LexThe Gujarat Secondary and Higher Secondary Education Act, 1972
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Open in Lexace · Ask the AI about this actGOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
GUJARAT Act No. 18 of 1973
The Gujarat Secondary And Higher Secondary
Education Act, 1972
( As modified up to the 31st January, 2017)
☼
PRINTED IN INDIA BY THE MANAGER GOVERNMENT PRESS, V ADODARA.
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, AND STATIONERY ,
GANDHINAGAR, GUJARAT STATE.
2017
(Price : ` 29-00 )
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H-2006-830 Bks.-02-2017.
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
GUJARAT Act No. 18 of 1973
The Gujarat Secondary And Higher Secondary
Education Act, 1972
( As modified up to the 31st January, 2017)
☼
PRINTED IN INDIA BY THE MANAGER GOVERNMENT PRESS, V ADODARA.
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, AND STATIONERY ,
GANDHINAGAR, GUJARAT STATE.
2017
(Price : ` 29-00)
PRINTED AT THE GOVERNMENT PRESS, V ADODARA.
PB Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18 1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 i
The Gujarat Secondary And Higher Secondary Education Act, 1972
----------------
CONTENTS.
Preamble. Page No.
SectioNS.
CHAPTER I.
PRElImInARy.
1. Short title, extent and commencement. 1
2. Definitions. 1
CHAPTER II.
ConsTITuTIon, InCoRPoRATIon And PowERs of BoARd.
3. Constitution and incorporation of Board. 3
4. Head quarters of Board. 6
5. Term of office and conditions of service of Chairman, Deputy Chairman and 6
nominated members.
6. Terms of office of members of Board. 6
7. Temporary vacancy of Chairman and Deputy Chairman. 6
8. Disqualifications of Chairman, Deputy Chairman and members of Board. 6
9. V acancy of member owing to disqualification. 7
10. V acancy of member owing to absence without premission. 7
11. Decision of question as to vacancy. 7
12. V acancy to be notified. 7
13. Resignation of member. 7
14. Removal of member. 7
15. Meetings of Board. 7
16. Power to invite experts and officers at meetings. 8
H-2006—(i)
ii Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18 1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 iii
SectioNS. Page No.
17. Powers and duties of the Board. 8
18. Committees. 11
19. Powers of Chairman and Deputy Chairman. 11
20. Appointment, powers and duties of Secretary, Joint and Assistant Secretaries of the 12
Board.
21. Other officers and servants of the Board. 12
22. Salaries and allowances and other conditions of service of Secretary, Joint and 12
Assistant Secretaries and of officers and servants of Board.
CHAPTER III.
fInAnCE, ACCounTs And AudIT.
23. Board’s Fund, its custody and investment. 12
24. Board to pay costs from the Fund on account of salary, pension, etc. 13
25. Grants to Board. 13
26. Power of Board to borrow. 13
27. Application of fund. 13
28. How the fund shall be drawn against. 13
29. Preparation of annual budget estimates. 13
30. Annual accounts and audit. 13
CHAPTER IV .
REgIsTRATIon.
31. Prohibition against imparting of secondary education and higher secondary 14
education without registration.
32. Maintenance of register upto date. 15
CHAPTER V .
TAkIng ovER mAnAgEmEnT.
33. Taking over management of registered schools. 15
ii Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18 1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 iii
SectioNS. Page No.
CHAPTER VI.
PRovIsIons RElATIng To sERvICEs In REgIsTEREd PRIvATE
sECondARy sCHools.
34. Recruitment and conditions of service of persons appointed in registered private 16
secondary schools or registered private higher secondary schools.
35. Selection of teachers and headmasters. 17
36. Dismissal, removal and reduction in rank of certain presons. 17
37. Certain contracts null and void. 17
38. [Deleted.] 17
39. [Deleted.] 17
40. [Deleted.] 17
40A. Savings. 17
CHAPTER VII.
offEnCEs And PEnAlTIEs
41. Prohibition against appointment. 18
42. Penalty for contravention of certain provisions. 18
43. Penalty for disclosure of particulars of certain documents. 18
44. Prohibition against discontinuance of school. 18
CHAPTER VIII.
mIsCEllAnEous.
45. Casual vacancies. 19
46. Acts and proceedings not to be invalid by reasons of vacancies of defects in 19
constitution.
47. Information, returns, etc. to be furnished by Board. 19
48. Powers of State Government to issue directions. 19
49. Chairman, Deputy Chairman, etc. to be public servants. 19
50. Indemnity for acts done in good faith. 19
iv Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18 1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 PB
SectioNS. Page No.
