O O VERXM K N T OF G U JA R A T

I le g a l D fp a t t m e n t

Bombay Act No. LXI of 1947

The Bombay Primary Education Act, 1947

( As modified upto the 31st Decem ber 1964 )

Pr in t e d in In d ia b y t h e M anag er , G o v e r n m e n t Pr e s s and Statio n er* D e p a r t m e n t , B a r o d a ; P u b l is h e d b y t h e D irector , G o ver n m en t Pr in tin g ,

P u b l ic a t io n s a n d St at io n er y , G ujarat St a t e , AiiMEDABAD.

1965[ Price — Re. 0-55 ]

THE BOMBAY PRIMARY EDUCATION ACT, 1947

CONTENTSP e e a m b l b .

Sbctions. CH APTER I

Replacement Series No. XV— p. 119 25531947: Bom. LXI]

P e e l t m i n a b t

1. Short title and extent.2. Definitions,

CH APTER II

CONSTITTJTION OF DISTRICT AND MUNICIPAL SOHOOI, BOABDS

3. School boards.4. Constitution o f school boards.6. Disqualifications o f members.6. Determination o f validity o f elections ; inquiry by Judge ; Procedure. 6A. Disqualification at time o f election, etc., discovered subsequently.7. Disqualification after becoming member.7A. Penalty for sitting or voting when disqualified.8. Disabilities on account o f interest in subject matter.9. Rem oval o f members o f school board for misconduct.9A. Disqualification o f person for misconduct after he^has resigned as

member.10. Elections o f chairman and vice-chairman.10A. Authority in place o f district school board where there ia no district

local board.CH APTER II

P o w e r s , D u t i e s a n d F i t n o t i o n s o f D i s t r i c t S c h o o l B o a r d s , A t t t h o r i s e d M u n i c i p a l i t i e s a n d M u n i c i p a l S c h o o l B o a r d s

A. District School Boards11. Incorporation o f district school boards.12. V esting o f property in and absorption o f staff by district school boards.13. Powers, duties and functions o f district school boards.14. Relinquishment o f powers and duties.15. Constitution o f taluka advisory committee.

B. Authorized Municipalities16. Authorised municipalities to exercise powers, etc. and hold proper­

ties o f local authority municipalities.17. Duties and functions o f authorised municipalities.

C. Municipal School Boards18. Powers, duties and functions o f municipal school boards,

D. Merged Areas 18A. Vesting o f property and absorption o f staff in merged area^

(Bk) H-34— 1

S e c t i o n s .C'HAPTli]R IV

N o n A u t h o r i z e d M u n i c i p a l i t i e s

19. Exercise powers, etc. and holding o f property in respect o f noii-authorized municipalities.

CH APTER V

A d m i n i s t r a t i v e M a c h i n e r y

20. District school board, authorised municipality to maintain adequatestaff, i>ay, etc.

21. Administrative Officer.22. Delegation o f power to appoint xVdministrative Ofiicer to certain

authorized municipalities.23. Staff selection committee.24. Powers o f Administrative Officers over school board staff.

CH APTER VI

P r e p a e a t i o n a n d E n f o r c e m e n t o f S c h e m e s o f C o m p u l s i o n

25. Preparation o f scheme.26. Preparation o f scheme by authorized municipality.27. Particulars to be contained in scheme.28. Sanction o f State Government to scheme.29. Modification etc. o f sanctioned schemes.30. Power to exempt children o f particular classes.31. 2^0 fees to be charged in area o f compulsion.32. D uty o f parent to cause children to attend school.33. "Meaning o f reasonable excuse.34., Issue o f 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 36.36B.Constitution o f Primary Schools Panchayat; its powers and

procedure.36C.Certificate o f Head Master o f approved school to be conclusive

evidence o f parent’s failure to com ply with section 32.36D.Saving o f pending proceedings.37. Administrative Officer to be public servant.

CH APTER V II

A p p r o v e d S c h o o l s

2554 Bombay Primary Education Act, 1947 [ 1947 : Bom. LXI

38.,, Subjects, curricula, etc., o f approved schools, f Recognition o f and grants to approved schools under private

management.40. Inspection o f approved schools returns.

S e c t i o n sCH APTER V III

F i n a n c i a l R e l a t i o n s b e t w e e n t h e S t a t e G o v e k n m e n t a n d

L o c a l B o d i e s

41. Payment to be made by district local board and non-authorized municipality.

4‘2. Contribution by State Government.43. District school board budget.44. Primary education fund.45. Application o f primary education fund.46. Deposit o f primary education fund.46A. Provident Fund.47. Payment o f travelling allowances to chairman, vice-chairman and

members o f school board.47 A. Audit.

CH APTER IX

C o n t r o l

48. Inspecting stafif.49 Inspecting officers to be present at school board meetings. Powers

o f supervision.50. Powers to call for return or require explanation, etc.51. Power o f suspending execution o f orders, etc. o f school board.52. Default by authorized municipality.53. Power o f State Government to provide for performance o f duties

on default by school board.54. Directions by State Government.55. Enquiry into affairs o f school board.56. Dissolution or supersession o f school board in certain circumstances.57. Dissolution o f district school board and its reconstitution on altera­

tion o f limits o f district.

CH A PTE R X

B o a r d o f P r i m a r y E d u c a t i o n

58. Constitution o f Board o f Primary Education.59. Powers and duties o f Board.59A. Transitory and special provision on account o f reorganisation o f

Bom bay State.

CH A PTE R X I

M i SCELLAN EDITS60. Delegation.61. Delegation by authorized municipalities and school boards o f

their powers, duties and functions.62. Limitation o f suits.

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S e c t io n s

63. Power to make rnles.64. Kepeal and transitory provision relating to school boards.65. A ct to prevail over provisions o f certain other Acts.66. [Deleted.]67. Transitory and special provision, in respect o f Banaskantha District

School Board, on account o f reorganisation o f States.68. Validating provisions in respect o f certain District School Boards.69. Repeal o f Saurashtra A ct, X X X I I I o f 1956 and saving.70. References to District School Board to be construed as refererjcee

to taluka Panchayat and D istiict Panchayat.71. Construction o f references to District School Board so far as Kutch

district is concerned.

Schedule

265(1! Bombay Primary JEducation, Act, 1947 [ 1947 : Bom. TilTT

Replacement Series No. XX —p. '? ! 2557BOMBAY ACT No. LXI OP 1947. ^

[ T h e B o m b a y P r i m a r y E d u c a t i g i ^ A c t , 1947. ][ 29th January 1918 J

Am ended by Bom . 8 of 1949.„ „ 46 o f 1949.„ „ 8 o f 1950.

A dapted and modilied by the Adaptation o f Laws Order, 1950.Am ended b y Bom. 9 oi 1951.

„ „ 39 of 1951.„ „ 46 01 1951.„ „ 25 of 1952.„ „ 33 o f 1953.„ „ 26 of 1954.,, ,, 67 o f 1954.„ „ 2 o f 1955.„ „ 12 o f 1956.„ „ 24 o f 1956.

A dapted and moditied b y the Bom bay Adaptation c f Laws (State and Concurrent Subjects) Order, 1956.

Am ended by Bom. 50 o f 1958.A dapted and modified by the Gujarat Adaptation o f Laws (State and

Concurrent Subjects) Order, 1960.Am ended by Guj. 20 o f 1962.

„ „ 13 o f 1963.Amended by Guj. 42 o f 1963.Amended by Guj. 55 o f 1963,Amended by Government Order, E. and L. D., No. INT. 3062, A I, dated

tlie 1st April, 1963.Amended by the Gujarat Panchayats (Adaptation o f the Bombay Primary

Education Act) Order, 1963.An Act to provide for compulsory primary education and to malie better

provision for the management and control of primary education in the Province o£ Bombay.

W H E R E A S it is the duty o f Government to secure the development and expansion o f primary education; and whereas it is the declared policy of Government that universal, free and compulsory primary education should be reached b y a definite programme of progressive expansion; and whereas it is expedient to make better provision for the development, expansion, management and control o f primary education in the Province o f Bom bay;I t is hereby enacted as follows ;—

CHAPTER I.P k e l i m i n a k y .

1. (1) This A ct may be called the Bom bay Primary Education A ct, 1947 fndtJtent- 2 [(2) It extends to the whole o f the State o f Gujarat]. *

(3) I t shall come into force on such date as the ^[State] Government may • by notification in the Official Gazette, appoint;

1 F or Statem ent o f Objects and Reasons, see B otniay (7ot)er»i»nc»i< 1947, Part V pace328j for Proceedings in Assem bly, fice B om bay Legislative A esfm bly f je b a te e ,’ l947 , V ol X I • and for Proceedings in Council, see B om bay Legislative Councii Debates, 1047, V ol k j l l '

2 T h is sub-section was substituted b y G uj. 13 o f 1963, B. 2 (»).8 This word was substituted for the word 'Trcviiiciar’ by the Adapfaticn of Laws Order I960

^[Provided that in the areas to which this A ct is extended by the Bom bay ouj. Primary Education (Gujarat Extension aad Amendment) Act, 1963 A ct and the rules made thereunder shall come into force on the date on which the Bombaj^ Piimary Education (Gujarat Extension and Amendment) Guj. Act, 1963 comes into foice.]-

Defiui- 8. In this A ct unless there IS anything repugnant in the subject or context, tions. “ Administrative Officer” means an officer appointed under section 21

or 22;(2) “ Ajoproved school” means a primary school maintained by the

^[State] Government or by a school board or by an authorized m unici­pality or which is fee the time being recognized as such by a school board or by the ^[State] Government or by an officer authorized b y it in this beh a lf;

(3) “ Area o f compulsion” means the area in which primary education up to any standard»is compulsory;

(4) ‘ ‘Area o£ an authorized m-anicipality” means the atea compxised within the limits of such municipality and shall include the area o f a non-authoiised municipality approved schools in which vest or in are controlled by the authorised municipality;

(5) “ To attend an approved school” means to be present for instruc' tion at such school on such days and at such time and for such period on each day as may be required under the regulations framed by the school board;

(6) “ Authorized M unicipality” means a municipality which is authori­sed by the 2[State] Government under sub-section (2) o f 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 mote than fourteen years at the beginning o f the school year.

Explanation.— For the purposes o f this definition, “ schoolyear” shall mean the year beginning with such date as the school board may, with the sanction c f the Director, fix;

{8) “ Director” means 3[the Director o f Education] 4 * * «(9) “ D istrict” in clause {h) o f section 5, in section 6, sub-section (5) o f

section 10 ^[section 19 and section 68] means the district as fo im ed under the Bom bay Land Revenue Code, 1879, or, as the case may be that Code as extended to the K utch area o f the State o f Gujarat] and elsewhere 1879. the area comprised in a distiict so form ed excluding the areas o f authorized municipalities, and cantonments;

(10) “ District School Board” means a school board constituted for a district under section 3;

1 This proviso was added, b y Guj. 13 o f 1963, s. 2 (ii).2 This w ord was substituted for the word, “ Provincial” b y the Adaptation o f Laws Order, 1950.3 These w ords were substituted for the words “ the D irector o f Public Inistruetiou ” b y Bom .

39 o f 1951, s. 3, Second Schedule.4 The words “ for the State o f B om bay” were om itted b y the B om bay Adaptation o f Laws

( State and Concurrent Subjects ) Order, I9i56.5 These words and figures were substituted for the words and figures “ and section 19 ” , by

G uj. 13 o f 1963, s. 3 (m ).6 These words were substituted, ibid, s. 3 (i).

2558 Bombay Primary Education Act, 1947 [1947 : Bom.

^\_{10A) “ Educational Inspector of the district” means the Edncational Inspector appointed for a district or group o f districts;]

(11) “ Municipal School B oard” means a scIlooI b ard constituted for the area o f an authorized municipality under section 3;

{12) “ Non-authorized M unicipahty” means a municipality other than an authorized municipality;

{13) “ Parent” includes a guardian or any person who has the custody o f a child;

{14) “ Prescribed” means prescribed by the rules made under this Act;

{15) “ Primary Education” means education in such subjects and up to such standards, as m aybe determ hiedby the ^[State] Government from time to time;

(16) “ Primary Education Fund” means the fund maintained under section 44;

il7) “ Primavy ScbooV’ means a school or a pact of a school in whicli ^ primary educaticjn upto any standard is imparted;

(18) “ ^[Board] o f P iim aiy 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.

C H A PTE R II

C o n s t i t u t i o n o f D i s t r i c t a n d M u n i c i p a l S c h o o l B o a r d s .

3. (1) Eor each district there shall be a district school board. Schoolboards.

{2} For each area o f an authorized municipality there shall be a municipal school board.

4. (1) Each school board shall consist o f members not less than twelve Constitutionand not more than sixteen in number. o f school

boards.

(2) O f these members not less than two and not more than three in number shall be appointed by the ^[gtate] Government.

(3) The ixumber ot members under sub-sections (1) and (2) shall be deter­mined by the 2[gta,te] Government from time to time.

{4) O f the members appointed by the ^[State] Government under sub­section (2) one shall be an officer o f the 2[gtate] Government; and the remaining shall be persoirs (i) Avho shall have passed the matriculation exa­mination or shall possess any other equivalent or higher educational quali­fication which the 2[State] Government may specify in this behalf or (w) who have had experience o f the system or institutions o f primary education.

(5) (a) The members other than those appointed by the ^[State] Govern­ment shall be elected by the district local board or the authorized munici­pality as the case may be :

1 This clause was inserted b y Bom . 2 o f 1955, s. 3, Second Schedule.2 This word was substituted for the w ord “ ProvineiaI” by the Adaptation o f Laws Order, 1950.3 This word was substituted for the words “ State B o a r d ” b y the Bomfcay A daptation o f

LaW8( State and Concurrent Subjects ) Order, 1956,

Replacement Series No. 3K —-p. 721947 : Bom. LXIJ Bombay Primary Education Act, 1947 2558-A

Provided that where approved schools within the area o f any non- anthorized municipalities are controlled by the district school board or the autliorised muncipality, not more than two o f 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, on the district school board or municipal school board, as the case may be.

(h) Members elected under this sub-section shall not necessarily be mem­bers o f the electing local authority.

2[(c) N ot withstanding anything contained in this sub-section, in the case o f a district local board or authorized municipality the term o f office the members or ctnincillors of which expires on or before the 31st day o f July 1949, the election of the members o f the school board shall not be held by such district local board or autliorized municipality, as the case m aybe, until after the new district local board or the authorized municipality, has been constituted.]

Of the meml^CTs elected by tlie distviot local boaTd or Toy the autViori- zed municipality such member not exceeding two as may be x^i"«scribed sliall be from amongst the Scheduled Castes and the Scheduled Tribes.]

(7) Members elected under sub-section (5) shall have passed the primary school certificate examiaation or shall possess such other equivalent or higher educational qualification as may be prescribed ;

Provided that persons from amongst 4[ t.]ie 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 :

P t ovided further that out oi the seats o f the members to be electcd by the district local board or the authorized municipality not less than three shall be l eserved in the prescribed maimer for persons ®[who have passed the matriculation or 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 jjurposes o f sub-sections (6) and (?'), “ 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 o f Gujarat]. ].

1 This word was substituted for the w ord “ P rov in c ia l” b y the A daptation o f Laws Order, 1950.

2 This clause was inserted b y Bom . 8 o f 1949, s. 2 (1).3 This sub-section was substituted for the original b j ’ Bom . 25 o f 1952, s. 2 { ]) .The amendm ents made b y section 2 o f Bom . 25 o f 1952 shall not apply to any school

board existing on the date o f the com m encem ent o f the said A ct but shall apply to any new school board constituted thereafter ( vide s. 10 o f Bom . 25 o f 1 952 ).

4 These words were substituted for the words “ the backward com m u nities” ibid, s. 2 (2). See also para. 2 o f foo t note 3.

5 These words were substituted for the words “ who have passed the matriculation or second year training certificate exam ination” b y Bora. 46 o f 1949, s. 2 (7).

