{ "id": 16530, "slug": "bombay-primary-education-act-1947", "title": "Bombay Primary Education Act, 1947", "short_title": "Bombay Primary Education Act, 1947", "act_number": "Bombay Act No. 61 of 1947", "act_year": 1947, "act_type": "STATE", "location": "Gujarat", "law_status": "unknown", "enactment_date": null, "description": "Bombay Primary Education Act, 1947", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title and extent.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(1) \"Administrative Officer\" means an officer appointed under Section 21 or 22.\n(2) \"Approved School\" means a primary school maintained by the [State] Government or by a school board or by an authorised municipality [and includes a private primary school recognized under section 40A;]\n(3) \"Area of compulsion\" means the area in which primary education upto any standard is compulsory;\n(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 school in which vest in or are controlled by the authorised municipality;\n(5) \"To attend an approved school\" means to be present for instruction at such school on such day and at such time and for such period on each day as may be required under the regulations framed by the school board;\n[(5A) \"Authorised Officer\" means such officer as the State Government may, by order appoint.]\n(6) \"Authorised Municipality\" means a municipality which is authorised by the [State] Government under sub-section (1) of Section 16 to control all approved schools within its area;\n(7) \"Child\" means a girl or boy whose age is not less than six and not more than fourteen years at the beginning of the school year.\n(8) \"Director\" means [The Director of Education;] [***]\n(9) \"District\" in Clause (h) of section 5, in sections 6 sub-section (3) of section 10, [section 19 and section 68] means the district as formed under the Bombay Land Revenue Code, 1879 (Bombay V of 1879), [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 areas of authorised municipalities and cantonments;\n(10) \"District School Board\" means a school board constituted for a district under section 3;\n[(10A) \"Educational Inspector of the district\" means the Educational Inspector appointed for a district or group of districts;]\n(11) \"Municipal\" School Board means a school board constituted for the area of an authorised municipality under Section 3;\n(12) \"Non-authorised Municipality\" means a municipality other than an authorised municipality;\n(13) \"Parent\" includes a guardian or any person who has the custody of a child;\n(14) \"Prescribed\" means prescribed by the rules made under this Act;\n(15) \"Primary Education\" means education in such subjects and upto such standards, as may be determined by the [State] Government from time to time;\n(16) \"Primary Education Fund\" means the Fund maintained under Section 44;\n(17) \"Primary School\" means a school or a part of a school in which primary education up to any standard is imparted;\n(18) \" [Board] of Primary Education\" means the Board constituted under Section 58;\n[(18A) \"Private primary school\" means a private primary school which is not maintained b the State Government or by a School Board or by an authorized municipality;]\n(19) \"School Board\" means a district school board or a municipal school board, as the case may be;\n[(20) \"Teacher\" means primary school teacher;\n(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 head-teacher.]\nChapter II\nConstitution of District and Municipal School Boards.", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. School Boards.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Constitution of school boards.", "chapter": null, "content": "(b) Members elected under this sub-section shall not necessarily be members of the electing local authority.\n[(c) Notwithstanding anything contained in this sub-section, in the case of a district local board or authorised municipality the term of office of the member or councillors of which expires on or before the 31s1 day of July 1949, the election of the members of the school board shall not be held by such district local board or authorised municipality, as the case may be, until, after the new district local board or the authorised municipality, has been constituted.]\n(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 [State] Government may determine:\n(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 district local board or the authorised municipality, as the case may be, Such resignation shall take effect from the date of their acceptance by the chairman or the president.", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Disqualification of members.", "chapter": null, "content": "[(a) is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgment of allegiance or adherence to a foreign State, or]\n[(aa) is less than 25 years of age, or]\n(b) is a judge of a Civil Court or [a salaried magistrate] , or\n(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\n(ii) is a person against whom an order has been passed under Section 118 of the Code of Criminal Procedure, 1898 (V of 1898), in proceedings instituted under Section 110 of the said Code, such order not having subsequently been reversed or quashed, or\n(iii) has been removed from the office under this Act and five years have not elapsed from the date of such removal,\n(d) is a stipendiary officer or an employee of any school board, or district local board or municipality, or\n(e) who has been adjudged an insolvent and has not obtained his discharge, or\n(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\n(g) is an employee or a teacher in any approved school, or\n(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\n(i) has been adjudged by a competent Court to be of unsound mind.