51. Dissolution or supersession of the Board in certain circumstances. 20
52. Exemption. 20
53. Power of Board to make regulations. 20
54. First regulation. 21
55. Power of the Board to make by-laws. 21
56. Interpretation in case of doubts. 21
57. Repeals and savings. 21
58. Power to remove difficulties. 22
59. Amendment of certain provisions of Acts relating to certain Universities in the 22
State.
sCHEdulE. 23
1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 1
GUJARAT ACT NO. 18 OF 19731*
[The GujaraT Secondary 2[and hiGher Secondary] educaTion AcT, 1972.
[28th September, 1973.]
Amended by Guj. 25 of 1973.
,, ,, ,, 32 of 1978.
,, ,, ,, 8 of 1983.
,, ,, ,, 3 of 1997.
,, ,, ,, 1 of 1999.
,, ,, ,, 14 of 2002.
,, ,, ,, 2 of 2010.
,, ,, ,, 20 of 2013.
,, ,, ,, 5 of 2014.
An Act to provide for the regulation of Secondary
2[and Higher Secondary] education
in the State of Gujarat and to establish a Board for that purpose.
It is hereby enacted in the Twenty-third Year of the Republic of India as follows:–
CHAPTER I.
Preliminary
1. (1) This Act may be called the Gujarat Secondary 3[and Higher Secondary]
Education Act, 1972.
(2) It extends to the whole of the State of Gujarat.
(3) This section shall come into force at once; and the remaining provisions of this
Act shall come into force on such date as the State Government may, by notification in the
Official Gazette, appoint.
2. In this Act, unless the context otherwise requires:–
(a) “appointed day” means the date on which the remaining provisions of this Act
come into force under sub-section (3) of section 1;
(b) “Board” means the Gujarat Secondary 4[and Higher Secondary] Education Board
established under section 3 ;
(c) “by-laws” means by-laws made by the Board under section 55;
(d) “Chairman” means the Chairman of the Board;
(e) “Committee” means a Committee appointed under section 18;
(f) “Deputy Chairman” means the Deputy Chairman of the Board;
(g) “guaranteed staff” means the staff comprising teachers and members of the non-
teaching staff, the terms and conditions of whose service in a Government secondary school
5[or a Government higher secondary school] are, on their transfer to a private secondary
school 6[or private higher secondary school] guaranteed by the State Government;
1. For Statement of Objects and Reasons see Gujarat Government Gazette, Extraordinary, Part V , dated 10th
August, 1972, page 241, and for the Report of the Select Committee, see Gujarat Government Gazette,
Extraordinary, Part V , dated 8th January, 1973, page 2.
* This Act was assented to by the President on the 28th September, 1973.
2. These words were inserted by Guj. 14 of 2002, s. 3.
3. These words were inserted, ibid., s. 3.
4. These words were inserted, ibid., s. 4 (1).
5. These words were inserted, ibid., s. 4 (2) (i).
6. These words were inserted, ibid., s. 4 (2) (ii).
Short title, extent
and commencement.
Definitions.
2 Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18
(h) “headmaster” means the head of the teaching and non-teacher staff of a secondary
school 1[or a higher secondary school] by whatever style designated;
(hh) 2[“higher secondary education” means education including post basic education
from eleventh standard to twelth standard;
(hhh) “higher secondary school’ means a school imparting higher secondary education;
(hhhh) “Higher Secondary School Certificate Examination” means an examination of
the students in the twelth standard;]
(i) “hostel” means a unit of residence of students maintained by a registered school;
(j) “manager” in relation to any school means a person or a body of persons in
charge of the control or management of the school;
(k) “non-teaching staff” means such staff of a registered school, as is appointed to
perform any duty or function other than that of teaching;
(l) “post basic education” means secondary education
3[or higher secondary education]
imparted through a productive craft;
(m) “post basic school’ means a school imparting post basic education;
(n) “prescribed” means prescribed by regulations;
4[(nn) “private higher secondary school” means higher secondary school which is not
owned, managed or sponsored by the Central or State Government;]
(o) “private secondary school” means a secondary school which is not owned,
managed or sponsored by the Central or State Government;
(p) “protected teacher” means a persons who before 29th March, 1965 taught in any
school any subject in any of the standards fifth to seventh which before the said date formed
part of secondary education, and who continues to teach in a school any subject in any of
such standards which after the said date form part of primary education and whose rights
in relation to pay and pay-scales are protected under an order of the State Government;
(q) “recognised school” means a secondary school or a post basic school recognised
by the Director of Education, Gujarat State, or an officer authorised by him in this behalf
or, a high school registered by any University;
(r) “register” means the Register of Secondary School
5[or the Register of Higher
Secondary Schools] for the State of Gujarat prepared and maintained under this Act;
(s) “registered school” means a secondary school
6[or a higher secondary school]
or a post basic school registered by the Board under section 31 ;
(t) “regulations” means regulations made under section 53 or 54;
7 [(u) “secondary education” means education including post basic education from
8[ ninth] standard to tenth standard;]
(v) “secondary school” means a school imparting secondary education;
9[(w) “Secondary School Certificate Examination” means an examination of the
student in the tenth standard;]
