The Gujarat Primary Education Act, 1947.

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The Bombay Primary Education Act, 1947
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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Bombay Act No. LXI of 1947

The Bombay Primary Education Act, 1947

( As modified upto the 31st August, 2007 )

The Bombay Primary Education Act, 1947
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THE BOMBAY PRIMARY EDUCATION ACT, 1947

CONTENTS.

PREAMBLE.

SECTIONS.

CHAPTER I.
PRELIMINARY.

1. Short title and extent.

2. Definitions.

CHAPTER II.
CONSTITUTION OF DISTRICT AND MUNICIPAL SCHOOL BOARDS.

3. School Boards.

4. Constitution of school boards.

5. Disqualifications of members.

6. Determination of validity of elections; enquiry by judge; procedure.

6A. Disqualification at time of election, etc., discovered subsequently.

7. Disqualification after becoming member.

7A. Penalty for sitting or voting when disqualified.

8. Disabilities on account of interest in subject matter.

9. Removal of members of school board for misconduct.

9A. Disqualification of person for misconduct after he has resigned as member.

10. Election of chairman and vice-chairman.

10A. Authority in place of district school board where there is no district local board.

CHAPTER III.
POWERS,
DUTIES AND FUNCTIONS OF DISTRICT SCHOOL BOARDS,
AUTHORISES MUNICIPALITIES AND MUNICIPAL SCHOOL BOARDS.

A. District School Boards.

11. Incorporation of district school boards.

12. Vesting of property in and absorption of staff by district school boards.

13. Powers, duties and functions of district school boards.

14. Relinquishment of powers and duties.

15. Constitution of taluka advisory committee.

B. Authorised Municipalities.

16. Authorized municipalities to exercise powers, etc., and hold properties of local
authority-municipalities.

17. Duties and functions of authorised municipalities.

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SECTIONS.

C. Municipal School Boards.

18. Powers, duties and functions of municipal school boards.

D. Merged Areas.

18A. Vesting of property and absorption of staff in merged area.

CHAPTER IV.
NON-AUTHORISED MUNICIPALITIES.

19. Exercise of powers, etc. and holding of property in respect of non-authori sed
municipalities.

CHAPTER V.
ADMINISTRATIVE MACHINERY.

20. District school board, authorised municipality to maintain adequate staff, pay,
etc.

21. Administrative Officer.

22. Delegation of power to appoint Administrative Officer to certain authorise d
municipalities.

23. Staff selection committee.

24. Powers of Administrative Officers over school board staff.

CHAPTER VI [Repealed.]
PREPARATION
AND ENFORCEMENT OF SCHEMES OF COMPULSION
[Repealed.]

25. [Repealed.]

26. [Repealed.]

27. [Repealed.]

28. [Repealed.]

29. [Repealed.]

30. [Repealed.]

31. [Repealed.]

32. [Repealed.]

33. [Repealed.]

34. [Repealed.]

35. [Repealed.]

36. [Repealed.]

36A. [Repealed.]

36B. [Repealed.]

36C. [Repealed.]

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SECTIONS.

36D. [Repealed.]

37. Administrative Officer to be public servant.

CHAPTER VII.
APPROVED
SCHOOLS,

38. Subjects, curricula, etc. of approved schools.

39. [Deleted.]

40. Inspection of approved schools; returns.

CHAPTER VII-A.
RECOGNITION OF PRIVATE PRIMARY SCHOOLS.

40A. Prohibition against imparting primary education by private primary schools
without recognition.

CHAPTER VII--B
PROCEDURE
FOR IMPOSITION OF PENALTY ON TEACHERS OF
RECOGNISED PRIVATE PRIMARY SCHOOLS.

40B. Dismissal, removal or reduction in rank of teachers.

40C. Resignation of a teacher.

40D. Certain contracts etc. to be null and void.

40E. Dispute to be decided by Tribunal.

40F. Tribunal.

40G. Bar of jurisdiction of Courts.

40H. Savings.

CHAPTER VIII.
FINANCIAL
RELATIONS BETWEEN THE STATE GOVERNMENT AND
LOCAL BODIES.

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

42. Contribution by State Government.

43. District school board budget.

44. Primary education fund.

45. Application of primary education fund.

46. Deposit of primary education fund.

46A. Provident Fund.

