The Gujarat State School Service Commission Act, 2013.

Extra No. 5 REGISTERED No. L2/RNP/G/GNR/84 
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tEbe clujarat clobernment ~a,ette 
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PUBLISHED BY AUTHORITY 
Vol. LV] SATURDAY, JUNE 7, 2014/JYAISTHA 17, 1936 
Separate paging is given to this Part in order th.at it may be filed as a Separate Compilation. 
PART IV 
Acts of Gujarat Legislature and Ordinances promulgated and 
·Regulations made by the Governor. 
The following Act of the Gujarat Legislature, having been 
assented to by the Governor on the 6th June, 2014 is hereby 
published for general information. 
ARVIND AGARWAL, 
Principal Secretary to the Government of Gujarat, 
Legislative and Parliamentary Affairs Department. 
GU.JARAT ACT NO. 5 OF 2014. 
(First published, after having received the assent of the Governor, in 
the "Gujarat Government Gazette", on the 7th June, 2014). 
AN ACT 
to establish a State School Service Commission for recruitment of teachers 
and headmasters in the registered private Secondary and Higher Secondary 
Schools including Primary Schools receiving grants-in- aid from the State 
Government and for the matters connected therewith or incidental thereto. 
It is hereby enacted in the Sixty-fourth Year of the Republic oflndia as 
follows: -
1. (1) This Act may be called the Gujarat State School Service Commission Act, 
2013. 
(2) It extends to the whole of the State of Gujarat. 
(3) It shall apply to the Government-aided private Secondary, Higher 
Secondary and Primary Schools. 
(4) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint. 
IV.Ex.,-5-1 5-1 
Short title, 
extent, 
commencement 
and application. 
5-2 
Definitions. 2. 
GUJARAT GOVERNMENT GAZETTE, EX., 07-06-2014 [PART IV· 
In this Act, unless the context other wise requires, --
(1) (a) "Board" means the Gujarat Secondary and Higher Secondary 
Education Board established under the Gujarat Secondary and <;uj. 18of1973. 
Higher Secondary Education Act, 1972; . 
(b) "Chairman" means the Chairman of the Commission appointed 
under section 4; 
( c) "Commission" means the Gujarat State School Service 
Commission constituted under section ~; 
(d) "headmaster" means the head of the teaching staff of a school 
. by whatever name designated; 
(e) "higher secondary education" shall have the meaning as 
(/) 
defined by clause (hh) of section 2 of the Gujarat Secondary Guj. 18 of 1973. 
and Higher Secondary Education Act, 1972; 
"higher secondary school" shall have the meaning as defined 
by clause (hhh) of section 2 of the Gujarat Secondary and Guj. 18of1973. 
Higher Secondary Education Act, 1972; 
(g) "member" means a member of the Commission and includes 
the Chairman; 
(h) "prescribed" means prescribed by rules made under section 16; 
(i) "primary edl1cation" shall have the meaning as defined by 
clause (15) of section 2 of the Gujarat Primary Education Act, Born. LXI of 1947. 
1947; 
(j) "primary school" shall have the meaning as defined by clause 
(17) of section 2 of the Gujarat Primary Education Act, 194 7; Born. LXI of 1947. 
(k) "regulations" means the regulations of the Commission made 
under section I 7; 
(l) "school" means a recognised Government aided-
(i) primary school or educational _institution or part or the 
department of such school or institution imparting 
instruction in primary education, or 
(ii) secondary school or educational institution or part or the 
· department of such school or institution imparting 
instruction in secondary education, or 
(iii) higher secondary school or educational institution (other 
than a college) or part or the department of such school 
or institution imparting instruction in higher secondary 
education; 
,. 
PART .IV] GUJARAT GOVERNMENT GAZETTE, EX., 07-06-2014 5-3 
(m) "secondary education" shall have the meaning as defined by 
Guj.18 clause (u) of section 2 . of the Gujarat Secondary and Higher 
of 1973. 
Guj.18 
of 1973. 
Secondary Education Act, 1972; 
(n) "secondary school" shall have the meaning as defined by clause 
(v) of section 2 of the Gujarat Secondary and Higher Secondary 
Education Act, 1972; 
(o) 
(p) 
"Secretary" means the Secretary of the Commission; 
''teacher" means an assistant teacher or any other person 
holding a teaching post in a school and includes the headmaster. 
(2) Words and expressions used but not defined in this Act shall have the 
Bom.LXI of meanings respectively assigned to them under the Gujarat Primary Education 
1947. 
Guj.18 of Act, 1947 or the Gujarat Secondary and Higher Secondary Education Act, 
1973. 
1972. 
3. ( 1) For the purpose of selection of persons to the posts of teachers and Constitution 
of Commission. 
·headmasters in the grant-in-aid priv ~ + - .,~hools, the State Government shall, by 
notification in the Official Gazette, constitute a Commission by the name of 
the "Gujarat State School Service Commission" with effect from such date as 
it may specify in the notification. 