6 This Explanation was substituted forth e original b y Bom . 25 o f 1952, s. 2 (3). <Sef aUo para. 2 o f foo t note 3.

7 These words were substituted for the words “ pre-Reorganisation State o f B om bay, excluding the transferred territories ” b y the Gujarat Adaptation o f Laws ( State and Concurrent Subjects ) Order, 1960,

(Bk) H-34— 3

Replacement Series No. X I—p. 1391947 ; Bom. LXI] Bombay Primary Education Act, 1947 2559

(8) I f the 1 [State] Govem m ent is satisfied that any election (including a by-election) cannot for any reason beheld at all or cannot be completbd within such period as the ^[State] Government considers reasonable or has not resulted in the return of the required number o f qualified iiersons willing to take office, the ^[State] Government shall nominate from amongst persons who would have been qualified to be elected the requii'ed number of persons as members o f the school board and the persons so nomiiiated shall be deemed to have been duly elected under sub-section (5 1 ;

^[Provided that if at any time after the nomination o f such persons as members o f the school board, the State Government is satisfied that fresh election (including a by-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 ofiSce o f such members for which they had been nominated has not expired.

(9) Except aa otherwise provided in this Act, the term of office o f the members o f a school board shall cease on the expiry o f the teT in o f the electing district local board or authorized municipality ;

Provided that the term of office o f such members shall not be deemed to expire by reason only o f the fact that the district local board or a u t h o r i z e d municipality, as the case may be, is dissolved or superseded.

{10) (a) I f the term o f office o f the members o f a school board expires during the supersession o f the electing district local board or aiithorized smunicipality a new school board shall be constituted as provided in sub- aections (2) to (7) until the district local board or authorized municipality, 6is the case may be, is re-established, provided that the members of such ehool board shall be nominated by the ^[State] Government.

(h) The term o f office o f the members o f the school board so nominated shall be for such period not exceeding three years as the [State] Government may determine ;

Provided that i f during such period the district local board or authorised municipality, as the case may be, is I'e-established, the term o f office of the members of the school board shall expire on the date on which a new school board is constituted.

(11) Notwithstanding 3[the cessation or expiry o f the term o f office o' the members] o f any school board under sub-section ^[(8), (9) or ilO)'] they shall continue in office until the members o f a new school board are elected, appointed or nominated, as the case may be.

{12) {a) Any member o f a school board other than the chairman or vice- chairman may resign his office by giving notice in writing to that eff’eet to the chairman and such resignation shall take effect from the date o f its receipt by the chairman.

1 This word was isubsfcitutcd for tln' word “ Provincial ” by tlje Adaption o f Law Order, 1950.

2 Tliis proviso was added b y Bom . 20 o f 19.54, s. 2 (I).3 These words were substituted for the original ibid., b, 2 (2) (i).4 These brackets and figures were substituted for the bracket.^ and figures “ (9) , ” ibid.

3. 2 (3 )(u ).

2560 Bombay Primary Educntimi Act, ]U47 [1947 : Bom. LXI

(b) The vice-chairman may resign his office as vice-chairman or member by giving notice in writing to tliat effect to the chairman. The chairman may resign liis office as chaii'man or member by giving notice hi writing to that eifect to the president o f the district local board or the authorized muniuipality, as the case may be. Such resignation shall take effect from the date o f their acceptance by the chairman or the president.

(13) Casual vacancies including that oi' a chairman or vice-chairman during the term of a school board shall be filled for the remaining period by election, ajopointment or nomination, as the case may be:

'[Provided that no election shall bo held to fill up a vacancy o f a membei occurring within iour months of the date on which the term o f ofHce o f tlie members o f the school board expires.]

2[(i4) Durhig any vacancy the continuing members may act as if no vao;mc}f had occurred.]

\(15) When any area is added to tlie limits oJ a district during the term o f otHce of the electing district local board of the district the ^[State] Govern-

may, noUv\thbta,n».\\ng aviything contained in the preceding sulo- sections, direct that the school board constituted for the district may consist of such number o f members exceeding sixteen, and may appoint such pers )iis 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 . No person shall be elected, appointed or nominated a member o f a pisqualifi- sehool board whO'— cations of

5[{a) is not a citizen o f India, or has voluntarily acquired thecitizenship o f a foreign State or is under any acknowledgement o fallegiance or adherence to a foreign State, or]

6[(aa)] is less than 25 j^ears o f age, or(&) is a judge o f 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 j)unishable with 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 ’118V of o f the Code o f Criminal Procedure, 1898, in proceedings instituted under1S98. section 11 0 o f the said Code, such order not having subsequently been

reversed or quashed, or(Hi) has been removed from office under this Act and five years have

not elapsed from the date o f such removal, unless he has, by an order o f the 4[Sfcate] Government notified in the Official Gazette, been relieved from the disqualification arising on account o f such sentence, order or removal from ofiice, or

(d) is a stipendiary officer or an employee o f any school board, or district local board or m unicipality, or1 This proviso was added b y Bom . 8 o f 1949, s. 2 (2).2 This sub-sootion was added, ibid.. s. 2 (3).3 Sub-section (15) was inserted b y Bom. -16 o f 1949, R. 2 (2).4 This word was substituted for the woi-d “ Provincial” b y the AdapI ation o f Laws Order, 1950.5 This olauso was inserted by Guj. 13 o f 19(i3, s. 4.0 This clause was renumbered, ihid.1 Th'.'se words were substituted for the words “ a magistrate ” b y Bom . 46 o f 1949, s. 3.

Replacement Series No. VII— p . 781947 : Bmi. LXI] Bombfijf Priiaary Eduratioii Act, W d? 2560A

(e) wh.0 has been adjudged an insolvent and has not obtained his dis­charge, or

(/) has, directly or indirectly, b j' himself or his partner, any share or interest in any work done by order of, or in any contract entered into on behalf o f 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 o f less than six months

preceding the date fixed for recording o f votes for elections to the school board,

(i) has been adjudged by a competent court to be o f unsound mind.Explanation.— A jJerson shall not be deemed to have incurred disquali­

fication under clause (/) by reason o f his_(a) having any share or interest in any lease, sale or 2)urchase o f any

immovable i^roijerty or in an agreement for the same if before taking his seat as a member o f the school board, he has obtained tlic sanction of the 1 [State] Government to have such share or inteiest,or

(b) having a share or interest in any joint stock company oi' in anyB om . society registered or deemed to be registered under tlie BombayV II o f Co-oi)erative Societies Act, 1925, which may contract with or bo employed

by or on behalf o f the school board or the electing local authority, or(c) having a share or interest in any newspaper in which any advertise­

ment relating to the aftairs o f the school board or the electing local autho- rit,\' may be inserted, or

(d) holding a debenture or being otherwise interested in any loan raised by or on behalf o f the school board or the electing local authority, or

(e) having a share or interest in the occasional sale to the school board or electing local authority o f any article in which he regularly trades, or in the purchase from the school board or the electing local autiiority 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 o f the ^[State] Government may fix in this behalf, or

if) 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 o f 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 authonity with the sanction o f the l[State] Government may fix in this behalf, or

(g) being a police patel who is an ex-officio keeper o f village cattle pounds under the control o f the electing local authority.6. (1) I f the valid ity o f the election o f a member o f a school board is Determina-

brought in question by an unsuccessful candidate or by any person qualified of to vote at the election, such person may, at any time within fifteen days tions; after the date o f the declaration o f the result o f the election, apjjly to the enquiry by District Judge o f the district within which the election has been or should have been held for the determination o f such question.

1 Tliis w ord was substituted for the w ord “ Provincial” b y the Adaptation o f Laws Order,1950.

1947 : Bom. LXIJ Bombay Primary Education, Act, 1947 2561

(2) All enquiry shall thereupon be held by a Judge not below the grade of an Assistant Judge and such Judge ma}-, after sucli enquiry as he deems neccssary, pass an order confirming or ainending the declared result o f the el ection or setting the election aside. For the pvu’poses o f the said enquiry. lh(' said Judge may exercise any o f tlio powers o f a civil court, and his deci­sion shall be conclusive. I f lie sets aside an election, a date shall forthwith b'l fixed, and the necessary steps taken for holding a fresh election.

(3) All applications received under sub-section (1)—(а) in wliich tlie validity of the election o f members is in question shall

as far as jiossible, be heard by the same Judge, and(б) in which the validity o f the election o f the same member is in ques­

tion shall be heard together.H) Notwithstanding anything contained in the C-jde o f Civil Procedure,

1908, tlie Judge shall not allow (a) any application to be compromised or withdrawn, or

(h) any pleadings in tlie i>i'oceedings to be altered oi- amended, unless he is satisfied that such ai)pIicatiion, altt ration or amendment is hona fide and not collusive.

(5) (a) I f on lioJding such enquiry the Judge finds (hat a candida.te has for the purpose o f the election committed acorruiif jwacticc' within the meaning o f sub-section (6), he shall declare tlie candidate disqualified both for the jnirposes o f that election and o f such fresh election as may be held under sub-section (2), and shall set aside the election o f such candidate if he has been elected.

(6) If, in any case to whicli clause (a) does not apjjly. the validity o f an election is in dispute between two or more candidates, the Judge shall after a scrutiny and com putation o f the votes recorded in favour o f cach such candidate, declare the candidate wJio is found to have the greatest numbc i' o f valid votes in his favour to have been duly elected:

Pi’ovided that for the purpose o f such com putation no vote shall be reckoned as valid i f the Judge finds that any corrupt practice w'as 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 o f any candidate, offers or gives any money or valuabh consideration, or holds out any promise o f individual jiroht or holds out any threat o f inj ury to any person; or

(b) who gives, procures or abets the giv ing o f 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 com m itted by a candi­date, if it has been com m itted with his knowledge and consent, or by a person wlio is acting under the general or sj^ecial authority o f such candidate with reference to the election.

Explanation.— The exjiression “ a promise o f individual profit” —(i) does not include a promis<> 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 o f the person

liimself or any person in whom he is interested.

2562 Bombay Frirnary Education Act, 1947 [1947 : Bom. LXI

[7) I f the validity o f the election is brought in question only on the ground of an irregularity or informality which has not materially affected, the result o f the election or which has not been corruptly caused, the Judge shall not set aside the election.

(8) I f the Judge sets aside an election under clause (a) o f sub-section (5) he may if he thinks lit, declare anj’ pei’son bj whom any corrupt practice has been com m itted w ithin the meaning o f sub-section [6] to be disqualified from being a member o f any school board for a term ot years not exceediug five and the decision o f the Judge shall be conclusive;

Provided that no such declaration shall be made in respect o f any person without such pei'son being given an opportunity to show cause why such declaration should not be made;

1947 : Bom. LX[] Bombay Primary Ediictitkn Act, 19-17 2r)G2-A

ProYi(l(>(l rnrllier that such. ])or.sou may by an order of the ^[State] Clovern- iiK'ut in. lliid 1)ehalf he at any time relieved from sueli (lisqnaliiication,

‘•^[6A. ( /) .i.r it a-|)pears to the State (idvernment on repre^^entation hei/ig Disqualifica-made lo ii that a member of a sehoolhoard was disqualified for heing such, t io n a t time

, . . i 1 election,memh('r luider tlie ])rovision,s ot section 5 or section 9-A at tlie time when etc., disco-- iKth inemLer was elected, appointed or nominated and tlu- memT)er does vered subse-iiiit admit that he was so disqualitied, the question shall he decuded hj’ theState (loN'eriiment and its decision shall he final.

{2] No such r(‘])resentatioii. shall be entertained,—

(/) if it is made by a ])ei'son who is or was entitled to tiU' aix apjdieatioii to t he Dislriet Judge under section fi to question the validity o f tlie elec­tion o f th(> membiM',

(it) if it is made before thr expiration o f the period prescribed for such aYiplication luider the said section, or

(Hi) if an ax)plication to the District Judge under section 6 is pending i>r has been tried,unless the State Government is satisfied that the question of Ihe member’s disqualification by reason of these circumstances avhs not o r could not liave been raised in such proceedings.

(.3) Where in relation to proceedings under sub-section (1\ the member admits that he was disqualified under the x^rovisitms o f section 5 or section 9-A or where under the aforesaid sub-section the State Government decides that the mem1)er was disqualified, his seat shall thereupon l)ecome vacant : but no person who does not admit that he Avas disqualitied, shall be held to T)e disqualified unless such decision has T)een arrived at after giving such ]ierson reasonable opportixnity to show cause.]

7. ( i) I f any member ot a school board, during the term o f Avhich hehas been elected, ax)pointed or nominated— tion after

becoming3[(rt) absents himself from the meetings diu’ing the three successive menaber.

months <u‘ from three consecutive meetings o f the school board whichever period is longer without the ^*permission o f the Board, or]

(h) becomes subject to any o f the disqualifications mentioned in •''[section 5] he shall be disabled from continuing to be a member o f such board and his seat shall be deemed to be vacant ;

Pi'ovided that he shall not be deemed to have incurred any disqualifica­tion undei'clause(/)of section 5 by reason o f his having any share or interest

1. This word was substituted for tho w ord “ Provincial” by tlie Adaptation o f Laws Order,1 950.

2 Section fi-A was inserted b y Bom . 12 o f 1956, s. 2..S This clause wa.s substituted for the original b y Bom . 46 o f 1949. s, 4.4 The word “ piovious ” was deleted b y Bom . 25 o f 1952, s.5 Tlie word-' aiul figui-'' were substituted for the word and figure “ s' ct ion 0” by Bom. 9 o f 1951,

s. 3, Second Schedule.(Bk) H-34— 3

Replacement Series No XV—p. 1221947 ; Bom. LXI ] Bomlnuj Prim ary Edvmtinn A d , 1947 25C3

ill a n y le a s e , s a le nr ]n ire l\ a se o f a n y i in in o v a b le ] )r (.])e i t y (>!• in a n y a g r e e in e i i t t’ui- th e s a m e , i f h e l ia s i ih t a iu e d th e p rt '^ 'iov is s a u e t id i i i . ft h e ^ [S ta te ] ( l o v e i ' i u n e u t t o lla ^ 'e siieU sh a v e o i' in t e r e s t .

(2\ I f a n y q iK 's t io i i . d i s p u t e o r d o u h t a i ise s A vlu 'ther a v a c a n c y h a s o e c n r - l e i l ii iu le r t h is s ( 'c t i i ) i i . t h e n rck 'rs u f th e ^[State^i ( ! ( .V ( 'r u n ie i i l s h a ll l ie tiiia ] lo i' t h e p n r p n s e c l ’ d e c i d i n g > uch (p ie s t io n . d is j in t e o r d o n h t .

^ t t in g o r ” { ! ' T f a n y ] )e r s o n s its oi- v o t ( ‘ s a s a I 'n e iiiL er o f a s c h o o l h d a r d \Ahenvoting when he k n o w s t h a t lie is n o t ( [u a lit ie d o r t h a t h e is d is c ju a l ih e d i'oi' i iu nil.K r s h ipdiaqualiiied. 1 l ,e s tia ll n ] 'o n i t h e i i ig s o f o u m l l»y tV\<‘ C V ilh c t o r h e lia h h - in r e s p e c t

o t (M ch da\ ' o n w h ic h h e s o s i t s o r v n t ( 's t o a ] ) e n a l t y o f 50 rn p e f s to lier e e o v e r t 'd a s a n a r r e a r o f la n d r e v e iu ie .

{ 2 } T h e f lo l le t t o i s h a ll g i v e su e li -[le isori a re a s c jiia h le o j ip o r t u n i t y o t h e ii ig h e a r d a n d s h a ll r e c o i 'd iris i l e c i s io i i . a n d t l ie r e a s o n s t h e r e f o i ', iu N w iting .