47. Payment of travelling allowances to Chairman, Vice -Chairman and members of
school board.

47A. Audit.

CHAPTER IX.
CONTROL.

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48. Inspecting staff.

SECTIONS.

49. Inspecting officers to be present at school board me etings. Powers of
supervision.

50. Powers to call for return or require explanation, etc.

51. Power of suspending execution of orders, etc., of school board.

52. Default by authorised municipality.

53. Power of State Government to provide for performance of duties on default by
school board.

54. Directions by State Government.

55. Enquiry into affairs of school board.

56. Dissolution of supersession or school board in certain circumstances.

57. Dissolution of district school board and its reconstitution on alteration of limits
of district.

CHAPTER X.
BOARD
OF PRIMARY EDUCATION.

58. Constitution of Board of Primary Education.
59. Powers and duties of Board.

59A. Transitory and special provision on account of reorganisation of Bombay State.

CHAPTER XI.
MISCELLANEOUS
.

60. Delegation.

61. Delegation by authorized municipalities and school boards of their powers,
duties and functions.

62. Limitation of suits.

63. Power to make rules.

64. Repeal and transitory provision relating to school boards.

65. Act to prevail over provisions of certain other Acts.

66. [Deleted.]

67. Transitory and special provision, in respect of Banaskantha District School
Board, on account of reorganisation of States.

68. Validating provisions in respect of certain District School Boards.

69. Repeal of Saurashtra Act XXXIII of 1956 and saving.

70. References to District School Board to be construed as refrences to Taluka
Panchayat and District Panchayat.

71. Construction of references to District School Board so far as Kutch district is
concerned.

SCHEDULE.
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BOMBAY ACT No. LXI OF 1947 1.

[THE BOMBAY PRIMARY EDUCATION ACT, 1947.]
[29th January, 1948]

Amended by Bom. 8 of 1949.
Amended by Bom. 46 of 1949.
Amended by Bom. 8 of 1950.
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 9 of 1951
Amended by Bom. 39 of 1951.
Amended by Bom. 46 of 1951.
Amended by Bom. 25 of 1952.
Amended by Bom. 33 of 1953.
Amended by Bom. 26 of 1954.
Amended by Bom. 67 of 1954.
Amended by Bom. 2 of 1955.
Amended by Bom. 12 of 1956.
Amended by Bom. 24 of 1956.
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
Amended by Bom. 50 of 1958.
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Guj. 20 of 1962.
Amended by Guj. 13 of 1963.
Amended by Guj. 42 of 1963.
Amended by Guj. 55 of 1963.
Amended by Government Order, E. and L. D., No. INT. 3062—AI, dated the 1st April,
1963.
Amended by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act)
Order, 1963.
Amended by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act)
Order, 1966.
Amended by Guj. 24 of 1986.
Amended by Guj. 3 of 2003

An Act to provide for compulsory primary edu cation and to make better
provision for the management and control of primary education in the
2[State] of
Bombay.

WHEREAS it is the duty of Government to secure the development and
expansion of primary education; and whereas it is the declared policy of Government
that universal, free and compulsory primary education should be reached by a definite
programme of progressive expansion; and whereas it is expedient to make better
provision for the development, expansion, management and control of primary education
in the
2[State] of Bombay, It is hereby enacted as follows:—

CHAPTER I.
PRELIMINARY.

1. (1) This Act may be called the Bombay Primary Education Act, 1947.

3[(2) It extends to the whole of the State of Gujarat.]

(3) It shal l come into force on such date as the 4[State] Government may by
notification in the Official Gazette, appoint :

5[Provided that in the areas to which this Act is extended by the Bombay
Primary Education (Gujarat Exte nsion and Amendment) Act, 1963 this Act and
the rules made thereunder shall come into force on the date on which the
Bombay Primary Education (Gujarat Extension and Amendment) Act, 1963
Short title and
extent.
Guj. XIII of 1963.
Guj. XIII of 1963.
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comes into force.]