(2) · (i) The Commission shall consist of three members out of whom one 
shall be the Chairman. 
4. 
(ii) Of the three members as aforesaid, one shall be a person who; not 
being an educationist, occupies or has occupied, in the opinion of the 
State Government, a position of eminence in public life or in judicial or 
administrative service, and the remaining members shall have teaching 
experience, either as a teacher of a University or as a principal of a 
college for a period of not less than ten years, or as a teacher other than 
principal of a college, or as a headmaster, for a period of not less than 
fifteen years. 
(1) (i) The Chairman and other members shall be appointed by the 
State Government. 
(ii) The Chairman and other members shall hold office for a term 
of four years: 
Provided that a person who has held office of the Chairman or other . 
member shall, on the expiration of the term of his office, be eligible for 
further appointment as the Chairman or the member: 
Provided further that no person who has attained the age of sixty-two 
years shall be eligible to hold office as the Chairman or the member. 
Appointment 
and terms ·and 
conditions of 
service ofa 
Chairman and 
members. 
5-4 . GUJARAT GOVERNMENT GAZETTE, EX., 07-06-2014 
(2) If the office of the Chairman or any other member becomes vacant by 
reason of resignation or otherwise or if the Chairman is, by reason of 
absence or for any other reason, unable to perform the duties of his 
office, then, until a Chairman or other member is appointed under sub­
section (1) or until the Chairman or the member resumes his duties, as 
the case may be, the duties of the Chairman or the other member, as the 
case may be, shall be performed by such other member as the State 
Goverr.unent may appoint in this behalf. 
(3) The Chairman or any other member may resign his office by writing 
under his hand addressed to the State Government, but he shall continue 
in the office until the resignation is accepted by the State Government. 
( 4) (i) The Chairman shall be a whole-time salaried officer and the other 
members shall be honorary . 
(ii) The salary of the Chairman and the honorarium of the other 
members shall be such as may be determined by the State 
Government. 
(iii) Subject to the foregoing provisions of this sub-section, the other 
terms and conditions of office of the Chairman and other members 
shall be such as may be prescribed. 
Disqualificati-Ons 5. The State Government may, after making an inquiry in such manner as may 
of member. be prescribed , remove the Chairman or any member from his office if he:---
(i) is adjudged insolvent; or 
(ii) is of unsound mind and stands so decla red by the competent court; 
or 
(iii) is convicted of any offence which , in the opinion of the State 
Government involves moral turpitude; or 
(iv) is found guilty of misconduct in discharge of his duties; or 
(v) has become phys ically or mentally incapable of discharging duties 
as a Chairman or the member. 
Staff of 6. ( 1) The staff of the Commission shall consist of -
Commission. 
(i) Secretary, who shall be appointed by the State Government , and 
(ii) such other employees as the Commission may, with the previous 
approval of the State Government , appoint. 
(2) The salary of the Secretary and other employees of the 
Commission shall be such as may be determined by the State Government. 
(3) The other terms and conditions of service---
(i) of the Secretary shall be such as may be prescribed, and 
(ii) of the other employees of the Commission shall be such .as 
may be provided for by regulations . 
[PART IV 
\. 
PART IV] GUJARAT GOVERNMENT GAZEITE, EX., 07-06-2014 5-5 
45of 
1860. 
7. (1) Notwithstanding anything contained in any other law for the time Functions of 
being in force or in any contract, custom or usage to the contrary, it shall be. Commission. 
the duty of the Commission to select persons for appointment to the. posts of 
teachers in schools. 
(2) It shall be the duty of the Commission to advise the State Government on 
such matters as may be referred to it by the State Government. 
8. (1) The procedure for selection of persons for appointment to the posts Manner and 
of teachers shall be such as may be prescribed. sco1 pe.of f se ect1on o 
person·s and 
(2) The manner in which the Commission shall conduct its business shall be procdedutreffor con uc o 
such as may be prescribed by regulations. business of 
· Commission. 
9. (1) Notwithstanding anything contained in any other law for the time No 
being in force or in any contract, custom or usage to the contrary, no appointment of teachers 
appointment to the posts of teachers in a school shall be made by the except on 
managing committee, by whatever name called, except on the recommend-
recommendation of the Comnlission. dation of Commission. 
(2) Any appointment of a teacher made on or after the commencement of this 
Act in contravention of the provisions of this Act shall be invalid and shall 
have no effect and the teacher so appointed shall not be a teacher within the 
meaning of clause (p) of section 2. 
10. Notwithstanding anything contained in this Act, the terms and Protection of 
conditions of service of teachers of a school appointed immediately before the Teachers . 
commencement of this Act shall not be varied to the disadvantage of such 
teachers in so far as such terms and conditions relating to the appointment of 
such teachers to . the posts held by them immediately before the 
commencement of this Act. 