>S] A l iy p e r s o n f o u n d l ia b le t o ] ia y a ] i e i ia l t y iiu d e i- t h is s e c t i o n m a y M 'ith in t l f t e e n d a y s o f s u c h d e c is i o n a p p e a l t o t lu ' S t a t e ( o i v e r n m e i i t a n d t lie dec i ­s io n o f t l ie 8 t a t ( ' (J o v e r n m e n t s h a ll h e h n a l . l

Disabilities g_ jm ,n ih e r s h a ll n o t V o te o r t a k e ] ia r t in a d is c u s s io n o n a n y m a t t e rofiiitoresi h e fo i 'e a m e e t in g o f a s c h o o l h o a r d in A\hich h e h a s d i r e c t l y o r i n d i i e c t l yin subject h y l i im s e l f o r h is p a r t n e r , a n y s h a r e o r in t e r e s t s u c h as is d e s c r i b e d iu clau tiematter. ( s e c t i o n 5 o r iu w h i c h h e is j i r o f e s s i o u a l l y in t e r e s t e d o n h e h .a lf o f

c l i e n t . p r i i ic i } » a l o r o t h e i ] )e r s o n . T h e v o t e s o g iv e n s h a l l n o t h e c o u n t e d .

m e m b 'r so f ^ [S t a t e l G o v e r n m e n t m a y o n its o w n m o t i o n o r o n t h e rc c o m m e n -school board ( la t io u s u p p o r t e d L y a r e s o lu t it i i i p a s s e d h y a t l e a s t t w o - t h i r d s I 'f th .e Avholefor mLscon- n u m b e r o f m e m b e r s o f — duct.

i i ) a s c h o o l l i o a r d , o r

( / n th e d i s t r i c t l o c a l b o a r d o r t h e a u t h o r is e d m u n i c i p a l i t y w l i ic h e l e c t e d t h e m e m b e i ,

r e m o v e a n y m e m b e r e l e c t e d , a p p o i i r t e d o r n o m i n a t e d o n t h e s c h o o l b o a i d , i f s u c h m e m b e r h a s b e e n g u i l t y o f m i s c o n d u c t iu th e d is c h a r g e o f h.is d u t ie s o r o f a n y d i s g r a c e f u l c o n d u c t o r h a s b e c o m e in c a p a b le o i p e r f o r m i n g Iiis d u t i e s a s a m e m b e r b y r e a s o n o f a n y p l i y s i c a l o r m e n t a l i n t i i m i t y ;

P r o v i d e d t h a t n o ] ie r s n u s h a ll b e s o r e m o v e d n o r s l ia l l a n y r e s o lu t i o n r e c o m m e n d in g t h e r e m o v a l o f a n y m e m l)e r b e ] ia s s e d u n le s s t h e m e m b e r t o w h o m i t r e la t e s h a s b e e n g iv e n a r e a s o n a b le o p ] ) 0 r t u ii .i t y o i sh oA v iiig (‘a u se

1 Thisi worct %vas snbHtitvitod for tTio word “ Provivioial ” b y thf- A d ap ta t ion o f La-n j; Otc'er,

1 950.2 Seotion 7-A w as insi’ rred b y B o m . 1? o f 1

Bombiiy PrimarV FdiiC(iri.>n Art. 19J7 (' 1947 : Bom. LXI

w i ly lie i j tiould lint bo rLUUavt'd or w l iy ^ueli veci i iui i ieiulal iui i s l iuu id nut b e u i ado .

*[9 A . -If a ny jit'r.sDii, wHi.i was a iiu‘.inbi.'r ; . f a srlioul ljuai’d, a n d w lu.i list'd resigiu 'd iii.s oJHcc as siicli iiU'inbci', has b e e n , al'ter due iiu|uir\', i'duud g u i l ty ibr miscon- uf m iscouduut in tlu- discharge o f liis tiiitic;?, or ot an y d isgracefu l CDudiict *'®a.s a m e m b e r , the Sta te (J f 'verum eut m a y b y iU' order iiotiiied in the as inej'nber *

^leciare him not^^ itlistandiiig the fact th at he h a d resigned ids Ol'tice as su ch memlj(>r to bo disqualified for b e in g e le c te d , a p p o in te d or n o n n n a te d a m e m b e r o f a ny school board fr o m such d a te a n d for such jieriod not e x c e e d ­ing live y ears as m a y be specilied in tiie order. T h e S ta te G o v e r n m e n t m a y at- ;iii.v t im e bj- like order r em o v e the disipialiiieation so iu ciu i ’ed

an y person.. T lu ’ decision o f the S ta te C b .ivem m ent uiuier this section sliall be iinal. J

1 0 . (i,i E v e r } ’ sch.ool bo;i,|-d shall idcct chaii ’maii ;uid a \ ic ( -c h a ir m a n Eleciicu of{i'um ajiiiirii^st th.i' membei's of the hoard. ohainnmi and vic('-

clui'.nua'.'.

' '.i ' A c h a ir m a n or a \ ice-clin,irinan sha.ll lie remo\ al>h' fr o m oiHce b\’ a i’es(dutioii, jtassed to th;i,t I'lYecl, [>i'o\ ided that at least tw o -t birds o f t h c tota l uumb'cr ol iiK'iubers o f the sch oo l 1r a.nl v o te in fa v ou r o f such resolution or whci'c tlie n u in lu r ot such, in c m b e is v o t in g in favour i.f such resoluti(ni is less t liau t w o-tU irds b u t more th a n ouediali o f tlu> to ta l nu m ber o f m e m b c r s o f th(‘ scb.iM)l boarth sa uction is a cco rd ed b y th.e “ [S ta te ] (.io\x>rnnient lor such i c m o v a l aiul ])i'o\ ided, turtlicr, that b e b .re , such, resobition is passed tJie clw .irm an or v ice cliairnian is g iv en ;i,t least two-w o ek s ’ notice o f sueh reso1uti(>ii a,nd a reasonable o])p orlu iiity o f sh ow in g cause \\liy such resolution. sJn)vdd not b e passed .

(3) Every chairman or \iee-ch.airman who, fora ooutiiuious period exceed­ing three months, <d.)sents lumself from the district Avithout leave ot the school board sball cease to be cliairma.n or vice-chairman.

{4) No leave shall be granted by tlie school boai'd urider sub-section (3) for a total period exceeduig six months cbuiiig the term <it the schuc.il b<jard

(aI AVhencver leave is granted to aviee-cliairmau uiidtr sub-sectiju {3,, a member shall be elected t(j be vicL-cliaijinan during th.e period o f sueh leave.

lOA. ( i ; Kotwithstaiidiug anything contained in this Act anti s a v e Authority in as otherwise provided in section 18A, in any district for which, a disti let local board has n.it been established, the poAsers and duties o f the district board where school board under tlvis Act shall be exercised and perloriiied by such authority as the -[State] Uoveriimeut may a])point. Tlie exercise o f such boMdV^”**' powers and the performance of such duties shall be in aecordaiice Avith such directi(..iiLs as th.e 2[State] Government may from time to time give.

( 2 ) T h e - [ S t a t e ] G o v e r n m e n t sliall m a in ta in such n u m b e r o f j^ 'iuiary schools in such distritd as it m:i.\' Irom t im e to t im e determ iiu '.

Replacement Series No XV—p. 1231947 : Born. LX I ] Bovibay Friniury Education Act, 19-17 2564A

1 iSeotion !i-A was insrrtc'd by lioin. '2') ul' l!)r)2. 4.2 This word was sal)sf i( utL-d tor 1 h*'w'uni ijiL-iu)" b> tliv Adai)Uitioii ufLaw b Older3 This »«outi<-Hi was iiiS'.rlud b\' Jiuiu. 10 ul 1‘JiU.

2564B Bombay Primary Ediicativii, Act, 1947 [ 194'? : Bom- LXI

{3) When & district local Luaid i« established for such distiici, tJic [>St;i.tuJ Government may by order direct that A\ith cfiect Iroiii such date as may be specified iu the t>rdei, iiereiuaiter in tliis section rclei'red lo as the saitl date,—

(ct) suchi^rimary schools with their lands, buildings, rccord.s and equi[!- ment as may be specifled hi tlie order shall vest in tlie district scliool board constituted for the district;

(b) such pi'imary school teachers and other peisoiis as m;iy be s^)ecilicd in the order, who were employed for the purposes of tlic prim;!,i-;\ scIkkiIs maintained by the ^[State] Government immediately before tlie said date, shall be taken over and employed by the said district schoul boaid on the same terms and conditions on whicii tliey were einphiyed imnk - diately before the said date or on such other terms and conditions, as the ^[State] Government may direct],

CH APTER i l l .

Pu wJiKS, D uties A ■D FuKCTioivb oi' D istkict School B oaiiu.s, A l 'i uoiuzeu Ml]^X(JiPALlTlJiS AND MuMCIPAL bCllOOL BOAKJDS.

A. Dialrict i>choul Boards.

Incorpora­tion o f district school boards.

11. Every district school board shall be a body coi'poiatc by the nam« o f ‘ 'The'D istrict School Boai d o f ........................and shall liave perpetualsuccossior, and a ct'mraon seal and may sue and be sued in its corpoi'atc name, and shall be competeut to acquire and liold jiroxjerty botli movable arxd immovable, whether within or witliout the limits >1 its ajea. to lease, sell or otherwise transfer any movable or immovable property A\hich may liave become vested in or been acquired by it, and to contract and do iill things necessary tor the purposes o f this Act.

Vestin o f Notwithstanding anything contained iu any law , ^[ou tlie dateproperty^in of the Coming into force ()f this Act (hereinaftei' iu tliis section reierred to and absorp - as “ the said date” )] all primary schools with their lands, buildings, recoi'ds by^r&lrict^ equipment and all other properties, movable or immovable, ■\\ hich wcieschool boards, vested ill, held by or were under the control ot [a district local board]

for the purposes oi primary education immetliotely before ^[tlie saieldate]shall, on ^[the said date] be vested in, held by or be under tlie cdiiH'cil ofthe district scliool board for the said purposes;

Provided that in the event of any question, dispute or tloubt arisuig as to whether any particular propei’ty shall so vest in or be held by <yr be under the control oi the district school board, the matter sliall lie rei'en-ed to the ^[State] Government, whose decision tliereon shall be hiial.

1 This w ord was substituted for the word “ P rov in cia l” b y the A daptation o f L a vs Order, 1950.

2 This portion was substituted for the words “ on tlio constitution o f a district sdioul board under section -1 ” b y Bom . 8 o f 1949, s. 3.

3 These words were substituted for the words “ tlie district local board” , ibid.4 T h e s e words were substituted for the word.? “ the dati- on which the sehoo) boartl was

con stitu ted ” ibid.5 Those words substituted for the words ” such dutc ” , ibid.

Replacement Series No. XV—p, 1241947 : Bom. LXI J Bovibay Frinuiry Edaailioii AcL, 1911 iJ5G4C

{ 2 , [_OiL t'iA: dilU 'J e-vef\ ( l i s l r ie l lucrtl b o a i ’ d s lia ll L ran sler a iu lcU b tr ic t se iiim l sliiiAl t a k e n v o i ’ a u d e i n p l n y riuch p v im a i ’\ b c lm o l tea cJ ie rsa n d ()t iu ;r p e is m is rus w e i'c c i i i p lu y i 'd l iy o r lu id e v th e d i j it r ic l lou a l 1)uai’d o n i l i t c ] lo r th e p u i 'p o s e s o l i)r iiiiiu -y c f lu c a t i o u . o n th e s a m e teriiie;a n d (u iiu lit ioiLs o u w li'n 'li sueli ie ;w lu 'i'r i o i ’ p e r s o n s w e re I 'ln p lo y e t l b y oi' t in d e r th e s a k l d is t r ie t l o c a l I jo a rtl.

{ o ' j T h e e x i s t i n g a n d l u t i u e r i g h t s , l i a b i l i t i e s , c h u i e s a . u d p o w e r s ( . f l l i c '

d i s t r i c t l o e a l b o ; u ' d i n r e s p e c t o l s u c h t e a c h e r s o v o t l i e i ' i i e r s o i i . s s o l a r a s

t l i c y a r e n o t i n c o n s i s t e n t . a\ i t l i t h e p r o v i s i o n s o f t h i s A c t o i ' t h e r u l e s o i '

i ' e g n l a t i , ) n s m a d e t l i e r e v i n d e r s h a l l v e s t i n a n d b e p e r f m m c d o r e . v e r e i s e t l

b y t h e s a i d d i s t r i c t s c h o o l b o a r d o n a n d a s f i ' o i u ^ [ t h e s a . i d d a t e j .

I n t h . e J v i i t c h a r e a o f t l i e S t a t e , t h e f o i ' ( g o i n g j ) i ( ! \ i s i i I ' s l i t h i s

s e c t i o n s h a l l h a \ e ell e c t s u b j e c t t o t l i c f o l l o A \ i n g m o d i t i c a i i o n s n a m e l y ; — ■( i ) i n s u l j ^ s e c t i o n i j j . f o r t h e w o r d s " o n t h e d a t e o i ’ t l i e c o m i n g i n t o

I ' o r e O o l t h i s . V e t ” t h e w o i ' d s " o n s u c h d a t e a s t h i ' S t a t e ( . i > v e r i i m e n t m ; ! . y .

l i y u o l i r i c a t i o i i i n t i i e ( J j j ' i c i d l G a z d h . s p e e i t y ” s h a l l b ( ‘ s u b s t i t u t e d ;

(it) al'tci' tht' Words "disti'ict local board' w!iei'('\'cr tiuy occur, the " i l l , as 'I'in' case may lie, tbt> State (^■overnmf'iu' shall be inserted.]

’ (5) (a) Tf on the date .sjiecified under .sub-section (/). a(.list riel school hoard lias not l)een eunstituted ii\ the district of Kuteli butlaluka |)anchayats and a district paneliayai liave liecn constituted in that district inider the (bijarat i ’auchayats Act, 1961, then all primary- schools with their lands, iniildings, records and ccpiipment and all other projjerties, u)ovabl(' (jr immo\able, \\'hich in the said district were vested in. lu'ld l)y or were under tlu control o f the Stati' GoveJ'iiment I'or the pur])oses of primary education immediately before tlie said date shall on the said date be vested in, held l)y or l)e tinder the control o f the said taluka panchayats or the district pauchayat, as the ease may be, in accordance with the distribution made in that bc'half by the State Govej'nment by an order undei‘ clause (b).

(b) For the purposes of clatise («), the State Government, having re­gard to tlie finictions and duties of a taluka panehayat and a district ]>an- chayat in the sphere of primary education under Scliedule II and Schedule 111 to the Gujarat Panchayats Act. 1961, may by an order in writing direct —

(i) that the primary schools with their land, buildings, records andequipment and all other properties, moveable or immovable \'esting in. it or held by it or under its control shall vest itr , be held by or be imder the control o f a taluka paiicha_yat or district pauchayat as may lie speciiied in the order; and

(ti) that such of the powers, functions and duties of a district school board under this xVct shall be exercised and performed by a taluka paii- cbayat or district paiicluiyat as may be speciiied in the order ;J13. [1] Subject to the provisions ol this Act and the rules made thei'e-

under, the district school board shall have control over all ap}>roved sclui(jls witliin the district and may grant aid to any approved school other than a primary school uuiintaitied by tlie ®[State] Government or l.)y a schod board or by an. authorized municiiJality.

Powers, duties an functions oi district school board.

1 These words were substituted for the words “ on a date c<it ifi< tt Ijy the- ProviiK ia l Goverijment11 this b e h a lf” , b y Bom . 8 o f 1940, s. 3.

2 These words were substituted for the words “ such dale ” , ibid.3 These words were substituted for the words “ date notitiod undv-r iuu {2)” , ibid,4 This sub-sectioii was inserted b y Guj. 13 o f 1963, s 5.5 This sub-seotioii was inserted by tiio Gujarat I’anohayata ( Adaptation o f tlio Bom bay

Prim ary Education A ct ) Order, 1963. s. 2 (J),6 This word wa.-i sub.^tilutoJ for the word ■‘ Provincial’ ' by Uie Adaptation o f Law^ Order, 1 <J5o.

