Bare Acts Live

The Gujarat Secondary and Higher Secondary Education Act, 1972

Gujarat Act No. 18 of 1973

guj183

Chapter I

Preliminary

(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" mean's the Gujarat Secondary [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 [or a Government higher secondary school] are, on their transfer to a private secondary school [or private higher secondary school], guaranteed by the State Government;

(h) "headmaster" means the head of the teaching and non-teaching staff of a secondary school [or of a higher secondary school] by whatever style designated;

[(hh) "higher secondary education" means education including post basic education from eleventh standard to twelfth standard;

(hhhh) "Higher Secondary School Certificate Examination" means an examination of the students in the twelfth 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 [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;

[(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 person 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 Schools [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 [or a higher secondary school] or a post basic school registered by the Board under Section 31;

(t) "regulations" means regulations made under Sections 53 or 54;

[(u) "secondary education" means education, including post basic education, from eighth standard to tenth Standard;]

(v) "secondary school" means a school imparting secondary education;

[(w) "Secondary School Certificate Examination" means an examination of the students in the tenth standard;]

(x) "teacher" means a teacher of a registered school but does not include a headmaster;

(y) "Tribunal" means a Tribunal constituted under Section 39;

(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 Gujarat Compulsory Primary Education Act, 1961 (Gujarat XLI of 1961) and the Bombay Primary Education Act, 1947 (Bombay LXI of 1947).

Chapter II

Constitution, Incorporation and Powers of Board

Class A-Ex-Officio Members

[(i) The Commissioner of Higher Education.

(xv) The Officer on Special Duty, Gujarat Secondary and Higher Secondary Education Board.]

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 (III of 1956):

(ii) Five members elected by the headmasters of registered schools other than post basic schools from amongst themselves.

(iii) One member elected by the head-masters of the post basic schools registered under this Act from amongst themselves.

(iv) Five members elected by the teachers of registered 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 Graduate Basic Training Colleges from amongst themselves in such manner as may be prescribed.

[(vi-a) One member elected by the non-teaching staff of registered private secondary schools from amongst themselves.]

[(vi-ab)One member elected by non-teaching staff of registered secondary and higher secondary schools from amongst themselves.

[(vi-aa) three members elected by the teaching staff of registered higher secondary schools from amongst themselves.]

[(vi-aaa) One member elected from amongst teachers of Government secondary and higher secondary schools.]

[(vii) four members elected by the representatives of the management of registered Secondary and Higher Secondary Schools registered under the Societies Registration Act, 1860 (Act XXI of 1860) and the Bombay Public Trusts Act, 1950 (Bombay XXIX of 1950) from amongst themselves in such manner as may be prescribed.]

[***]

(ix) three members elected by the presidents of the Parents' Associations of registered private secondary schools [and registered private higher secondary schools] from amongst themselves.

(1) "Parents' Association" in relation to any registered private secondary schools [and registered private higher secondary schools] shall mean an association of parents and guardians of students of that school, formed and recognised by the headmaster of that school, whether before or after the appointed day,

(2) (a) in relation to a Parents' Association whose President is a headmaster, a teacher, a manager or a member of a governing 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 Association; and

(b) in a case where the President of a Parents' 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.

[(c) A member of the Parent's 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:

Class C-Nominated Members

(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 [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:

(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 undischarged insolvent;

(iii) has been convicted by a Court of law for an offence involving moral turpitude.

(1) to advise the State Government on reference made to it or on its own motion on matters of policy relating to secondary education [and higher secondary education] in general, and on the following matters in particular, namely:-

(a) evaluation of suitable patterns of secondary education [and higher secondary education];

(b) prescription and maintenance of educational standards for such patterns of secondary education [and higher secondary education];

(c) integration of national and State policy in respect of secondary education [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 [and higher secondary education] and to approve and to recommend to 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 educational experiments and research in secondary education [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 [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 reasonable opportunity of being heard to the management of the school, the Board is of the 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 instructions issued by the board to ensure maintenance of academic standards in secondary education [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;

(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;

[***]

(16) to exercise proper and effective control on the academic performance and conduct of head-masters and teachers of registered private secondary schools [and registered private higher secondary schools] and to issue instructions in that behalf to the managements of such schools;

[(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 standards eighth 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;

[(17A) to register, in accordance with the prescribed procedure, higher secondary school for teaching such subjects in standards eleventh and twelfth 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 [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 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 and conditions of appointment, promotion and termination of employment and rules for conduct and discipline of the headmaster and the teaching and nonteaching staff of registered private secondary schools [and registered private higher secondary schools];

(27) to lay down conditions for admission of regular and private candidates to the [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 referred to as "other examinations");

(28) to conduct the [Secondary School Certificate Examination, the Higher Secondary School Certificate Examination] and other examination and award certificates to candidates passing the examinations;

(29) to require the registered schools to extend co-operation in the conduct of the [Secondary School Certificate Examination, the Higher Secondary School Certificate Examination];

(30) to appoint paper setters, examiners, moderators, supervisors and other necessary personnel for conducting the [Secondary School Certificate Examination, the Higher Secondary School Certificate Examination] and other examinations, for the evaluation of the performance of the candidates and for compilation and declaration of results;

(31) to open centres for the [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 [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 [Secondary School Certificate Examination, the Higher Secondary School Certificate Examination] and other examinations or administrations of a registered school;

(34) to generally evaluate the performance of students at all examinations in registered schools, including the Secondary School Certificate Examination [and the Higher Secondary School Certificate 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 [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 referred 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;

(42) on receipt of a notice under Section 44 in regard to any registered private secondary school [and registered private higher secondary school] to encourage the management 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 the 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.