\n(a) having any share or interest in any lease, sale or purchase of any immovable property or in an agreement for the same if before taking his seat as a member of the school board, he has obtained the sanction of the [State] Government to have such share or interest, or\n(b) having a share or interest in any joint stock company or in any society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925), which may contract with or be employed by or on behalf of the school board or the electing local authority, or\n(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\n(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\n(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 electing local authority with the sanction of the [State] Government may fix in this behalf, or\n(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 the [State] Government may fix in this behalf, or\n(g) being a police patel who is an ex-officio keeper of village cattle pounds under the control of the electing local authority.", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Determination of validity of elections; inquiry by Judge; procedure.", "chapter": null, "content": "(a) in which the validity of the election of members is in question shall as far as possible, be heard by the same Judge, and\n(b) in which the validity of the election of the same member is in question shall be heard together.\n(a) any application to be compromised or withdrawn or\n(b) any pleadings in the proceedings to be altered or amended, unless he is satisfied that such application, alteration or amendment is bona-fide and not conclusive.\n(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 each such candidate, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected:\n(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\n(b) who gives, procures or abets the giving of a vote in the name of a vote who is not the person giving such vote;\n(i) does not include a promise to vote for or against any particular measure which may come before a school board for consideration, but\n(ii) subject thereto, includes a promise for the benefit of the person himself or any person in whom he is interested.\n[6A. Disqualification at the time of election, etc., discovered subsequently.\n(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;\n(ii) if it is made before the expiration of the period prescribed for such application under the said section, or\n(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 these circumstances was not or could not have been raised in such proceedings.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Disqualification after becoming a member.", "chapter": null, "content": "[(a) absents himself from the meetings during three successive months or from three consecutive meetings of the school board whichever period is longer without the [*] permission of the Board or]\n(b) becomes subject to any of the disqualifications mentioned in [Section 5] he shall be disabled from continuing to be a member of such board and his seat shall be deemed to be vacant:\n[7A. Penalty for sitting or voting when disqualified.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Disabilities on account of interest in subject-matter.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Removal of members of the school board for misconduct.", "chapter": null, "content": "(i) the school board, or\n(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 incapable of performing his duties as a member by reason of any physical or mental infirmity:\n[9A. Disqualification of person for misconduct after he has resigned as member.", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Election of Chairman and Vice-Chairman.", "chapter": null, "content": "[10A. Authority in place of district school board where there is no district local board.\n(a) such primary schools with their lands, buildings, records and equipment as may be specified in the order shall vest in the district school board constituted for the district,\n(b) such primary school teachers and other persons as may be specified in the order, who were employed for the purpose of the primary schools maintained by the [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 the said date or on such other terms and conditions, as the [State] Government may direct.]\nChapter III\nPowers, Duties and Functions of District School Board, Authorised Municipalities and Municipal School Boards.\nA. District School Boards.\nA. District School Boards.", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Incorporation of district school boards.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Vesting of property in and absorption of staff by district school board.", "chapter": null, "content": "(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;\n(ii) after the words \"district local board\" wherever they occur, the words \"or, as the case may be, the State Government\" shall be inserted.]\n(b) For the purposes of clause (a) the State Government, having regard to the functions ad 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, (Gujarat VI of 1962), may by an order in writing direct-\n(i) that the primary schools with their lands, buildings, records and equipment and all other properties moveable or immoveable 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 or district panchayat as may be specified in the order; and\n(ii) that such of the powers, functions, and duties of a district school board under this Act shall be exercised and performed by a taluka panchayat or district panchayat as may be specified in the order.]", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Powers, duties and functions of the district school boards.", "chapter": null, "content": "(a) to provide for the welfare of the children attending primary schools;\n(b) to maintain an adequate number of primary schools;\n(c) to provide adequate accommodation and equipment for primary schools;\n(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 [State] Government be necessary;\n[(dd) to maintain such number of Vidyasahayaks as may, in the opinion of the State Government or an authorised officer, or as the case may be, be necessary.]