GUJARAT SECONDARY EDUCATION ACT, 1972
(1) This Act may be called the Gujarat Secondary Education Act, 1972.
(2) It extends to the whole of the State of Gujarat.
(3) This section shall come into force at once; and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires :-- ,
(a) "appointed'-day" means the date on which the remaining provisions of this Act come into force under sub-section (3) of section 1 ;
(b) "Board" means the Gujarat Secondary Education Board established under section 3 ;
(c) "by-laws" means by-laws made by the Board under section 55;
(d) "Chairman" means the Chairman of the Board;
(e) "Committee" means a Committee appointed under section 18 ;
(f) "Deputy Chairman" means the Deputy Chairman of the Board ;
(g) "guaranteed staff" means the staff comprising teachers and members of the non-teaching staff, the terms
(1) With effect on and from such date as the State Government may by notification in the Official Gazette notify in this behalf, there shall be established for the purposes of this Act a Board to be called the Gujarat Secondary Education Board. The Board shall be a body corporate and have perpetual succession and a common seal and may by the said name sue and be sued and shall be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and to do all things necessary for the purposes of this Act.
(2) The Board shall consist of a Chairman and a Deputy Chairman, both of whom shall be appointed by the State Government and of the following members that is to say--
Class A--Ex-Officio Members.
(i) The Director of Education.
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The headquarters of the Board shall be at such place as may be determined by the State Government.
(1) The Chairman and the Deputy Chairman shall be appointed for such period not exceeding four years from the date of their appointment; as the State Government may in each case determine.
(2) The State Government may from time to time extend the term of office of the Chairman or Deputy Chairman so however that the total period for which the Chairman or the Deputy Chairman may hold office shall not exceed eight years.
(3) The Chairman and the Deputy Chairman shall not be eligible for reappointment.
(4) The salaries or, as the case may be honoraria, allowances and other conditions of service of the Chairman, and the Deputy Chairman shall be such as may be determined by the State Government.
(5) Notwithstanding anything contained in sub-sections (1) a
(1) The members of the Board other than ex-officio members shall hold office for a term of three years from the date on which their names are published in the Official Gazette :
Provided that the State Government may, from time to time, by notification in the Official Gazette having regard to special circumstances to be specified there in, extend such term of such period as may be specified therein, so however, that the period of extension shall not exceed one year in the aggregate.
(2) Notwithstanding anything contained in sub-section (1) the members nominated by the State Government on the Board constituted for the first time after the appointed day, shall hold office for such term not exceeding two years from that date on which the names of the members of the Board so constituted are published in the Official Gazette as may be determi
Where a temporary vacancy in the office of the Chairman or Deputy Chairman occurs, by reason of leave or illness of the incumbent of that office or due to any other cause, the State Government may appoint another person to be the Chairman or as the case may be, the Deputy Chairman during the period of such vacancy on such salary, or as the case may be honorarium, allowances and other conditions of service as may be determined by the State Government.
A person shall be disqualified for being appointed or for continuing, as Chairman or Deputy Chairman, or for being elected or nominated or for continuing as a member of the Board or for being appointed as, or for being or continuing, as a member of any committee appointed under this Act--
(a) if he directly or indirectly by himself or his partner,
(i) has or had any share or interest in any guide book published in connection with any text book prescribed for the Secondary School Certificate Examination or any other examination as may be decided upon by the Board or entrusted to the Board by the State Government : or
(ii) has any share or interest in any work done by order of or in any contract entered into by or on behalf of the Board :
Provided tha
If a member of the Board of any Committee becomes subject to any of the disqualifications mentioned in section 8, his office shall thereupon become vacant.
If a member elected or nominated on the Board remains absent without the permission of the Chairman from any three consecutive meetings thereof, his office shall thereupon become vacant.
If any question arises as to whether the office of any member has become Vacant under section 9 or 10, the question shall be referred for the decision of the State Government. The State Government shall, after giving reasonable opportunity to be heard to the member, decide the question and its decision shall be final.
Any vacancy under section 9 or 10 shall be notified by the Board in the Official Gazette.
(1) A member of the Board not being an ex-officio member may resign his off ice at any time by tendering his resignation in writing to the Chairman of the Board.
(2) If the Chairman accepts the resignation, such acceptance shall be communicated to the Board, and the office of the member shall become vacant from the date of acceptance of the resignation.
