BOMBAY PRIMARY EDUCATION (GUJARAT EXTENSION AND AMENDMENT) ACT, 1963
GUJARAT ACT NO. XIII OF 1963.
(First published, after having received the assent of the Governor in the “Gujarat Government Gazette” on the 30th March 1963).
An Act to amend the Bombay Primary Education Act, 1947, for the purpose of extending it to, and bringing it into force in, the rest of the State of Gujarat and for certain other purposes.
It is hereby enacted in the Fourteenth Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Bombay Primary Education (Gujarat Extension and Amendment) Act, 1963.
(2) It shall come into force on such date as the State Government, by notification in the Official Gazette, appoint.
Amendment of section 1 of Bom. LXI of 1947.
2. In section 1 of the Bombay Primary Education Act, 1947 (hereinafter referred to as “the principal Act),—”
(i) for sub-section (2),the following shall be substituted, namely:—
“(2) It extends to the whole of the State of Gujarat.”;
(ii) to sub-section (3), the following proviso shall be added, namely:-
“Provided that in the areas to which this Act is extended by the Bombay Primary Education (Gujarat Extension and Amendment) Act, 1963 this Act and the rules made thereunder shall come into force on the date on which the Bombay Primary Education (Gujarat Extension and Amendment) Act, 1963 comes into force.”.
Amendment of section 2 of Bom. LXI of 1947.
3. If section 2 of the principal Act,—
(i) in clause (9), after the figures “1879”, the words “or, as the case may be, that Code as extended to the Kutch area of the State of Gujarat” shall be inserted;
(ii) for the words and figures “and section 19” the words and figures "section 19 and section 68” shall be substituted.
Amendment of section 5 Bom. LXI of 1947.
4. In section 5 of the principal Act, clause (a) shall be renumbered as clause (aa) and before the clause so renumbered the following clause shall be inserted namely:-
“(a) is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgement of allegiance or adherence to State, or.”
Amendment of section 12 of Bom. LXI of 1947.
5. In section 12 of the principal Act, after sub-section (3) following sub-section shall be inserted namely:—
“(4) In the Kutch area of the State, the foregoing provisions of this section shall have effect subject to the following modifications, namely:—
(i) in sub-section (1), for the words “on the date of the coming into force on this Act” the words “on such date as the State Government may, by notification in the Official Gazette, specify” shall be substituted ;
(ii) after the words “district local board” wherever they occur, the words as the case may be, the State Government” shall be inserted.
Amendment of section 16 of Bom. LXI of 1947.
6. In section 16 of the principal Act, in Sub-section (1), after the figures “1925” the words “or under any other corresponding law” shall be inserted.
Amendment of section 22 of Bom. LXI of 1947.
7. In section 22 of the principal Act, after the figures “1925” the words “or that Act as adapted and applied to the Saurashtra area of the State” shall be inserted,
Amendment of section 28 of Bom. LXI of 1947.
8. In section 28 of the principal Act, in sub-section (2).—
Sau. Act XXXIII of 1956.
(i) after the figures “1923”, the words and figures “or under the Saurashtra Primary Education Act, 1956” shall he inserted; and
(ii) after the words “this Act”, the words “in the relevant area” shall be inserted.
Ahmedabad of section 44 of Bom. LXI of 1947.
9. In section 44 of the principal Act, in clause (a) of sub-section (2), after the figure “1923” the words and figures "or section 37 of the Saurashtra Primary Education Act 1956, the case may be” shall be inserted.
Insertion of section 47A in Bom. LXI of 1947.
10. After section 47 of the principal Act, the following new section shall be inserted, namely:—
Audit.
“47A. (i) The accounts of a school board shall be examined and audited at such intervals, in such manner and by such agency as may be prescribed.
(2) Every school board shall publish the audit notes with the replies thereto in its administration report.”.
Amendment of section 58 of Bom. LXI of 1947.
11. In section 58 of the principal Act ,—
(1) in sub-section (1), for the word—
(i) “twelve” the word “sixteen”,
(ii) “six” where it occurs at two places, the word “eight”, and
(iii) “three” the word “four” shall be substituted.