{2j Subjeet tn the iti’iA'isiniifs of tliis Act :iii<l the rules iiinde th('i'(Miiulei', and so fav as its ]>riinai-y education l\m.d w ill :dlo^\', tlu‘ (list lict school li.iard shall the rolliiA\i;i duties and finictiaiis -

{<1 j ti> ])r()vid(' f o r 1 he wel f i i re of 1 lu c l i i l d r o n a t t e - ud i i i g ])rii ' iiai'y s choo l s :(bj to inaiiLtaiii an adeciiiate nunilier o f priniaiy scdiools;(c) to ]>rovid(‘ adequate acciiinniodatioii and e(iui]mieii1 foi' ]H-iiiiai'y

schools ■.( d ] t o i i i a i n t a i u a n a d e ( | i u i t e s t al l ' o f ,A s s i s t a n t A d i i i i i u s t i ' a t i v ( ‘ O l t i ce r s ,

S i i p e r v i s o i s , A t t e n d a n c e Ol t i ce r s , d e v i l s , t e a c h e i s , i n f e r i o r s e i ' v a n t s ;i,nd o t h e r s t atT ;is m a y iuth(> o ] i i n ion o f t h e ' [ S t a t e ] ( J o v e r n i n e n t I 'C nc ' ces sa ry ;

(fj to maintain an adequate uinither oi eugin(‘erii'ig stall' rc-quired f<ii' the constructit}!! ;md maintenance' of schools and other liuildings;

( f ) to determine, on the iceoinmendal ion ol the Administrative' Officer^ the distance mcHS\n'ed according to tlu' nearest I'oad )('t \•een an a-jiiii'oved school ;iiid t lie reside nee of a cb ild [\:v i|n\rposcs of cdatise {<’) ol sect i( lU :

if/) to determine \\itli the a]i])r(ival o f the Edm-ational lns])eeior, Mie hours of instiuetion a.nd the mimlier and (hiratiou of vaca-iions;

(h) to deteriiiiiu' the exact location o f primai'y scliools ;(i) to grant on the re(n)maiendii,tion o1 the Admiuistrat i ve Oflieei'exemp*

tiou from attending an a])i)i'oved seluud to a child v h o is receiving iusti'iur lion otherwise than in an ap])ro\('d selntol ;

(jj to sanction all tenders f(jr the su]>i)ly of forms, stati mery, furiiitnre or equipment ;

(k) to suggest the (jpening id' additional schools for tlie sanction of the. ^[Statel Government :

(h to reeommeiul to the Director such modiiications in the curriculum as may seem neeessarj’ to suit local requirem ents;

(m) to advise the "^[State] Government generally in lespeet o f ])rimary education within the district ;

(n) to carry ou propaganda foi- the expansion o f primary education;(o) to perform such other duties and iunctions as may be prescribed,

{3) The district school Ijoard shall from time to time with the sanction ot the Director make regulations not incemsistcnt -with the provisions of this Act and the rules nuxde thereunder for—

(?) laying down ttie daj’s, the time and the periods on eacdi day during wliicli a chihl shall be present for instruction at an ap])roved school ;

(/«■) dftermining the coustitutioir, poAvers and duties o f tlie taluka advisory committees;

(iii) the sup])ly of books, shUes, educational reqrrisites, milk, meals or clotlies to children o f any age receiving primary education, it ])i'ovision for such supply’ is made.14 . (1) Tlie district school boai d may, by a resolution ])assed by at least Relinquish-

two-thirds ot the whole number of members of the boiu'd, and with Consent (>f the District Liical Board, intimate to the "^[Statel Government

1 This word was -iub^^iitutcd foi’ iln‘ word “ Provincial ” i iy tlif' AdaptiUioii o f Law'< Ordcn 19t)0,

1947 : Bom. LXI ] Bomhr// Prnanry Educilinv Ac/, If/17 2:.o5

>Gr> Bnmhay Primary E'lncdthn Act, W n [1947 : Bom. LXI

i!tat it desires <o rcliuquisli its powers and duties excepting tl:o duties of advising and i,f r-arrying on i)!'!ipaganda Inr ilie (‘Xiiausiiiii o f pi'iniavv education,

[2] !f, on f('c.ei]it of snc li intimation, ilu‘ i[Stato] (iovc-i'ninenl. so dii'pct:-; all ]i(A\ei’s and duties of ihe distnet school hoai'd, otlicr iimn iliosc' so exce})t('d, slnirll li'oin such dat(> and f ii' sncli period as 1>e niitidt'd l)vtlu‘ ^[.Stalel ( )ov(‘ rnnient in this hehaif l)e exercised and ]iei foinned on belialf of tlic, ^[Stale] Covernment in tin-. i)resci’i1»cd manner.

(3i All primary s(diools with their lands, hnildings, rceoids and equip- meut and (ill otlu'r pro-jan'ties, m(>vahle or immovable, which A\ere vesting in, lielcl by oi- \rere under t,l>e 0 (<nti’ol o f t he distriet .school board iinmediatel \ bcf(.ii'e the di'de notilied by the ^[Sfate] Government, und.cr sub-^.sdion (2 j shall vest in, be ludd by or be under tlu; control o f tin' ^[Stiitc] Oo'vtn nmeut din'ing tlie |)eriod notihcd under tlu‘. said su1)-section.

Constitution 15. Tlu disti ict s(du)ol board muy by a resolnl ion rcn-opaniend to the ^'ovcv.iraonl t\\c cAtabl\s'.vu\e',\l of talukiv advisovy c.rmmittet's

oommittee. for all or any of the tabdias intlu^ district to advise it. in resjiect ol ])riniary e(hieation. On srudi i'ecomuieu(hition being acce))ted by the ^[8tate] (lovei'nment sin-h committee,s shall b( coristituted from a ihite to be notified by the ’•[State] Government in tlie Officinl Gnzdte. The constitution, powei's and duties o f the committees shallbe as laiddown in the regulations made by tlie district sc]n>oI board ;

Proviileil that the ^[iState] (iovcn'ument may on its own motion or on tlie recommendation ot tlu distrud school [joard suppoi'ted Ijy at' leafd two- thirds of the whole numl)er ()f m em bersof the board by’ an order dissolvc'd a taluka advis,)ry committee from a (bite to be notified in tlu> Off icial Gazette.

B . Anthi)rlz e d 3Iiniicij)fditi( s .

Authorized I®- ['‘ <‘'"de] Government may authoi'ize any municipalitymunioipali- constituted uinUn'the Bombay District Municipal Act, 1001, or under the m of 0*180* °o ejs' Bom bay Munici])al Boroughs Act, 1025, ^[or luuler any other corresponding o t c . , a n d h o l d lawd to Control all approved schools M'ithin its ai'ea. Xvii;ioHooal***' (2i Subject to tlie provisions otthis Act and of the rnh s arid regulations a u t h o r i t y ^ uiade thereunder, all e.Kistingaiulfutiu'e rights, liabil it ies, poi er.s and duties

' 'f m m iici])ality, which was a h)cal;iuthority under the Bouibay Primary Education Act, I023, immediately before the date ol the coming into force i 9_>3. ot tliis Act, in res])ect of pi imary school teachers and other persons employed bv it tor the purposes of ]irimary education shall <iii such date vest in and be performed or ('xereised by the said mun.ici]iidity as an authori7ed mrtnici]iality under this ,\et; ai\d all'i)ro])erties movable and immoveable, vesting in or held by or under tlie control o f sucli municijiality for the ])urposes of ]u imary education, shall from such date continue to vest in. be held by or be und('.r the control of the* s;i,id miinici]iality’- as siudi autln>rized m n nic i]iality.

1 Thi wont subsiHnt('(I foi' vbi' word “ Pi'ovinoiiil " hy tlif- iiiri nf La•v'■Order,

2 The.sc word? were iu“erW by Giijnmt 1 3 of 1%3, s. 6.

194? :Bom . LXI] Bombay rrim ary Educatmi A ct, 1947 2666-A

1«. {1} Su1),ieot to tile provisions C'f tliis Act and the J'liles made there-Duties^ andunder an authorized municipality sl'all perform tl-e following duties and functions namely ;— munioipuii-

[ii] t,> ni late pr.jvision f .r maintaining tlie existing primaryschools ro’iid < _ schools wlierever necessary aiid for grantingaiid to appro\..' .it;>er than primary soh.ools maintained by the-[St:i,teJ GovoL'nmoiit ■.■i- oy a school board or by an authorized municipality ;

(b) to provide adecpiatc accommodation and equipment for primary schools ;

(c) to maintain an adequate staff o f Assistant Administrative Officers, Supervisors, Atteiul;Miee Oliicers, clerks, teacliejs, inferior servants and other staft' as may in {'lO opinion oi tlic ^[State] Go.vernment be necessary;

(d) to m;>Jco a;leqn;U ij provision lor facilities tor the f.' ee primary educa­tion o f all oUih'je". to \'l!,om a sclieme o f compulsion applies ;

{(i) to sanction v/it'i or without variation the budget o f the municipal school board.;

( /) to perform such otheT duties and functions as may be prescribed- 1 This word was substituted for the word “ Provm cial” by the Adaptation o f Law Order, 1950.

(Bk) H-34— 4

Replacainent Series No. VII—p. ’?'?1947 : Bom. LXI ] B o mbay Fritnary Education Act, 1947 2563

(2) The authorized municipahty may, subject to the provisions o f this Act and the rules made thereunder, also make provision tor the welfare o f the children attending primary sch.ools within its area.

(3) The authorized muuicipality shall, subject to the sanction o f the [State] Government, mako regulations—

(i) detormiidug the qualiilcatiuns, pay and terms o f employment ot the Assistaii,t xVdmiiustrative OfUcers, Supervisors, Attendance OfSEicers, clerks, inferior servants and other staff ;

{iij regulating the administration, management and control o f primary schools;

(iii) determining thx qualiiicatioiis, pay and terms o f employment o f the Administrative Ollicer appointed by it under section 22;

(ivj for the supply o f b o o k , slato, educational requisites, milk,; meals or clothes to children receiving primary education, if provision o f such supply is made.

C. Municipal School Boards.

18, (1) Subject to the provisions o f thiij A ct and the rules made th ere-Powers,under, the municipal scliool briard sliall be responsible for the management fungtions^of and control o f all primary scli.ools A\ ldeh vest in the authorised municipality municipal and for the control of all other jipp vivcd schools within the area o f the autho- rized municipality excei>ting sue!', as are maintained by the 1 [ State ] Govern- meirt, and the boarel shall exorcise such pow’ers and perform such duties and functions o f the authorized municipality in respect o f primary education as may be prescribed.

(2) Subject to the provisions o f this A ct and the rules made thereunder, a municipal school board shall perform the following duties and functions, namely —

(а) to prepare schemes to be submitted by the authorized municipality to the State ] Government for expansion o f primary education and to carry out the provisions o f such scheme ;

(б ) to disburse monies from the primary education fund in accordance w ith the budget sanctioned by the authorized municipality 5

(c) to perform the duties and functions specified in clauses ( /) to (j) and {I) and {n) o f sub-section (2) o f section 13 j

(d) to perform such other duties and functions as may be prescribed.

(3) JThe municipal school board shall, with the sanction o f 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.

1 Thia word was substituted for the word “ Provincial ” b y the Adaptation o f Laws Order, 1950.

SfC8i[ D. Merged Areas, ]

Vosting of H 18-A. { Z) In any area a d m iA is t e r e d by v i r t u e of an order m a d e b y t h e property and Govcruor General under section 290A of the Government o f India Act, 1935,

i n s c h o o l s witli their lands, buildings, records and equipment and merged area, all otlier j)rox3erties moveable or immoveable, which were vested in, held by 20

or under the control of. Government or a local authority in such area, for^j^” "’ tiie puri)oses, o f primary education, immediately before the date on which sucli order was made, hereinafter in tiiis section reieiTed to as the said date, shall with effect from the said date, if such area has furmed part o f 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 inot]:er cases, the [ State ] Government,

(2) During the period the properties so vest in or are held by or are under the Control of the 2[ State ] Government in any area under sub-section (1), it shall be lawful for the 2[ State ] Government or such authority as it may appoint in this behalf to exercise in such area all tlie powers and perform all the duties o f 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 J Government in the Official Gazette, vest in, be held by or be under the control of, the district sch jolbcard constituted fcr the disti-ict in which such area is situated or such authorised municipality as the 2[ State ] Government may specify in the notification.

(4) The district school board or the authorized municipality or the 2[State] Government, as the case may be, shall take over and em ploy such primary school teachers and other persons as were employed b j' 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 oir which such teachers or persons were employed immediately before the relevant date or on such terms and conditions as the 2 [ state ] Government may direct.

{6) In the event o f any question, dispute or doubt arising as to whether any particular property shall so vest in or be held by or be under tlie control of the district school board, the authorised municipality or the 2[ State ] Government or any j>articular staff shall be so taken over and emx^loyed by any of them or any terms and conditions on which such staff shall be taken over and em^Dloyed, the matter shall be referred to the, 2[State ] Government whose decision thereon shall be final.

Bombay Primary Education Act, 1047 [ 1947 ; Bom, LXI

1 This heading and section 18-A -were inserted b j ' Bom . 46 o f 1949, s. 6. his word was substituted for tho w ord “ Provincial ” by the Adaptation o f Laws Order,

Replacement Series No. XVII—p. 781947 : Boir*. LXI] Bombay Primary Education Act, 1947 2568

CH APTER IV

N o n - A u t h o r i z e d M u n i c i p a l i t i e s .

19. ( i) Subject to the provision ol this A ct and o f the rules made there- Exercise ofunder all properties moveable and immoveable vesting in, held by or mider g’the control o f any noii-authorized municipality for the purpose oi primary of property education shall vest in, be held by or be under the conti'ol of the district school board ot the district in which it is aituated or such autliurized municipality authorised as the 1 [State] Government may specify with the consent of the authorized munioipali- municii)ality; and all existing and future riglits, liabilities, powers and duties o f auy such non-authorized miuiicixHxIity in respect oi primarj" scliool teachers and other persons employed by it for such purposes shall vest in and be per­formed or exercised under this Act and all apx>roved schools within tlie area of such non-authorized municipality ahall be conti oiled by tlie said distirct school board or the authorized municipality, as the case may bo,

(2) The 1 [State] Government may, at any time by an order published in the Official Gazette together with the reasons theretore, direct tiiat any aathorizecl municipality shall, with effect irom a date specified in this behalf cease to be an autJiorized municipality ; and witli effect from such date the sai l municipality shall be a non-authovizeu niun.icipalitj . The provisions o f sub-sectiori < 1) shall thereupon ajjply in tlic case (jf such municipality.

1 This word was substituted for the word “ Provincial” by the A daptation o f Laws Order, 1950.

(5) I f Ojiiy iion-autliui'iaed muuicipioiity is at any time authorised by theState ] Gv>vornmo;it to control ;’J1 approved sch-ools within its area, the

said municipality sli.Jl tLoreafter 1/t; ;ui authorized municipality. Thereupon all properties moveahlu or iiurnovalde ves-,';i.-.g in, held by or under the control o f a district school bui’oi'd or an ;'/ath jiizoJ municipality for the purposes o f primary 0 ducat i ,jx in tsu. Ii iv/ea shall vest in, be held by or be under the control o f suchiirst ment; )ne;l musiici i.vlity; and all existing and future rights, liabi­lities, ])..)wers an'I da' Ics isi ..if primary sen )ol teachers and otherpersons ompl ;o I by siicli disu.’ic'.. sv 'u rl boiord or authorized municipalityfor the pu 'p : ;o-s ;t ,n in such area sliall also vest in and beperformed u- excvciso;i by the s J-! lir ;t )u:.mu.-ned niuiuoipality.

Replacement Series No. X I I—p 9?1947 : Bom. LSI] " 25 68-A

CH APTER V

A i) M IN[S'l'Jl '■ !'! VE 51 \ C i l lN E R Y .