1. These words were inserted by Guj. 14 of 2002, s. 4 (3).
2. This sub-clauses were inserted, ibid., s. 4 (4).
3. These words were inserted, ibid., s. 4 (5).
4. Sub-clause (nn) was inserted, ibid., s. 4 (6).
5. These words were inserted, ibid., s. 4 (7).
6. These words were inserted, ibid., s. 4 (8).
7. Sub-clause (u) was substituted, ibid., s. 4 (9).
8. These words were substituted for the words “eighth standard” by Guj. 2 of 2010, s. 4 (i).
9. Sub-clause (w) was substituted by Guj. 14 of 2002, s. 4 (10).
1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 3
(x) “teacher” means a teacher of a registered school but does not include a
headmaster;
1[ * * * * * * ]
(z) “University” means a University established by any law in the State of Gujarat;
(aa) the expression “primary education” shall have the meaning assigned to it in the
2[ * * * * *] and the Bombay Primary Education Act, 1947.
CHAPTER II.
Constitution, inCorPoration and Powers of Board.
3. (1) With effect on and from such date as the State Government may by notification
in the Official Gazette notify in this behalf, there shall be established for the purposes of this
Act a Board to be called the Gujarat Secondary 3[and Higher Secondary] Education Board.
The Board shall be a body corporate and have a perpetual succession and a common seal and
may by the said name sue and be sued and shall be competent to acquire, hold and dispose
of property, both movable and immovable, and to contract and to do all things necessary
for the purposes of this Act.
(2) The Board shall consist of a Chairman and a Deputy Chairman, both of whom
shall be appointed by the State Government and of the following members that is to say–
Class A-Ex Officio Member
4[(i) The Commissioner of Higher Education.
(ii) The Commissioner of School and Mid-day meal.
(iii) The Director of Technical Education.
(iv) The Joint Director (10 + 2)
(v) The Director of Primary Education.
(vi) The Director, Gujarat State Board of School Text Books.
(vii) The Director, Gujarat State Council of Education Research and Training.
(viii) The Director of Employment and Training.
(ix) Two officers of Education Department not below the rank of Deputy
Secretary as designated by the State Government.
(x) The Chairman, State Board of Examination.
(xi) The Chairman, Technical Education Board.
(xii) The Secretary, Post Basic Education Board.
(xiii) The Director of Examination, Gujarat Secondary and Higher Secondary
Education Board.
(xiv) The Director, Gujarat State Institute of Educational Technology.
(xv) The Officer on Special Duty, Gujarat Secondary and Higher Secondary
Education Board]:
1. Clause (y) was deleted by Guj. 20 of 2013, Sch., Sr. No. 2 (1).
2. The words and figures “the Gujarat Compulsary Primary Education Act, 1961” were deleted by Guj. 2 of
2010, s. 4 (ii).
3. These words were inserted by Guj. 14 of 2002, s. 5 (1).
4. These clauses were substituted, ibid., s. 5 (2) (a).
Guj. XLI of
1961. Bom.
LXI of 1947.
Constitution and
incorporation of
Board.
4 Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18
Provided that if there is no post having any of the designations mentioned above, the
State Government may designate any officer holding a corresponding post, who deals, with
the matters that would be normally connected with such post.
Class B—Elected Members
(i) One member elected from amongst themselves by the members of the Academic
Council of each University and of the institutions recognised by the University Grants
Commission or declared by the Central Government as Universities in accordance with the
provisions of clause (f) of section 2 or of section 3, as the case may be of the University
Grants Commission Act, 1956:
Provided that where there is no Academic Council in any University or such institu-
tion recognised or declared as university, such authority of the University, or, as the case
may be, such institution as may be approved by the State Government in this behalf shall be
deemed to be the Academic Council of such University, or as the case may be, institution,
for the purpose of this clause.
(ii) Five members elected by the headmasters of registered schools other than Post
Basic Schools from amongst themselves.
(iii) One member elected by the headmasters of the post basic schools registered
under this Act, from amongst themselves.
(iv) Five members elected by the teachers of rergistered schools other than Post
Basic Schools from amongst themselves.
(v) One member elected by the teachers of Post Basic Schools registered under this
Act, from amongst themselves.
(vi)
One member elected by the Principals of the Secondary Teachers Training
Colleges and Gradute Basic Training Colleges from amongst themselves in such manner
as may be prescribed.
