THE GUJARAT SECONDARY EDUCATION (AMENDMENT) ACT, 2002
PART IV
Acts of the Gujarat Legislature and Ordinances promulgated and regulations made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the Governor on the 6th April, 2002 is hereby published for general information.
V. M. KOTHARE,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 14 OF 2002
(First published, after having received the assent of the Governor in the “Gujarat Government Gazette” on the 6th April, 2002).
AN ACT
further to amend the Gujarat Secondary Education Act, 1972.
It is hereby enacted in the Fifty-third Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may be called the Gujarat Secondary Education (Amendment) Act, 2002.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of long title of Guj. 18 of 1973
2. In the Gujarat Secondary Education Act, 1972 (hereinafter referred to as “the principal Act”), in long title, after the word “secondary”, the words “and higher secondary” shall be inserted.
Amendment of section 1 of Guj. 18 of 1973
3. In the principal Act, in section 1, in sub-section (1), after the word “Secondary”, the words “and Higher Secondary” shall be inserted.
Amendment of section 2 of Guj. 18 of 1973
4. In principal Act, in section 2,-
(1) in clause (b), after the word “Secondary”, the words “and Higher Secondary” shall be inserted;
(2) in clause (g),‑
(i) after the words “Government secondary school”, the words “or a Government higher secondary school” shall be inserted;
(ii) after the words “private secondary school”, the words “or private higher secondary school” shall be inserted;
(3) in clause (h), after the words “secondary school”, the words “or of a higher secondary school” shall be inserted;
(4) after clause (h), the following clauses shall be inserted, namely:-
“(hh) “higher secondary education” means education including post basic education from eleventh standard to twelfth 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 twelfth standard;”;
(5) in clause (l), after the words “secondary education”, the words “ or higher secondary education” shall be inserted;
(6) after clause (n), the following clause shall be inserted, namely:‑
“(nn) “private higher secondary school” means higher secondary school which is not owned, managed or sponsored by the Central or State Government;”;
(7) in clause (r), after the words “Secondary Schools”, the words “or the Register of Higher Secondary Schools” shall be inserted;
(8) in clause (s), after the words “a secondary school”, the words “or a higher secondary school” shall be inserted;
(9) for clause (u), the following clause shall be substituted, namely:‑
“(u) “secondary education” means education including post basic education from eighth standard to tenth standard;”;
(10) for clause (w) and the Explanation thereunder, the following clause shall be substituted, namely:‑
“(w) “Secondary School Certificate Examination” means an examination of the students in the tenth standard;”.
Amendment of section 3 of Guj. 18 of 1973
5. In the principal Act, in section 3,‑
(1) in sub-section (1), after the word “Secondary”, the words “and Higher Secondary” shall be inserted;
(2) in sub-section (2),‑
(a) under the heading “Class A- Ex-Officio Members.”, for clauses to (x), the following clauses shall be substituted, namely:‑
“(i) The Commissioner of Higher Education.
(ii) The Commissioner of Schools 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 Educational 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.”;
(b) under the heading “Class B-Elected Members”,‑
(i) after clause (vi-a), the following clause and Explanation thereunder shall be inserted, namely:‑
“(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 (iv-a) and (iv-ab) shall not be eligible to be nominated as the member of the school staff selection committee for teachers and principals.”;
(ii) after clause (vi-aa), the following clause shall be inserted, namely:‑
“(vi-aaa) One member elected from amongst teachers of Government secondary and higher secondary schools.”;
(iii) for clause (vii), the following clause shall be substituted, namely:‑
“(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.”;
(iv) clause (viii) shall be deleted;
(v) in clause (ix) and in para (1) of the Explanation thereunder, after the words “secondary schools” the words “and registered private higher secondary schools” shall be inserted;
(vi) in clause (ix), in the Explanation, in para (2), after sub-para (b), the following sub-para shall be added, namely:‑
“(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.”;
(vii) in clause (x),-
(i) in the third proviso, after the word “schools”, the words “and registered private higher secondary schools” shall be inserted;
(ii) in the fourth proviso,‑
(a) after the words “private secondary schools”, the words “registered private higher secondary schools” shall be inserted;
(b) for the words “registered secondary schools”, the words “registered schools” shall be substituted,
Amendment of section 8 of Guj. 18 of 1973
6. In the principal Act, in section 8, in clause (a), in sub-clause (i), for the words “Secondary School Certificate Examination”, the words “Secondary School Certificate Examination, the Higher Secondary School Certificate Examination” shall be substituted.