30. ( i) E voiy district .sclin.il b ;ar l Avitli the approval ot the ^fState]Government and every anOi -vlz. d !» r,u--ipality shall maintain an adequate bo^rd staif ol Assistant Admi iistrative Oiliri''s. Supervisors, Attendance Oihcers, authorized clerks, primary sclu)ol teachers and inforim' servants and other staff (includ- ing engineering staff ) as may in the opinion o f the J-[ State ] Government adequate be necessary for the administration, management and control ot approved P“y» schools within its area l[or for enabling a Primary Schools Panchayat con- stituted under section 36B to discharge its functions under this Act. ]

(2) The staff maintained under sub-section { ! ) shall be servants o f the district school board or o f the authorized municipality as the case may be, andshallreceivetheir pay, allowances, 9* * 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 46A and the primary school teachers maintained b y an authorised Municipa­lity shall receive their provident fund from the primary education fund. ]

^ [ {2A ) The rates o f subscripitions and contributions and other conditions o f the provident fund cstablislied by the ^State] Government under section 46A for the members o f the staff maintained by the district school boards ff* * * shall be such as may be prescribed. ]

(3) The rates o: the pay and allowances and terms o f em ployment in respect of ’ [all the members o f the staff maintained by a district school board and o f the primary school teachers maintained by an authorised municipality] shall be as fixed from time to time by the State ] Government.

(d) The 1 [State] Government may from time to time iDrescribe the duties to bo performed by the staff maintained under sub-section (2).

1 This word was substitutedfor the word “ Pi'ovinoial” by the Adaptation ofL aw s Order, 1950.2 These words, fi ■ m.d let.tfu were addod b y Bom , 07 o f 19,54, ,s, 2.3 The words “ provident fu n d ” %vero deleted b y Bom . 46 o f ID.jl, s. 2 (J).4 This portion was adtli d b y Bom . 33 o f 1943, s. 2 (i).5 This sub-section was insertod b y Bom . 4(1 o f 1951, s. 2 (3).6 TliB woi-ds “ and fur the pvimfu-y seiiooj tcachevs m uiiitaired b y authorisedm unioipalities”

were deleted b y Bom . 33 o f 1953 s. 2(n).7 These woriis wei'O substitutod for th i'w ords, brackets, figxires and letter, “ the stafi and

t-eaohera referred to in aub-sootion. {2A ) ” ibid.. 3.2 (iii).

2568B Bombay Primary Education Act, 194f [1&4’? : Bom. LXI

Adm inis­trativeOfficer.

21. ( i) 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 b j’ and shall be a servant o f tl:_e State ] Government. He shall draw his jjay and allowances from the l[ S ta te] revenues.

Delegation o f power lo appoint Adm inistra­tive OiBoer to certain authorized m unicipali­ties.

22. (i) Notwithstanding the provisions o f section 21, the ^[State ]Goverament may by notiiication in the Official Gazette, delegate the x^owei- to aj)poiut i'jU Adniii\istrative Officer to an authorized municipality which is a municipiility constituted under the Bombay Municipal B(jrouglis A ct, Uom. 1925, 2[ yy that Act as adapted and applied to the Sauraslitra area o f tlie XVIH State 1 and tlie annual exxiemliture of which on primary education is m)t less than Ks. 1,00,000 for three iinancial years immediately precetUng the date o f the notificatioii. The Administrative Officer so appointed shall be the eerviivxt (<i tlie authurized municii^ality and shall draw his pay, allowances, provident fimd, gratuity and pensioir from its primary education fund.

OI i ‘)2.:

1 This w ord was substituted for the Word “ P rovineia l'’by the Adaptation o f J^aws Order, 1950.2 These words were inserted by G uj. 13 o f 1963, s. 7.

12) The appointment of such Admhiistrative Officer shall be made after inviting and considering the suggestions, if any, ot the municipal school board and with the approval of State ] Government. No .such officer shall, save with the previous sanction of the 1 [State] Government, be removed from his office, reduced cr suspended except by a resolution passed by at least two-thirds o f the whole iiumbei of couneillois of the authoiized municipality.

^3) The qualifications, pay, allowances and terms o f employment of such Administi ative Officer shall be hi accordance with the regulations fram ed b 3’- the authorized municipality with the sanction of the *[ State ] Government.

23. (1) There shall be a staff selection committee foi every ^[authorised Staff municipality and tor every district within the jurisdiction of a district pane hay at ].

(2) The staff selection committee shall consist o f the ^[ Educational Ins­pector of the district] oi any othei officer designated by the Director, ^[the Chairman of the municipal school board in the case ot an authorised m unici­pality and the Chairman of the Educatioir Committee of a d istiict panehayat in the case o f a district within the jm iadiotion of such panchayat ] and the Adm inist ative Officer.

(3) The Administrative Officer shall act as Secretary of the staff selection committee.

(4) The committee shall select candidates for appointment as Assistant Adm inistrative Officers, Supervisois, Attendance Officers and teachers; and in the case of district school boards, also members o f the other staff excluding inferior servants. The Committee shall also select teachers to be deputed for training. The selection o f candidates and teachers shall be made in accordance with the instructions issued, by the [ State ] Government.

(5) The school board or the authorized 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 com m ittee.

24. (1) The Administrative Officer shall have power, subject to such Powers of general instructions as may be issued from time to time by the Director, to officers prom ote transfer and take all disciplinary action ( including removal or dis- over school missal ) against the staff maintained under section 20.

(2) Any person aggrieved by an order of dismissal, removal, leduct-'on or any other order 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 o f the district ]. The tribunal shall follow the prescribed procedure for the disposal of its business. In the event o f a diff erence o f c pinion between the members of the tribunal the appeal shall

1 This w o id was substitutod for the word “ Provincial” by tbe Adaptation o f Laws Order 1950.

2 These words were substituted for the words “ D istiict school board or authorised m unici­pality” b y the Gujarat PaiKjliayats (Adaptation o f the Bom bay Primary Education A ct) Order,1963.

3 These words were substituted for the words “ Educational Inspector o f the division ” by B om . 2 o f 1955, S. 3, Second Scliedule.

4 These words were sub'-tii uted for the words “ The Chairman o f the school board ” b y the Gujarat Panohayats (A daptation o f the Bom bay Primai-y Education A c t ) Order, 1963.

(Bk) H-34— 5

Replacement Series No. XXX—p. 731947 : Bom. LXl] Bombay Primary Education Act, 1947 2669

be refen ed to the Director whose decision 1[ subject to the provisions of this section ] 2[shall be final] :

Provided that in the case of a district within the jurisdiction o f a district panchayat the tribunal shall consist o f the Chairman o f the Education Committee o f district panchayat and the Ediicational Inspector ot the district : ]

^[Provided further th a t] a piim aiy schoolteacher who is a guaranteed teacher on the date o f the coming into force c f this Act, may make a further appeal to the State ] Government against any order ol removal or dismissal. Explanaiion.— A guaranteed teacher means a primary school teacher who was holding a permanent appointment as such teachei on 30th June 1923.

(3) An appeal under sub-section 12] shall be made within 30 days ®[from the date on which the order appealed against was communicated to the aggrieved person. ]%(4) Notvvithstanding anything contained in this section, the State Govern­

ment may call for and examine the lecoi d o f any order made by the Adminis­trative Officer under sub-section (1) ' [ or o f any order made in appeal by the

or Divectot wttdw s\\b-8efcti')U(2^,]inv<'lving disciplinai y action against the staff, maintained under seetivin 20, foi the puipose o f satisfying itself as to the correctness or propriety o f the punishment awarded under the said order and if after causing such inquiry to be made as it deems fit the State Government is o f opinion that the said order should be modified, annulled or reversed,the State Govei nment may pass such order thereon as it deems fit i

Provided that no such order shall be made by the State Government in revision to the prejudice o f any person unless such person has had an (.pportUiiity v»f beinr heard in his defence ]

C H APTER V IP r e p a r a t i o n a n d E n f o r c e m e n t o f t h e S c h e m e s o f C o m p u l s i o n .

Preparationof sohem-3 25. It shall be the duty of the Administrative Officer o f a district school bo­

ard to prepare in accordance with the directions received frcm the Director in this behalf a scheme to provide conipirlsory primary education in such area and for children o f such ages and up to such standard arid 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 preparedby him and shall submit it together with such comments and suggestions if any, to the Director Avho shall for ward it to the State] Government with his remarks.

o f sohern ” authoi ized mrniicipality may by a resolution declare its inten -b y autho f ion to prOvide compulsoi y primai y education in the whole oi any part o f itsrized muni- area in the case o f children o f such ages and up to such standard as the m uni­cipality. cipality may decide and shall submit its proposals to the State ] G overn­

ment through the Director in the form o f a scheme.1 These words were inserted by Bom . 50 o f 1958, s. 2(a).2 These words and provi.so were substituted f('r the words “ shall be final ” b y the

Gujarat Panchayats ( Adaptation o f the B om bay Prim ary Education Act ) Order, 1963.3 These words were substituted for the words “ Provided that”4 This wi.'rd was substitvited for t)ie woi'd “ Proviiioial” by the Adaptation o f Laws Order,

1950.5 These w oids were substituted for thi* original b y Bom . 26 o f 1954, s. 3.6 Sub-section (4) was added b j ' Bom. 25 o f 1952, s. .5.7 Tliese words, brafket and figure were inserted b y Bom . 50 o f 1958, s. 2 ih).

2570 Bombay Primary Education Act, 1947 [1047 : Bom LXI

12} All authorized municipality, if called upou by the State J Govern­ment s.j to do, shall within a time to be specihed by the State ] Govern­ment submit to the Dii eotoi' a scheme to piovide compul&oi y primary educa­tion in such aiea and in the case oi chikhen of such ages and up to such standard and within such period as the State ] Government may specify.

27. The scheme submitted under the two pi’eceding sections shall be in particular the form presci ibed arid shall contain the following particulars :— cou-

ia) area of compulsion ; schcnl'.''ih) the census oi children oi 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 prc.posed to be

opened classilied by languages in which instruction is given or is propos­ed to be given ;

(cZ j a schedule o f existing and proposed staff oi Assistant Administrative Officers, Supervisois, Attendance Officers, clerks, teachers and inferior servants 5

Replacement Series No. XX—p. 741947 : Bom. LXIJ Bombay Primary Education Act, 1917 2570/1

1 This Word WHS substituted for theword “ Provincial” In 'the Adaptation for LSw:-? Orde 1950.

(e) the recuriii)g and nor -iecurring cost oi the schcme and in the caseoi a scheme subm itted by an anth irised miinicipality tlie lesoluticn of the municipality agioeing to bear its shaio ot the additional rtciuiing and non-recuii'ing cost ;

(/) if there is a non-authoiized municipality within the area of c jm- pulsion, the amount ot annual contiibution, which the muiiicipality accGiding to the order issued by the ^[State] Goveinmerxt undfi sub­section (2) o f section 41 shall make.

28. (1) The i[Stato] Government may after such inquiry as may be Sanction o f necfcssaiy sanction with or without modifications the soh*eme submittedundiT section 25 or 26 . The schemb ssnctioneo shall come into effect from to scheme, such date as may be notified by the ^[8tate] Goveiam eiit ii' the Official Gazctt'.

(2) Every scheme of Compulsion sanctioned under the Bombay Primary •f Eancatiovi Act, \o\ ■andbrtlaeSauTas.htval’Tlmavy EdvxaUv.v. A;;t,

1»2>, and which is in force immediately bef<;i e the coming into force of this Act ®[in the relevant area] shall be deemed to be a scheme sanctioned under this Act.

29. A sanctioned scheme may with the sanction o f tJie ^[State] Govern- M odification ment be withdrawn or from time to time modified by an auth .ii ized miinici-pality, or may by an older published with the reasons foi making i t in the schemes Official Gazette be modified, cancelled oi temporarily suspended by the i[State] Government.

30. (1) The l[State] Government by notification in the Official Gazette Towei to exem pt children of either sex of any particular class or com m unity inarea of ccmpulsion or part thereof from the opeiation o f this Act. particular

classes.

31. W hen a scheme has been sanctioned no fee shall be charged v.ithin no fees to be the area o f compiilsion in any school maintained by the distiict school board charged in or the authorized municipality, as the case may be, in respect of any childfor the standards included in the scheme.

1 This w ord was substituted for the w ord “ Provincial” b y the Adaptation o f Laws Order,1950.

2 These words and figures were inserted b y Guj. 13 o f 1963, 8. 8 (i).3 These words were inserted, t6td, s. 8 (ii).

Replacement Series No. VII—p. 821947 : Bom. LXI] Bombay Prim aiy Educciiiuii. Act, 1947 2570A

32. In erery arta c f compulsion, the parent of evtry child ti, whom a scheme applies shall in the absence of a leasonablt excust as hertinafter provided and if such parent and child ordinaiily reside in such au-a cause ciiikhon ,‘,uch child to attend an appr >ved school in such area. IchooV"'^

, 33. A parent shall be dceracd to hart a reasonable excuse fr,ito cause a child to atteiid an appioved shool in any of the following cases; — Vxcu e.

(a) wheie the child ii prevented fiom attending school by .sickness, infiiniity or other unavjidable cause;

[h] where the child is receiving, otherwise than in an approved school, instruction which in the opinion o f the school board is efficient or has received fiom tlie school board a certificate c f having already com plcti d his prim aiy education up to the standard inchrded in tlie scheme;

(?) where there is no approved schf)ol within the distance fixed by tlie gehool board undei section 13 or 18, as the case may be ;

id) wheie af'tei due application, entrance to an appioved school his Iciecn refused to the child and tfieie is no other approved school to which ht, 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 Adm ini­strative Officer that the child can be admitted;

(«) wheie tlioie is no approved school in the locality ij) which instruc­tion is given in the language spoken by the child;

( /) w'here theie is no approved scli )ol in the locality to w hich the paient e.an send the child without exposing him to religious instruction to which the parent objects.

34. (1) W heio the school beard is satisfied that the paient o f any child who is bound undei the provisions o f section 32 to cause such child to attend ordej. an appioved school, has failed to do so, the bchool board alter giving the parent an opportunity of being heaid and after such inquiry as it considers necessary may make an older dheoting the parent tc cause such child to attend an approved school on and from a date v, hich shall be specified in the ordei.

(2) Thispowei may be delegated by the school beard to any of its m tm btrs or to the Adm inistiative OfRcti or othei officer of the school board.

(3) Any parent aggrieved by an ordei made undei sub-section (I) may, within thirty days from the date o f such order, appeal to the ‘■[Educational Xnopector o f the district] who may confijm or lescind the order as he deems fit.

•[35. (J) I f an oraei with reference to a child has been made under P enalty forsub-se,.tion (I) o f section 34 against any parent and if such parent fails to com ply with the provisions o f section 32 with respect to such child on orto^^ttend after the date specified in such order, unless such ordei is rescinded in a n approved appeal made under sub-section f3) of the said section 34, srch parent .-jliall, on conviction, be punished with fine not exceeding two rupees; ana in case

1 These words were substituted for th® words ‘ ‘Educational Inspector o f the division” by Bern. 2 o f 1935, s. 3, Second Schedule.

2 Section 35 WM evibstituted for th» original b y B om . 28 o f 1952, e.6.

Replacement Series No. XII— p. S81947 :Bom . L X I ] Bomhay Primary Education Act, 1947 2.>71

2572 Bojnhay Primary Education Act, 1947 11947 : Bom. LXI

such failure coHtinues after suth conviction, he shall also be punished with a fine of tight annas foi every day on which the failure ccntiuuts or ia repeated.

(2) No court shall take cognizance of an offence under sub-section (1) except on ^[a complaint piesented in person or sent by registered post] by the Administrative Officer or any other cfficei authorised by him in this behalf,]

Penalty for Whoever knowingly takes into his employment, either on hisem ploying own bclialf or on Dehalt of any person, any child in respect o f whom thechild to picvisions oi section 32 apply, so as to interfere with tlie education or ins­

truction of such child shall, on conviction, be liable to a fine net exceeding t^vea1y-five lupees.