1[(vi-a) One member elected by the non-teaching staff of registered private secondary
schools from amongst themselves.]
2[vi-ab) One member elected by non-teaching staff of registered secondary and higher
secondary schools from amongst themselves.
Explanation.–The member elected under clauses (vi-a) and (vi-ab) shall not be
eligible to be nominated as the member of the school staff selection committee for teachers
and principles.]
3[vi-aa) three members elected by the teaching staff of registered higher secondary
schools from amongst themselves.]
4[vi-aaa) One member elected from amongst teachers of Government secondary and
higher secondary schools.]
5[vii) four members elected by the representatives of the management of registered
Secondary and Higher Secondary Schools registered under the Societies Registration Act,
1860 and the Bombay Public Trusts Act, 1950 from amongst themselves in such manner
as may be prescribed.]
6[ * * * * * ]
1. Clause (vi-a) was inserted by Guj. 8 of 1983, s. 2.
2. Clause (vi-ab) and Explanation thereunder were inserted by Guj. 14 of 2002, s. 5 (2) (b) (i).
3. Clause (vi-aa) was inserted by Guj. 3 of 1997, s. 2 (1).
4. Clause (vi-aaa) was inserted by Guj. 14 of 2002, s. 5 (2) (b) (ii).
5. Clause (vii) was substituted, ibid., s. 5 (2) (b) (iii).
6. Clause (viii) was deleted, ibid., s. 5 (2) (b) (iv).
III of 1956.
XXI of 1860.
Bom. XXIX
of 1950.
1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 5
(ix) Three members elected by the Presidents of the Parents’ Associations of
registered private secondary schools 1[and registered private higher secondary schools]
from amongst themselves.
Explanation.— In this clause, —
(1) “Parents’ Association” in relation to any registered private secondary schools
shall mean an association of parents and guardians of students of that schools, formed and
recognised by the headmaster of that school, whether before or after the appointed day.
(2) (a) in relation to Parents’ Association whose President is a head master, a teacher,
a manager or a member of a govening body or other body in charge of the management of the
school, “President” shall mean such member of that Association other than such headmaster,
teacher, manager or, as the case may be, member, as may be authorised in writing by the As-
sociation; and
(b) in a case where the President of a Parent’s Association is himself absent
or incapable of acting, the President shall, for the purpose of electing a member under this
clause, mean such other member of that Association as may be authorised in writing by the
Association for that purpose.
2[(c) A member of the Parents’ Association shall cease to be such member on
completion of his child’s Secondary or, as the case may be, higher secondary education.]
(x) Five members elected by the Gujarat Legislative Assembly from amongst its
members in accordance with the system of proportional representation by means of the
single transferable vote:
Provided that for the purposes of clauses (ii) and (iv) of this Class the registered
schools other than post basic schools in the State shall from time to time be so arranged by
the State Government in five groups that the number of such schools in any one group shall
be as near as possible to twenty pre cent. of the total number of such schools in the State,
and the head-masters or, as the case may be teachers of such schools in each such group
shall elect one member:
3[Provided further that for the purpose of clause (vi-aa), the State Government shall,
by an order published in the Official Gazette, divide the State into three regions each having,
as far as possible, an equal number of registered higher secondary schools within the areas
comprised therein and the teaching staff of registered higher secondary schools in each such
regions shall elect one member:]
Provided further that for the purpose of clause (ix), the State Government shall, by
an order published in the Official Gazette, divide the State into three regions each having,
as far as possible, an equal number of registered higher secondary schools
4[and registered
private higher secondary schools] within the areas comprised therein and the Presidents of
Parents’ Associations in each such regions shall elect one member:
Provided further that a person shall cease to hold office as a member of the Board
if he ceases to be a member of the Academic Council or of the institution which elected
him, or ceases to be a head-master or teacher of a registered school or the Principal of a
Secondary Teachers Training College or a
5[Graduate Basic Training College or a
member of non-teaching staff of registered private secondary schools 6[registered private
higher secondary schools] or of teaching staff of registered higher secondary schools] or a
rerpresentative of the management of the
7[registered schools] or a President of a Parents’
Association or as the case may be, a member of the Gujarat Legislative Assembly:
Provided also that where the Board is constituted for the first time the members of
this Class shall be nominated by the State Government from amongst persons qualified to
be elected as members of this Class.
