Vesting of property in and absorption of staff by district school board.

(1) Notwithstanding anything contained in any law, on the date of the coming into force of this Act (hereinafter in this section referred to as "the said date") all primary schools with their lands, buildings, records and equipment and all other properties, moveable or immovable, which were vested, in held by or were under the control of a district local board for the purpose of primary education immediately before the said date shall on the said date be vested in, held by or be under the control of the district school board for the said purposes: Provided that in the event of any question, dispute or doubt arising as to whether any particular property shall so vest in or be held by or under the control of the district school board, the matter shall be referred to the State Government whose decision thereon shall be final. (2) On the said date every district local board shall transfer and every district school board shall take over and employ such primary school teachers and other persons as were employed by or under the district local board on the said date for the purposes of primary education, on the same terms and conditions on which such teachers or persons were employed by or under the said district local board. (3) The existing and future rights, liabilities, duties and powers of the district local board in respect of such teachers or other persons so far as they are not inconsistent with the provisions of this Act or the rules or regulations made there under shall vest in and be performed or exercised by the said district school board on and as from the said date. (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 of 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 "or, as the case may be, the State Government" shall be inserted. (5) (a) If on the date specified under sub-section (1), a district school board has not been constituted in the district of Kutch but taluka panchayats and a district panchayats have been constituted in that district under the Gujarat Panchayats Act, 1961, then all primary schools with their lands, buildings, records and equipment and all other properties, movable or immovable which in the said district were vested in, held by or were under the control of the State Government for the purposes of primary education immediately before the said date shall on the said date be vested in, held by or be under the control of the said taluka panchayats or the district panchayats, as the case may be, in accordance with the distribution made in that behalf by the State Government by an order under clause (b). (b) For the purposes of clause (a) the State Government, having regard to the functions and duties of a taluka panchayat and a district panchayat in the sphere of primary education under Schedule II and Schedule III to the Gujarat Panchayats Act, 1961, may by an order in writing direct— (i) that the primary schools with their lands, buildings, records and equipment and all other properties, moveable or immovable vesting in it or held by it or under its control shall vest in be held by or be under the control of a taluka panchayat or district panchayat as may be specified in the order; and (ii) that such of the powers, functions and duties of a district school board under this Act shall be exercised and performed by a taluka panchayat or district panchayat as may be specified in the order.