, to take evidence and t o compel the attendance of witnesses and the production of documents for the purposes of the enquiry. (3) The State Government may makes order as to the costs of any enquiries made under sub-section (1) and as to the party by whom and the funds out of which they shall be paid, and such order may, on the application of the State Government or of any person named therein be executed as if it were a decree of a civil court. 56. Dissolution or supersession of school board in certain circumstances :- (1) If in the opinion of the State Government a school board is not competent to perform or is not properly performing the duties imposed on it by or under this Act or the rules or regulations made thereunder or exceeds or abuses its powers, or is acting or has acted contrary to the provisions of this Act or the rules or regulations made thereunder, it may, by an order published in the Official Gazette with the reasons for making it either- (a) dissolve the Board, or (b) supersede it for a period to be specified in the order Such period may be longer than term for which the members of the school board would have held office under section 4 if the school board had not been superseded under this section. (2) When the school board is dissolved or superseded, the following consequences shall ensue- (a) all members of the board shall in the case of supersession as from the date of the order of supersession, and in the case of dissolution as from the date specified in the order of dissolution, be deemed to have vacated their offices as such members; (b) all powers and duties of the board shall, during the period of dissolution or supersession, exercised and performed by such person, or persons, as the State Government may from time to time appoint in this behalf; (c) the person or persons appointed under clause (b) may delegate their powers and duties to any individual or committee or sub- committee. (3) On the issue of an order of dissolution under sub-section (1) election of members shall be held under the provisions of this Act or of the rules made thereunder on or before the date to be specified by the State Government and the board shall be re- established by the election, appointment or nomination of members under the aforesaid provisions on such date as may be specified by the State Government. (4) If, after enquiry made, the State Government so directs, the period of supersession with all the consequences of aforesaid shall, from time to time, be continued by an order published as aforesaid until such date as may be fixed, by the State Government for the re-establishment of the board. (5) After the board is superseded if shall be re-established by election, appointment or nomination of members under the provisions of this Act or the rules made thereunder applicable thereto (a) if. no direction has been made under sub-section (4) of the expiration of the period specified in the order of supersession under clause (b) of sub-section (1), and (b) if a direction has been made under sub-section (4) on such date as is fixed under that sub section for the re-establishment of the school board. 57. Dissolution of district school board and its re- constitution on alteration of limits of district :- (1) When during the term of office of the members of a district school board the limits of the district are on account of the formation of a new district under the Bombay Land Revenue Code, 1879, (Bom. V of 1879) or for any other reason altered, the State Government may, by order published in the Official Gazette, dissolve such board from a date specified in the order and direct a district school board- (i) to be reconstituted for the district of which the district school board has been dissolved, or (ii) to be established for a new district which has been constituted. The members of the district school board which has been dissolved shall vacate their offices from the date specified in the order. (2) The district school board reconstituted or established under the provisions of sub-section (1) shall consist such number of members elected. appointed or nominated in such manner as the State Government may by order in writing direct. The Chairman and Vice-Chairman of the district school board so reconstituted or established shall be elected in the manner provided in this Act and the rules made thereunder, (3)The members of a district school board reconstituted or established under the provisions of sub-section (2), shall hold office for such period, not exceeding three years as the State Government shall by order specify. (4) On the expiry of the period of office of the members of a district school board under the provisions of sub-section (3), the district school board shall be constituted in the manner provided in section 4. CHAPTER 10 Board of Primary Education 58. Constitution of Board of Primary Education :- (1) There shall he a Board of Primary Education, consisting of sixteen members, of whom eight shall be elected by the school boards in the manner prescribed. The remaining eight of whom not more than four shall be Government officers, shall