1. These words were inserted by Guj. 14 of 2002, s. 5 (2) (b) (v).
2. Sub-para (c) was inserted, ibid., s. 5 (2) (b) (vi).
3. This proviso was added by Guj. 3 of 1997, s. 2 (2).
4. These words were inserted by Guj. 14 of 2002, s. 5 (2) (b) (vii) (i).
5. These words were substituted for the words “Graduate Basic Training College” by Guj. 3 of 1997, s. 2 (3).
6. These words were inserted by Guj. 14 of 2002, s. 5 (2) (b) (vii) (ii) (a).
7. These words were substituted for the words “registered secondary schools”, ibid., s. 5 (2) (b) (vii) (ii) (b).
6 Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18
Class C - Nominated Members
Three members nominated by the State Government from amongst persons who have
special knowledge or practical experience in the field of Science, Industry or Commerce.
(3). The names of persons (not being ex-officio members) who have been elected or
nominated from time to time, as members of the Board shall be published by the Board in
the Official Gazette.
4. The headquarters of the Board shall be at such place as may be determined by the
State Government.
5. (1) The Chairman, Deputy Chairman and nominated members shall hold office
during the pleasure of the State Government.
(2) The Salaries or, as the case may be, honorarium, allowances and other conditions
of service of the Chairman and the Deputy Chairman shall be such as may be determined
by the State Government.]
6. (1) T he members of the Board other than
2[ ex-officio members and nominated
members] shall hold office for a term of three years from the date on which their names are
published in the Official Gazette:
Provided that the State Government may, from time to time, by notification in the
Official Gazette having regard to special circumstances to be specified therein, extend such
term for such period as may be specified therein, so however, that the period of extension
shall not exceed one year in the aggregate.
(2) Notwithstanding anything contained in sub-section (1) the members nominated by
the State Government on the Board constituted for the first time after the appointed day,
shall hold office for such term not exceeding two years from that date on which the names
of the members of the Board so constituted are published in the Official Gazette as may be
determined by the State Government:
Provided that the State Government may, from time to time extend the period so
determined so however that the period for which such members may hold office shall not
exceed two years in the aggregate:
Provided further that the term of out going members referred to in sub-sections (1)
and (2) shall extend to, and expire with the day immediately preceding the date on which
the names of their successors are published in the Official Gazette.
7. Where a temporary vacancy in the office of the Chairman or Deputy Chairman oc-
curs, by reason of leave or illness of the incumbent of that office or due to any other cause,
the State Government may appoint another person to be the Chairman or as the case may
be, the Deputy Chairman during the period of such vacancy on such salary, or as the case
may be honorarium, allowances and other conditions of service as may be determined by
the State Government.
8. A person shall be disqualified for being appoited or for continuing, as Chairman or
Deputy Chairman, or for being elected or nominated or for continuing as a member of the
Board or for being appointed as, or for being or continuing, as a member of any committee
appointed under this Act—
(a) if he directly or indirectly by himself or his partner,
(i) has or had any share or interest in any guide-book published in connection
with any text book prescribed for the
3[ Secondary School Certificate Examination, the
Higher Secondary School Certificate Examination] or any other examination as may
be decided upon by the Board or entrusted to the Board by the State Government; or
(ii) has any share or interest in any work done by order of or in any contract
entered into by or on behalf of the Board :
1. Section 5 with marginal note was substituted by Guj. 1 of 1999, s.3, Sch., Sr. No. 10 (1).
2. These words were substituted for the word “ex-officio member”, ibid., s. 3, Sch., Sr. No. 10 (2).
3. These words were substituted for the words “Secondary School Certificate Examination” by Guj. 14 of 2002,
s. 6.
Headquarters of
Board.
1[Term of office
and conditions
of service of
Chairman, Deputy
Chairman and
nominated
members.
Term of office
of members of
Board.
Temporary vacancy
of Chairman and
Deputy Chairman.
Disqualifications
of Chairman,
Deputy Chairman
and members of
Board.
1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 7
Provided that a person who had any share or interest in any guide-book referred to in
sub-clause (i) shall not be deemed to have incurred the disqualification under that sub-clause,
if five years have elapsed from the date of publication of such guide book;
(b) if he is a person against whom an order of removal from office has been made
under sub-section (1) of section 14 and five years have not elapsed from the date of his
removal from office;
(c) if he —
(i) has been adjudged by a Court of law to be of unsound mind;
(ii) is an undischard insolvent;
(iii) has been convicted by a court of law for an offence involving moral
turpitude.
9. If a member of the Board or any Committee becomes subject to any of the disqualification
mentioned in section 8, his office shall there upon become vacant.
10. If a member elected or nominated on the Board remains absent without the permission of
the Chairman from any three consecutive meetings thereof, his office shall thereupon become
vacant.
11. If any question arises as to whether the office of any member has become vacant under
section 9 or 10, the question shall be referred for the decision of the State Government. The
State Government shall, after giving reasonable opportunity to be heard to the member,
decide the question and its decision shall be final.
