Secondary and Higher Secondary Education Act, 1972

1.

1. (1) This Act may be called the Gujarat Secondary 3[and Higher Secondary] Education Act, 1972.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) This section shall come into force at once; and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires:–

1. (a) “appointed day” means the date on which the remaining provisions of this Act come into force under sub-section

1. (3) of section 1;
   • (b) “Board” means the Gujarat Secondary 4[and Higher Secondary] Education Board established under section 3 ;
   • (c) “by-laws” means by-laws made by the Board under section 55;
   • (d) “Chairman” means the Chairman of the Board;
   • (e) “Committee” means a Committee appointed under section 18;
   • (f) “Deputy Chairman” means the Deputy Chairman of the Board;
   • (g) “guaranteed staff” means the staff comprising teachers and members of the non-teaching staff, the terms and conditions of whose service in a Government secondary school 5[or a Government higher secondary school] are, on their transfer to a private secondary school 6[or private higher secondary school] guaranteed by the State Government;
   • (h) “headmaster” means the head of the teaching and non-teacher staff of a secondary school 1[or a higher secondary school] by whatever style designated;
   • (hh) 2[“higher secondary education” means education including post basic education from eleventh standard to twelth 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 twelth standard;]
     • (i) “hostel” means a unit of residence of students maintained by a registered school;
   • (j) “manager” in relation to any school means a person or a body of persons in charge of the control or management of the school;
   • (k) “non-teaching staff” means such staff of a registered school, as is appointed to perform any duty or function other than that of teaching;
   • (l) “post basic education” means secondary education 3[or higher secondary education] imparted through a productive craft;
   • (m) “post basic school’ means a school imparting post basic education;
   • (n) “prescribed” means prescribed by regulations; 4[(nn) “private higher secondary school” means higher secondary school which is not owned, managed or sponsored by the Central or State Government;]
   • (o) “private secondary school” means a secondary school which is not owned, managed or sponsored by the Central or State Government;
   • (p) “protected teacher” means a persons who before 29th March, 1965 taught in any school any subject in any of the standards fifth to seventh which before the said date formed part of secondary education, and who continues to teach in a school any subject in any of such standards which after the said date form part of primary education and whose rights in relation to pay and pay-scales are protected under an order of the State Government;
   • (q) “recognised school” means a secondary school or a post basic school recognised by the Director of Education, Gujarat State, or an officer authorised by him in this behalf or, a high school registered by any University;
   • (r) “register” means the Register of Secondary School 5[or the Register of Higher Secondary Schools] for the State of Gujarat prepared and maintained under this Act; “registered school” means a secondary school 6[or a higher secondary school] or a post basic school registered by the Board under section 31 ;
   • (t) “regulations” means regulations made under section 53 or 54; 7 [(u) “secondary education” means education including post basic education from 8[ ninth] standard to tenth standard;]
     • (v) “secondary school” means a school imparting secondary education; 9[(w) “Secondary School Certificate Examination” means an examination of the student in the tenth standard;]
     • (x) “teacher” means a teacher of a registered school but does not include a headmaster; 1[ * * * * * * ]
   • (z) “University” means a University established by any law in the State of Gujarat;
   • (aa) the expression “primary education” shall have the meaning assigned to it in the 2[ * * * * *] and the Bombay Primary Education Act, 1947.

3.

