The Bombay Primary Education (Gujarat Amendment) Act, 1962

(See section 68)

1. Short title and commencement

1. (I) This Act m~y be called the Humbay Pritnary Eclucalion ( Gujarat Amendment) Act, 1962.

1. (2) It shall come into force at once. 2. Amendment of section 42 of Bom. LXI of 1947 In section 42 of the Bombay Primary Education Act, 1947, for sub-section (I), the following shall be substituted, namely : - "(I) Where a scheme submitted by an authorised municipality is sanctioned under section 28, the State Government shall bear the additional recurring and non-recurring annual cost of the scheme as estimated by the municipality to the following extent, namely :-
   • (a) sixty per cent. of the cost, if the population of the authorised municipality is less than fifty thousand, and
   • (b) fifty per cent, of the cost, in any other case : Provided that where such scheme is sanctioned after the commencement of the Bombay Primary Education (Gujarat Amendment) Act, 1963, the extent of the cost to be borne by the State Government shall, for the first year of the scheme, be eighty per cent. in the case of a municipality to which clause
   • (a) applies and seventy-five per cent. in the case of a municipality to which clause
   • (b) applies and for the next three years it shall be gradually reduced to the amount permissible under clause
   • (a) or clause (b), as the case may be, by such percentage as the State Government may by order determine : Provided further that in the case of a municipality which immediately before the 1st April 1963 was liable under sub-section
2. (2) of section 41 to pay contribution to a district school board or authorised municipality, the cost to be borne by the State Government under the aforesaid proviso shall, having regard to contribution so payable, be reduced by such amount as the State Government may by order determine.". 1. Short title
3. (1) This Act may be called the Humbay Pritnary Eclucalion ( Gujarat Amendment) Act, 1962.
4. (2) It shall come into force at once. 2. Amendment of section 59A of Bom. LXI of 1947 In section S9A nf the numb;ty Primary Etlucatiou Act, 1447, in sub-section
5. (3) for the figures, letters and words " 30th d;~y of April 1962, " the figurcs, letters and words " 3 1st day of nrcetnber 1964 " shall be suhstitured. 1. Short title and commencement
6. (1) This Act may be called the Humbay Pritnary Eclucalion ( Gujarat Amendment) Act, 1962.
7. (2) It shall come into force at once. 2. Amendment of section 2 of Bom. LXI of 1947 In section 2 of the principal Act,-
   • (i) in clause (9), after the word "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. 3. Deletion of section 39 of Bom. LXI of 1947 In the principal Act, section 39 shall be deleted. 4. Insertion of new Chapters VII-A and VII-B in Bom. LXI of 1947 In the principal Act, after Chapter VII, the following Chapters shall be inserted, namely :- "CHAPTER VII-A. 40A
8. (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.
9. (2) Every person to whom sub-section
10. (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.
11. (3) Notwithstanding anything contained in sub-section
12. (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).
13. (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.
14. (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.
15. (6) Every recognised school shall be given a certificate of recognition in the prescribed form.
16. (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 defaults 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 the case 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.
17. (8) Any person aggrieved by the decision of the Director or the authorised officer under sub-section
18. (4) or sub-section
19. (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.
20. (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.
21. (10) Where the recognition of a school is withdrawn under sub-section
22. (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. 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.
23. (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 (1), the proposed action shall be deemed to have been approved by the administrative officer on the date of the expiry of the said period.
24. (3) No penalty (being the penalty other than that referred to in sub-section (1)) shall be imposed on a teacher of the private primary school unless such teacher has been given reasonable opportunity of being heard.
25. (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 such communication 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 receive such subsistence allowance, and on such terms and conditions as may be prescribed.
26. (5) Any teacher aggrieved by the order of the administrative officer under sub-clause
    • (ii) of clause
    • (a) of sub-section
27. (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 40A-
    • (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. 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 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) Act, 1986, shall be in writing.
    • (b) any term or condition of service of such teacher whether entered into before or 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. 40E. Where there is any dispute between the manager of a recognised private primary school and a 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 constituted under section 40F for the decision. 40F.
28. (1) There shall be constituted by the State Government by an order published in the Official Gazette one or more Tribunals for the purposes of this Chapter.
29. (2) A Tribunal shall have jurisdiction to decide such matters as may be prescribed by the State Government in the order referred to in sub-section (1).
30. (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 a District Judge to be the Tribunal.