2. In this Act unless there is anything repugnant in the subject or context,-

(1) "Administrative Officer" means an officer appointed under section 21 or 22;

(2) "Approved school" means a primary school maintained by the 4[State]
Government or by a school board or by an authorised municiality 6[ and includes
a private primary school recognised under section 40A;]

(3) "Area of compulsion" means the area in which primary education up to any
standard is compulsory;

(4) "Area of an authorised municipality" means the area comprised within the
limits of such municipality and shall include the area of a non-authorised
municipality approved schools in which vest in or are controlled by the
authorised municipality;

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

7[(5A) "Authorised officer means such officer as the State Government may, by
order appoint;"]

(6) "Authorised Municipali ty" means a municipality which is authorised by the
4[State] Government under sub-section (1) of section 16 to control all approved
schools within its area;

(7) "Child" means a boy or girl whose age is not less than six and not more than
fourteen years at the beginning of the school year ;

Explanation.— For the purposes of this definition "School year" shall
mean the year beginning with such date as the school board [may, with the
sanction of the Director, fix;

(8) "Director" means
8[The Director of Education] 9* ;

(9) "District" in clause (h) of section 5, in section 6, sub-section (3) of section
10, 10[section 19 and section 68] means the district as formed under the Bombay
Land Revenue Code, 1879, 11[or, as the case may be, that Code as extended to
the Kutch area of the State of Gujarat] and elsewhere the area comprised in a
district so formed excluding the are as of authorised municipalities, and
cantonments;

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

12[10A) "Educational Inspector of the district" means the Educational Inspector
appointed for a district or group of districts;]

(11) "Municipal School Board" means a school board constituted for the area of
an authorised municipality under section 3;

(12) "Non- authorised Municipality" means a municipality other than an
authorized municipality;

(13) "Parent" includes a guardian or any person who has the custody of a child;

(14) "Prescribed" means prescribed by the rules made under this Act;

(15) "Primary Education" means education in such subjects and upto such
standards, as may be determined by the
13[State] Government from time to time;

(16) "Primary Education Fund" means the fund maintained under
Definitions.
Bom. V of 1879.
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(17) "Primary School" means a school or a part of a School in which primary
education upto any standard is imparted;

(18) " 14[Board] of Primary Education'' means the Board constituted under
section 58 ;

15[(18A) "Private primary school means a private primary school which is not
maintained by the State Government or by a School Board or by an authorised
municipality;]

(19) "School Board" means a district school board or a municipal school

16["(20) "Teacher" means primary school teacher;

(21) "Vidyasahayak" means a person appointed on contract to assist a teacher
and pupils (students) in a primary school under the supervision and control of the
headteacher". ]

CHAPTER II.
CONSTITUTION
OF DISTRICT AND MUNICIPAL SCHOOL BOARDS.

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

(2) For each area of an authorized municipality there shall be a municipal school
board.

4. (1) Each school board shall consist of members not less than twelve and not
more than sixteen in number.

(2) Of these members not less than two and not more than three in number shall
be appointed by the
13[State] Government.

(3) The number of members under sub-sections (1) and (2) shall be determined
by the 13[State] Government from time to time.

(4) Of the members appointed by the 13[State] Government under sub-section (2)
one shall be an Officer of the 13[State] Government, and the remaining shall be
persons (i) who shall have passed the matriculation examination or shall possess
any other equivalent or higher educational qualification which the 13[State]
Government may specify in this behalf or (ii) who have had experience of the
system or institution of primary education.

(5) (a) The members other than those appointed by the 13[State] Government
shall be elected by the district local board or the authorized municipality
as the case may be ;

Provided that where approved schools within the area of any
non-authorized municipalities are controlled by the district school board
or the authorized municipality, not more than two of such members as
may be determined by the 17[State] Government from time to time shall
be elected in the manner prescribed by the said non- authorised
municipalities, or the district school board or municipal school board, as
the case may be.

(b) Members elected under this sub-section shall not necessarily be
members of the electing local authority.

18[(c) Notwithstanding anything contained in this sub-section, in the case
of a district local board or a authorised municipality the term of office of
the members or councillors of which expires on or before the 31st day of
July, 1949, the election of the members of the school board shall not be
held by such district local board or authorized municipality, as the case
may be, until, after the ne w district local board or the authorized
municipality, has been constituted.]
School Boards.
Constitution of
school boards.
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19[(6) Of the members elected by the district local board or by the authorized
municipality such member not exceeding two as may be prescribed shall be from
amongst the Scheduled Castes and the Scheduled Tribes.]