(2) No coutt shall take cognisance o f an offence undti this section except on j[a complaint pieserrted in person or sent bv legistered post by] the Admiuistiativt Officer or any other officer authoriztd bj him m this behalf, and befoie making ccmpUuut under this stctiou against any person tlie Administrative Officer or such officer shall unless such person has been previ;)usly coirvicted under sub-section (2) cause a warning to be givtn to such person.

whom scheme applies.

Courtssom petent to try offences under sections 35 and 36.

Constitution o f Prim ary Schools P a n ch a y a t; its powers andprocedure.

®[36A. For the purpose of taking cognizance o f an offence under sub­section (i)o fsection 3.5 against a parent or against a per son under sub-sectionil) of section 36—

(1) if such parent or person resides in a town or village where a judicial Magistrate liolds his court, the court o f such Magistrate

(2) if such parent or person resides within the limits o f the jurisdiction of a nyava x>anchayat which has been empowered to take cognizance o f and try such offence under sub-section (2) o f sectijn 37 read with clause (/) of section 41 o f the Bom bay Village Panchayats Act, 1933, isuch nyaya panchayat, and

(3) if such parent or person resides elsewhere, the Primary Schools Bom. Panchayat constituted under section 36B within the limits o f the juris- diction o f which such parent or person lesides,

shall.be the court competent to take cognisance o f such offen -'e.-SiSB. ( i) The State G-overnment may by notification in the

Gazett' constitute a P iim ary Schools Panchayat for the trial of offences punishable under sections 35 and 36 in the areas referred to in clause (3> of secti(jn 36A.

(2} The primary Schools Panchayat constituted under sub-section(i) shall consist of three members appointed by the State Government one o f whom shall be the Chairman. Tne qualifications of the members shall be such as may be prescribed. The members so appoiirted shall hold office during the pleasure o f the State Government.

{3) Two members shall form a quorum for the disposal o f the business o f the Primary Schools Panchayats.

1 Thc:-'e wfii'ds were substituted for the words “ the complaint filed” by Boir:.67 o f 1954, s.3.2 Those words were substituted for the words “ the com plaint o i ” b y B om .67 o f 1954 s. 34.3 Sections 30A to 36D were inserted, ibid, s. 5.

(4) Any vacancy o f the member o f the Primary Schools Panchayat shall be filled in as early as practicable :

Provided that during any such vacancy the continaing members may act as if no vacancy had occurred.

(5) The Primary Schools Panchayat shall, except as otherwise provided in this Act, in rcspeot o f cases relating to an offence punishable under section 35 or section 36, have the same powers and shall follow the same procedure as is followed by a nyaya panchayat in respect of such offence under Chapters

B om . VI, V II and V III o f the Bom bay Village Panchayats A ct, 1933, and the provisions o f the said Chapters shall mutatis mutandis apply in respect o f

■ such cases. The court of the judicial Magistrate taking cogirizance o f such y offence shall try the case summarily in the manner provided hi section 263 898. of the Code o f Criminal Procedure, 1898.

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(Bk)

36C. Where the parent o f a child has failed to cause such child to attend Certificate o f the approved school in pursuance o f a direction given the school board rlf ed' under sub-section (i) o f section 34, the Head Master o f such school shall sohoo TcTbe issue a certificate to the effect that such parent has failed to cause the child conclusive to attend the approved school in compliance with such direction and such ^certificate shall, until the contrary is x^roved, be presumed to be conclusive failure to evidence of such failure in a prosecution against the parent under section 35. 32 *

36D. E very piosecution under section 35 or 36 pending before a n y Saving o f Court in any arta on the date on which a Primary Schools Panchayat is proceedings, constituted for such area un.der section 36B and all proceedings arising from , and incidental to, any such pi-osecution shall be tried, heard, and determined bj such Coiu’t or any other Court having jurisdiction to try, hear and determine the same, as if no such Primary Schools Paiichayat had been constituted for such area.]

X L Vof ' [37. Every Adm nistrative Officer shall be deemed to be a public servaiit Administra-1860. the meaning o f section 21 o f the Indian Peual C o d e .] tive Officer

■“ to be publicBervant.

llejiaeement Series No. XIII—p. 991947 : Bom. LXI J Bombay Primary Education Act, 194f 2672-A

CHAPTER V II

ApfBoVED S c h o o l s

38. The subject, curricula, books and standards of teaching of approve* Subjects,schools shall be such as may from time to time be specified by the * [State!Government. approved

schools.

39. (i) Every primary school, other than a primary school maintained R ecognitionby the *[State] Government or by a school board or by an authorized muni- o f and grants cipality, which fulfils the conditions prescribed in this behalf shall be g c h o o ls u n to entitled to recognition as an approved school. private

m anagement(2) Such recognition shall be given by the school board or by the ^[State]

Government or by an ofExcbr authorized by it in this behalf; and the manner in which giant-in-aid is to be given to such approved school shall be as prescribed.

40. (1) Every approved school shall be open during the school hours Inspection ofto inspection by the inspecting officers of the *[State] Government for the approvoed purpose, in particular of ascertaining— retons’.

(а) whether instruction is given in accordance with the provisions of section 38 ;

(б) whether the provisions of this Act for the compulsory attendance of children are being carried out ;

1 This section was substituted for the original b y B om . 36 o f 1949, s. 8.2 This word was substituted for the word “ Provincial” by the Adaptation of Laws Order,

1960.

(c) whether the health o f the school children is satisfactory ;(d) whether the instruction given is not o f a pernicious nature ;(e) whether the registers and records are being maintained as

required, b y the D irector.

(2) The Adm inistrative Officer and the manager o f an approved school shall furnish such returjis and sujiply such niform ation as the Direct jr may from time to time require, anel shii,ll give reasonable facilities to officers appointed under sub-section ( i ) o f section 48 and to any officer specially deputed under tliis sub-section by the Director in the discharge o f their duties.

2572-B Bombay Primary Education Act, 1947 [1947 ; Bjm - LXI

C H A PTE R V III

F in a n c ia l R e_lation s T;iiTWL;.iiN tuk G o y e k n m e n t an d

L ooa l B o d ie s .

41. ( i ) Evei'y Jiati ict l.ical buarcl siiali pay over annually to the district Payment^^school board fur the 13U1 poses of pvimary education such portion o f its1 icome from Its revenue described in clauses (b ) and (c ) of section 7 5 of local board

B om . Bom bay L )cal Boards Act, 1923, as the ^[State] Government may from\'l tt anie to time hx in this behalf. muuicipaUty192?.

(2) Every non autiiurized municipality shall pajr over annually to thedistrict school buard or the authorized muuicij)ality, as the case maybe, for the purposes o f primary education such proportion o f the rateable value o f pj'opcrtics in the area of the municipality as maj^ from time to time be fixed in this behalf by the ^[StatcJ Government and the income accruing from any funds (iucludiug trubt funds) held, and all moneys received by it for the said purposes.

4,8. ^[(I) Wliei'e a sclieme submitted by au authorised municipality is sanctioiaed under section 28, the State Government shall bear the addi- GovemmLt. tionalrecurring and non-recurring annual cost o f the scheme as estimated by the m unicipality to the following extent, namely ;—

(а) sixty per cent, o f the cost, if the population o f the authorised municipality is less than fifty thousand, and

(б) h fty per cent, of the cost, in any other case :Provided that where such scheme is sanctioned after the commence­

ment of the Bom bay Primary Education ( Gujarat Am endm ent ) A ct,1963, the extent of tlie cost to be borne by the State Government shall,

1963 for the tirst year of the scheme, be eighty per cent, in the case of a municipality to which clause («) applies and seventy-five per cent, in the case of a municipality to which clause (6) applies and for the next three years, it shall be gradually reduced to the amount permissible under clause (a) or clause (6), as the case may be, by 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 shall affect the claim of any authorized

municipality to any annual grant which is at the tim e this A ct comes into force is being paid to it as a local authority under the B om bay Primary Education A ct, 1923, by the ^[State] Government for the purposes of

1923. primary education :Provided that, if the ^[State] Government considers that the primary

education fund of any authorized muncipality has been or is about to be misused or misapplied, it may call upon such authorized municipality for

This w oid was substituted for the w ord “ Provincial ” b y the Adaptation o f Laws Order, 1950.

2 This sub-section wan substituted for the original by G uj. 42 o f 1963, s ., 2,

Replacement Series No. XIII—p. 1061947 : Bom. LXI ] Bombay Primary Education Act, 1947 2573

2574 Bonihay Frimary Education Act, 1947 [1947 : Bom.

uu explanatiuu uf such misuse or misapplication ; and if not satisfied witli the explanation given may make such reduction in the grants payable ho such authorized municiijality as it may deem proper.

(oj The '[State] Government shall pay to a district school board agrant equivalent to the amount by wi.ich expenditure in accordance with the budget saixctioiied uiidor tlie next fullowing section exceeds the receipts ;eferreJ to in clauses {b} to {d'j and {g} of sub-section {2) of section 44.

District 43. The budget o f the district school board shallin the prescribed mannerb u d framed auu submitted to the ^[Stute] (ioveinm ent and the ^[State]

Government may sanction it with such modifications as it may deem hi to make therein.

Priitsary 44. [1] A fund called the primary education fund sliall be maintainedby every district school b ja rd and by every authorized municipality.

{2) The following shall form part of, or be paid into, the primary education fund ; —

(a) the loalauce o£ the p iim aiy cducatioii fund muntaiiied uudei sCv.- tion 8A o f tlie Bom bay Primary Education Act, 1923. [or section 37 iv o fo f the Saurashtra Primary Eduation Act, 195(5, as the case 1923.

, *' Sau-may bej,{b} the contributloiis payable by non-authorized municipalities under

sub-section {2) o f section 41;(c) fees and lines received in respect o f primary schools maintained by

the school board or the authorized municipality, as the case may be ;{d) iir the ease of a district school board, such portion o f the income o f

the district local board as the ^[State] Government may fix under sub­section ( i j o f section 41;

(e) in the case o f an authorized municipality, the grant paid or payable by the authorized municipality on account o f primary education ;

(/j the grant x aid or payable by the [State] Government on account of primary education;

{g) such other sums as may from time to time be received on account o f primary education.

Explanation, i ’ or the purposes o f clause (ej, the grant payable by an authorized municipality shall be the amount o f expenditure on account o f primary education in any year less the grant paid by the i[State] Govern­ment in that year, and fees and sums o f money from other sources o f income belonging to the fund.

A lication primary education fund sliall stand in the name o f theo fp r im a ry school board a n d shall, subject to the provisions of this Act, be applied for education the purposes specified therein and for such other purposes as m ay be

prescribed.(2) The fund shall be maintained, administered and used in the manner

prescribed.

1 This w ord was substituted for the word “ P rov in cia l” by the Adaptation of Laws Order, 1950.

» These worda and figures were inserted b y G uj. 13 o f 1903, s. 9.

46. 11) The primary education fund shall be kept in the Government treasury or in the bank to which the Government treasury business has education been made over or in siTch other bank or co-operative society registered or

Bom . deemed to have been registered under the Bom bay Co-operative Societies Act, 1925, as maj? be approved by tl'.e ^[State] Government.

(2) It shall be lawful for the school board to invest such portion o f the primarj'' education fund as is not likeh/ to be im.mediateh' required in post office cash certificates or in securities of tl;e Central G-'svcrnment or any [State] Government.

13) Every investment in Gnvernrooi^.t pccuritics al all bo made through the Reserve Bank o f India or any other bank ai^prcjvo-d l.y tl.c ‘ [State] Governmeirt in tliis bclialf.

2[46A. (1} The State Government sliall estab.lisli a pr(ivident fund(hereinafter called the said fund) for tlie staff maintaijied by district school boards * *.

(2) Any provident fund established and maintained I;}" a district school board4[forsuch staff]befoTet1 edate o fth ecom in gin to forceo f the Bom bay

of Primary Education and Housing Board (Amendment) Act, 1951, shall be1961. j^e-pge(5 jnto and form part o f 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 o f such transfer ;Provided that in the event o f any doubt arising as to the amount to be

so transfered b y any district school board 6* * * from its primary educa-tionfund to thesaid fund, the matter shallbe referred to the State Govern­ment or any officer authorized by it in this behalf, whose decision shall be final.

(3) The district school board 5 * * *concerned shall, in respect o feach of its emploj^ees who is a subscriber to tlie said fund, pay into the said fund such portion o f the contribution in such manner as the State Govern­ment may, from time to time, determine.]

1 This w ord was substituted for the w ord “ P iov incial” b y the Adaptation o f Laws O lder, 1950.

2 This section was inserted b y Boin. 46 o f 1951, s. 3.3 The words “ or for the primary school teachers maintained b y authorised m uni­

cipalities” were deleted b y B om . 33 o f 1953, s. 3.4 These words were substituted for the words “ or an authorized m unicipality for such

staff or teacher, as the case m ay b e ,” ibid.5 The words “ or the authorized m unicipality” were deleted, ibid.6 The words “ or authorized m unicipality” were deleted, ibid.

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Replacement Series No. XIII—p. 591947 : Born. L X I] Bombay Frimary Edacation Act, 1947 2574A

47. 'i’i e Ch.jiniiioii, X'k'o-Cluiiviaau and members o f the school board Payment o f nu.y be j-ivid all.-v, aiice Ur e.\i.euses iuciirrcd by tlicm in travelling i\,r the alliancestrI'll poses uF tl;e biUti : s <,f the scl,(.,.l Lof-nl at such rates and subject to chairm an’,suck coneiii ,iis as U;aj Le presoiibed. Vice-chair­

m an and mombera o f school board

'[47A. (i) T.f.c ;m (-f r. hoard shall be examined and audi- Audit,t. iit aueL iul O'. Vi'iei, jit ;>ueh manner and by such agency as may be pi'es- e ibed.

(2) Every tse-uxi bv.ai'cl shall publish t ie audit notes with the replies Thereto in its admm'.sitngtion report.]

G H A rT E R I X

C o n t r o l

48. < I ) The [ S h iU ] (i')vernm cnt nio.y appoint such officers (ineludino inspecting iiU' pecI iii-' ;,{iicery ) as ii iiuiy deem uecessa y for tlie pur])cses o f superinten- staff, deuce aiid inspecticai and neially for the purposes oi giving effect to the provisions e f this Act.

12} The Officers apv.^iiittd under sub-section (1) shall be the servants o f the “[ State ] G tverniuent, ajidtlieir powers and duties shall be such as may be XJtescribcd.

49. > 1 ) An inspeetii’g officer nominated by the Director in this b e h a l fshall have the right r.f beir:g present at any meeting o f the school board, and b^p^epent with the const nt ci tiic Chairman, ol taking part in the discussions thereat, at school but he sliall not l e eruitled to vote upon, or move any resolution, at such./ j mgs.meeting

(2) The Director or I’,dr!cdtional Inspector ®[ ot the district ] or any officer Powers o f authorized b j’ a gene: al or special order of the ^[State] Government may

(a) Ii] enter eri arid ii'.spect any immoveable property occupied for any purpose c'.r.nected vi iih primary education by a schocl board or authorized municipality or any educational institution under its control or manage­ment ; or

1 Tills pcction was inserted b y Guj. IS o f 1963, s. 10.2 This word was substituted for the word “ Provincial” b y the Adaptation of Laws Order.

1930,3 Tliese words inserted b y Bom . 2 o f 1955, s, 3, Second Schedule.

Bk) H-34— 7

Realacement Series No. X V — p. 1241 9 i7 : BjiU. LXI^J Boinbay^^Ffi'tiiary Edncatiun Aci, 1947 2575

(i'i) cause such property or institution to be entered upon and inspected by any other person authorized by iiim in this behalf;

{h) call for any extract from the proceedings of any authorized munici­pality or school board, or of any committee appointed by any o f them rciiiting to any matter connected with primary education; or

(c) call for and inspect any botik or document relating to any matter connected with primary education in the possession or under the control o f an authorised municipality or school board.