(1) The State Government may, on the recommendation of the Board and after making such inquiry, if any, as it may think fit to make, remove any elected or nominated member of the Board from office, if such member has been guilty of any such misconduct as In the opinion of the State Government, renders him unfit to be continued as a member :
Provided that, no such recommendation shall be made by the Board and no removal of the member shall be made by the State Government unless the member to whom it relates has been given a reasonable opportunity of showing cause why such recommendation should not be made, or as the case may be, why he should not be removed.
(2) The name of any member who has been removed from office under sub-section (1) shall be published by the Board in the Official Gazette.
(1) The Board shall meet not less than three times in every year and ordinarily four months shall not intervene between any two successive meetings.
(2) The Chairman may, at any time, and shall, upon the written request of not less than one third of the total number of members of the Board, call a special meeting of the Board, on a date not later than twenty one days after the receipt of such request by the Chairman.
The Board may invite any person who in its opinion is an expert in any field of education or any Government Officer to attend its meeting or a meeting of any of its committees, if the subject with which the expert or officer is concerned, is likely to come up or comes up for discussion or consideration at, such meeting.
Subject to the provisions of this Act, the powers andduties of the Board shall be as follows, namely:---
(1) to advise the State Government on reference made to itor on its own motion on matters of policy relating to secondary education ingeneral, and -on the following matters in particular, namely:--
(a) evolution of suitable patterns of secondary education :
(b) prescription and maintenance of educational standardsfor such patterns of secondary education ;
(c) integration of national and State policy in respect ofsecondary education ;
(d) matters pertaining to educational planning, programmeand organisation ;
(2) to recommend to the State Government the curr
(1) For the performance of its functions the Board shall appoint from amongst its members an Executive Committee and an Examination Committee and may appoint such other Committees as it thinks necessary and it shall be lawful for the Board to appoint a person who is not a member of the Board as a member of any such Committee :
Provided that nothing in this sub-section shall be deemed to preclude the Chairman or the Deputy Chairman from being named by the Board as a member of any such Committee :
Provided further that where the Chairman or the Deputy Chairman is named as a member of any Committee, the Chairman or, as the case may be, the Deputy Chairman shall be the Chairman of such Committee.
(2) Subject to the provision contained in sub-section (1), the constitution of every Committee appoint
(1) The Chairman shall, when present, preside at the meetings of the Board and in his absence the Deputy Chairman shall preside at such meeting:
Provided that if at any meeting of the Board the Chairman and the Deputy Chairman are both absent, the members present shall elect a member from amongst themselves to preside at that meeting.
(2) It shall be the duty of the Chairman to ensure that the provisions of this Act and the regulations and by-laws made thereunder are faithfully observed and he shall have all powers necessary for this purpose.
(3) In an emergency which, in the opinion of the Chairman, requires that immediate action should be taken, the Chairman shall take action as he deems necessary and shall, thereafter, report his action to the Board at its next meeting.
(1) , The Board shall have a Secretary who shall be appointed by the State Government.
(2) The Secretary shall, subject to the control of the Chairman, be the Executive officer of the Board, and all other officers and servants for the time being serving under the Board shall be subordinate to him.
(3) He shall exercise such powers as may be prescribed.
(4) He shall be entitled to be present at the meetings of the Board and its Committees but shall not be entitled to vote.
(5) The State Government may appoint one or more Joint Secretaries or Assistant Secretaries for the Board, as the State Government may, having regard to the requirements of the Board, think fit to appoint.
(6) A Joint Secretary or an Ass
The State Government may appoint such other officers and servants as may be required to enable the Board to discharge its functions under this Act:
Provided that the State Government may by order delegate to the Chairman or to the Secretary, the powers of appointing such classes of servants as may be specified in the order.
The Chairman, Deputy Chairman, Secretary, Joint and Assistant Secretaries and other officers and servants appointed under this Act shall be the servants of the State Government, and they shall draw their salaries or as the case may be honoraria and allowances from the Consolidated Fund of the State. The salaries and allowances and other conditions of service of these officers other than the Chairman and Deputy Chairman shall be such as may be determined by the State Government.
(1) The Board shall have its own Fund and the following moneys shall be credited thereto:--
(a) fees, royalties and charges (including prescribed penalties) levied by it;
(b) grants, assignments, contributions and loans if any, given to it by the State Government ;
(c) bequests, donations and endowments or other contributions, if any, given to it ;
(d) interest on, and sale proceeds of securities vested in it ;
(e) all rents and profits from the property vested in it ;
(f) other moneys received by it or on behalf of it.