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

Provided that persons from amongst 20[the Scheduled Castes and the
Scheduled Tribes] shall be eligible for being elected as members, if they shall
have passed atleast the primary fourth standard examination :

Provided further that out of the seats of the members to be ele cted by the
district local board or the authorised municipality not less than three shall be
reserved in the prescribed manner for persons
21[who have passed the
matriculation or the second year training certificate examination or who possess
any other equivalent or higher educational qualification which the
17[State]
Government may specify in this behalf;

22[Explanation,-For the purposes of sub-sections (6) and (7), ''Scheduled
Castes" and "Scheduled Tribes" means those Scheduled Castes and Scheduled
Tribes which are deemed to be Scheduled Castes and Scheduled Tribes in
relation to the
23[State of Gujarat] under article 341 or 342, as the caes may be,
of the Constitution.]

(8) If the 24[State] Government is satisfied that any election (including a bye -
election) cannot for any reason be held at all or cannot be completed within such
period as the 24[State] Government considers reasonable or has not resulted in
the return of the required number of qualified persons willing to take office, the
24[State] Government shall nominate from amongst persons who would have
been qualified to be elected the required number of persons as members of the
school board and the persons so nominated shall be deemed 'to have been duly
elected under sub-section (5):

25[Provided that if at any time after the nomination of such persons as
members of the school board, the State Government is satisfied that fresh
eleation, (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 office of
such members for which they had been nominated has not expired.]

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

Provided that the term of office of such members s hall not be deemed to
expire by reason only of the fact that the district local board or authorized
municipality, as the case may be, is dissolved or superseded.

(10) (a) If the term of office of the members of a school board expire during
the supersessio n of the electing district local board or authorised
municipality a new school board shall be constituted as provided in sub-
section (1) to (7) until the district local board or authorized municipality,
as the case may be, is re-established, provided that the member of such
school board shall be nominated by the
24[State] Government.

(b) The term of office of the members of the school board so nominated
shall be for such period not exceeding three years as the 24[State]
Government may determine:

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

(11) Notwithstanding 26[the cessation or expiry of the term of office of the
members] of any school board under sub-section 27[(8), (9)] or (10) they shall
continue in office until the members of a new school board are elected,
appointed or nominated, as the case may be.

(12) (a) Any member of a school board ether than the chairman or
vicechairman may resign his office by giving notice in writing to that
effect to the chairman and suck, resignation shall take effect from the
date of its receipt by the chairman.

(b) The vice-chairman may resign his office as vice-chairman or member
by giving notice in writing to that effect to the chairman. The chairman
may resign his office as chairman or member by giving notice in writing
to that effect to the president of the distric t local board or the authorized
municipality, as the case may be. Such resignation shall take effect from
the date of their acceptance by the chairman or the president.

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

28[Provided that no election shall be held to fill up a vacancy of a
member occurring within four months of the date on which the term of office of
the members of the school board expires.]

29[(14) During any vacancy the continuing members may act as if no vacancy
had occurred.]

30[(15) When any area is added to the limits of a district during the term of office
of the electing district lo cal board of the district, the 31[State] Government may,
notwithstanding anything contained in the preceding sub-sections, direct that the
school board constituted for the district may consist of 'such number of members
exceeding sixteen, and may appoint s uch persons to be the additional members
of the school board to represent the area added to the limits of the district, as it
thinks fit.]

5. No person shall be elected, appointed or nominated a member of a school board
who—

32[(a) is not a citizen of India, or has voluntarily acquired the citizenship of a
foreign State or is under any acknowledgement of allegiance or adherence to a
foreign State, or]

33[(aa)] is less than 26 years of age, or

(b) is a judge of civil court or
34[a salaried magistrate], or

(c) (i) has been sentenced by a criminal court to fine, imprisonment or
whipping for an offence involving moral turpitude and punishable 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 118
of the Code of Criminal Procedure, 1898, in proceedings instituted under
section 110 of the said Code, such order not having subsequently been
reversed or quashed, or

(iii) has been removed from office under tins Act and five years have not
elapsed from the date of such removal,

unless he has, by an order of the 32[State] Government notified in the Official
Gazette, been relieved from the disqualification arising on account of such
sentence, order or removal from office, or
Disqualifications of
members.
V of 1898.
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(d) is a stipendiary officer or an employee of any school board, or district local
board or municipality, or
Bom. VII of 1925.