50. The Dhector m a y - Vo^ovto(u] call for from any auth irized muiacipality or school board or

Administrative Oilicerany rctuiii, statement, account or re^aort relating require ex- to any matter connected with pi'imary ctiuciition, pUmntion,

(■!/) call upon an autliurized niuiiicip;'Jity or school board to take into consideration any ob jectijn ^ hioll i' pp jai s to 1-im to exist to the doing of anything comiected with primary cducjotion which is about to be done by such municipality or board or any iofoi ination frn-nished by him whicli appears to idm to necessitate tiie doing ,i a certain thing by such muni- cipd,lity or board and to make a w. itteri reply to him within a reasonable time, stating io case o f disagreement ^\ith tiie Director its reasons for not desisting from doing or fur n tt doing such a thing.

51. (1) If, in the ojjiuion o f tlie Director, the execution o f any order power of or resjlution o f a school board or tl'f; doing of anything which is about to suspending be done or is being done by or on behali' of the board is in excess o f the powers ordere'etc? conferred by, or contrary to, this Act or fcl;e rules or regulations made there- of schooi 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 f o r t h w i t h forward to the board affected by it a copy o f such order with a statement o f the reasons for making it.

I {3] The Director shall forthwith submit to the ^[State] Government a report of every case occurring under this section and the ^[State] Govern­ment m ay annul, confirm, revise or m odify any order made therein and make in respect thereof any other order;

Provided that no order o f the Director passed under this section shall be eonfi.rmed, revised or modified by the ^[State] Government without giving the board reasonable opportunity o f showing cause against the said order.

52. {1] I f any authorised municipality when called upon makes default byin preparing a scheme or after a scheme has been sanctioned omits to make authorized adequate provision for com pulsory primary education in accordance with municipaUty a scheme as sanctioned and to bring into operation or continue to keep in operation such scheme, the ^[State] Government may nfter due inquiry appoint a person to prepare the scheme or bring it into operation or to con ­tinue DO keep it in operation as the case may be, and the expense thereofshall be paid by the authorized municipality to the ^[State] Government.

1 Thi3 w ord waa substituted for the word “ Provincial ” b y tho Adaptation o f Laws Order, 1360.

2570 Bomhay Primary Edacat9oii Jci , W47 [1947 : Bom. LXI

(2} I f the expense is not s j paid tLc ’ [Siau j C ..vv-vunieia may make an order directing any person who has f.ir t h e time l> e in g custody o f any moneys o u behalf o f the authorized m u n i c i p a l i t y eitlicr r ,s b i : . i \ k e r .;>r in any relation to pay suuji expense from sueii u iO u e v o a i.i iu ; m a y l ia 'v o in his hand.r or may ii'Lim time to time receive and mick portion sliuli b o b u u m l t o obey such o i d et.

^sTate°] C- ) When the ^[State] Government is informed that a scho >1 boardGovernment made a default in performing any duty imposed on it by or under this

under any enactment foi ii.e time boing iu I'jrce, the ^[State] manceor Government ma,y, if it is satistied after such inquiry as it may think litduties on that the sch o ji ooavd has been yuill\ ...f ucji Joiauh , by ordei ni w it in g^ohoolboard sciiool b jard to po. Ioiiii ti:o uuty vVjIm a peri-jd lixcd for the

performance of that duty ;Provided that no such order shall be made u iilos the school b-.ard has

been given aii opportunity to show cau:3o \s hy .such urder siiouhi nca be made{2} I f such a duty is not performeci ,vitlanthe poriod so fixed, the ’ [.State]

Government may appoint some pe's;,n to perform it and may (Jncct that the expenses ol xJerlbrmitig it, witli a leasunable romuueration to ti.e person appointed to perform it snail be paid witi iii :such tune as it may lix tu such person by the school board ur as the ^[State] Governmeiit may direct.

I f the expenses and remuucrabi./n are not paid, the ^[State] Govern­ment m ay make an order directing tbe ohxcer in ciiavge of ti;e treasir>y or bank or society in which the p. inu i y education fund is kept or tiie whole or portion thereof is deposited or knit iit iiiteresl, to pay such expense and r.jniui:eration from sueh m oney as may be sUvi di^ig tiie credit ot' the school board in sucii treasury or bank or society or as may iVum time to time be received from or on behali o f tlie school b.Kij u by way of deposit by such treasury or bank or society; and such .nlicer o/ lan k or society si;all be bound to obey such order. Every payjn .nt m;s,de lu pursuance to such order shall be a sufiicien.t discharge to such olhcer, bank or society from all liabilities to the school board in resxject o f any sum or sums so paid by him or it out of the moneys so received or stanunig co the credit o f the school bwavd in such treasury, bank or society.

Direction: 5^. Notwithstanding anything contairLcd in tins yAct, the ^[State]by ‘ [State] Uovorument shall have power to give to a district school board all such Govcrimient. , , , . ^ as it may consider uecessary in regcVi'U to any mat LOi CO nnected

with j)rimary education and ir.e disii'ict sciiool board shall com ply with such directions.

Enquiry into 55. { !) The^[State] Government may, i’loni fcimo to time, cause enquiry affairs o f to be iiiadc by any of its oflicors in regard t.j any authorized municipality sciiooi board. s^iiool board ou matters connccteci with xirimavy education concerning

them or any matters with respect to '.vLicii tne saiiction, approval, consent or order o f the [State] Government is required by or under this Act.

{2} Tile officer holding such enquiry sjiall iiave the powers o f a court under the Code of Civil Procedure, 190s, to take evidence and to com pel the atten- J (iauce o f witiiosses and the pj’ 'Jluotio'}'. of documents for fciio purposes o f the ©j enquiry.

1 This w o id was substituted for tho word “ Proviiiciui” by the Adaptation o f Law s Order, 1950.

(3) The ’ [State] Government may make orders r.a to the costs o f any enquiries made under sub-section {1) and as to tl’e ya- ty by wliom and the funds out of whicli th ey s'uill bo paid, &ud. m dt v uiay, t u th.e applica­tion of the ’ [State] o^-vcvivment ov s.,f any p c . j'. rianu d ti.r -oiube executed as if it were a decvoe of a civil oourl.

Replacement Series No. XV— p. 1251947 : Bom. L X I ] Bombay Primary Edaoation Act 1947 2576A

Ordor, 1950.

Replacement Series No. XX— p. 741947 : Bcxn. LXI] Bombay Primary Education Act, 1947 2577

58. Ci) I f in the opinion o f the '[S tate] Government, a school board Dissolution is not competent to perform or is not properly performing the duties imposed on it by or under this A ct or the rules or regulations made thereunder or school board exceeds or abuses its powers or is acting or has acted contrary to the provi- ™ sions o f this A ct or the rules or regulations made thereunder, it may by an order published in the Official Gazette with the reasons for making iteither-

(a) dissolve the Bu.'ird orh'j supersede it for period to be specified in the order. ^[Such peiiod

may be longer th^u the term for whAch the menibei's of the school board would Jiavo held office under section 4 if the scl’.ool board had not been superseded uuder tliis sectiori.]

{2j Wlien th.e school board is dissolved or superseded, the following consequeuces s'lal] ensue :—

(tf) all ineinbers o f the boai'd shrdl in the case o f supersession as from t1ie dat(‘ ('f the (.rder of suporriession, arid in. tlie case of dissolution as from tV.c vA.'Ac nr >’ e urder otssi'linion, "be deemed to haveVii,c;i,tcd t ’lcir s.ffices as such mcmb'ers;

(b I all }) )\\ ers and duties of t'.e b jard shall, during tlie period of dissolu­tion or su]K‘,rsession; be exercised and perf rmed by such person or persons as tlu. '[S tate] G )vernment may IVvjm timt to time appoint in this behalf;

(f.) the ])crson or persons app.iiiited under clause (i») may delegate their p;)\\crs and duties to any individual or committee or sub-committee.

(3) On the issue of an order of dissolution under sub-section (1), election o f membes's shall be held under the provisions o f this A ct or o f tlse rules made thereunder on or before the date to be specified by the ' [State] Govern­ment and tlie b )ard shall be re-established by the election, appointment or nomination <>f members under the aforesaid provisions on sucl' date as may be specified b y the [State] Government.

(4) I f after enqui y made, the ' [State] Government so directs, the period o f supersession with all the consequences aforesaid shall, from time to time be continued by an order published as aforesaid until such date as may be fixed, by the '[S ta te ] Government for the re-establishment o f the board.

(5) After the board is superseded, it shall be re-established by election, appointment or nomination o f members under the provisions o f this A ct or the rules made thereunder applicable thereto —

(a) if no direction has been made under sub-section (4) on the expira­tion of the x^eriod specified in the order of supersession under clause (b) o f 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 o f the school board.

1 This word -was substituted for the word “ Provincial” b y the Adaptation o f Law®Order, 1950.

g These words and figure were added b y B om . 24 o f 1956, s. 8»

2078 Bi mhoy Ffhwn'y lUnCntkm Acr, W-17 [194/ : Bom. LXI

Dissolution 5 7 . {1) W h o a d u r i i ig t h e 't e r m ;1 th e m e m b e r s o f a d is t i 'i c tsrhorfboard board, the limits o f the distri;;t are du aucuLiiit uf tlie formatiun ofand its re- a iiew district under the B om bay Land Revciiuo Code, 1879, or for any Bom,constitution otlier reason altered, tlie ’ [State] Government may by order published inon alteration ^ , , , i r i • i • i 1879,of limits of tho Ojjiri'jl Gdzclte, dissolve suc'i board Irom a dale s})e tinea m the urde.'district. aiul dircvt a districc scbf.. I b. ard-—

I,i) 1 1 be reco3iS‘ itiitcd i<-:‘ tl.o disvrici t.f 'vi ioh tlic district school boardi as litHU dissolved, Oi'

(ii] t=; be eslr.]>lishcd for a new di;’ Lri<;t wlucli has bi'eu constituted.Tiie membo>-«.uf tl.o disii'iet tjchool b:.ard which, has been dissolved shah

vac.iie ti til’ ol’tu-ts t’ 'om t ’ .o date- specified in tl.o order.(2} Th(' (lisfci ict school board- veconst itnted or established under the pr(.-

visi<;ris(,f sub-sccti <ii (J ) shall c:nsist ( f such immber o f members elected,a.pX>oiri.ted nr ujm iiu’/tod i;’ laich manner m,s tJ;e ’ [State] Government mayby order in wi’iting, diroct. The Cliairman and Vice-Chairman o f the district soliool board s,i rec justituted or established shall be elected in the manner provided in this Acl, and r.'i;.e rules made tVicreunder.

(3) T1 e members o f a di'-;trict school board i-ecoi^.stituted or establishedu.i.’ or the provisions o f sul)-scctiou (2) shall hold oflicc for such period, not exceeding ^[tl.vee years] as the ’ [State] Government shall by order specify.

(4] Oil the cxpu’y o f the period o f office o f the members of a district school b i, 'd under the iirovisions of sub-section. (3), the district school board shall be constituted in th.e man.iicr provided in section 4.

CHxVPTER X

®*BoARt) OF P rim ary E ducation .

'^Constitution 58. [1] Thove S ' ’ a l l be "^[Board] ( f Primary Education, consisting ofof 8*Board ’ [sixtctnT moinbevs ( f v,l:om ®[eight]sl'.rAl be elected by the school b .aids*Educat^? in. the m.'MVP.e.' pvcrio.ibed. Tl’ e vemainir.g ’ [eight], of whom not m .rc ti.an

’ [f ,ur] shall bo C vevnnieut flicers, si all be appointed by the ’ [State] Governnic !-t.

i2] The members rf t ie said board shall hold office for a period of threeyears :

P r o v i d e d that the term c;f office o f tho outgoing members sh.all be deemed to extend to lancl to expire with the date on whicli their success(.rs are clectect or appointed, as the case may be.

(3] Any member o f tlie said board may resign. Ids seat at any time bygiving notice thereof in writing to the President; and snol: member shall be

1 This word w a, sub^lifuf d For tl;.' word “ Provincial” b y the Adaptation ol' Law? Order,

Thct,c woi'ds w. r;- Pii!;,;tiivit' d for th<- words “ on.- y.-ar” b y Bom . 2o o f 1952, s. 7.3 Tho word “ State” was omit led b y the Bon,bay Adaptation c f Law;, (.State and Conuuueiit

Subjects) Order, 1950.4 This word was isr.bstitut' d for tl’ f v--or('-- o -t-- b r ir d t h i r l .

r-i This v.-ord wa-: >ub;0 i t u t i . d for tli<- w oid “ Iw iv< ” I y Giij, 13 ( f li'G g . 1 ! i/) f,'),0 This word was subh-tituicd for the word “ six” , ' i b id . s. H (/) ( H ) ,

1 This word was «ubft,ituted for the word ••three” . e. 1] (? ) (in ).

deemed to have vacated liis seat as soon as the president has received his resignation.

(4) Any member o f the said board who absents himself from three consecutive niectiugs o f the board without its i)ermission shall cease to be a member o f the board.

(5) The ^[State] Government may on its own motion or on the recom m enda­tion supported by a,resolution passed by at least two-tbirds o f the whole number o f members of the said board, remove any member o f the said boai'd if such member has been guilty of misconduct in the discharge o f his duties or any disgraceful conduct or has become incapable o f performing his duties as a member b j' reason o f any physical or mental infirmity ;

Provided that no such member shall be so rem oved nor shall any resolution recommending the removal of any member be passed unless the member to whom it relates has T)een given a reasonable opportunity o f showing c a u s e why he should not be so removed or why such recommendation should n o t be made.

(6) The elected members o f the said board shall be persons having any o f the following qualifications :—

[a] a graduate o f seven years’ standing o f any recognised University ;{h) a iirofessor who has served as such for a period o f five years in a

college affiliated to a statutory University in the *[ State o f Gujarat ] ;(c) a headmaster who has served as such for ten years in an approved

school or high school recognised by the Department o f Education o f 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 o f the board. O f the members appointed by the 2[ State ] Government, one member selected by the 2[ State ] Government and belonging to the Department o f Education shall act as Secretary to the board.

(5) 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. The powers and duties o f the said board shall be as follows, namely :— powers and(a) to examine and recommend schemes for the organization, co-ordina" duties of

tion and expansion o f primary education and for the correlation o f primary education with the system o f education as a whole in the *[ area to whichthis 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 jirescribed.

1 The w ord “ previous” was deleted b y Bom . 46 o f 1949, a. 9.2 This w ord was substituted for the word “ Provincial” b y the Adaptation o f Laws Order,

1950.3 These words were substituted for the words “ Bom bay area o f the State o f Gujarat” b y

G uj. 13 o f 1963, s, 11 (2).4 These words were substituted for the word “ State” b y the Bom bay Adaptation o f Laws

( State and Concurrent Subjeete ) Order, 1956.5 The word “ State” waa om itted ibid.

(Bk) H-3*— S

Replacement Series No. X X —p. 751947 : Bom. LXI] Bombay Primary Education Act, 1947 2578A

Transitory ’ [59A. (i| Notwithstanding anything contained in this Act, with eiFect provSon^'n such date as the State Government may, by notification in the Officialaccount o f Gazpfte appoint, the existing Board ofPrim ary Education shall stand dissolved tfon^of Boro president and members thereof shall be deemed to have vacatedbay Stat»a tlu'ir office ; and there shall be constitiited a Board o f Primary Education

for the area to which this Act extends, consisting o f a president and such number of other members, including a Secretary, as the State Government may think fit to nominate.

(2) The members so nominated shall, as far as may be, include persons who were members o f 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) sliall hold office upto and inclusive o f the *[ 31st day of December 1964 ], or until a Board is duly constituted under section 58 whichever is earlier.

(4\ The provisions contained in siib-sections (<?), (4),(5) and (5) o f section 58 shall mutatis mutandis apply to the members o f the Board constituted under this section.

(5) The Board so constituted shall exercise all the powers and perform all the duties o f the Board o f Primary Education under this Act.]