\n(e) to maintain an adequate number of engineering staff required for the construction and maintenance of schools and other buildings;\n(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;\n(g) to determine with the approval of the Educational Inspector the hours of instruction and the number and duration of vacations;\n(h) to determine the exact location of the primary school;\n(i) to grant on the recommendation of the Administrative Officer exemption from attending an approved school to a child who is receiving instruction otherwise than in an approved school;\n(j) to sanction all tenders for the supply of forms, stationery, furniture or equipment;\n(k) to suggest the opening of additional schools for the sanction of the [State] Government;\n(l) to recommend to the Director such modifications in the curriculum as may seem necessary to suit local requirements;\n(m) to advice the [State] Government generally in respect of primary education within the district;\n(n) to carry on propaganda for the expansion of primary education;\n(o) to perform such other duties and functions as may be prescribed;\n(i) laying down the days, the time and the periods on each day during which a child shall be present for instruction at an approved school;\n(ii) determining the constitution, powers and duties of the taluka advisory committees;\n(iii) the supply of books, slates, educational requisites, milk, meals or clothes to children of any age receiving primary education, if provision for such supply is made.\n14. [Relinquishment of powers and duties.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "15", "title": "15. Constitution of taluka advisory committee.", "chapter": null, "content": "B. Authorised Municipalities.\nB. Authorised Municipalities.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "16", "title": "16. Authorised municipalities to exercise powers, etc. and hold properties of local authority-municipalities.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "17", "title": "17. Duties and functions of authorised municipalities.", "chapter": null, "content": "(a) to make adequate provision for maintaining the existing primary schools and opening new schools where ever necessary and for granting aid to approved schools other than primary schools maintained by the [State] Government or by a school board or by an authorised municipality;\n(b) to provide adequate accommodation and equipment for primary schools;\n(c) 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 [State] Government be necessary;\n[(cc) to maintain such number of Vidyasahayaks as may, in the opinion of the State Government, be necessary.]\n(d) to make adequate provision for facilities for the free primary education of all children to whom a scheme of compulsion applies;\n(e) to sanction with or without variation the budget of the municipal school board;\n(f) to perform such other duties and functions as may be prescribed.\n(i) determining the qualifications, pay and terms of employment of the Assistant Administrative Officers, Supervisors, Attendance Officers, clerks, inferior servants and other staff;\n(ii) regulating the administration, management and control of primary schools;\n(iii) determining the qualifications, pay and terms of employment of the Administrative Officer appointed by it under Section 22;\n(iv) for the supply of books, slates, educational requisites, milk, meals or clothes to children receiving primary education, if provision for such supply is made.\nC. Municipal School Boards.\nC. Municipal School Boards.", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "18", "title": "18. Powers, duties and functions of Municipal School Boards.", "chapter": null, "content": "(a) to prepare schemes to be submitted by the authorised municipality to the [State] Government for expansion of primary education and to carry out the provisions of such scheme;\n(b) to disburse monies from the primary education fund in accordance with the budget sanctioned by the authorised municipality;\n(c) to perform the duties and functions specified in Clauses (f) to and (1) and (n) of sub-section (2) of section 13;\n(d) to perform such other duties and functions as may be prescribed;\n[D. Merged Areas.]\n[D. Merged Areas.]", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18A", "title": "18A. Vesting of property and absorption of staff in merged areas.", "chapter": null, "content": "Chapter IV\nNon-Authorised Municipalities", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Exercise of powers, etc. and holding of property in respect of non authorised municipalities.", "chapter": null, "content": "Chapter V\nAdministrative Machinery", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. District school board, authorised municipality to maintain adequate staff, pay, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Administrative Officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Delegation of power to appoint Administrative Officer to certain authorized municipalities.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Staff selection committee and appointment of teachers.", "chapter": null, "content": "[23A. Vidyasahayaks.\n(a) for every district, consisting of such persons as may be prescribed;\n(b) for the area of every authorised municipality, consisting of such persons as may be prescribed;\n(c) for recognised private primary schools consisting of such persons as may be prescribed;", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Powers of Administrative Officers over school board staff.", "chapter": null, "content": "Chapter VI\nPreparation and Enforcement of Schemes of Compulsion", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Preparation of scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Preparation of scheme by authorised municipality.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Particulars to be contained in the scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Sanction of State Government to scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. Modification, etc., of sanctioned schemes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Power to exempt children of particular classes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. No fees to be charged in the area of compulsion.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Duty of parent to cause children to attend school.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. Meaning of reasonable excuse.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. Issue of attendance order.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "35", "title": "35. Penalty for failure to cause child to attend an approved school.