(e) who has been adjudged an insolvent and has not obtained his discharge, or

(f) has, directly or indirectly, by himself or his partner, any share or interest in
any work done by order of, or in any contract entered into on behalf of the
school board or the electing local authority, or

(g) is an employee or a teacher in any approved school, or

(h) has resided within the district for a period of less than six months preceding
the date fixed for recording of votes for elections to the school board, or

(i) has been adjudged by a competent court to be of unsound mind.
Explanation— A person shall not be deemed to have incurred disqualification
under clause (f) by reason of his—

(a) having any share or interest in any lease, sale or purchase of any
immovable property or in an ag reement for the same if before taking his
seat as a member of the school board, he has obtained the sanction of the
35[State] Government to have such share or interest, or

(d) having a share or interest in any joint stock company or in any
society registe red or deemed to be registered under the Bombay Co-
operative Societies Act, 1925, which may contract with or be employed
by or on behalf of the school board or the electing local authority, or

(c) having a share or interest in any newspaper in which any
advertisement relating to the affairs of the school board or the electing
local authority may be inserted, or

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

(e) having a share or interest in the occasional sale to the school board or
electing local authority of any article in which he regularly trades, or in the
purchase from the school board or the electing local authority of any article, to a
value in either case not exceeding in any official year five hundred rupees, or
such higher amount not exceeding two thousand rupees as the school board or
the electing local authority with the sanction of the 35[State] Government may fix
in this behalf, or

(f) having a share or interest in the occasional letting out on hire to the school
board or the electing local authority or in the hiring from the school board or the
electing local authority of any article for an amount not exceeding in any official
year fifty rupees, or such higher amount not exceeding two hundred rupees as the
school board or the electing local authority with the sanction of
35[State]
Government may fix in this behalf, or

(g) being a police patel who is an ex-officio keeper of village cattle pounds under
the control of the electing local authority.

6. (1) If the validity of the election of a member of a school board is brought in
question by an unsuccessful candidate or by any person qualified to vote at the
election, such person may, at any time within fifteen days after the date of the
declaration of the result of the election, apply to the District Judge of the district
within which the election has been or should have been held for the
determination of such question.

(2) An enquiry shall thereupon be held by a Judge not below the grade of an
Assistant Judge and such Judge may, after such enquiry as he deems necessary,
pass an order confirming or amending the declared result of the election or
Determination of
validity of
elections; enquiry
by Judge:
procedure.
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setting the election aside. For the purposes of the said enquiry, the said Judge
may exercise any of the powers of a civil court, and his decision shall be
conclusive. If he sets aside an election, a date shall forthwith be fixed, and
necessary steps taken for holding a fresh election.

(3) All applications received under sub-section (1)— .

(a) in which the validity or the election of members is in question shall
as far as possible, be heard by the same Judge, and

(b) in which the validity of the election of the same member is i n
question shall be heard together.

(4) Notwithstanding anything contained in the Code of Civil Procedure 1908, the
Judge shall not allow

(a) any application to be compromised or withdrawn, or

(b) any pleadings in the proceedings to be altered or amended, unless he
is satisfied that such application, alteration or amendment is bonafide and
not conclusive.

(5) (a) If on holding such enquiry the Judge finds that a candidate has for the
purpose of the ele ction committed a corrupt practice within the meaning
of sub-section (6), he shall declare the candidate disqualified both for the
purpose of that election and of such fresh election as may be held under
sub-section (2), and shall set aside the election of such candidate if he
has been elected.

(b) If, in any case to which clause (a) does not apply, the validity of an
election is in dispute between two or more candidates, the Judge shall
after a scrutiny and computation of the votes recorded in favour of e ach
such candidates, declare the candidate who is found to have the greatest
number of valid votes in his favour to have been duly elected:

Provided that for the purpose of such computation no vote shall
be reckoned as valid if the Judge finds that any corrupt practice was
committed by any person, known or unknown, in giving or obtaining it.

(6) A person shall be deemed to have committed a corrupt practice—

(a) who, with a view to inducing any voter to give or refrain from giving
a vote in favour of any candidate, offers or gives any money or valuable
consideration, or holds out any promise of individual profit or holds out
any threat of injury to any person; or

(b) who gives, procures or abets the giving of a vote in the name of a
voter who is not the person giving such vote;

and a corrupt practice shall be deemed to have been committed by a
candidate, if it has been committed with his knowledge and consent, or
by a person who is acting under the genera! or special authority of such
candidate with reference to the election.