be appointed by the State Government. (2) The members of the said board shall hold office for period of three years: Provided that the term of office of the outgoing members shall be deemed to extend to and to expire with the date on which their successors are elected or appointed, as the case may be. (3) Any member of the said board may resign his seat at any time by giving notice thereof in writing to the president: and such member shall be deemed to have vacated his seat as soon as the president has received his resignation (4) Any member of the said board who absents himself from three consecutive meetings of the board, without its, permission shall cease to be a member of the board. (5) The State Government may on its own motion or on the recommendation supported by a resolution passed by at least two- thirds of the whole number of members of the said board remove any member of the said board if such member has been guilty of misconduct in the discharge of his duties or 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 such member 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. (6) The elected members of the said hoard shall be persons having any of the following qualifications:- (a) a graduate of seven years standing of any recognised University; (b) a professor who has served as such for a period of five years in a college affiliated to a statutory University in the State of Gujarat; (c) a headmaster who has served as such for ten years in an approved school or high school recognised by the Department of Education of the State Government. (7) The said board shall elect its president from amongst its own members and his term of office shall be co-extensive with that of the board. " Of the members appointed by the State Government, one member selected by the State Government and belonging to the Department of Education shall act as Secretary to the board. (8) Casual vacancies during the term of the said board shall be filled for the remaining period by election or appointment, as the case may be. 59. Powers and duties of 3 board :- The powers and duties of the said board shall be as follows, namely:- (a) to examine and recommend schemes for the organization, coordination and expansion of primary education and for the correlation of primary education with the system of education as a whole in the area to which this Act extends; (b) to advise the State Government generally on all matters connected with primary education; (c) to exercise such other powers and to perform such other duties as may be prescribed. 59A. Transitory And Special Provision Of Account Of Reorganisation Of Bombay State :- (1) Notwithstanding anything contained in this Act, with effect from such date as the State Government may, by notification in the Official Gazette, appoint, the existing Board of Primary Education shall stand dissolved and the president and members thereof shall be deemed to have vacated their office; and there shall be constituted a Board of Primary Education for the area to which this Act extends, consisting of a president and such number of other members, including a Secretary, as the State Government may think fit to nominate. (2) The members to nominated shall, as far as may be, include persons who were members of the Board so dissolved and are, on the date on which such nomination is made, ordinarily residing in the area to which this Act extends. (3) The president and other members nominated under sub-section (1) shall hold office upto and inclusive of the 31st day of December 1964, or until a Board is duly constituted under section 58 whichever is earlier. (4) The provisions contained in sub-sections (3), (4), (5) and (8) of section 58 shall mutatis mutandis apply to the members of the Board constituted under this section. (5) The Board so constituted shall exercise all the powers and perform all the duties of the Board of Primary Education under this Act. (6) Notwithstanding anything contained in sub-section (1) on the date of the coming into force of this Act in the Saurashtra area and the Kutch area of the State, the Board constituted under this section and existing on the said date shall be deemed to be constituted for the whole of the State: Provided that, having regard to the extension of the jurisdiction of the Board as aforesaid, the State Government may nominate such number of additional members on the Board as it may think fit. CHAPTER 11 Miscellaneous 60. Delegation :- (1) Subject to such conditions, if any, as may be specified,- (1) the State Government may delegate any, of its powers or duties under this Act or the rules made thereunder to any officer or authority subordinate to it; and (ii) the Director may also, with the previous sanction of the State Government, delegate any of his powers or duties under this Act or t h e rules made thereunder or delegated to him by the State Government under clause (i to any officer subordinate to him. (2) Nothing in this section shall derogate from the right of the State Government or the Director to exercise any or all of the powers or duties hereby delegated by it or him, as the case may be, to any subordinate officer or authority. 