The Gujarat Primary Education Act, 1947.
gujarat · 1947
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Bombay Primary Education Act, 1947
- S. 2Section 2 defines key terms used in the Gujarat Primary Education Act, 1947, including "Administrative Officer," "Approved school," and "Child."
- S. 3(1) For each district there shall be a district school board
- S. 4(1) Each school board shall consist of members not less than twelve and not more than sixteen in number
- S. 5Section 5 lists disqualifications for membership on a school board under the Gujarat Primary Education Act, 1947.
- S. 6Section 6 outlines the procedure for challenging the validity of school board member elections in Gujarat.
- S. 6ADisqualification at time of election, etc
- S. 7Section 7 of the Gujarat Primary Education Act, 1947, outlines conditions for disqualification of school board members and penalties for disqualified individuals who participate in board meetings.
- S. 7APenalty for sitting or voting when disqualified
- S. 8Section 8 prohibits school board members from voting or discussing matters where they have a financial or professional interest.
- S. 9Section 9 allows the State Government to remove school board members for misconduct or incapacity, after due process, and can disqualify former members for misconduct.
- S. 9ADisqualification of person for misconduct after he has resigned as member
- S. 10(1) Every school board shall elect a chairman and a vice-chairman from amongst the members of the board
- S. 10AAuthority in place of district school board where there is no district local board
- S. 11Every district school board shall be a body corporate by the "The District School Board of
- S. 12Transfers primary school properties and staff to district school boards, with final decisions on disputes by the State Government.
- S. 13Section 13 outlines the district school board's control, aid provision, and duties for primary school welfare, maintenance, and staffing in Gujarat.
- S. 14Section 14 allows the district school board to relinquish its powers and duties to the state government for primary education.
- S. 15Section 15 empowers the district school board to recommend taluka advisory committees for primary education advice, which can be dissolved by the State Government.
- S. 16Section 16 allows the state government to authorize municipalities to manage approved schools and transfer existing rights and properties related to primary education.
- S. 17Section 17 mandates municipalities to maintain and open primary schools, provide necessary staff, and ensure free primary education.
- S. 18Section 18 of the Gujarat Primary Education Act, 1947, assigns the municipal school board responsibility for managing primary schools and performing duties for primary education expansion and funding.
- S. 18AVesting of property and absorption of staff in merged area
- S. 19Section 19 transfers control of primary education properties and responsibilities from non-authorized municipalities to district school boards or specified authorized municipalities.
- S. 20Section 20 mandates district school boards and municipalities to maintain necessary staff for school administration, with government approval.
- S. 21(1) For every school board there shall be an Administrative Officer
- S. 22Section 22 allows the State Government to delegate administrative officer appointment power to certain municipalities for primary education funding.
- S. 23Section 23 establishes a staff selection committee for primary education appointments in Gujarat.
- S. 24Section 24 empowers administrative officers to manage staff and allows appeals to a tribunal for disciplinary actions.
- S. 25Preparation of Scheme
- S. 26Preparation of scheme by authorized municipality
- S. 27Particulars to be contained in scheme
- S. 28Sanction of State Government to scheme
- S. 29Modification, etc
- S. 30Power to exempt children of particular classes
- S. 31No fees to be charged in area of compulsion
- S. 32Duty of parent to cause children to attend school
- S. 33Meaning of reasonable excuse
- S. 34Issue of attendance order
- S. 35—
- S. 36Penalty for employing child to whom scheme applies
- S. 36ACourts competent to try offences under sections 35 and 36
- S. 36BConstitution of Primary Schools Panchayat; its powers and procedure
- S. 36CCertificate of Head Masters of approved school to be conclusive evidence of parent's failure to comply with section 32
- S. 36DSaving of pending proceedings
- S. 37Administrative Officer to be public servant
- S. 38Section 38 specifies that the State Government determines subjects, curricula, books, and teaching standards for approved schools.
- S. 39[Recognition of and grants to approved schools under private management
- S. 40Section 40 mandates approved schools to allow state government inspectors to check if they comply with educational and health standards.
- S. 40ASection 40A mandates that only the State Government, School Board, or authorized municipality can establish primary schools, requiring recognition for others.
- S. 40BSection 40B protects teachers in private primary schools from dismissal without due process and approval by the school board's administrative officer.
- S. 40CSection 40C mandates teachers to resign in person to the school board's administrative officer, whose endorsement is required for the manager's acceptance.