Chapter III

Finance, Accounts and Audit

(a) fees, royalties and charges (including prescribed penalties) levied by it;

(b) grants, assignments, contributions and loans if any, given to it by the State Government;

(c) bequests, donations and endowments or other contributions, if any, given to it;

(d) interest on, and sale proceeds of securities vested in it;

(e) all rents and profits from the property vested in it;

(f) other moneys received by it or on behalf of it.

Chapter IV

Registration

Chapter V

Taking Over Management

(a) the property specified in such notice shall, on and from the date of such publication, cease to be subject to the control and management of the State Government,

(b) possession of such school and its properties shall be deemed to have been delivered on such date to the person entitled to the possession thereof, and

(c) the State Government shall not be liable for any rent, compensation or any other claim in respect of such school and its properties for any period after the said date.

Chapter VI

Provisions Relating to Services in Registered Private Secondary Schools

(a) "Scheduled Castes" means such castes, races or tribes, or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under Article 341 of the Constitution of India.

(b) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under Article 342 of the Constitution of India.

(a) a school staff selection committee for the purpose of recruiting the teaching staff of the school other than the head-master,

(b) a special school committee for the purpose of recruiting the headmaster and for the purpose of the initial recruitment of the headmaster and the teaching staff of a school started after the appointed day.

(i) Two representatives of the management of the school to be nominated by the management.

(ii) The headmaster of the school.

(iii) In the case of a school the total number of teachers in which is more than six, two teachers to be elected by the teachers of the school from amongst themselves, and in the case of a school the total number of teachers in which is or is less than six, one teacher to be elected by the teachers of the school from amongst themselves; and

(iv) One representative of the Board to be nominated by the Board.

(i) Two representatives of the management of the school to be nominated by the management.

(ii) Two representatives of the Board to be nominated by the Board.

(a) he has been given by the manager a reasonable opportunity of showing cause against the action proposed to be taken in regard to him, and

(b) the action proposed to be taken in regard to him has been approved in writing by an officer authorised in this behalf by the Board:

(a) enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents and material objects;

(c) issuing commissions for the examination of witnesses;

(d) such other matters as may be prescribed;

Chapter VII

Offences and Penalties

(a) wilfully communicates any such particulars to any person other than a person to whom he is authorised to communicate; or

(b) uses such particulars in a manner prejudicial to the secrecy thereof, or

(c) retains such document in his possession or control when he has no right to retain it or where it is contrary to his duty to retain it or wilfully fails to comply with any direction issued by a lawful authority with regard to the return or disposal of such document; or

(d) fails or neglects to take reasonable case of, or so conducts himself as to endanger of the secrecy of such document, shall be guilty of an offence under this section.

Chapter VIII

Miscellaneous

(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, vacate their offices as such members;

(b) all powers, duties and functions of the Board of its Committees 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 that behalf;

(c) all property vested in the Board shall during the period of dissolution or supersession vest in the State Government.

(a) the constitution, powers and functions of committees appointed under Section 18 and the term of office of members thereof;

(b) the subjects for the annual examinations of all standards in registered schools;

(c) the admission of candidates to the annual examinations and conditions governing such admissions;

(d) the marks required for passing in any subject and at the annual examination as a whole, and for exemption, credit and distinction in any subject;

(e) the fees for admission to the examinations conducted by the Board and other fees and charges payable in respect of other matters connected with these examinations;

(f) the arrangements for the conduct of [Secondary School Certificate Examination, Higher Secondary School Certificate Examination] and other examinations and publication of results;

(g) the appointment of examiners, their powers and duties in relation to the examinations and their remuneration;

(h) the qualifications and disqualifications of examiners;

(i) the award of certificates;

(j) the control, administration, safe custody and management in all respects of the finances of the Board;

(k) the date before which and the manner in which the Board shall prepare its budget estimates;

(l) any other matter which is to be or may be prescribed under this Act.

(a) the procedure to be followed at the meetings of the Board and the Committees appointed by it and the number of members required to form a quorum at such meetings;

(b) the travelling and daily allowances which may be drawn by members of the Board or any committee;

(c) any other matter solely concerning the Board and its Committees not provided for by this Act or the regulations made thereunder.

(a) all property, movable and immovable, all rights and interests of whatever kind, and all powers and privileges of the dissolved Board shall on the said date stand transferred to the Board and shall without further assurance vest in the Board, and shall thereafter be applied to the objects and purposes for which the Board is constituted;

(b) all benefactions accepted or received by the dissolved Board shall be deemed to have been accepted or received by the Board under this Act and all conditions on which such benefactions were accepted or received shall be deemed to be valid under this Act, notwithstanding that such conditions are inconsistent with the provisions of this Act;

(c) any will, deed or other document made before the said date which contains and bequest, gift, terms or trust in favour of the dissolved Board shall on and from the said date, be construed as if the Board is named therein instead of the dissolved Board;

(d) all institutions recognised and admitted to the privileges of the dissolved Board immediately before the said date shall be deemed to be recognised and admitted to the privileges of the Board established under this Act, save in so far as such recognition or privileges may be withdrawn, restricted or modified by or under the provisions of this Act;

(e) all debts, liabilities and obligations incurred before the said date arid lawfully subsisting against the dissolved Board shall be discharged and satisfied by the Board;

(f) all references in any enactment or other instruments issued under any enactment to the dissolved Board shall be construed as references to the Board;

(g) all officers and servants of the State Government serving under the dissolved Board immediately before the said date may from the said date be taken over and employed by the Board for the purposes of this Act and they shall subject to such general or special orders as may be made by the State Government regarding their absorption and seniority continue to hold office on the same conditions of service as the changed circumstances may permit until such conditions are duly altered under this Act :

Schedule

(See Section 59)