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Penalty for employing a child to whom scheme applies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "36A", "title": "36A. Courts competent to try offences under Sections 35 and 36.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "36B", "title": "36B. Constitution of Primary Schools Panchayat; its powers and procedure.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "32", "title": "36C. Certificate of Head Master of approved school to be conclusive evidence of parents' failure to comply with Section 32.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "36D", "title": "36D. Saving of pending proceedings.", "chapter": null, "content": "[37. Administrative Officer to be public servant.\nChapter VII\nApproved Schools", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "38", "title": "38. Subjects, curricula, etc., of approved schools.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "39", "title": "39. Recognition of grants to approved schools under private management.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "40", "title": "40. Inspection of approved schools; returns.", "chapter": null, "content": "(a) whether instruction is given in accordance with the provisions of Section 38;\n(b) whether the provisions of this Act for the compulsory attendance of children are being carried out;\n(c) whether the health of the school children is satisfactory;\n(d) whether the instruction given is not of pernicious nature;\n(e) whether the registers and records are being maintained as required by the Director.\n[Chapter VII-A]\nRecognition of Private Primary School", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "40A", "title": "40A. Prohibition against imparting primary education by private primary schools without recognition.", "chapter": null, "content": "Chapter VII\nB. Procedure for Imposition of Penalty on Teachers of Recognized Private Primary Schools", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "40B", "title": "40B. Dismissal, removal or reduction in rank of teachers.", "chapter": null, "content": "(i) he has been given by the manager an opportunity of showing cause against the action proposed to be taken in regard to him; and\n(ii) the action proposed to be taken in regard to him has been approved in writing by the administrative officer of the school board in the jurisdiction of which the private primary school is situate;\n(b) The administrative officer shall communicate to the manager of the school in writing his approval or disapproval of the action proposed, within a period of forty five days from the date of the receipt by the administrative officer of such proposal.\n(a) \"manager\" in relation to a private primary school means a person or body of persons in charge of the control or of management of the school;\n(b) \"teacher\" means a teacher of a recognized private primary school;\n(c) \"Tribunal\" means a Tribunal constituted under section 40F.", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "40C", "title": "40C. Registration of a teacher.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "40D", "title": "40D. Certain contracts etc. to be null and void.", "chapter": null, "content": "(b) any term or condition of service of such teacher whether employed before or after such commencement, shall, to the extent to which it takes away any right conferred on such teacher by or under this Act be null and void.", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "40E", "title": "40E. Dispute to be decided by Tribunal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "40F", "title": "40F. Tribunal.", "chapter": null, "content": "(a) enforcing the attendance of any person and examination him on oath;\n(b) compelling the production of documents and material objects;\n(c) issuing commissions for the examination of witnesses;\n(d) such other matters as may be prescribed;", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "40G", "title": "40G. Bar of jurisdiction of Courts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "40H", "title": "40H. Savings.", "chapter": null, "content": "Chapter VIII\nFinancial Relations Between the [State] Government and Local Bodies", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "41", "title": "41. Payment to be made by district local board and non-authorised municipality.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "42", "title": "42. Contribution by [State] Government.", "chapter": null, "content": "(a) sixty per cent of the cost, if the population of the authorized municipality is less than fifty thousand, and\n(b) fifty per cent, of the cost, in any other case:", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "43", "title": "43. District school board budget.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "44", "title": "44. Primary education fund.", "chapter": null, "content": "(a) the balance of the primary education fund maintained under Section 8A of the Bombay Primary Education Act, 1923 (Bombay IV of 1923), [or section 37 of the Saurashtra Primary Education Act, 1956, (Sau. Act XXXIII of 1956), as the case may be] ;\n(b) the contributions payable by non-authorised municipalities under subsection (2) of Section 41;]\n(c) fees and fines received in respect of primary schools maintained by the school board or the authorised municipality, as the case may be;\n(d) in the case of a district school board, such portion of the income of the district local board as the [State] Government may fix under sub-section (1) of section 41;\n(e) in the case of an authorised municipality, the grant paid or payable by the authorised municipality on account of primary education;\n(f) the grant paid or payable by the [State] Government on account of primary education;\n(g) such other sums as may from time to time be received on account of primary education.", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "45", "title": "45. Application of Primary education fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "46", "title": "46. Deposit of primary education fund.", "chapter": null, "content": "[46A. Provident fund.", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "47", "title": "47. Payment of travelling allowances to Chairman, Vice-Chariman and Members of the school board.", "chapter": null, "content": "[47A. Audit.