(2) The Fund shall be kept in any Scheduled Bank as defined in the Reserve Bank of India Act, 193
The Board shall pay every year out of its own Fund to the State Government such amount as the State Government may determine on account of the salary or honorarium, pension, leave and other allowances of the Chairman, Deputy Chairman, Secretary, Joint Secretaries and Assistant Secretaries and other officers and staff of the Board.
The State Government, may, after due appropriation made by the State Legislature by law in this behalf, make such grants to the Board as the State Government may deem necessary for enabling the Board to discharge its functions under this Act.
(1) The Board may, subject to such conditions as may be prescribed in this behalf, borrow money in the open market or otherwise with a view to providing itself with adequate resources.
(2) All moneys borrowed under sub-section (1) may be guaranteed by the State Government as to the repayment of principal and the payment of interest at such rates and on such conditions as the State Government may determine at the time the moneys are borrowed;
(3) The Board may also accept deposits from institutions or general public for the purpose of providing itself with adequate resources.
Subject to the provisions of this Act, the Fund of the Board shall be applied only towards the payment of charges and expenses incidental to the matters specified in this Act and for any other purpose for which by or under this Act, powers are conferred or duties are imposed, upon the Board --
No moneys shall be withdrawn by the Board from a Bank except upon a cheque or letter of credit signed by two officers of the Board duly authorised by it in this behalf.
The Board shall frame before such date and in such manner as may be prescribed, the budget estimates of the income and expenditure of the Board for the next financial year and submit them to the State Government three months before the commencement of the financial year. The State Government may pass such orders with reference to the budget estimates of the Board as it thinks fit, and communicate the same to the Board, within a period of three months from the date they are submitted to it and the Board shall give effect to such orders.
The Board shall forward the annual accounts of receipts and expenditure to the State Government for audit. The State Government shall cause the accounts to be audited, and the Board shall pay such charges for the audit as the State Government may determine.
(1) No person shall impart secondary education through a school unless such school is registered under the provisions of this Act;
(2) As soon as may be after the appointed day, the Board shall prepare and maintain thereafter, a register of Secondary Schools in accordance with the provisions of this Act.
(3) The register shall include such particulars as may be prescribed.
(4) Every person who desires to impart secondary education by establishing a school, shall, on an application in such form and on payment of such fee as may be prescribed, be entitled to have the name of the school entered in the register, subject to the fulfilment of the conditions prescribed by the Board for registration of secondary schools.
(5) Not withstanding anything contai
It shall be the duty of an officer authorised by the Board in this behalf to make additional entries in the register after the date referred to in sub-section (7) of section 31 and from time to time to revise all entries and to issue or cancel the certificate of registration in respect of schools in accordance with the provisions of this Act, the regulations and the directions of the Board.
(1) Notwithstanding anything contained in any law for the time being in force, whenever it appears to the State Government that the manager of any registered private secondary school has neglected to perform any of the duties imposed on him by or under this Act or the regulations, and that it is necessary in the public interest to take over the management of the school, it may, after giving to the manager of such school a reasonable opportunity of showing cause against the proposed action and after considering the cause, if any, shown by him, take over the management of the school for such period as the State Government may, from time to time fix, so however, that such period shall not exceed five years in the aggregate.
(2) Where the management of any school is taken over under sub-section (1) the State Government shall manage the school in such manner as not to curtail any educat
(1) Fifteen per cent, of vacancies of the teaching staff of a registered private secondary school shall be filled up by persons belonging to the Scheduled Castes and the Scheduled Tribes :
Provided that where a person belonging to a Scheduled Caste or Scheduled Tribe is not available for filling any such vacancy, the vacancy shall be filled up as otherwise provided in this Act.
Explanation.-- In this sub-section,--
(a) "Scheduled Castes" means such castes, races or tribes, or parts, of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under article 341 of the Constitution of India.
(b) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such
(1) For every registered private secondary school thereshall be following two committees, namely:--
(a) a school staff selection committee for the purpose ofrecruiting the teaching staff of the school other than the head master,
(b) a special school committee for the purpose of recruitingthe headmaster, and for the purpose of the initial recruitment of theheadmaster and the teaching staff of a school started after the appointed day
(2) The school staff selection committee shall consist ofthe following members, namely: --
(i) Two representatives of the management of the school tobe nominated by the management;
(ii) The headmaster of the school;
(iii) In the case
(1) No person who is appointed as a head-master, a teacher or a member of non-teaching staff of a registered private secondary school shall be dismissed or removed or reduced in rank nor shall his service be otherwise terminated by the manager until--
(a) he has been given by the manager a reasonable opportunity of showing cause against the action proposed to be taken in regard to him, and
(b) the action proposed to be taken in regard to him, has been approved in writing by an officer authorised in this behalf by the Board :
Provided that nothing in this sub-section shall apply to any person who is appointed for a temporary period only.