12. Any vacancy under section 9 or 10 shall be notified by the Board in the Official Gazette.
13. (1) A member of the Board not being an ex-officio member may resign his office at
any time by tendering his resignation in writing to the Chairman of the Board.
(2) If the Chairman accepts the resignation, such acceptance shall be communicated
to the Board, and the office of the member shall become vacant from the date of acceptance
of the resignation.
14. (1) The State Governement may, on the recommendation of the Board and after
making such inquiry, if any, as it may think fit to make, remove any elected or nominated
member of the Board from office, if such member has been guilty of any such misconduct as
in the opinion of the State Government, renders him unfit to be continued as a member;
Provided that, no such recommendation shall be made by the Board and no removal
of the member shall be made by the State Government unless the member to whom it relates
has been given a reasonable opportunity of showing cause why such recommendation should
not be made, or as the case may be, why he should not be removed.
(2) The name of any member who has been removed from office under sub-section
(1) shall be published by the Board in Official Gazette.
15. (1) The Board shall meet not less than three times in every year and ordinarily four
months shall not intervene between any two successive meetings.
(2) The Chairman may, at any time, and shall, upon the written request of not less
than one third of the total number of members of the Board, call a special meeting of the
Board, on a date not later than twenty one days after the receipt of such request by the
Chairman.
Vacancy of
member owing to
disqualification.
Vacancy of member
owing to absence
without permission.
Decision of question
as to vacancy.
Vacancy to be
notified.
Resignation of
member.
Removal of
member.
Meetings of
Board.
8 Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18
16. The Board may invite any person who in its opinion is an expert in any field of
education or any Government Officer to attend its meeting or a meeting of any of its
committees, if the subject with which the expert or officer is concerned, is likely to
come up or comes up for discussion or consideration at such meeting.
17. Subject to the provisions of this Act, the powers and duties of the Board shall be as
follows, namely:—
(1) to advise the State Government on reference made to it or on its own
motion on matters of policy relating to secondary education
1[ and higher secondary
education] in general, and on the following matters in particular, namely:—
(a) evolution of suitable patterns of secondary education; 1[and higher
secondary education.
(b) prescription and maintenance of educational standards for such patterns
of secondary education 1[and higher secondary education];
(c) intergration of national and State policy in respect of secondary education
1[and higher secondary education];
(d) matters pertaining to educational planning, programme and organisation;
(2) to recommend to the State Government the curricula and detailed syllabi
relating to secondary education 2[and higher secondary education] and to approve
and to recommend the State Government the text books prepared by the Gujarat State
Board of School Text Books for the use in the registered schools;
(3) to organise programmes to re-train teachers already in service;
(4) to prescribe measures for promotion of physical, moral, and social welfare
of, and for inculcation of spirit of discipline among students in registered schools and
to prescribe standards of conditions of residence to be provided in hostels;
(5) to guide and help registered schools in their search for talent and their
endeavour to lead them to peaks of excellence;
(6) to permit and encourage a registered school to carry out useful educa-
tional experiments and research in secondary education
2[ and higher secondary
education] and to prescribe the conditions subject to which such experiments and
research shall be carried out;
(7) to prescribe conditions to be fulfilled by the manager of a secondary school
3[or higher secondary school] for getting the school registered;
(8) to recommend to the State Government a cut in maintenance grant if
after giving a reasonalbe opportunity of being heard to the management of the
school, the Board is of opinion that a registered school, has failed to observe any
of the conditions of registration or that a registered school is conducted in a manner
which is prejudicial to the interests of education or has failed to carry out any instruc-
tions issued by the Board to ensure maintenance of academic standards in secondary
education
2[and higher secondary education];
(9) to conduct statistical and other research for the purpose of evaluation and
reform of the curricula, instruction and examination and to guide registered schools
in conducting such research;
(10) to lay down standards for testing students, for conducting examinations
and for promotion of students from one standard to the next higher standard of a
registered school;
1. These words were inserted by Guj. 14 of 2002, s. 7 (1).
2. These words were inserted, ibid., s. 7 (2).
3. These words were inserted, ibid., s. 7 (3).
Power to invite
experts and
officers at
meetings.
Powers and duties
of the Board.
1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 9
(11) to prescribe the standards, including qualifications, for appointment of the staff
of a registered school and the standard requirements in respect of building, laboratory, library,
furniture, equipment, stationery and other articles for conducting registered schools;
(12) to recommend to the registered schools supplementary reading books and library
books;
1[ * * * * *
* * * * *
* * * * * ]
(16) to exercise proper and effective control on the academic performance and
conduct of head-masters and teachers of registered private secondary schools 2[and
registered private higher secondary schools] and to issue instructions in that behalf to the
managements of such schools;
3[ (16A) to direct the school managements and the staff of the registered schools to
perform the duties related to examination conducted by the Board.]