Explanation.— The expression "a promise of individual profit"

(i) does not include a promise to vote for or against any particular
measure which may come before a school board for
consideration, but

(ii) subject thereto, includes a promise for the benefit of the
person himself or any person in whom he is interested.

(7) If the validity of the election is brought in question only on the ground of an
irregularity or informality which has not materially affected the result of the
V of. 1908.
The Bombay Primary Education Act, 1947
13 of 43
election or which has not been corruptly caused, the Judge shall not set aside the
election.

(8) If the Judge sets aside an election under clause (a) of sub-section (5) he may,
if he thinks fit, declare any person by whom any corrupt practice has been
committed within the meaning of sub -section (6) to be disqualified from being a
member of any school board for a term of years not exceeding five and the
decision of the Judge shall be conclusive :

Provided that no such declaration shall be made in respect of any person
without such person being given an opportunity to show cause why such
declaration should not be made :

Provided further that such person may by an order of the
36[State]
Government in that behalf beat any time relieved from such disqualification.

37[6A. (1) If it appears to the State Government on representation being made to it that a
member of a school board was disqualified for being such member under the
provisions of section 5 or section 9-A at the time when such member was
elected, appointed or nominated and the member dotes no admit that he was so
disqualified, the question shall be decided by the State Government and its
decision shall be final.

(2) No such representation shall be entertained,-

(i) if it is made by a person who is or was entitled to file an application to
the District Judge under section 6 to question the validity of the election
of the member,

(ii) if it is made before the expiration of the period pres cribed for such
application under the said Section, or

(iii) if an application to the District Judge under section 6 is pending or
has been tried, unless the State Government is satisfied that the question
of the member's disqualification by reason of the se circumstances was
not or could not have been raised in such proceedings.

(3) Where in relation to proceedings under sub-section (1) the member admits
that he was disqualified under the provisions of section 5 or section 9-A or where
under the aforesaid sub-section the State Government decides that the member
was disqualified, his seat shall thereupon become vacant; but no person who
does not admit that he was disqualified, shall be held to be disqualified unless
such decision has been arrived at after giving such person reasonable opportunity
to show cause.]

7. (1) If any member of a school board, during the term for which he has bee n
elected, appointed or nominated—

38[(a) absents himself from the meetings during the three successive
months or from three consecutive meetings of the school board
whichever period is longer, without the 39[*] permission of the Board, or]

(b) becomes subject to any of the disqualifications mentioned in
40[section 5] he shall be disabled from continuing to be a member of such
board and his seat shall be deemed to be vacant:

Provided that he shall not be deemed to have incurred any
disqualification under clause (f) of section 5 by reason of his having any
share or interest in any leas e, sale or purchase of any immovable
property or in any agreement for the same, if he has obtaine d the
previous sanction of the 5[State] Government to have such share or
interest.

(2) If any question, dispute or doubt arises whether a vacancy has occurred under
this section, the orders of the
41[State] Government shall be final for the purpose
of deciding such question, dispute or doubt.
Disqualification at
time of election,
etc., discovered
subsequently.
Disqualification
after becoming
member.
The Bombay Primary Education Act, 1947
14 of 43

42[7A. (1) If any person sit or votes as a member of a school board wh en he knows that
he is not qualified or that he is disqualified for membership thereof, he shall
upon it being so found by the Collector be liable in respect of each day on which
he so sits or votes to a penalty of 50 rupees to be recovered as an arrear of land
revenue.

(2) The Collector shall give such person a reasonable opportunity of being heard
and shall record his decision, and the reasons therefor, in writing.

(3) Any person found liable to pay a penalty under this section, may within
fifteen days of such decision appeal to the State Government and the decision of
the State Government shall be final.]

8. A member shall not Vote or take part in a discussion on any matter before a Meeting
of school board in which he has directly or indirectly, by himself or his partner, any
share or interest such as is described in clause (f) of section 5 or in which he is
professionally interested on behalf of a client, principal or other person. The vote so
given shall not be counted.