\nChapter IX\nControl", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "48", "title": "48. Inspecting staff.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "49", "title": "49. Inspecting officers to be present at school board meetings.", "chapter": null, "content": "(a) (i) enter on and inspect any immovable property occupied for any purpose connected with primary education by the school board or authorised municipality or any educational institution under its control or management; or\n(ii) cause such property or institution to be entered upon and inspected by any other person authorised by him in this behalf,\n(b) call for any extract from the proceedings of any authorised municipality or school board, or of any committee appointed by any of them relating to any matter connected with primary education or;\n(c) call for and inspect any book or document relating to any matter connected with primary education in the possession or under the control of an authorised municipality or school board.", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "50", "title": "50. Power to call for return or require explanation, etc.", "chapter": null, "content": "(a) call for from any authorised municipality or school board or Administrative Officer any return, statement, account or report relating to any matter connected with primary education;\n(b) call upon an authorised municipality or school board to take into consideration any objection which appears to him to exist to the doing of anything connected with primary education which is about to be done by such municipality or board or any information furnished by him which appears to him to necessitate the doing of a certain thing by such municipality or board and to make a written reply to him within a reasonable time, stating in case of disagreement with the Director its reasons for not desisting from doing or for not doing such a thing.", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "51", "title": "51. Power of suspending execution of orders, etc. of school board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "52", "title": "52. Default by authorised municipality.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "53", "title": "53. Power of [State] Government to provide for performance of duties on default by the school board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "54", "title": "54. Directions by [State] Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "55", "title": "55. Enquiry into affairs of the school board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "56", "title": "56. Dissolution or supersession of school board in certain circumstances.", "chapter": null, "content": "(a) dissolve the Board or\n(b) supersede it, for a period to be specified in the order. [Such period may be longer than the term for which the members of the school board would have held office under section 4 if the school board had not been superseded under this section.]\n(a) all members of the board shall in the case of supersession as from the date of the order of supersession, and in the case of dissolution as from the date specified in the order of dissolution, be deemed to have vacated their offices as such members;\n(b) all powers and duties of the board shall, during the period of dissolution or supersession, be exercised and performed by such person or persons as the [State] Government may from time to time appoint in this behalf-,\n(c) the person or persons appointed under clause (b) may delegate their powers and duties to any individual or committee or sub-committee.\n(a) if no direction has been made under sub-section (4) on the expiration of the period specified in the order of supersession under clause (b) of subsection (1), and\n(b) if the direction has been made under sub-section (4) on such date as is fixed under that sub-section for the re-establishment of the school board.", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "57", "title": "57. Dissolution of the district school board (and its reconstitution on alteration of limits of the district.", "chapter": null, "content": "(i) to be reconstituted for the district of which the district school board has been dissolved, or\n(ii) to be established for a new district which has been constituted.\nChapter X\n[Board of Primary Education]", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "58", "title": "58. Constitution of [**] Board of Primary Education.", "chapter": null, "content": "(a) a graduate of seven years' standing of any recognized University\n(b) a professor who has served as such for a period of five years in a college affiliated to a statutory University in the [State of Gujarat] ;\n(c) a headmaster who has served as such for ten years in an approved school or high school recognized by the Department of Education of the [State] Government.", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "59", "title": "59. Powers and duties of [***] board.", "chapter": null, "content": "(a) to examine and recommend schemes for the organization, co-ordination and expansion of primary education and for the correlation of primary education with the system of education as a whole in the [area to which this Act extends] ;\n(b) to advise the [State] Government generally on all matters connected with primary education;\n(c) to exercise such other powers and to perform such other duties as may be prescribed,\n[59A. Transitory and special provision on account of re-organization of Bombay State.\nChapter XI\nMiscellaneous\n[60. Delegation.\n(i) the State Government may delegate any of its powers or duties under this Act or the rules made thereunder to any officer or authority subordinate to it; and\n(ii) the Director may also, with the previous sanction of the State Government, delegate any of its powers or duties under this Act or the rules made thereunder or delegated to him by the State Government under clause (i) to any officer subordinate to him.", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "61", "title": "61. Delegation by authorised municipalities and school boards of their powers, duties and functions.", "chapter": null, "content": "(b) The school board may delegate any of its powers, duties and functions to any such committee or to any member or Administrative Officer or stipendiary or any officer of the board; and such committee, member or officer shall conform to any instructions that may from time to time be given by the board.", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "62", "title": "62. Limitation of suits.