(17) to register, in accordance with the prescribed procedure, secondary school
for teaching such subjects in
4[standards nine] and onwards leading to the Secondary
School, Certificate Examination as it deems fit and to grant permission for opening
higher standards or additional divisions of existing standards in such schools;
5[(17A) to register, in accordance with the prescribed procedure, higher secondary
school for teaching such subjects in standards eleventh and twelth leading to the Higher
Secondary School Certificate Examination as it deems fit and to grant permission for
opening additional divisions of existing standards in such schools.]
(18) to withdraw registration of secondary schools
6[or higher secondary schools]
either in whole or in part after following the prescribed procedure;
(19) to lay down conditions for admission of students in registered schools;
(20) to prescribe the number of students to be admitted in a division of any standard
in a registered school;
(21) to lay down conditions for migration of students from one registered school to
another ;
(22) to regulate the arrangements of school terms, holidays and a vacations of
registered schools;
(23) to regulate the method of preparing and keeping registers and other records in
respect of academic matters by registered schools;
(24) to cause academic inspection of registered schools by a person authorised by
it and to take measures to ensure that proper standards of education are maintained therein
and that adequate library and laboratory provisions are made therein;
(25) to call for any reports and information from any registered school;
(26) to lay down qualifications, methods of selection
7[(except for headmasters and
teachers of registered Government aided private secondary and higher secondary schools)] and
conditions of appointment, promotion and termination of employment and rules for conduct and
discipline of the headmaster and the teaching and non-teaching staff of registered private
secondary schools
8[and registered private higher secondary schools];
1. Cluse (13), (14) and (15) were deleted by Guj. 32 of 1978, s 8.
2. These words were inserted by Guj. 14 of 2002, s.7 (4).
3. Cluse (16A) was inserted, ibid., s. 7 (5).
4. These words were substituted for the words “standards eight” by Guj. 2 of 2010, s. 5.
5. Cluse (17A) was inserted by Guj. 14 of 2002, s. 7 (6).
6. These words were inserted, ibid., s. 7 (7).
7. These brackets and words were inserted by Guj. 5 of 2014, Sch., Sr. No. 2 (1)
8. These words were inserted by Guj. 14 of 2002, s. 7 (8).
10 Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18
(27) to lay down conditions for admission of regular and private candidates to the
1[Secondary School Certificate Examination, the Higher Secondary School Certificate
Examination] and such other examinations as may be decided upon by the Board or
entrusted to it by the State Government (hereinafter referrede to as “other examination”);
(28) to conduct the 1[Secondary School Certificate Examination, the Higher
Secondary School Certificate Examination] and other examinations and award certificates
to candidates passing the examinations;
(29) to require the registered schools to extend co-operation in the conduct of the
1[Secondary School Certificate Examination, the Higher Secondary School Certificate
Examination] and other examinations;
(30) to appoint paper setters, examiners, moderators, Supervisors and other
necessary personnel for conducting the
1[Secondary School Certificate Examination,
the Higher Secondary School Certificate Examination], and other examinations, for the
evaluations of the performance of the candidates and for compilation and declaration of
results;
(31) to open centres for the
1[Secondary School Certificate Examination, the Higher
Secondary School Certificate Examination] and other examinations conducted by it;
(32) to declare the results of the candidates appearing at the
1[Secondary School
Certificate Examination, the Higher Secondary School Certificate Examination] and other
examinations conducted by it;
(33) to deal with, according to the prescribed procedure, cases of use of unfair means
in relation to the 1[Secondary School Certificate Examination, the Higher Secondary School
Certificate Examination] and other examinations or administration of a registered school;
(34) to generally evaluate the performance of students at all examinations in registered
schools, including the Secondary School Certificate Examination,
2[and the Higher Secondary
School Cerfitifate Examination];
(35) to institute and award scholarships, stipends, medals, prizes and other rewards
and to prescribe conditions thereof;
(36) to organise the setting of question papers for the
3[Secondary School Certificate
Examination, the Higher Secondary School Certificate Examination] and other
examinations;
(37) to administer its fund’
(38) to receive grants, bequests, donations, endowments, trusts and other transfers
of any property or interest therein or right thereto;
(39) to hold any property, interest or right preferred to in clause (38) and to manage
and deal with the same;
(40) to demand and receive such fees, royalties and charges including penalties as
may be prescribed;
(41) to consider and approve the annual reports, annual accounts and to prepare
financial estimates and to forward the same to the State Government for its sanction;
1. These words were substituted for the words “Secondary School Certificate Examination” by Guj. 14 of 2002,
s. 7 (9).