®(6) Notwithstanding anything contained in sub-section (1) on the date of the coming into force of this A ct in the Saurashtra area and the Kutch area o f the State, the Board constituted under this section and existing on the said date shall be deemed to be constitvited for the whole o f the State :

Provided that, having regard to the extension o f the jurisdiction o f the Board as aforesaid, the State Government may nominate such number o f additional members on the Board as it may think fit.]

2578B Bombay Primary Education Act, 1947 [1947 : Bom.LXl

1 Section 59A was iiiserted by Ouj arat Adaptation o f Laws ( State and Concurrent Subjects ( Fourtli Amendment ) Order, 1960.

2 These figures, letters and words were substituted for the figures, letters and words “ 31st day o f December 1963 ’ ’ b y Guj. 55 o f 1963, s.2.

3 Sub-section (6) was inserted by Guj. 13 o f 1903, s .12.

CH APTE R X I

M i s c e l l a n e o u s

Delegationjl[60. [1 ] Subject to such cdiiclitioi'S if any, as may l»e specilied,—

(i) the State Government may delegate any oi its powers or duties under this Act or the rules made thereunder to any officer or authority subordinate to it; and

liij the Dii'ector may also with the previous sanction o f the Str.te Government delegate any oi his powers or duties under tliis Act oi the rules made thereundei' 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 o f the State

Government oi the Director to exercise any or all o f the powers or duties hereby delegated by it or him, as the case may be, to any suboi diuate oitic( ror authority. ] DeUgaUon

81. [ l i Sul)]©',;! lo the provisions oi this Act tVa ruitn under, a il autl Oi ised municipality may delegate any of its powers, duties andand functions under this A ct to the municipal school boii,i'd. srhooi

. boards o f(a) A Hchool board iiiiw, ivdin time to time, constitute com m jttces their powers,

and discontinue or alter the constitution (if such committees. duties and(b) The school board may delegate any oi its pow ers, duties and func-

ti.ms to any such com m ittee or to any member or Admiiiisti ative Othcer or stijjendiary or any other officer of the board ; and sucli com m ittee, member or officer shall conform to any instructions tliat may from time to time be giveti by the board.

(3) The authorized municipality or the school board may, at any time witlidraw any of the powers, duties and functions so delegated.

Lim itation6 2 . ( i j No suit prosecution or other legal proceeding shall be commenced o f euit».

against any school board or authorized municipality or a servant tliereofor any person acting under the orders, o f the said boai'd or municipality for anything done, or purporting to have been done in puisuance o f this A ct which entitles or requires a school board, authorized municipality, member, officer, servant as such or other person so acting to exercise any powers or j^erform duties without giving to such school board, authorized municipality member, officer, servant or person one m onth’ s previous notice in wiiting o f the intended action and of the cause thereot, or after six months from the date o f the act complained of.

(2) In the case of any such suit for damages if tender o f sufficient amends shall have been made before the action was brought, the plaintiff shall not recover more than the am;>unt as tendered, and shall imy all costs jacuritd by the defendant after such tender.

Power to63. (i) The ^[State] Goverumeat may, by notification in the Official rules.

Gazette make rules for carrying out the purposes o f this Act.1 Section 60 was substituted for the original by B om . 25 o f 1952, s. 8.2 This word was substituted for the word “ Provincial” by the Adaptation o f Laws Order,

U ‘50.

Replacement Series No. X X —p. 761947 ; Bom. LXIJ Bombay Primary Education Act, PJ47 2r>79

2580 Bombay Primary Educaiion Act, 1047 [1947 : Bern. LXI

Repeal andtransitoryprovisionrelating tosohoolboards.

{2} III particalar and Avithout prejudice the generality of the foregoing provision such lules may be made for all or any o f the folhiAs iny mattei's: —

(а) the manner of election o f the chairman, vicc'cliairm an and the members of a school board ;

(б) the duties and functions o f tlie cliairman and the vicc-ciiairmau;(c) procedvire for the conduct o f school board’s bu.shioss and school

committees for non-authorised municipalities ;(d) procedure for sanctioning tenders ;](c) the constitution and function o f village sch(jol coniniittecs ;

(ee) provident funds, gratuities and pensions f u r tlie primary school teachers maintained by an authoi'ised municipality ; ]

*[(/) the rates o f subscriptions and conti ibutions and other conditions o f the provident fund established lor the staff maintainetl by distiict school boards.

4 »c * * *'v/a'; Uvetoudifun-vs uf gvatultits: tv,id peusious t'uv tl\v; staff® * * veftvved

to in clause ( / ) ; ]((/) provision for the welfare o f tlie cliildren attejiding pi'imaiy

schools including provision for the care o f their health and for the i>hysical and moral trainhig ;

(h) pre-vocational courses as a part o f upper primary courses ;(i) regulation o f the delegation o f powers, duties and faueti<.)ns under

< his Act ; and(j) matters to be prescribed under tJris Act.

(3) Rules made under sub-sections ( /) and (2) shall be made after previous publications.

®[ (4) All rules made under this A ct shall be laid for not less than thirty d a y s 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 session iji which they are so laid or the session immediately following. The modifications so made shall be published in the Official Gazette imd shall thereupon take effect. ]

84. Tlie Bom bay Primary Eucation A ct, l ‘J23 is l.ereby repealed ; Bora. I V o f 1923.

Provided that until a new school board is constituted under sectioii 4 any existing school board under the Bom bay Pi'iniary Education Act, 1923 IV o f 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 tliis Act.

1 These words were added b y B om . 25 o f 1952, s. 9.2 Clause (ee) was inserted b y B om . 33 o f 1963, s. 4 (t).3 These clauses were substituted for the original clauso (J) by Bom . 40 o f 19r)l, s. 4.4 The words “ and primary school teachers maintamt-d by authorized niunicipalities” wert

deleted b y Bom . 33 o f 1953, s. 4 (it).5 The words “ and teachers” were deleted, ibid, s. 4 {Hi).6 This »ub-section was added b y Guj. 13 o f 1963, *. 13.

Bom . 65. The provisions of this A ct shall have eifeot n.itwithstanding Act to190° auythiiig to tlve contr.M'y contained in the provisions relating to primai'vBom", education in tlie Bom bay District Municipal Act. 1901, the Bombay o f certainV I o f Local Boards A ct, 1923 and the Bom bay Municipal Boroughs Act, i<J25Bom." other corresponding law'. ]xviiio f1925.

2 [66. ansitory and special ‘provision, in respect of Kolhapur District lichool Board on account of reorganization of States— Deleted by Guj. 13 of 1963, s. 15 ]

2[67. ( i j With effect trom such date as the >Staie Government may, b\ notification in the Official Gazette appoint, the Distiict Seliool Board Banaskantha sliall not withstanding anything contained in this Act, stand respect o f recoirstitutcd and shall be deemed to be the D istiict School Board foi' tlie District of Banaskantha as formed on the 1st day of November 195(5 by the Sdiool Board States Rcv>TgcV'Asa.liou Act , 1056, a.i\d s,\\aW cousist of such number oS

' ^ “^bers as may be nominated by the State Government in this behalf. tion1>^Wt'ateB.

(2) The members to be nominated shall, as far as may be, be jjersoub w Ikj were the members of the Banaskantha School Board and who represented the areas included in the said district excluding the Abu-Road taluka, before such reconstitution.

(5) The members of the school board so reconstituted shall hold office for such period, as tlie State Government may, by notification in the Official Gazette specify ,but not exceeding one year frum the date o f such reconstitution,

(4) The Chairman and Vice-Chairman o f the school board reconstituted as aforesaid shall be elected in the manner provided in this Act.

(5) {a) When the period o f office o f the members o f the school board under sub-section (3) is due to expire, the school board o f the district shall be cori- stituted in the manner provided in section 4 and other relevant provisions o f this Act.

(6) Notwithstanding the expiry o f the period o f office o f such members, they shall continue in office until the members o f the new school board ai e elected, apx)ointed or nommated, as the case may be.

{6) Upon the reconstitution o f the school board under this section, or as soon as m aybe thereaftei the State Government after consulting the Govern­ment oi Rajasthan, may by oi'der pi'ovide for all or any (»f the following matters, nam ely :

(a) the trarisfer, in whole or in part, o f the assests, rights and liabilities ( hicluding any rights and liabilities under contract ) o f the former school board o f Banaskantha to the reconstituted school board o f Banaskantha and the terms and conditions { i f any ) o f such transfer ;

{b) the transfer oi' re-employment o f any of the employees o f the former school board to of by the reconstituted school board o f Banaskantha ;

(cj such, incidental consequential and supplementary matteis as may be necessary to give effect to such apportionment and transfer;

1 These words were inserted, by Guj. 13 o f 1963, s. l i .2 Sections 66 and 67 were inserted by the B om bay Adaptation o f Laws (State and Concur­

r e n t Subjects ) Order, 1956.

Replacement Series No. XX—p. 771947 : Bom. LXI J Bovibay PririMry Education Act, 1047 25S0A

(?') Where aa order is made under this section transferring the assets, rights or liabilities ot the former school board, then by virtue o f that order such assets, rights and liabilities of such school board shall vest in and be the assets, rights and liabilities o f the recoiistituted school board. ]

V alidating 6 8 . (1) If by virtue o f the extensioii o f the Bombay Land Revenue B o m .Wres°^ ct°o f Code, 1879, to the Saurashtra area o f the State by theBom bay Land Revenue of]879 9.certain Code (E xtension to Saurashtra area) Ordinance, 1959, and reconstitution j^om n.district; of the districts specitxed in column 2 o f the Schedule under Government o f Ord d.boards. Bombay, Revenue Department Resolution, No. TLC. 3858-C, dated the 19th

June. 1959 any scheduled district school board has transferred— 1959. .(а) any primary schools and other properties, movable and im m ovable,

which were vested in o)' held by it or were under its control befoie such reconstitution,

(б) any primary school teachers and other persons as were em ployed by or under it befoie such reconstitution,

(c) any o f its assests and liabilities held or incurred before such reconstitution,

to any other scheduled district school board and the latter has taken over, the primary schools, j>roperties, primary teachers, persons, assets and liabili­ties so transferred, such transfer and taking over shall bo valid and shall be deemed always to have been valid and shall no tbe called in question merely on tlie ground that such transfer and taking over was not authorised under the provisioi\s o f this Act, or the Saurashtra Primary Education A ct, 1956 Act.’ as then in fo rce ; and accordingly all ju iisdiction and powers exercised, functions performed and duties discharged and any other thing done oi‘ action jgsg taken before tlie coming into force ol the Bom bay Primary Education ( Guja- Guj j' arat Extension and Amendment ) A ct, 1963, by a scheduled district school board in respect of such primary schools,x^roperties, primary teachers, persons, 19566. assets and liabilities shall be valid and shall not be called in question merely on the ground aforesaid :

Provided that in the case ol primary teachers and persons so taken over, nothing in this sub-section shall alfect 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 Sau. Primary Education Act, 1956, each o f the scheduled district school boards shall be deemed to have been validly constituted for the district specified in <of against it in column 2 o f the Schedule from the date of the recoristitution o f 195(6. the district under the aforesaid notification and the terms o f office o f the members thereof holding office immediately before the date o f the com m ence- Guj,. ment of the Bom bay Primary Education ( Gujarat Extension and A m e n d - ^n.I ment ) A ct. 1963, shall coirtinue under this Act until the scheduled district 1963,. school Vioard is constituted under section 4 or the expiry ol one yeai' from , the said date, or the coming into torce ot sectionl55 of the Gujarat Panchayats A ct, 1961, whichever is earlier. 1962:.

1 Sections 68 and 69 were inserted by G uj. 13 o f 1963, s. 16.

2580B Bombay Primary Education Act, 1947 [ 1947 : Bom. LXI

Explanation — For the purpose <if this section, a scheduled district school Ijtiai'd means a district school board specified in column 1 f)I the Schedule. ]

i [6 9 . il . The iSaurashti'ii Primary Education Act, 1956, is liei'ehy^ , „A c t • I , " Eepeal o fX X X - rcpealetl. SaurashtraE li of (2) Save as otherwise expressly provided in this Act, anything doJie o^'Act.X X X I I

action taken under the Act so repealed shall, in so lai' as it is not inconsistent and saving, with the provisions ol this Act, be deemed to have been done or taken iinder tliis Act and shall continue in force until it is superseded by anyttiing done 07' acti(.)n taken under this Act.]

2[ 70. (2) Subject to the x^rovisions ot sub-section (2) in this Act exceptill sections 2 (10), 3(i), 4, 5, 6, 6-A, 7, 7-A, 8, 9, 9-A , 10, 10-A, 11, 14, 41 ( i ) . References42,43, 44 ( 2] ( d ) and 57 all references to a D istrict School Board shall be, W'ith s°h oorb oa rd effect on and from the 1st April 1963 shall be construed as references to to be constr- a taluka panchayat or disti ict panchayat constituted under the Gujai at Panchayats A ct, 190!, according as the powers, iunctioris and duties o f a taluka District School Boai d vest in the taluka j)anchayat or as the case may be, panchayat distiict pancVia> at in accordance witVi an ordei made under sub-section (2j panch^ya^*^' o f section 155 o f the Gujarat Panchayats A ct, 196 ( hereinafter referred as the “ said order ” ).

(2) In section 12, in sub-section (2), for the words “ every district school board ” substitute the words “ sucli taluka panchayats in a district or as the case may be, such district panchayat as the State Government may determine liaving regard to the distribution of powers, functions and duties between taluka panchayats and district panchayat under the “ said order ” .

(3) Notwitlistanding anj^thing contained in section 155 o f the Gujarat Panchayats Act, 1961, the provisions contained in sections 2 (10), 3 (1), 4, 5,6, 6-A, 7, 7-A, 8, 9, 9-A, 10, 10-A, 11, 14, 41 (1), 42, 43, 44 (2) {dj and 57 shall not apply to a taluka panchayat or as the case may be, a district palicha- yat, exercising the pow'ers and pertorming the functions and duties of a dis­trict school boai'd under this Act. ]

^[71. (1) On and from the date specified under sub-section (1) of section 12, Construction all references to a District School Board in this Act except in sections(10), 3 (i), 4, 5, 6, 6A, 7, 7A, 8, 9, 9A, 10, IDA, 11, 14, 41 (1), 42, 43, 44 (2) (d) schoSard and 57 shall, with effect from the 1st May, 1963 be constr ed as references so far as to a taluka panchayat, district panchayat constituted under the Grujarat Panchayats Act, 1961 according to the powers, functions and duties of a cerned. 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, 6A,7, 7A, 8, 9, 9A, 10, lOA,11, 14, 41 (i), 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. )

1 Sections 68 and 69 were inserted by Guj, 13 o f 1963, 8. 152 Section 70 wa-s inserted vide G. O., E . and L . D ., N o. In t. 3 0 6 2 -A l, dated 1st April 19633 inaction 71 was inserted by the Gujarat Panchayats (Adaptation o f the Bom bay Prim ary

Education A c t ) Order, I'joS, s. 2 (3).

Replacement Series No. X X —p. 781947 :Bons.LXI] Bainhiy Prirn<iry Education Act, 1947 25<S0C

2580D Bomhay Primary Education Act, 1941 [ 1947 : Bom. LXI

H SCH ED U LE ( section 68 )

Name o f tlie District School Board 1

]23456 7

The D istrict The D istrict The D istrict The D istrict The D istrict The D istrict The D istrict

SchoolSchoolSchoolSchoolSchoolSchoolSchool

Board o f Board ot Board of Board o f Board o f Board of Board oi

Ahm edabad,JamnagarR ajkotBhavnagar.Junagadh.AmreliSurendranagar

Name o f tlie District _________ 2__________

Ahmedabad.. Jamnagar.

Rajkot.Bliavnagar.Juuagadli.

, . Amreli . Surendranagar]

I This Schedule was inserted by Guj. 13 of 1903, s. 16.

PRINTED AT TH* GOVERNITEKT f SUSS, BASODA.