(2) in sub-section (6), in clause (b), for the words “Bombay area of the State of Gujarat” the words “State of Gujarat” shall be substituted.
Amendment of section 59A of Bom. LXI of 1947.
12. In section 59A of the principal Act, after sub-section (5), the following sub-section shall be inserted, namely:—
“(6) Notwithstanding anything contained in sub-section (1) on the date of the coming into force of this Act in the Saurashtra area and the Kutch area of the State, the Board constituted under this section and existing on the said date shall be deemed to be constituted for the whole of the State:
Provided that, having regard to the extension of the jurisdiction of the Board as aforesaid, the State Government may nominate such number of additional member on the Board as it may think fit.”.
Amendment of section 63 of Bom. LXI of 1947.
13. In section 63 of the principal Act, after sub-section (3), the following sub-section shall be added namely:—
“(4) All rules made under this Act shall be laid for not less than thirty day before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following. The modification so made shall be published in the Official Gazette and shall thereupon take effect.”.
Amendment of section 65 of Bom. LXI of 1947.
14. In section 65 of the principal Act, after the figures “1925” the words “or any other corresponding law” shall be inserted.
Repeal of section 66 of Bom. LXI of 1945.
15. Section 66 of the principal Act shall be deleted.
Insertion of section 68, 69 and Schedule in Bom. LXI of 1947.
16. After section 67 of the principal Act, the following sections and Schedule shall be inserted, namely:—
Validating provisions in respect of certain district school boards.
“68. (1) If by virtue of the extension of the Bombay Land Revenue Code, 1879 to the Saurashtra area of the State by the Bombay Land Revenue Code (Extension to Saurashtra area) Ordinance, 1959 and reconstitution of the district specified in column 2 of the Schedule under Government of Bombay Revenue, Department Resolution No. TLC 3858-C, dated the 19th June 1959 any scheduled district school board has transferred—
(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,
(b) any primary school teachers and other persons as were employed by or under it before such reconstitution, -
(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 shall not be called in question merely on the ground that such transfer and taking over was not authorised under the provisions of this Act, or the Saurashtra Primary Education Act, 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, by a scheduled district school board in respect of such primary schools, properties, primary teachers, persons assets and liabilities shall be valid and shall not be called in question merely on the ground aforesaid:
Provided that in the case of primary teachers and persons so taken over, nothing in, this Sub-section shall affect the terms and conditions of service as were applicable to them immediately before such taking over.
(2) Notwithstanding anything contained in this Act or the Saurashtra Primary Education Act, 1956, each of the scheduled district school boards shall be deemed to have been validly constituted for the district specified against it in column 2 of the Schedule from the date of the reconstitution of the district under the aforesaid notification and the terms of office of the members thereof holding office immediately before the date of the commencement of the Bombay Primary Education (Gujarat Extension and Amendment) Act 1963, shall continue under this Act until the scheduled district school Board is constituted under section 4 or the expiry of one year from the said date, or the coming into force of section 155 of the Gujarat Panchayats Act, 1961, whichever is earlier.
Explanation. —For the purpose of this section, a scheduled district school board means a district school board specified in column 1 of the Schedule.”.
Repeal of Saurashtra Act, XXXIII of 1956.
69. (1) The Saurashtra Primary Education Act, 1956 is hereby repealed.
Repeal and saving.
(2) Save as otherwise expressly provided in this Act, anything done or action taken under the Act so repealed shall in so for as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under this Act and shall continue in force until it is superseded by anything done or action taken under this Act.
SCHEDULE (See section 68)
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Name of the District School Board.
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Name of the District.
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1
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2
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1.
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The District School Board of Ahmedabad.
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Ahmedabad.
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2.
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The District School Board of Jamnagar.
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Jamnagar.
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3.
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The District School Board of Rajkot
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Rajkot.
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4.
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The District School Board of Bhavnagar.
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Bhavnagar.
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5.
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The District School Board of Junagadh.
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Junagadh.
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6.
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The District School Board of Amreli.
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Amreli.
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7.
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The District School Board of Surendranagar.
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Surendranagar.”
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