61. Delegation by authorized municipalities and school boards of their powers, duties and functions :- . - (1) Subject to the provisions of this Act and the rules made thereunder, an authorised municipality may delegate any of its powers, duties and functions under this Act to the municipal school board. (2) (a) A school board may, from time to time, constitute committees and discontinue or alter the constitution of such committees. (b) The school board may delegate of any its powers, duties and functions to any such committee or to any member or Administrative Officer or stipendiary or any other officer of the board; and such committee, member or officer shall conform to any instructions that may from time to time be given by the board. (3) The authorized municipality or the school board may, at any time withdraw any of powers, duties and functions so delegated. 62. Limitation of suits :- . - (1) No suits, prosecution or other legal proceeding shall be commenced against any school board or Authorized municipality or a servant thereof or any person acting under the orders, of the said board or municipality for anything done; or purporting to have been done in pursuance of this Act, which entitles or requires a school board, authorized municipality, members, officer, servant as such or other person no acting to exercise any powers or perform duties without giving to such school board authorized municipality, member, officer, servant or person one months previous notice in writing of the intended action and of the cause thereof, or after six months from the date of the act complained of. (2) In the case of any such suit for damage if tender of sufficient amount shall have been made before the action was brought, the plaintiff shall not recover more than the amount as tendered, and shall pay all costs incurred by the defendant after such tender. 63. Power to make rules :- . - (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters (a) the manner of election of the chairman, vice-chairman and the members of a school board; (b) the duties and functions of the chairman and the vice chairman; (c) procedure for the conduct of school boards business and school committees for non-authorised municipalities; (d) procedure for sanctioning tenders; (e) the constitution and functions of village school committees; (ee) provident funds, gratuities and pensions for the primary school teachers maintained by an authorised municipality; (f) the rates of subscriptions and contributions and other conditions of the provident fund established for the staff" maintained by district school boards. (fa) the conditions of gratuities and pension for the staff 2* * referred to in clause(f); (g) provision for the welfare of the children attending primary schools including provision for the care of their health and for the physical and moral training; (h) pre-vocational courses as a part of upper primary courses; (i) regulation of the delegation of powers, duties and functions under this Act; and (j) matters to be prescribed under this Act. (3) Rules made under sub sections (1) and (2) shall be made after previous publication. (4) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the sessions in which they are so fail or the session immediately following. The modifications so made shall be published in the Official Gazette and shall thereupon take effect. 64. Repeal and transitory provision relating to school boards :- . -The Bombay Primary Education Act, 1923, (Bom IV of 1923) is hereby repealed: Provided that until a new school board is constituted under section 4 any existing school board under the Bombay Primary Education Act, 1923 (Bom IV of 1923) shall exercise all the powers and perform all the duties and functions and shall be subject to all the rights and liabilities as if it is constituted under this Act. 65. Act to prevail over provisions of certain other Acts :- . -The provisions of this Act shall have effect notwithstanding anything to the contrary contained in the provisions relating to primary education in the Bombay District Municipal Act, 1901 (Bom III of 1901), the Bombay Local Boards Act, 1923, Bom VI of 1921) and the Bombay Municipal Boroughs Act, 1925, (Bom XVIII of 1925) or any other corresponding law. 66. 66 :- . (Transitory and special provision, in respect of Kolhapur District school Board on account of reorganization of States - Deleted by Guj 13 of 1963, s. 13. 