31. (4) It shall be the duty of the Tribunal to entertain and decide disputes of the nature referred to in section 40E and to deal with and decide applications and proceedings made or transferred to it under sub-section
32. (2) of section 40A and also to entertain and decide appeals made under sub-section
33. (5) of section 40B.
34. (5) The Tribunal shall follow such procedure as the State Government may by general order direct.
35. (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.
36. (7) The Tribunal shall be deemed to be a court for the purposes of section 6 of the Limitation Act, 1963.
37. (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.
38. (9) Where any order of dismissal, removal or reduction in rank of 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 comply with such direction. 40G.
39. (1) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Chapter required to be settled, decided or dealt with by the Tribunal.
40. (2) All suits 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 referred to and continued before the Tribunal : Provided that nothing in this section shall apply to execution proceedings and 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. 40H. Nothing contained in sub-clause
    • (ii) of clause
    • (a) and clause
    • (b) of sub-section
41. (1) and sub-sections (2),
42. (4) and
43. (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."." 40A. Prohibition against imparting primary education by private primary schools without recognition
44. (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.
45. (2) Every person to whom sub-section
46. (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.
47. (3) Notwithstanding anything contained in sub-section
48. (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).
49. (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.
50. (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.
51. (6) Every recognised school shall be given a certificate of recognition in the prescribed form.
52. (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 defects 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 the case 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.
53. (8) Any person aggrieved by the decision of the Director or the authorised officer under sub-section
54. (4) or sub-section
55. (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.
56. (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.
57. (10) Where the recognition of a school is withdrawn under sub-section
58. (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 notified 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. 40B. Conditions of service of teachers of private primary schools (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.
59. (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 (1), the proposed action shall be deemed to have been approved by the administrative officer on the date of the expiry of the said period.
60. (3) No penalty (being the penalty other than that referred to in sub-section (1)) shall be imposed on a teacher of the private primary school unless such teacher has been given reasonable opportunity of being heard.
61. (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 such communication in the office of 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.
62. (5) Any teacher aggrieved by the order of the administrative officer under clause
    • (a) of sub-section
63. (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. 40C. Resignation by teacher 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 null and void. 40D. Certain contracts etc. to be null and void
    • (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) Act, 1986, to the extent to which it is inconsistent with the provisions of this Act shall be null and void.
    • (b) any term or condition of service of such teacher whether established before or 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. 40E. Disputes to be decided by Tribunal Where there is any dispute between the manager of a recognised private primary school and a teacher in service of such school, which is connected with the conditions of service of such teacher, then, as the case may be, the teacher may make an application to the Tribunal constituted under section 40F for the decision. 40F. Tribunal
64. (1) There shall be constituted by the State Government by an order published in the official Gazette one or more Tribunals for the purposes of this Chapter.
65. (2) A Tribunal shall have jurisdiction to entertain such cases as may be specified by the State Government in the order referred to in sub-section (1).
66. (3) The State Government may appoint a District Judge or a person who has been or is qualified to be a Judge of a High Court or a District Judge to be the Tribunal.
67. (4) It shall be the duty of the Tribunal to entertain and decide the disputes of the nature referred to in section 40E and to deal with and decide the applications and proceedings made or transferred to it under sub-section
68. (2) of section 40G and also to entertain and decide applications made under sub-section
69. (8) of section 40A.
70. (5) The Tribunal shall follow such procedure as the State Government may by general order direct.
71. (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.
72. (7) The Tribunal shall be deemed to be a court for the purposes of section 6 of the Limitation Act, 1963.
73. (8) The decision of the Tribunal shall be final and shall not be called in question in any civil court in respect of the matters decided by it.
74. (9) Where any order of dismissal, removal or reduction in rank of 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, with retrospective effect and the manager shall comply with such direction. 40G. Jurisdiction of courts