(2) The officer referred to in clause (b) of sub-section (1) shall communicate his decision within a period of fo
Every contract between a registered private secondary school and a person in service of such school as a headmaster, a teacher or a member of non-teaching staff, whether made before or after the appointed day shall, to the extent that it takes away any right conferred on such person by or under this Act, be null and void.
(1) Where there is any dispute or difference between the manager of a registered private secondary school and any person in service of such school as head-master, a teacher or a member of non-teaching staff, which is connected with the conditions of service of such person, the manager or, as the case may be, the person may make an application to the Tribunal for the decision of the dispute.
(2) As from the appointed day the State Government or any officer of the State Government shall have no jurisdiction to decide any dispute of the nature referred to in sub-section (1) and any such dispute pending before the State Government or any officer of the State Government immediately before the appointed day shall, as soon as may be, after the appointed day, be transferred to the Tribunal for its decision.
(1) There shall be constituted by the State Government by an order published in the Official Gazette one or more Tribunals for the purposes of this Act.
(2) A Tribunal shall have jurisdiction in the whole of the State or in respect of a city having a population exceeding two lacs as ascertained at the last preceding census of which the relevant figures have been published or in respect of a district to group of districts as may be specified in the order.
(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 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 sub-section (1) of section 38 and to deal with and decide all applications
(1) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Tribunal
(2) All suits and proceedings between the manager of a registered private Secondary school and any person in service of such school as a head-master, a teacher or a member of non-teaching staff relating to disputes connected with the conditions of service of such person, which are pending in any civil court on the appointed-day shall be transferred to and continued before the Tribunal :
Provided that nothing in this sub-section shall apply to execution proceedings an appeals arising out of decrees or orders passed by any such court before the appointed day and such execution proceeding and appeal shall be decided and disposed of as if this Act had not been passe
1[40A. Savings
Nothing contained in clause (26) of section 17, sections 34 and 36, and clause (b) of sub-section (1) and sub-sections(2), (3), (4) and (5) of section 36 shall apply to any educational institutions established and administered by a minority, whether based on religion or language.]
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1. Section 40A was inserted by Guj, 25 of 1673, s. 2.
(1) No manager of a registered private secondary school shall appoint a head-master and no manager or head-master of such school shall appoint a teacher of the school except in the manner provided in section 35.
(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to one thousand rupees.
Any person who contravenes the provisions of sub-section (1) of section 31 or fails to comply with any direction issued by the Tribunal under sub-section (9) of section 39, shall, on conviction, be punished with fine which shall not be less , than rupees one hundred and which may extend to rupees one thousand.
(1) All particulars contained in a question paper, answer-book, mark sheet or any other prescribed document relating to the examinations conducted by the Board shall be treated as confidential for such period as may be prescribed in relation to any particulars contained in any such document.
(2) If during the period prescribed in relation to any particulars under sub-section (1), any person having in his possession any document containing such particulars or information about any such particulars --
(a) wilfully communicates any such particulars to any person other than a person to whom he is authorised to communicate ; or
(b) uses such particulars in a mariner prejudicial to the secrecy thereof; or
(c) retains such document in his possession or co
(1) No manager of a registered private secondary school shall close down the school at any time during an academic year and without giving notice in writing of his intention so to do to the Board at least six months before the date with effect from which the school is proposed to be closed down.
(2) Any person who contravenes the provisions of sub-section (1), shall, on Conviction be punished with fine which may extend to one thousand rupees,
All casual vacancies among the members of the Board or of any Committee shall be filled, as soon as may be, by election or nomination, or appointment or designation, as the case may be, and the person elected, nominated or appointed or designated, in a casual vacancy shall hold office so long only as the member in hose place he. is elected, nominated, appointed or designated would have held it, if the vacancy had not occurred.
Subject to the provisions contained in this Act no act or proceeding of the Board or of any Committee shall be invalid merely by reason of any vacancy in or any defect in the constitution of, the Board or, as the case may be, the Committee.
The Board shall furnish to the State Government such reports, returns, and statements as may be required by the State Government and such further information relating to any matter connected with its work as the State Government may call for.
(1) The State Government shall have the power, after considering the advice if any, tendered by the Board to issue to the Board such directions as it may consider necessary in regard to all or any of the matters specified in section 17. The Board shall comply with such directions.