67. transitory and special provision, in respect of Banaskantha District School Board, on account of reorganisation of States :- (1) With effect from such date as the State Government may by notification in the Official Gazette appoint the District School Board o f 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, by the State Reorganisation Act, 1956. (XXX VII 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 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 reconstituion. (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 reconsutution. (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 such 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 appointment 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 assets, rights and liabilities of the reconstituted school board 68. Validating provisions in respect of certain district school boards :- (i) If by virtue of the extension of the Bombay Land Revenue Code, 1879, (Bom. V of ) 1879) to the Saurashtra area of the State by the Bombay and Revenue Code (Extension to Saurashtra area) Ordinance, 1939, (Bom. Ord. No. II of 1959) and reconstitution of t h e districts specified in column 2 of the Schedule under Government of Bombay, Revenue Department Resolution, No. TLC. 3838-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, person assets and liabilities so transferred, such transfer and taking over shall be valid and shall be deemed always to have been valid and shall not be called in question merely on the ground that such transfer and taking over was not authorised under the provisions of this Act, or the Saurashtra Primary Education Act, 1956, Sau. 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, (Guj. 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 and 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 (Sau. 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, (Guj. XIII of 1963) shall continue under this Act until the scheduled 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 (Guj. VI of 1962) whichever is earlier. Explanation:-For the purpose of this section, a scheduled district school boaid means a district school board specified in column 1 of the Schedule. 69. Repeal of Saurashtra Act XXXIII of 1956 and saving :- . - (1) The saurashtra Primary Education Act, 1956 (Sau. Act XXXIII of 1956) is hereby repealed. (2) Save as otherwise expressly provided in this Act, anything done or action taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under this Act, and shall continue in force until it is superseded by anything done or action taken under this Act). 70. References to district school board to be construed as references to taluka panchayat and district panchayat :- (1) Subject to the provisions of sub-section (2) in this Act except in section 2(10), (1), 4,5,6, 6-A, 7, 7A, 8, 9, 9-A, 10, 10A, 11, 14, 41(1), 42. 43, 44 (2)(d) and 57, all references to a District School Board shall be with effect on and from the 1st April, 1963 shall be construed as references to a taluka pancnayat or district panchayat constituted under the Gujarat Panchayats Act, 1961 (Guj. VI of 1962), according as the powers, functions and duties of a District School Board vest in the taluka panchayat or as the case may be, district Panchayat, in accordance with an order made under sub- section (2) of section 155 of the Gujarat Panchayats Act, 1961 (Guj. VI of 1962) (hereinafter referred as the "said order)" (2) In section 12, in sub-section (I), for the words "every district school board" substitute the words such taluka panchayats in a district or as the case may be, such district panchayat as the State Government may determine having regard to the distribution of powers, functions and duties between taluka panchayats and district panchayat under the "said order". (3) Notwithstanding anything contained in section 155 of the Gujarat Panchayats Act, 1961, (Guj. VI of 1962). the provisions contained in sections 2(10), 3(1), 4, 5. 6. 6-A, 7, 7-A, 8, 9, 9-A, 10, l0-A, 11, 14, 41 (1), 42, 43. 44 (2) (d) and 57 shall not apply to a taluka panchayat or as the case may be, a district panchayat exercising the powers and performing the functions and duties of a district school board under this Act. 71. Construction of reference to District School Board so far as Kutch district is concerned :- (1) On and from the date specified under sub- section (1) of section 12, all references to a District School Board in this Act except in sections 2(10), 3(1), 4, 5, 6, 6-A, 7, 7-A, 8, 9, 9-A, 10, 10-A. 11, 14, 41 (I), 42, 43, 44(2) (d) and 57 shall with effect from the 1st May, 1963 be construed as references to a Taluka Panchayat, District Panchayat constituted under the Gujarat Panchayats Act, 1961 according to the powers, functions and duties of a district school board vest in the taluka panchayat or as the case may be district panchayat in accordance with an order made by the State Government under sub-section (5) of section 12. (2) Nothing in sections 2(10), 3(1), 4, 5. 6, 6-A, 7, 7-A, 8, 9, 9-A, 10, 10A, 11, 14, 41 (1), 42, 43, 44(2) (d) and 57 shall apply to a taluka panchayat or district panchayat exercising the powers and performing the functions and duties of a district school board under this Act. SCHEDULE 1 Schedule 1 (See section 68) Name of the District School Board. Name of the District. 1 2 1. The District School Board of Ahmedabad .. Ahmedabad 2. The District School Board of Jamnagar .. Jamnagar 3. The District School Board of Rajkot .. Rajkot 4. The District School Board of Bhavnagar .. Bhavnagar 5. The District School Board of Junagadh .. Junagadh 6. The District School Board of Amreli .. Amreli 7. The District School Board of Surendranagar .. Surendranagar] 1. This Schedule was inserted by Guj. 13 of 1963, s. 16.