Amendment of section 17 of Guj. 18 of 1973
7. In the principal Act, in section 17,‑
(1) in clause (1), after the words “secondary education” wherever they occur, the words “and higher secondary education” shall be inserted;
(2) in clauses (2), (6), and (8) after the words “secondary education”, the words “and higher secondary education” shall be inserted;
(3) in clause (7), after the words “secondary school”, the words “or higher secondary school” shall be inserted;
(4) in clause (16), after the words “secondary schools”, the words “ and registered private higher secondary schools” shall be inserted;
(5) after clause (16), the following clause shall be inserted, namely:‑
“(16A) to direct the school managements and the staff of the registered schools to perform the duties related to examination conducted by the Board.”;
(6) after clause( 17), the following clause shall be inserted, namely:‑
“(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 tit and to grant permission for opening additional divisions of existing standards in such schools;”;
(7) in clause (18), after the words “secondary schools”, the words “or higher secondary schools” shall be inserted;
(8) in clause (26), after the words “secondary schools”, the words “and registered private higher secondary schools” shall be inserted;
(9) in clauses (27) to (33), for the words “Secondary School Certificate Examination”, the words “Secondary School Certificate Examination, the Higher Secondary School Certificate Examination” shall be substituted;
(10) in clause (34), after the words “Secondary School Certificate Examination”, the words “and the Higher Secondary School Certificate Examination” shall be added;
(11) in clause (36), for the words “Secondary School Certificate Examination”, the words “Secondary School Certificate Examination, the Higher Secondary School Certificate Examination” shall be substituted;
(12) in clause (42), after the words “secondary school”, the words “ and registered private higher secondary school” shall be inserted.
Amendment of section 18 of Guj. 18 of 1973
8. In the principal Act, in section 18, in sub-section (1), for the words “Executive Committee”, the words “Executive Committee, Education Committee” shall be substituted.
Amendment of section 31 of Guj. 18 of 1973
9. In the principal Act, in section 31,-
(1) in sub-section (1), after the words “secondary education”, the words “or higher secondary education” shall be inserted;
(2) after sub-section (2), the following sub-section shall be inserted, namely:‑
“(2A) As soon as may be after the commencement of the Gujarat Secondary Education (Amendment) Act, 2402, the Board shall prepare and maintain thereafter, a register of Higher Secondary Schools in accordance with the provisions of this Act;”;
(3) in sub-section (4),‑
(a) after the words “secondary-education”, the words “ or higher secondary education” shall be inserted;
(b) after the words “secondary schools”, the words “ or, as the case may be, higher secondary schools” shall be inserted;
(4) after sub-section (5), the following sub-section shall be inserted, namely:‑
“(5A) Notwithstanding anything contained in sub-section (4), the name of every higher secondary school which immediately before the commencement of the Gujarat Secondary Education (Amendment) Act, 2002, is a recognised school shall be entered in the register and shall be deemed to have been entered in the register from the date of such commencement and shall continue thereon until removed under the provisions of this Act;”;
(5) in sub-section (7), after the words “secondary schools”, the words “and higher secondary schools” shall be inserted;
(6) in the marginal note, after the words “secondary education”, the words “and higher secondary education” shall be inserted.
Amendment of section 33 of Guj. 18 of 1973
10. In the principal Act, in section 33, in sub-section (1), after the words “registered private secondary school”, the words “or registered private higher secondary school” shall be inserted.
Amendment of section 34 of Guj. 18 of 1973
11. In the principal Act, in section 34,‑
(1) in sub-section (1), after the words “registered private secondary school”, the words “and a registered private higher secondary school” shall be inserted;
(2) n sub-section (2),‑
(a) after the words “registered private secondary schools”, the words “and registered private higher secondary schools” shall be inserted;
(b) in the second proviso, after the words “any registered private secondary school”, the words “ or registered private higher secondary school” shall be inserted;
(3) in the marginal note, after the words “registered private secondary schools”, the words “or registered private higher secondary schools” shall be inserted.
Amendment of section 35 of Guj. 18 of 1973
12. In the principal Act, in section 35,‑
(1) in sub-section (1), after the words “registered private secondary school”, the words “and every registered private higher secondary school” shall be inserted;
(2) in the marginal note, after the words “registered private secondary schools”, the words “ and registered private higher secondary schools” shall be inserted.
Amendment of section 41 of Guj. 18 of 1973
13. In the principal Act, in section 41, in sub-section (1), after the words “registered private secondary school”, the words “or registered private higher secondary school” shall be inserted.
Amendment of section 44 of Guj. 18 of 1973
14. In the principal Act, in section 44, in sub-section (1), after the words “registered private secondary school”, the words “or registered private higher secondary school” shall be inserted.
Amendment of section 53 of Guj. 18 of 1973
15. In the principal Act, in section 53, in sub-section (2), in clause (f}, for the words “Secondary School Certificate Examination”, the words “Secondary School Certificate Examination, Higher Secondary School Certificate Examination” shall be substituted.
Construction of references to Gujarat Secondary Education Board in laws, etc.