(2) The State Government shall also have the right to address the Board with reference to any thing it has conducted of done, of is conducting or doing, or intends to conduct or do, and to communicate to the Board its views in the matter,
(3) The Board shall report to the State Government such action, if any, as it proposes to take or has taken upon the communication, and shall furnish an explanation if it fails to take action.
(4) If the Board does not within a reasonable time take action to the satisfaction of the
The Chairman, Deputy Chairman, members of the Board and all officers and servants referred to in section 20 and 21 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, (XLV of 1860.)
No suit, prosecution or other legal proceeding shall lie against the Chairman, Deputy Chairman or a member of the Board or against any officer or servant referred to in section 20 or 21 or against any other person in respect of anything in good faith done or inferred to be done by him in the exercise of his powers or the discharge of his duties under this Act.
(1) If in the opinion of the State Government, the Boardis not competent to perform or is not properly performing, or deliberatelymakes default in performing, the duties imposed on it by or under this Act orthe regulations made thereunder or otherwise by law or exceeds or abuses itspowers or is acting or has acted contrary to the provisions of this Act or theregulations made thereunder, or fails to obey any direction issued to it undersection 48, the State Government may after giving the Board an opportunity torender an explanation, by an order published, with the reasons there for, inthe Official Gazette, dissolve the Board or supersede it for such period notexceeding three years as may be specified in the order; and such period mayextend beyond the term for which the members of the Board would have heldoffice under section 6, if the Board had not been superseded under thissection.
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The State Government may, by notification in the Official Gazette, exempt from all or any of the provisions of this Act any secondary school which is affiliated to the Central Board of Secondary Education, New Delhi or to the Indian Public School Conference, New Delhi or is maintained by any University or by institution recognised by the University Grants Commission or declared by the Central Government as Universities in accordance with the provisions of clause (f) of section 2 or of section 3 as the case may be, of the University Grants Commission Act, 1956 (III of 1956.)
(1) The Board may make regulations for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such regulations may provide for all or any of the following matters, namely :--
(a) the constitution, powers and functions of committees appointed under section 18 and the term of office of members thereof;
(b) the subjects for the annual examinations of all standards in registered schools;
(c) the admission of candidates to the annual examinations and conditions governing such admissions;
(d) the marks needed for passing in any subject and at the annual examination as a whole for exemption, credit and distinction in any s
Notwithstanding anything contained in section 53 the first regulations shall be made by the State Government and they shall continue to be in force until new regulations are duly made and sanctioned under that section.
The Board may make bye laws consistent with this Act and the regulations made thereunder to provide for all or any of the following matters ;:--
(a) the procedure to be followed at the meetings of the Board and the Committees appointed by it and the number of members required to form a quorum at such meetings ;
(b) the traveling and daily allowances which may be draw by member of the Board or any committee ;
(c) any other matter solely concerning the Board and its committees not provided for by this Act or the regulations made there under.
If any question arises regarding the interpretation of any provision of this Act or any regulation or bye-law made thereunder, the matter shall be referred for decision to the State Government and shall be so referred to the State Government, if not less than one third members of the Board so required. The decision, of the State Government shall be final.
(1) With effect on and from the date on which the Board is constituted under section 3 for the first time (hereinafter referred to as "the said date") the Bombay Secondary School Certificate Examination Act, 1948 (Bom. XIVX of 1948.) shall stand repealed and the Gujarat Secondary School Certificate Examination Board constituted thereunder, (hereinafter in this section referred to as the dissolved Board") shall stand dissolved and all members thereof shall vacate office.
(2) Notwithstanding the repeal of the said Act--
(a) all property, movable and immovable, all rights and interest of whatever kind, and all powers and privileges of the dissolved Board shall on the said data stand transferred to the Board and shall without further assurance vest in the Board, and shall thereafter be applied to the objects and purposes for which the Board
If any difficulty arises is giving effect to the provisions of this Act, the State Government may, by general or special order published in the Official Gazette make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing the difficulty.
Each of the Acts specified in the second column of the Schedule stall be amended in the manner, and to the extent, specified against it in the third column thereof.
SCHEDULE
(See section 59)
Serial Number
Short title
Extent of Amendment
1
2
3
1.
The Maharaja Sayajirao University the of Baroda Act, 1949 (Baroda Act 17 of 1949).
In section 44, in clause (i), for the words "conducted by the Secondary School Certificate Examination Board", the words "conducted by the Gujarat Secondary. Education Board", shall be substituted
2.
The Gujarat University Act, 1949
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