75. (1) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Chapter required to be settled, decided or dealt with by the Tribunal.
76. (2) All suits 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 referred to and continued before the Tribunal: Provided that nothing in this section shall apply to execution proceedings and 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. 40H. Savings Nothing contained in sub-clause
    • (ii) of clause
    • (a) and clause
    • (b) of sub-section
77. (1) and sub-sections (2),
78. (4) and
79. (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. 40I. Repeal and savings The Bombay Primary Education ( Gujarat Amer~dment ) Ordinance, 1962 ( :I~J. Old. SO. II (,I' is hercby repcoled and the provisions of sections 7 and 25 of the Bombay Gencral Clauses Act, 1901 shall apply tv si~ch repeal ns if that Ordinance wcrc an enactment. 1. Short title and commencement
    • (I) This Act m~y be called the Humbay Pritnary Eclucalion ( Gujarat sl~~ri iil if Amendment) Act, 1962. a11t1 c:onirnr.. Iicelut'll t .
80. (2) It shall come into force at once. 2. Amendment of section 2 of Bom. LXI of 1947 In the principal Act, in section 13, in sub-section (2), after clause (d), the following clause shall be inserted, namely : -- "(dd) to maintain such number of Vidyasahayaks as may, in the opinion of the State Government or an authorised officer, as the case may be, be necessary;". 3. Amendment of section 13 of Bom. LXI of 1947 In the principal Act, in section 13, in sub-section (2), after clause (d), the following clause shall be inserted, namely : -- "(dd) to maintain such number of Vidyasahayaks as may, in the opinion of the State Government or an authorised officer, as the case may be, be necessary;". 4. Amendment of section 17 of Bom. LXI of 1947 In the principal Act, in section 17, in sub-section (I), after clause (c), the following clause shall be inserted, namely :- "(cc) to maintain such number of Vidynsahayaks as may, in the opinion of the State Government, be necessary;". 5. Amendment of section 20 of Bom. LXI of 1947 In the principal Act, in section 20.- (1) after sub-section (I), the following sub-section shall be inserted, namely:- "(1A) ~vdy district school board, and every authorised municipality and recogpis4 private primary school shall, with the approval of the State Gwernment or of an authorised officer, maintain such number of Wyasahayaks as may, in the opinion of the State Government or an authorised officer, as the case may k, be necessary.". (2) after subsecrion (41, the fo1lowhgnew subsections shall be added, namely :- "(5) The State Goverr~rnent may constitute Stare hvel Committee, namely Vidyasahayak Committee to exercise sucl~ powers and perform such functions as may be prescrikl. (6) The State Govelnment may constitute Village Education Committee and Village School Construction Committee to exercise such powers and perfonn such functions as my be prescribed.". 6. Insertion of new section 23A in Bom. LXI of 1947 "23A.
81. (1) For selection of Vidyasahayaks there shall be a Selection Committee-
    • (a) for every district, consisting of such persons as may be prescribed;
    • (b) for the area of every authorised municipality, consisting of such persons as may be prescribed;
    • (c) for recognised private primary schools consisting of such persons as may be prescribed;
82. (2) The qualifications for appointment of Vidyasahayak shall be such as may be prescribed.
83. (3) The Selection Committee shall select candidates for appointment as Vidyasahayak on such criteria and in such manner, as may be prescribed.
84. (4) A District Primary Education Officer or an Administrative Officer of the Municipal School Board or the managing trustee in private primary grant-in-aid school with the approval of the District Primary Education Officer, as the case may be, may make appointments of the candidates in accordance with the directions given by the Selection Committee and subject to such terms and conditions as laid down in Vidyasahayak Scheme as may be prescribed.
85. (5) No person shall be appointed as Vidyasahayak unless he has entered into a contract with the District Primary Education Officer or the Administrative Officer of the Municipal School Board or the management in case of recognised grant-in-aid primary school with the approval of the District Primary Education Officer/District Education Officer, as the case may be, in such form and subject to such terms and conditions, as may be prescribed.
86. (6) The duties of Vidyasahayak shall be such as may be prescribed:
87. (7) The provisions of this section shall have effect, notwithstanding anything to the contrary contained in sections 20 and 23 of this Act and in any provision of the Gujarat Panchayats Act, 1993." 7. Amendment of section 63 of Bom. LXI of 1947 "In the principal Act, in section 63, -
88. (1) in sub-section (2), after clause (fa), the following clauses shall be inserted, namely :- "(fb) the powers and functions to be performed by the State level Committee, namely Vidyasahayak Committee;
    • (fc) the powers and functions to be performed by the Village Education Committee and Village School Construction Committee;
    • (fd) the persons of which Selection Committees shall consist of;
    • (fe) the qualifications for appointment as Vidyasahayak;
    • (ff) the manner and criteria for selection of candidates for appointment as Vidyasahayak;
    • (fg) making of Vidyasahayak Scheme from time to time;
    • (fh) the form of contract of appointment to be entered into by a Vidyasahayak and terms and conditions of such appointment to be contained in such contract;
    • (fi) the duties of Vidyasahayak: ".
89. (2) to sub-section (3), the following proviso shall be added, namely:- " Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with previous publication of any rules to be made under this section."."

(to section 68)