11. The Commission may call for any record, report or other information Commission 
from any ~chool or the Board if, in its opinion , such record, report or other to call for 
• .c: • • fi ffi . d.. h f . fun . d h h 1 records, etc. m1ormat1on is necessary or e ic1ent 1sc arge o its ct10ns, an t e sc oo 
or the Board, as the case may be, shall furnish such record, report or other 
information to the Commission. 
12. The Commission shall submit annually to the State Government a Report or 
report as to the activities carried out by it in performance of its duties and as Commission. 
soon as may be ·after the receipt of such report, the State Government shall 
cause a copy thereof to be laid before the State Legislature. 
13. The Chairman and other members and persons appointed under this Members, 
Act shall, while acting or purporting to act under this Act, or any rules or etc;,:.0 be 
regulations made there under be deemed to be public servants within the ~':.v~:ts. 
meaning of section 21 of the Indian Penal Code. 
PART IV] · . GUJARAT GOVERNMENT GAZETTE, EX., 07-06-2014 
(2) In particular, and without. prejudice to ·the generality of the foregoing 
power, such regulations may provide for all or any of the following matters, 
namely:--
(ii) 
(iii) 
the other terms and conditions of service of the employees of the 
Commission under clause (ii) of sub-section (3) of sectign 6; 
the manner for the conduct of business of the Commission under sub­
section (2) of section 8; 
any other matter which may be, or is required to be, prescribed by 
regulations. 
18. In the performance of its functions under this Act, the Commission 
shall be bound by such directions on questions of policy as the State 
Government may give in writing to it from time to time in conformity with the 
provisions of this Act. 
19. (1) If any difficulty. arises in giving effect to the provisions of this Act, 
the State Government may, by order published in the Official Gazette, make 
such provisions not inconsistent with the provisions of this Act as appear to it 
to be necessary or expedient for removing the difficulty:,, 
Provided that no such order shall be made under this section after the 
expiry of three years from the commencement of this Act. 
(2) Every order inade under this section shall be laid as soon as may be after it 
is made before the State Legislature. 
20. (1) If the State Government is of the opinion that the Commission has 
failed to discharge its functions in accordance with the provisions of this Act, 
the State Government may, by an order published in the Official Gazette, and 
stating the reasons therefore, dissolve the Commission with effect from such 
date as may be specified in the order. 
(2) Upon the dissolution of the Commission under sub-section (1), all the 
members of the Commission shall be deemed to have vacated their offices 
with effect from the date of such dissolution. 
(3) The State Government may, at any time after the ~issolution of the 
Commission '1Ilder sub-secticm (1), reconstitute the Commission in accordance 
with the provisions of this Act. 
21. Each of the Acts specified in the second column of the Schedule shall 
be amended in the. manner and to the extent specified against it in the third 
column thereof. 
5-7 
Power of State 
Government 
to give 
directions. 
Power to 
remove 
difficulties. 
Dissolution 
of 
Commission. 
Amendment 
of Bom. LXI 
of1974and 
Guj . 18of 
1973. 
5-8 
Sr. 
No. 
1 
1. 
2. 
GUJARAT GOVERNMENT GAZETIE, EX., 07-06-2014 [PART IV 
Short title. 
2 
The Gujarat 
Primary 
Education Act, 
i947(Bom. LXI of 
1947). 
The Gujarat 
Secondary and 
Higher 
Secondary 
Education Act, 
1972 (Guj. 18 of 
1973). 
I 
SCHEDULE 
Insertion of 
new section 
23Bin ·Bom. 
LXI of1947. 
Amendment 
of section 17 
ofGuj.18 of 
1973. 
Amendment I 
of section 34 
ofGuj.18 of 
1973. 
Substitution 
of section 35 
ofGuj.18 of 
1973. 
Extent of Amendment. 
3 
After section 23A, the following section shall 
be inserted, namely:-
Selection of 
teachers and 
headmasters 
in 
Government 
aided 
private 
primary 
schools. 
"23B. Notwithstanding I 
anything contained in this Act, 1 
the selection of teachers and 
headmasters of registered 
Government aided private 
primacy schools shall be made 
by the Gujarat State School 
Service Commission 
constituted under section 3 of 
the Gujarat State School 
Service Commission Act, of 
2013.". 
1. In section 17, in clause (26), after the 
words "method of selection", the bracket 
and words "(except for headmasters and . 
teachers of registered Government aided 
private secondary and higher secondary 
schools)" shall be inserted. 
2. In section 34, in sub-section (2), after 
the word "recruitment", the bracket and 
words "(except for headmasters and 
teachers of registered Government aided 
private secondary and higher secondary 
schools)" shall be inserted. 
3. For section 35, the following section 
shall be substituted, namely:-
"35. The selection of 
Selection of teachers and headmasters of 
teachers and 
headmasters. registered Government aided 
private secondary and higher 
secondary schools shall be 
made by the Guj~at State 
School Service · Commission 
constituted under section 3 of 
the Gujarat State School 
Service Commission Act, of 
2013.". 
Government Central Press, Gandhinagar. 
Guj. Sof ... 
2014. 
Guj. 5 of 
2014. 
.-

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