Vidhi Codex

The Bombay Primary Education Act, 1947

The Bombay Primary Education Act, 1947

Education194793 sections

This Act provides a legal framework for organizing, managing, and expanding primary education across the State of Gujarat. It applies to children aged six to fourteen, parents, primary school teachers, local municipal authorities, district school boards, and private educational institutions. The legislation establishes district and municipal school boards to control approved schools, enforce compulsory school attendance, recruit staff, and manage education funds. It also mandates government supervision, sets standards for private school recognition, and protects teacher employment rights through dedicated tribunals. This law matters because it establishes structured public primary schooling, promotes literacy, and ensures access to compulsory basic education.

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  1. 1. Short title and extent
  2. 2. Definitions
  3. 3. Constitution of school boards
  4. 4. School Boards
  5. 5. Disqualifications of members
  6. 6. Determination of validity of elections; enquiry by Judge: procedure.
  7. 6A. Disqualification at time of election, etc., discovered subsequently.
  8. 7. Disqualification after becoming member.
  9. 7A. Penalty for sitting or voting when disqualified.
  10. 8. Disabilities on account of interest in subject matter.
  11. 9. Removal of members of school board for misconduct.
  12. 9A. Disqualification of person for misconduct after he has resigned as member
  13. 10. Election of chairman and vicechairman.
  14. 10A. Authority in place of district school board where there is no district local board.
  15. 11. Incorporation of district school boards.
  16. 12. Vesting of property in and absorption of staff by district school board.
  17. 13. Powers, duties and functions of district school boards.
  18. 14. Relinquishment of powers and duties
  19. 15. Constitution of taluka advisory committee
  20. 16. Authorized Municipalities to exercise powers, etc. and hold properties of local authority municipalities
  21. 17. Duties and functions of authorised municipalities
  22. 18. Powers, duties and functions of municipal school boards
  23. 18A. Vesting of property and absorption of staff in merged area
  24. 19. Exercise of powers, etc., and holding of property in respect of nonauthorised municipalities
  25. 20. District, school board, authorised municipality to maintain adequate staff, pay, etc.
  26. 21. Administrative officer
  27. 22. Delegation of power to appoint Administrative Officer to certain authorized municipalities
  28. 23. Staff selection committee
  29. 23A. Selection of Vidyasahayaks
  30. 24. Powers of Administrative Officer over school board staff
  31. 25. Preparation of Scheme
  32. 26. Preparation of scheme by authorized municipality
  33. 27. Particulars to be contained in scheme
  34. 28. Sanction of State Government to scheme
  35. 29. Modification, etc., of sanctioned schemes
  36. 30. Power to exempt children of particular classes
  37. 31. No fees to be charged in area of compulsion
  38. 32. Duty of parent to cause children to attend school
  39. 33. Meaning of reasonable excuse
  40. 34. Issue of attendance order
  41. 35. Penalty for failure to cause child to attend approved school
  42. 36. Penalty for employing child to whom scheme applies
  43. 36A. Courts competent to try offences under sections 35 and 36
  44. 36B. Constitution of Primary Schools Panchayat; its powers and procedure
  45. 36C. Certificate of Head Masters of approved school to be conclusive evidence of parent's failure to comply with section 32
  46. 36D. Saving of pending proceedings
  47. 37. Administrative Officer to be public servant
  48. 38. Subject, curricula, etc. of approved schools
  49. 39. Recognition of and grants to approved schools under private management
  50. 40. Inspection of approved schools; returns
  51. 40A. Prohibition against imparting primary education by private primary schools without recognition
  52. 40B. Dismissal, removal or reduction in rank of teachers
  53. 40C. Resignation of a teacher
  54. 40D. Certain contracts etc. to be null and void
  55. 40E. Dispute to be decided by Tribunal
  56. 40F. Tribunal
  57. 40G. Bar of jurisdiction of courts
  58. 40H. Savings
  59. 41. Payment to be made by district local board and non-authorised municipality
  60. 42. Contribution by State Government
  61. 43. District school board budget
  62. 44. Primary education fund
  63. 45. Application of primary education fund
  64. 46. Deposit of primary education fund
  65. 46A. Provident Fund
  66. 47. Payment of travelling allowances to Chairman, ViceChairman and members of school board
  67. 47A. Audit
  68. 48. Inspecting staff
  69. 49. Inspecting officers to be present at school board meetings
  70. 50. Power to call for return or require explanation etc.
  71. 51. Power of suspending execution of orders, etc. of school board
  72. 52. Default by authorized municipality
  73. 53. Power of State Government to provide for performance of duties on default by school board
  74. 54. Directions by State Government
  75. 55. Enquiry into affairs of School Board
  76. 56. Dissolution or super-session of school board in certain circumstances
  77. 57. Dissolution of district school board and its reconstitution on alteration of limits of district
  78. 58. Constitution of Board of Primary Education
  79. 59. The powers and duties of the said board
  80. 59A. Transitory and special provision on account of re-organisation of Bombay State
  81. 60. Delegation
  82. 61. Delegation by authorised municipalities and school boards of their powers, duties and functions
  83. 62. Limitation of suits
  84. 63. Power to make rules
  85. 64. Repeal and transitory provision relating to school boards
  86. 65. Act to prevail over provisions of certain other Acts
  87. 66. Transitory and special provision, in respect of Kolhapur District School Board on account of reorganization of States.
  88. 67. Transitory and special provision, in respect of Banaskantha District School Board, on account of re-organisation of States.
  89. 68. Validating provisions in respect of certain district school boards.
  90. 69. Repeal of Saurashtra Act XXXIII of 1956 and saving.
  91. 70. References to District School Board to be construed as references to taluka panchayat and district panchayat.
  92. 71. Construction of references to District School Board so far as Kutch district is concerned.
  93. SCHEDULE. SCHEDULE

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