9. The 41[State] Government may on its own motion or on the recommendation
supported by a resolution passed by atleast two-thirds of the whole number of members
of—

(i) a school board, or

(ii) the district local board or the authorised municipality which elected the
members,

remove any member elected, appointed or nominated on the school board, if
such member has been guilty of misconduct in, the discharge of his duties or of
any disgraceful conduct or has become in capable of performing his duties as a
member by reason of any physical or mental infirmity:

Provided that no person shall be so removed nor shall any resolution
recommending the removal of any member be passed unless the member to
whom it relates has been given a reasonable opportunity of showing cause why
he should not be so removed or why such recommendation should not be made.

43[9A. If any person, who was a member of a school board and who had resigned his
office as such member, has been, after due. inquiry, found guilty of misconduct in the
discharge of his duties, or of any disgraceful conduct as a member, the State
Government may by an order notified in the Official Gazette declare him
notwithstanding the fact that he had resigned his office as such member, to be
disqualified for being elected, appointed or nominated a member of any school board
from such date and for such period not excee ding five years as may be specified in the
order. The State Government may at any time by like order remove the disqualification
so incurred by any person. The decision of the State Government under this section shall
be final.]

10. (1) Every school board shall elect a chairman and a vice -chairman from amongst
the members of the board.

(2) A chairman or a vice -chairman shall be removable from office by a
resolution passed to that effect, provided that atleast two-thi rds of the total
number of members of the school board vote in favour of such resolution or
where the number of such members voting in favour of such resolution is less
than two-thirds but more than one -half of the total number of members of the
school board sanction is accorded by the
44[State] Government for such removal
and provided further, that before such resolution is passed the chairman or vice -
chairman is given atleast two weeks' notice of such resolution and a reasonable
opportunity of showing cause why such resolution should not be passed.

(3) Every chairman or vice -chairman who, for a continuous period exceeding
three months; absents himself from the district without leave of the school board
Penalty for sitting
or voting when
disqualified.
Disabilities on
account of interest
in subject matter.
Removal of
members of school
board for
misconduct.
Disqualification of
person for
misconduct after he
has resigned as
member,
Election of
chairman and
vicechairman.
The Bombay Primary Education Act, 1947
15 of 43
shall cease to be chairman or vice-chairman

(4) No l eave shall be granted by the school board under sub-section (3) for a
total period exceeding six months during the term of the school board.

(5) Whenever leave is granted to a vice -chairman under sub-section (3) a
member shall be elected to be vice-chairman during the period of such leave.

45[10A. (1) Notwithstanding anything contained in this Act and save as otherwise
provided in section 12A, in any district for which a district local board has not
been established, the power and duties of the district school board under this Act
shall be exercised and performed by such authority as the 44[State] Government
may appoint. The exercise of such powers and the performance of such duties
shall be in accordance with such directions as the
44[State] Government may
from time to time give.

(2) The 44[State] Government shall maintain such number of primary schools in
such district as it may from time to time determine.

(3) When a di strict local board is established for such dist rict, the 46[State]
Government may by order direct that with effect from such date as may be
specified in the order, hereinafter in this section referred to as the said date,—

(a) such primary schools with their la nds, buildings, records and
equipment as may be specified in the order shall vest in the district
school board constituted for the district,

(b) such primary school teachers and other persons as may be specified
in the order, who were employed for t he purpose of the primary schools
maintained by the
46[State] Government immediately before the said
date, shall be taken over and employed by the said district school board,
on the same terms and conditions on which they were employed
immediately before t he said date or on such other terms and conditions,
as the
46[State] Government may direct.]

CHAPTER III.
POWERS DUTIES AND FUNCTIONS OF DISTRICT SCHOOL BOARD,
AUTHORISED MUNICIPALITIES AND MUNICIPAL SCHOOL BOARDS.
A. District School Boards.

11. Every district school board shall be a body corporate by the "The District School
Board of......", and shall have perpetual succession and common seal and may sue and be
sued in its corporate name, and shall be competent to acquire and hold property both
moveable and immovable, whether within or without the limits of its area, to lease, sell
or otherwise transfer any moveable or immovable property which may have become
vested in or been acquired it, and to contract and do all things necessary for the purposes
of this Act.