1. (1) With effect on and from such date as the State Government may by notification in the Official Gazette notify in this behalf, there shall be established for the purposes of this Act a Board to be called the Gujarat Secondary 3[and Higher Secondary] Education Board. The Board shall be a body corporate and have a perpetual succession and a common seal and may by the said name sue and be sued and shall be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and to do all things necessary for the purposes of this Act.
2. (2) The Board shall consist of a Chairman and a Deputy Chairman, both of whom shall be appointed by the State Government and of the following members that is to say– Class A-Ex Officio Member 4[(i) The Commissioner of Higher Education.
   • (ii) The Commissioner of School 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 Education 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]: Provided that if there is no post having any of the designations mentioned above, the State Government may designate any officer holding a corresponding post, who deals, with the matters that would be normally connected with such post. Class B, Elected Members
   • (i) One member elected from amongst themselves by the members of the Academic Council of each University and of the institutions recognised by the University Grants Commission or declared by the Central Government as Universities in accordance with the provisions of clause
   • (f) of section 2 or of section 3, as the case may be of the University Grants Commission Act, 1956: Provided that where there is no Academic Council in any University or such institution recognised or declared as university, such authority of the University, or, as the case may be, such institution as may be approved by the State Government in this behalf shall be deemed to be the Academic Council of such University, or as the case may be, institution, for the purpose of this clause.
     • (ii) Five members elected by the headmasters of registered schools other than Post Basic Schools from amongst themselves.
     • (iii) One member elected by the headmasters of the post basic schools registered under this Act, from amongst themselves.
     • (iv) Five members elected by the teachers of rergistered schools other than Post Basic Schools from amongst themselves.
     • (v) One member elected by the teachers of Post Basic Schools registered under this Act, from amongst themselves.
     • (vi) One member elected by the Principals of the Secondary Teachers Training Colleges and Gradute Basic Training Colleges from amongst themselves in such manner as may be prescribed. 1[(vi-a) One member elected by the non-teaching staff of registered private secondary schools from amongst themselves.] 2[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 (vi-a) and (vi-ab) shall not be eligible to be nominated as the member of the school staff selection committee for teachers and principles.] 3[vi-aa) three members elected by the teaching staff of registered higher secondary schools from amongst themselves.] 4[vi-aaa) One member elected from amongst teachers of Government secondary and higher secondary schools.] 5[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.] 6[ * * * * * ]
     • (ix) Three members elected by the Presidents of the Parents’ Associations of registered private secondary schools 1[and registered private higher secondary schools] from amongst themselves. Explanation., In this clause,
3. (1) “Parents’ Association” in relation to any registered private secondary schools shall mean an association of parents and guardians of students of that schools, formed and recognised by the headmaster of that school, whether before or after the appointed day. (2)
   • (a) in relation to Parents’ Association whose President is a head master, a teacher, a manager or a member of a govening body or other body in charge of the management of the school, “President” shall mean such member of that Association other than such headmaster, teacher, manager or, as the case may be, member, as may be authorised in writing by the Association; and
   • (b) in a case where the President of a Parent’s Association is himself absent or incapable of acting, the President shall, for the purpose of electing a member under this clause, mean such other member of that Association as may be authorised in writing by the Association for that purpose. 2[(c) A member of the Parents’ Association shall cease to be such member on completion of his child’s Secondary or, as the case may be, higher secondary education.]
     • (x) Five members elected by the Gujarat Legislative Assembly from amongst its members in accordance with the system of proportional representation by means of the single transferable vote: Provided that for the purposes of clauses
     • (ii) and
     • (iv) of this Class the registered schools other than post basic schools in the State shall from time to time be so arranged by the State Government in five groups that the number of such schools in any one group shall be as near as possible to twenty pre cent. of the total number of such schools in the State, and the head-masters or, as the case may be teachers of such schools in each such group shall elect one member: 3[ Provided further that for the purpose of clause (vi-aa), the State Government shall, by an order published in the Official Gazette, divide the State into three regions each having, as far as possible, an equal number of registered higher secondary schools within the areas comprised therein and the teaching staff of registered higher secondary schools in each such regions shall elect one member:] Provided further that for the purpose of clause (ix), the State Government shall, by an order published in the Official Gazette, divide the State into three regions each having, as far as possible, an equal number of registered higher secondary schools 4[and registered private higher secondary schools] within the areas comprised therein and the Presidents of Parents’ Associations in each such regions shall elect one member: Provided further that a person shall cease to hold office as a member of the Board if he ceases to be a member of the Academic Council or of the institution which elected him, or ceases to be a head-master or teacher of a registered school or the Principal of a Secondary Teachers Training College or a 5[Graduate Basic Training College or a member of non-teaching staff of registered private secondary schools 6[registered private higher secondary schools] or of teaching staff of registered higher secondary schools] or a rerpresentative of the management of the 7[registered schools] or a President of a Parents’ Association or as the case may be, a member of the Gujarat Legislative Assembly: Provided also that where the Board is constituted for the first time the members of this Class shall be nominated by the State Government from amongst persons qualified to be elected as members of this Class.

Head quarters of Board 4.

Term of office and conditions of service of Chairman, Deputy Chairman and nominated members 5.

1. (1) The Chairman, Deputy Chairman and nominated members shall hold office during the pleasure of the State Government.
2. (2) The Salaries or, as the case may be, honorarium, allowances and other conditions of service of the Chairman and the Deputy Chairman shall be such as may be determined by the State Government.]