BOMBAY PRIMARY EDUCATION (GUJARAT AMENDMENT) ACT, 1986
GUJARAT ACT NO. 24 OF 1986.
(First published after having received the assent of the President in the “Gujarat Government Gazette” on the 13th September, 1986.
An Act further to amend the Bombay Primary Education Act, 1947.
It is hereby enacted in the Thirty-seventh year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Bombay Primary Education (Gujarat Amendment) Act, 1986.
(2) It shall be deemed to have come into force on the 22nd May, 1986.
Amendment of section 2 of Bom. LXI of 1947.
2. In the Bombay Primary Education Act, 1947 (hereinafter referred to as the principal Act”), in section 2,—
(1) in clause (2), for the portion beginning with the words “or which is” and ending with the words “in this behalf” the following shall be substituted, namely:—
“and includes a private primary school recognised under section 40A;"
(2) after clause (18), the following clause shall be inserted, namely:—
“(18A) “private primary school” means a private primary school which is not maintained by the State Government or by a School Board or by an authorised municipality;”.
Deletion of section 39 of Bom. LXI of 1947
3. In the principal Act, section 39 shall be deleted.
Insertion of new Chapters VIIA and VIIB in Bom. LXI of 1947.
4. In the principal Act, after Chapter VII, the following Chapters shall be inserted, namely:—
“CHAPTER VII-A.
RECOGNITION OF PRIVATE PRIMARY SCHOOLS.
Prohibition against imparting primary education by private primary schools without recognition.
40A (1) On and after the commencement of the Bombay Primary Education (Gujarat Amendment) Act, 1986, no person other than the State Government, a School Board or an authorised municipality shall impart primary education through a school unless such school is recognised under this section.
(2) Every person to whom sub-section (1) applies and who desires to impart primary education by establishing a primary school shall, on an application made to the Director of Primary and Adult Education, Gujarat State (hereinafter referred to as “the Director”) or any other officer authorised by the State Government in this behalf (hereinafter referred to as “the authorised officer”) in such form and on payment of such fees as may be prescribed and, subject to the provisions of sub-section (4), be entitled to have the school recognised on the fulfilment of such conditions as may be prescribed for such recognition.
(3) Notwithstanding anything contained in sub-section (2) every private primary school which on the commencement of the Bombay Primary Education (Gujarat Amendment) Act, 1986, stands recognised as an approved school by a school board or by the State Government or by an officer authorised by it in this behalf shall be deemed to have been recognised under this section from the date of such commencement and shall continue to be so recognised until such recognition is withdrawn under sub-section (7).
(4) On receipt of the application made under sub-section (2), the Director or, as the case may be, the authorised officer shall consider and make an inquiry in respect of such application in such manner as may be prescribed and then decide within a period of three months from the date of receipt of the application as to whether the school may be recognised or the application for recognition be rejected.
(5) The Director or the authorised officer may while recognising a school, impose such of the prescribed conditions on the management of the school as he thinks fit.
(6) Every recognised school shall be given a certificate of recognition in the prescribed form.
(7) Where any person in charge of the management of a recognised school has been after due inquiry in the prescribed manner by the Director or the authorised officer, found to have committed default in carrying out any of the obligations imposed on such person under this Act or the rules made under this Act or any instructions issued to him by the State Government, the Director or, as case the may be, the authorised officer shall after giving such person an opportunity of being heard, direct that the recognition of the school be withdrawn for such period as may be specified in the direction or be withdrawn permanently.
(5) Any person aggrieved by the decision of the Director or the authorised officer under sub-section (4) or sub-section (7) may within a period of one month from the date on which the decision is communicated to him, appeal to the State Government, and the State Government shall decide the appeal within two months from the date of the presentation of the petition of appeal and the decision in such appeal shall be final.
(9) The State Government may, on sufficient cause being shown, direct at any time that the recognition of the school which has been withdrawn, may be restored on such conditions and on payment of such fees as may be prescribed and on such further conditions, as the State Government may deem fit to impose.
(10) Where the recognition of a school is withdrawn under sub-section (7) the certificate of recognition issued to the person in charge of the management thereof shall be deemed to have been cancelled and such person shall forthwith surrender the certificate of recognition to the Director or the authorised officer. The cancellation of certificate of recognition shall be published by the Director or, as the case may be, the authorised officer in the Official Gazette and in such news papers as the Director or the authorised officer may select.
CHAPTER VII—B
PROCEDURE FOR IMPOSITION OP PENALTY ON TEACHERS OF RECOGNISED PRIVATE PRIMARY SCHOOLS.
Dismissal removal or reduction in rank of teachers.
40B. (1) (a) No teacher of a recognised private primary school shall be dismissed or removed or reduced in rank nor his service be otherwise terminated until—
(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
(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:
Provided that nothing in this clause shall apply to a teacher who is appointed temporarily for a period less than a year or a teacher appointed temporarily on a leave vacancy for a period less than a year.
Explanation.— A teacher who is appointed temporarily for a period of less than a year or a teacher who is appointed temporarily on a leave vacancy for a period of such vacancy shall not be deemed to be a teacher appointed temporarily for such period, if he has at any time prior to such appointment served as a teacher either in the same private primary school or in another private primary school under the same management and the aggregate of the period of such past service and the period of service for which he is appointed exceeds one year.