16. (1) Any reference to the Gujarat Secondary Education Board in any law for the time being in force or in any instrument or other document shall be construed as a reference to the Gujarat Secondary and Higher Secondary Education Board.
(2) Any act done by or any suit or other proceeding filed by or against the Gujarat Secondary Education Board before the commencement of this Act shall be deemed to have been done or, as the case may he, filed by or against the Gujarat Secondary and Higher Secondary Education Board.
Transitory provision
17. The Gujarat Secondary Education Board functioning immediately before the commencement of this Act shall, notwithstanding that its constitution has been rendered inconsistent with the provisions of the principal Act as amended by this Act continue after such commencements subject to other provisions of the principal Act as amended by this Act.
Amendment of certain provisions of Acts relating to certain Universities in the State
18. Each of the Acts specified in the second column of the Schedule shall be amended in the manner and to the extent, specified against it in the third column thereof.
SCHDULE
(See section 18)
Serial number
|
Short title
|
Extent of amendment
|
1
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2
|
3
|
1
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The Maharaja Sayajirao University of Baroda Act, 1949 (Baroda Act XVII of 1949).
|
In section 44,—
(a) the words “in the eleventh standards” shall be deleted;
(b) for the words “conducted by the Secondary School Certificate Examination Board”, the words “conducted by the Gujarat Secondary and Higher Secondary Education Board” shall be substituted.
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2
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The Gujarat University Act, 1949 (Bom. L of 1949).
|
In section 42, in clause (i),-
(a) the words “in the eleventh standard” shall be deleted;
(b) for the words “conducted by the Secondary School Certificate Examination Board”, the words “conducted by the Gujarat Secondary and Higher Secondary Education Board” shall be substituted.
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3
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The Sardar Patel University Act, 1955 (Bom. XL of 1955)
|
(1) In section 15, under the heading “I. Ex-Officio fellow”, in paragraph (B), for clause (xiii), the following clause shall be substituted, namely:-
“(xiii) The Chairman of the Gujarat Secondary and Higher Secondary Education Board”.
(2) In section 33, in clause (i),-
(a) the words “in the eleventh standard” shall be deleted;
(b) for the words “conducted by the Secondary School Certificate Examination Board”, the words “conducted by the Gujarat Secondary and Higher Secondary Education Board” shall be substituted.
|
4
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The South Gujarat University Act, 1965 (Guj. 38 of 1965).
|
(1) In section 16, in sub-section (1), under the heading “Class I-Ex-Officio Members”, in paragraph (B), for clause (vi), the following clause shall be substituted, namely:-
“(vi) The Chairman of the Gujarat Secondary and Higher Secondary Education Board”.
(2) In section 43, in clause (i),-
(a) the words “in the eleventh standard” shall be deleted;
(b) for the words “conducted by the Secondary School Certificate Examination Board”, the words “conducted by the Gujarat Secondary and Higher Secondary Education Board” shall be substituted.
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5
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The Saurashtra University Act, 1965 (Guj. 39 of 1965).
|
(1) In section 16, in sub-section (1), under the heading “Class I-Ex-Officio Members”, in paragraph (B), for clause (vi), the following clause shall be substituted, namely:-
“(vi) The Chairman of the Gujarat Secondary and Higher Secondary Education Board”.
(2) In section 43, in clause (i),-
(a) the words “in the eleventh standard” shall be deleted;
(b) for the words “conducted by the Secondary School Certificate Examination Board”, the words “conducted by the Gujarat Secondary and Higher Secondary Education Board” shall be substituted.
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6
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The Bhavnagar University Act, 1978. (Guj. 26 of 1978)
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(1) In section 15, in sub-section (1), under the heading “Class-I EX-OFFICIO MEMBERS”, in paragraph (B), for clause (iv), the following clause shall be substituted, namely:-
“(iv) The Chairman of the Gujarat Secondary and Higher Secondary Education Board”.
(2) In section 44, in clause (i),-
(a) the words “in the eleventh standard” shall be deleted;
(b) for the words “conducted by the Gujarat Secondary Education Board”, the words “conducted by the Gujarat Secondary and Higher Secondary Education Board” shall be substituted.
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7
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The North Gujarat University Act, 1986. (Guj. 22 of 1986)
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(1) In section 16, in sub-section (1), under the heading “Class-I Ex-Officio Members”, in paragraph (B), for clause (iv), the following shall be substituted, namely:-
“(iv) The Chairman of the Gujarat Secondary and Higher Secondary Education Board.”.
(2) In section 50, in clause (i),-
(a) the words “in the eleventh standard” shall be deleted;
(b) for the words “conducted by the Gujarat Secondary Education Board”, the words “conducted by the Gujarat Secondary and Higher Secondary Education Board” shall be substituted.
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