2. These words were added, ibid., s. 7 (10).
3. These words were substituted for the words “Secondary School Certificate Examination”, ibid., s. 7 (11).
1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 11
(42) on receipt of a notice under section 44 in regard to any registered private
secondary school 1[and registered private higher secondary school] to encourage the manage-
ment of any existing registered school to take such action as may be considered necessary
for keeping the school proposed to be closed down in a state of continuous functioning or
to encourage the formation of a new management for a like purpose;
(43) to make regulations for purposes of carrying into effect the provisions of this
Act;
(44) to make by laws relating to matters such as procedure to be followed by the
Board and Committees, travelling allowances to be drawn by members of the board and
Committees and any other matters Solely concerning the Board and its Committees that are
not provided for by this Act and the regulations made thereunder;
(45) to exercise such other powers; and to perform such other duties as may be
conferred or imposed upon, it by or under this Act;
(46) to do all other such acts and things as may be necessary to carry out the purposes
of this Act.
18. (1) For the performance of its functions the Board shall appoint from amongst its
members an
2[Executive Committee, Education Committee] and an Examination Commit-
tee and may appoint such other Committees as it thinks necessary and it shall be lawful for
the Board to appoint a person who is not a member of the Board as a member of any such
Committee:
Provided that nothing in this sub-section shall be deemed to preclude the Chairman or
the Deputy Chairman from being named by the Board as a member of any such Committee:
Provided further that where the Chairman or the Deputy Chairman is named as a
member of any Committee, the Chairman or, as the case may be, the Deputy Chairman shall
be the Chairman of such Committee.
(2) Subject to the provision contained in sub-section (1), the constitution of every
Committee appointed by the Board under sub-section (1), the term of office of its members
and the functions of the Board to be performed by it shall be such as may be prescribed.
Explanation.—For the purpose of this section the Chairman and the Deputy Chairman of
the Board shall be deemed to be its members.
19. (1) The Chairman shall, when present, preside at the meetings of the Board and in
his absence the Deputy Chairman shall preside at such meeting:
Provided that if at any meeting of the Board the Chairman and the Deputy Chairman
are both absent, the members present shall elect a member from amongst themselves to
preside at that meeting.
(2) It shall be the duty of the Chairman to ensure that the provisions of this Act and
the regulations and by-laws made there under are faithfully observed and he shall have all
powers necessary for this purpose.
1. These words were inserted by Guj. 14 of 2002, s. 7 (12).
2. These words were substituted for the word “Executive Committee”, ibid., s. 8.
Committees.
Powers of Chairman
and Deputy
Chairman.
12 Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18
(3) In an emergency which, in the opinion of the Chairman, requires that immediate
action should be taken, the Chairman shall take action as he deems necessary and shall,
therafter, report his action to the Board at its next meeting.
(4) The Chairman shall have power to convene meetings of the Board as provided
for in section 15 and stating the business to be brought before the meeting.
(5) The Chairman shall exercise such other powers and perform such other
duties as may be presribed.
(6) The Deputy Chairman shall perform such duties and functions as may be
prescribed or as may be assigned to him by the Chairman from time to time.
(7) Subject to the provisions of section 7, the Deputy Chairman shall in the
absence of the Chairman act as Chairman and shall, while so acting, exercise all powers
and perform all duties and functions of the Chairman.
(8) The Chairman and the Deputy Chairman shall be entitled to take part in all
proceedings of the Board and of any committee thereof of which they may be named as
members, including the exercise of right to vote, but, save as otherwise provided, they shall
not be deemed to be the members of the Board.
20. (1) The Board shall have a Secretary who shall be appointed by the State Government.
(2) The Secretary shall, subject to the control of the Chairman, be the Executive
Officer of the Board, and all other officers and servants for the time being serving under
the Board shall be subordinate to him.
(3) He shall exercise such powers as may be prescribed.
(4) He shall be entitled to be present at the meetings of the Board and its
Committees but shall not be entitled to vote.
(5) The State Govenment may appoint one or more Joint Secretaries or Assistant
Secretaries for the Board, as the State Government may, having regard to the requirements
of the Board, think fit to appoint.
(6) A joint Secretary or an Assistant Secretary shall exercise such powers and
perform such duties of the Secretary as are respectively assigned to him by the Secretary
under the general or special orders of the Chairman.
21. The State Government may appoint such other officers and servants as may be required
to enable the Board to discharge its functions under this Act:
Provided that the State Government may by order delegate to the Chairman
or to the Secretary, the powers of appointing such classes of servants as may be specified
in theExcerpt shown. Open the full act in Lexace.