12. (1) Notwithstanding anything contained in any law,
47[on the date of the coming
into force of this Act (hereinafter in this section referred to as "the said date")] all
primary schools with their lands, buildings, records and equipment and all other
properties, moveable or immovable, which were vested, in held by or were under
the control of
48[a district local board] for the purpos e of primary education
immediately before 49[the said date] shall on 50[the said date] be vested in, held
by or be under the control of the district school board for the said purposes:

Provided that in the event of any question, dispute or doubt arising as to
whether any particular property shall so vest in or be held by or under the control
of the district school board, the matter shall be referred to the
46[State]
Government whose decision thereon shall be final.

∗ (2) 51[0n the said date] every district local board shall transfer and every district
school board shall take over and employ such primary school teachers and other
persons as were employed by or under the district local board on
52[the said date]
for the purposes of primary education, on the same terms and conditions on
which such teachers or persons were employed by or under the said district local
Authority in place
of district school
board where there is
no district local
board.
Incorporation of
district school
boards.
Vesting of property
in and absorption of
staff by district
school board.
The Bombay Primary Education Act, 1947
16 of 43
board.
(3) The existing and future rights, liabilities, duties and powers of the district
local board in respect of such teachers or other persons so far as they are not
inconsistent with the provisions of this Act or the rules or regulations made there
under shall vest in and be performed or exercised by the said district school
board on and as from 53[the said date].

54[(4) In the Kutch area of the State, the foregoing provisions of this section shall
have effect subject to the following modifications, namely.—

(i) in sub-section (1), for the words "on the date of the coming into force
of this Act" the words "on such date as the State Government may, by
notification, in the Official Gazette, specify" shall be substituted ;

(ii) after the words "district local board" wherever they occur, the words
"or, as the case may be, the State Government" shall be inserted.]

55[(5) (a) If on the date specified under sub-section (1), a district school board
has not been constituted in the district of Kutch but taluka panchayats
and a district panchayats have been constituted in that district under the
Gujarat Panchayats Act, 1961, then all primary schools with their lands,
buildings, records and equipment and all other properties, movable or
immovable which in the said district were vested in, held by or were
under the control of the State Government for the purposes of primary
education immed iately before the said date shall on the said date be
vested in, held by or be under the control of the said taluka panchayats or
the district panchayats, as the case may be, in accordance with the
distribution made in that behalf by the State Government by an order
under clause (b).

(b) For the purposes of clause (a) the State Government, having regard to
the functions and duties of a taluka panchayat and a district panchayat in
the sphere of primary education under Schedule II and Schedule III to
the Gujarat Panchayats Act, 1961, may by an order in writing direct—

(i) that the primary schools with their lands, buildings, records
and equipment and all other properties, moveable or immovable
vesting in it or held by it or under its control shall vest in be held
by or be under the control of a taluka panchayat or district
panchayat as may be specified in the order; and

(ii) that such of the powers, functions and duties of a district
school board under this Act shall be exercised and perform ed by
a taluka panchayat or district panchayat as may be specified in
the order.]

13. (1) Subject to the provisions of this Act and tie rules made thereunder, tie district
school board shall have control over all approved schools within the district and
may grant aid to any approved school other than a primary school maintained by
the 56[State] Government or by a school board or by an authorized municipality.

(2) Sublet to the provisions of this Act and the rules made thereunder, and so far
as its primary education fund will allow, the district school board shall perform
the following duties and functions:—

(a) to provide for the welfare of the children attending primary schools;

(b) to maintain an adequate number of primary schools;

(d) to maintain an adequate staff of Assistant Administrative Officers,
Supervisors, Attendance Officers, clerks, teachers, inferior servants and
other staff as may in the opinion of the 56[State] Government be
Guj. VI of 1962.
Guj. VI of 1962.
Powers, duties and
functions of district
school boards.
The Bombay Primary Education Act, 1947
17 of 43
necessary;

57[(dd) to maintain such number of Vidyasahayaks as may, in the opinion
of the State Government or an authorised officer, as the case may be, be
necessary;”.]

(e) to maintain an adequate number of engineering staff required for the
construction and maintenance of schools and other buildings;

(f) to determine, on the recommendation of the Administrative Officer,
the distance measured according to the nearest road between an approved
school and the residence of a child for purposes of clause (c) of section
33 ;

(g) to determine with the approval of the Educational Inspector the '
hours of instruction and

Excerpt shown. Open the full act in Lexace.

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