(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.
(2) Where the administrative officer fails to communicate either approval or disapproval within a period of forty five days specified in clause (b) of sub-section (i), the proposed action shall be deemed to have been approved by the administrative officer on the date of the expiry, of the said period.
(3) No penalty (being the penalty other than that referred to in subsection (1) shall be imposed on a teacher of the private primary school unless such teacher has been given reasonable opportunity of being heard.
(4) Where a teacher of a private primary school is suspended by the manager of the school pending any inquiry proposed to be held against him, the fact of his suspension together with the grounds therefor shall be communicated within a period of seven days, after such suspension by the manager to the administrative officer of the school board in the jurisdiction of which the school is situate, and such suspension shall be subject to ratification by the administrative officer
Within a period of forty five days from the date of receipt of communication in this behalf by the administrative officer and if such ratification is not communicated to the manager by the administrative officer within such period, the suspension of such teacher shall cease to have effect on the expiry of the said period:
Provided that a teacher shall, during the period of suspension, be entitled to such subsistence allowance, and on such terms and conditions as may be prescribed.
(5) Any teacher aggrieved by, the order of the administrative officer under sub-clause (ii) of clause (a) of sub-section (1) may make an appeal to the tribunal within a period of thirty days from the date on which the administrative officer has approved or deemed to have approved the action.
Explanation.—For the purposes of this section, and section 40C,—
(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;
(b) “teacher” means a teacher of a recognised private primary school;
(c) “Tribunal” means a Tribunal constituted under section 40F.
Registration of a teacher.
40C. If a teacher desires to tender his resignation he shall tender the same in person to the administrative officer of the school board in jurisdiction of which the school is situate and the resignation of a teacher shall not be accepted by the manager unless it is so tendered and forwarded to the manager by the administrative officer duly endorsed. The acceptance of any resignation tendered in contravention of this section shall be ineffective.
Certain contracts etc. to be null and void.
40D. (a) Every contract between a recognised private primary school and a teacher in service of such school whether made before or after the commencement of the Bombay Primary Education (Gujarat Amendment) 1986, and
(b) any term or condition of service of such teacher whether employed before 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.
Dispute to be decided by Tribunal.
40E. Where there is any dispute between the manager of a recognised private primary school and teacher in service, of such school which is connected with the conditions of service of such teacher, the manager or, as the case may be, the teacher may make an application to the Tribunal instituted under section 40F for the decision of the dispute.
Tribunal.
40F. (1) There shall be constituted by the State Government by an order published in the official Gazette one or more Tribunals for the purpose of this Chapter.
(2) A Tribunal shall have jurisdiction for such area may be specified by the State Government in the order referred to in sub-section (1)
(3) The State Government shall appoint a District Judge or a person who has been or is qualified to be a Judge of a High Court or to be a District Judge to be the Tribunal.
(4) It shall be the ditty of the Tribunal to entertain and decide dispute of the nature referred to in section 40E and to deal with and decide all applications and proceedings made or transferred to it under sub-section (2) of section 40G and also to entertain and decide appeal made under subsection (5) of section 40B.
(5) The Tribunal shall follow such procedure aa the State Government may by general order direct.
(6) The Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit, in respect of the following matters, namely :—
(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;
and every inquiry or investigation by the Tribunal shall be deemed to , be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code. -
(7) The Tribunal shall be deemed to be a court for the purpose of section 5 of the Limitation Act, 1963,
(8) The decision of the Tribunal ’shall be final and no suit shall lie in any civil court in respect of the matters decided by it.
(9) Where any order of dismissal, removal or reduction in rank el a teacher of a recognised private primary school is decided by the Tribunal to be wrong, unlawful or otherwise unjustified, the Tribunal may pass an order directing that the teacher concerned shall be reinstated in service or, as the case may be, restored to the rank which he held immediately before his reduction in rank, by the manager, and the manager shall forthwith comply with such direction.
40G (1) No civil court shall bare jurisdiction to settle, decide or decide with any question which is by or under this Chapter required to be settled, decided or dealt with by the Tribunal.
(2) All suite and proceedings between the manager of a recognised private primary school and a teacher in service, of such school relating to disputes connected with the conditions of service of such teacher, which are pending in any civil court on the date of the commencement of the Bombay Primary Education (Gujarat Amendment) Ordinance, 1986 shall be transferred to and continued before the Tribunal:
Provided that nothing in this section shall apply to execution proceedings appeals arising out of decrees or orders passed by such court before the commencement of the Bombay Primary Education (Gujarat Amendment) Ordinance, 1986, and such execution proceedings and appeals shall be decided and disposed of as if the Bombay Primary Education (Gujarat Amendment) Act, 1986 had not been passed.
Savings.
40H. Nothing contained in sub-clause (ii) of clause (a) and clause (b) of sub-section (1) and sub-sections (2), (4) and (5) of section 40B and section 40C shall apply to any recognised private primary school established and administered by a minority, whether based on religion or language,”.
Repeal and savings.
5. (1) The Bombay Primary Education (Gujarat Amendment) Ordinance, 1986 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. |