- S. 40DSection 40D nullifies any contract or service terms that take away teacher rights under the Gujarat Primary Education Act.
- S. 40ESection 40E allows disputes between private primary school managers and teachers over service conditions to be resolved by a Tribunal.
- S. 40FSection 40F establishes tribunals to resolve disputes and appeals related to teacher resignations and certain contracts under the Gujarat Primary Education Act.
- S. 40GSection 40G restricts civil court jurisdiction over school management-teacher service disputes, transferring such pending cases to a Tribunal.
- S. 40HSection 40H exempts recognized private primary schools run by minorities from certain financial regulations.
- S. 41Section 41 mandates district local boards and non-authorised municipalities to annually transfer specified funds to district school boards for primary education.
- S. 42Section 42 outlines the State Government's financial contribution to approved municipal education schemes based on municipality population size.
- S. 43Section 43 outlines the process for the district school board's budget submission and approval by the State Government.
- S. 44Section 44 establishes a primary education fund to be maintained by district school boards and authorized municipalities, funded by various sources including fees, grants, and contributions.
- S. 45Section 45 allocates the primary education fund to the school board for specified and prescribed purposes.
- S. 46Section 46 of the Gujarat Primary Education Act, 1947, outlines the management and investment of primary education funds and establishes a provident fund for school staff.
- S. 46AProvident Fund
- S. 47Section 47 allows school board officials to receive travel allowances and mandates audit and publication of school board accounts.
- S. 47AAudit
- S. 48Section 48 allows the State Government to appoint officers for superintendence, inspection, and enforcing the Act.
- S. 49Section 49 allows inspecting officers to attend school board meetings and inspect educational properties and documents.
- S. 50Section 50 empowers the Director to request reports and information from municipalities or school boards regarding primary education and to seek their consideration of related objections.
- S. 51Section 51 allows the Director to suspend or prohibit school board actions deemed unlawful or beyond powers, and report to the State Government.
- S. 52Section 52 empowers the State Government to appoint someone to enforce primary education schemes if municipalities fail to do so.
- S. 53Section 53 empowers the state government to compel school boards to fulfill their duties and appoint others to do so if they fail.
- S. 54Section 54 grants the State Government authority to direct district school boards on primary education matters.
- S. 55Section 55 allows the State Government to conduct inquiries into primary education matters and has officers with court powers to enforce them.
- S. 56Section 56 empowers the State Government to dissolve or supersede a school board if it deems the board incompetent or acting contrary to the Act.
- S. 57Section 57 allows the dissolution and reconstitution of district school boards when district boundaries change.
- S. 58Section 58 establishes a Board of Primary Education with elected and appointed members, outlines their terms, resignation, removal, and attendance requirements.
- S. 59Section 59 dissolves the existing Board of Primary Education and establishes a new one with prescribed powers and duties.
- S. 59ATransitory and special provision on account of reorganisation of Bombay State
- S. 60Delegation
- S. 61Section 61 allows authorized municipalities to delegate powers to municipal school boards and school boards to delegate to committees or officers.
- S. 62Section 62 protects school boards and authorized municipalities from lawsuits for actions taken under the Act without prior notice.
- S. 63(1) The 125[State] Government may, by notification in the Official Gazette, make rules for carrying out the purposes of
- S. 64Section 64 repeals the Bombay Primary Education Act, 1923, but allows existing school boards to continue until a new board is formed under this Act.
- S. 65Section 65 ensures the Gujarat Primary Education Act overrides conflicting provisions in other specified Bombay Acts.
- S. 66[Deleted
- S. 67Section 67 reconstitutes the District School Board for Banaskantha, appointing new members and setting their terms.
- S. 68Validating provisions in respect of certain District School Boards
- S. 69(1) The Saurashtra Primary Education Act, 1956 is hereby repealed
- S. 70References to District School Board to be construed as refrences to Taluka Panchayat and District Panchayat
- S. 71Construction of references to District School Board so far as Kutch district is concerned
- S. 1925Authorized Municipalities to exercise powers, etc
- S. 194954 This sub-section was inserted by Guj
- S. 1951Payment of travelling allowances to Chairman
- S. 1956Repeal of Saurashtra Act XXXIII of 1956 and saving
- S. 1959Section validates transfers of primary school assets and teachers between boards, ensuring no legal challenge due to lack of specific authorization.
- S. 196024 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950
- S. 1963Amended by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act) Order, 1963