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "63", "title": "63. Power to make rules.", "chapter": null, "content": "(a) the manner of election of the chairman, vice-chairman and the members of a school board;\n(b) the duties and functions of the chairman and vice-chairman;\n(c) procedure for the conduct of the school board's business [and school committees for non-authorised municipalities;]\n(d) procedure for sanctioning tenders;\n(e) the constitution and functions of village school committees;\n[(ee) Provident Funds, gratuities and pensions for the primary school teachers maintained by an authorised municipality;]\n[(f) the rates of subscriptions and contributions and other conditions of the Provident Fund established for the staff maintained by district school board [****]\n(fa) the conditions of gratuities and pensions for the staff [****] referred to I clause (f);]\n[(fb) the powers and functions to be performed by the State Level Committee namely Vidyasahayak Committee;\n(fc) the powers and functions to be performed by the Village Education Committee and Village School Construction Committee;\n(fd) the persons of which Selection Committees shall consists of;\n(fe) the qualifications for appointment as Vidyasahayak ;\n(ff) the manner and criteria for selection of candidates for appointment as Vidyasahayak ;\n(fg) making of Vidyasahayak Scheme from time to time;\n(fh) the form of contract of appointment to be entered into by a Vidyasahayak and terms and conditions of such appointment to be contained in such contract;\n(fi) the duties of Vidyasahayak ;]\n(g) provision for the welfare of the children attending primary schools including provision for the care of their health and for the physical and moral training;\n(h) pre-vocational courses as a part of upper primary courses;\n(i) regulation of the delegation of powers, duties and functions under this Act;\n(j) matters to be prescribed under this Act.", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "64", "title": "64. Repeal and transitory provision relating to the school boards.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "65", "title": "65. Act to prevail over provisions of certain other acts.", "chapter": null, "content": "[66. [Transitory and special provision, in respect of Kolhapur District School Board on account of reorganisation of States].", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "67", "title": "67. Transitory and special provision, in respect of Banaskantha District School Board, on account of re-organisation of States.", "chapter": null, "content": "(b) Notwithstanding the expiry of the period of office of members, they shall continue in office until the members of the new school board are elected, appointed or nominated, as the case may be.\n(a) the transfer, in whole or in part, of the assets, rights and liabilities (including any rights and liabilities under contract) of the former school board of Banaskantha to the reconstituted school board of Banaskantha and the terms and conditions (if any) of such transfer;\n(b) the transfer or re-employment of any of the employees of the former school board to or by the reconstituted school board of Banaskantha;\n(c) such incidental consequential and supplementary matters as may be necessary to give effect to such apportionment and transfer.\n[68. Validating provisions in respect of certain district school boards.\n(a) any primary schools and other properties, movable and immovable, which were vested in or held by it or were under its control before such reconstitution,\n(b) any primary school teachers and other persons as were employed by or under it before such reconstitution,\n(c) any of its assets and liabilities held or incurred before such reconstitution, to any other scheduled district school board and the latter has taken over the primary schools, properties, primary teachers, persons, assets and liabilities so transferred, such transfer and taking over shall be valid and shall be deemed always to have been valid and such not be called in question merely on the ground that such transfer and taking over was not authorized under the provisions of this Act, or the Saurashtra Primary Education Act, 1956, (Saurashtra Act XXXIII of 1956), as then in force; and accordingly all jurisdiction and powers exercised, functions performed and duties discharged and any other thing done or action taken before the coming into force of the Bombay Primary Education, (Gujarat Extension and Amendment) Act, 1963 (Gujarat XIII of 1963) by a scheduled district school board in respect of such primary schools, properties, primary, teachers, persons, assets and liabilities shall be valid ad shall not be called in question merely on the ground aforesaid:", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "69", "title": "69. Repeal of Saurashtra Act XXXIII of 1956 and saving.", "chapter": null, "content": "[70. References to District School Board to be construed as references to taluka panchayat and district panchayat.\n[71. Construction of references to District School Board so far as Kutch district is concerned.\n[Schedule]\n( See Section 68)\n( See Section 68)\nName of the District School Board\nName of the District School Board\nName of the District.\nName of the District.\n1\n1\n2\n2\n1\nThe District School Board of Ahmedabad\nAhmedabad\n2\nThe District School Board of Jamnagar\nJamnagar\n3\nThe District School Board of Rajkot\nRajkot\n4\nThe District School Board of Bhavnagar\nBhavnagar\n5\nThe District School Board of Junagadh\nJunagadh\n6\nThe District School Board of Amreli\nAmreli\n7\nThe District School Board of Surendranagar\nSurendranagar]", "footnote": "", "is_definition": false, "sort_order": 76 } ], "metadata": { "Act ID": "guj150", "Act Number": "Bombay Act No. 61 of 1947", "Enactment Date": "", "Act Year": "1947", "Short Title": "Bombay Primary Education Act, 1947", "Type": "STATE", "Location": "Gujarat" }, "updated_at": "2026-09-29 21:55:19" }