Vidhi Codex

section 3

Repeal of XV of 1920, LXI of 1947, Hyd. XL of 1952 and M.P. XXIII of 1956 and savings.

The City of Mumbai Primary Education, the Maharashtra Primary Education, the Hyderabad Compulsory Primary Education and the Madhya Pradesh Primary Education (Repeal) Act, 2013
Education20136 sections
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Statutory text
  1. (1) On the commencement of the City of Mumbai Primary Education, the Maharashtra Primary Education, the Hyderabad Compulsory Primary Education and the Madhya Pradesh Primary Education (Repeal) Act, 2013 (Mah. XXV of 2014) (hereinafter referred to as "the said Act"),-
    • (a) the City of Mumbai Primary Education Act (XV of 1920);
    • (b) the Maharashtra Primary Education Act (LXI of 1947);
    • (c) the Hyderabad Compulsory Primary Education Act, 1952 (Hyd. XL of 1952); and
    • (d) the Madhya Pradesh Primary Education Act, 1956 (M.P. XXIII of 1956), shall stand repealed.
  2. (2) On and from the date of commencement of the said Act,-
    • (a) the School Boards, Local Committees or any other Committees or Boards constituted under the repealed Acts and the rules made thereunder, shall stand dissolved at the expiry of their respective terms and the members shall vacate their offices accordingly; such School Boards, Local Committees or any other Committees or Boards shall work under the superintendence, direction and control of the concerned local authority ;
    • (b) the concerned local authority may constitute School Boards, Local Committees or any other Committees or Boards as per their requirements and in accordance with the provisions of the law applicable to such local authority ;
    • (c) all properties movable and immovable, and interests of whatever nature and kind therein, vested in the School Boards and Local Committees, immediately before the commencement of the said Act shall be deemed to be transferred to, and shall vest in the concerned local authority subject to all limitations and conditions and rights or interests of any person, body or authority in force or subsisting immediately prior to such commencement;
    • (d) all debts, liabilities and obligations incurred by School Boards and Local Committees, immediately before the commencement of the said Act and lawfully subsisting against any such School Boards and Local Committees shall be discharged and satisfied by the concerned local authority;
    • (e) every employee serving under the School Boards and Local Committees, immediately before the commencement of the said Act shall stand transferred to the concerned local authority, and the salaries and existing terms and conditions of service of such employees shall continue until duly altered or modified by the local authority : Provided that, the conditions of service applicable to such employees immediately before the commencement of the said Act shall not be varied to their disadvantage;
    • (f) the salaries and existing terms and conditions of service of the teaching and non-teaching employees of the schools established under the repealed Acts and appointed as per the Government orders, issued from time to time, shall be continued as per the existing Government policy until duly altered or modified by the Government: Provided that, the conditions of service applicable to such employees immediately before the commencement of the said Act shall not be varied to his disadvantage;
    • (g) the setup of the officers conferred with duties under the repealed Acts and rules made thereunder such as Director, Joint Director, Deputy Director, Education Officer, Deputy Education Officer and the like, appointed by the State Government, shall be continued until duly altered or modified by the Government;
    • (h) the Provident Fund, Gratuity, Pension and other benefits payable to the teaching and non-teaching employees of schools established under the repealed Acts, shall be maintained and paid by the concerned local authority as per the existing policy under the repealed Acts and the rules made thereunder;
      • (i) the grants and rent payable to the schools established under the repealed Acts shall be paid by the Government as per the existing policy under the repealed Acts and the rules made thereunder until duly altered or modified by the Government;
    • (j) the Primary Education Fund maintained under the repealed Acts, shall stand transferred to the concerned local authority;
    • (k) the concerned local authority shall prepare the Budget in respect of the schools run by it in accordance with the provisions of the law applicable to such local authority;
    • (l) the powers of superintendence, inspection and control, in respect of the schools run by the Municipal Corporations shall be with the concerned Municipal Commissioner and other sub-ordinate officers authorized by him in that behalf; and in respect of the schools run by the Municipal Councils, Nagar Panchayats, Industrial Townships, and the Zilla Parishads, such powers shall be with the concerned Chief Officer or, as the case may be, the Chief Executive Officer and other sub-ordinate officers authorized by him in that behalf;
    • (m) the establishment of schools, syllabus, examinations, administration and all related matters shall be subject to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009);
    • (n) all directions or orders issued by the Government in respect of the repealed Acts and the rules made thereunder before the commencement of the said Act, not inconsistent with the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), shall be continued and applicable, unless altered, modified or revoked by the Government;
    • (o) all appeals of employees of the schools established under the repealed Acts relating to the service conditions filed and pending before any authority under the repealed Acts, shall be continued and disposed of by such authority, until a new authority is established by the Government.
  3. (3) The repeal of the Acts under sub-section (1) shall not affect-
    • (a) the previous operation of the repealed Acts or anything duly done or suffered thereunder;
    • (b) any agreement, contract, right, privilege, obligation or liability acquired, accrued or incurred under the repealed Acts;
    • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed under the repealed Acts;
    • (d) any investigation, legal proceedings or remedy in respect of any such agreement, contract, right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceedings or remedy may be instituted, continued or enforced as if the repealed Acts had not been repealed;
    • (e) any appointments made by the School Boards and Local Committees, as per the Government orders, issued from time to time ; and
    • (f) subject to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the schools established under the repealed Acts. Explanation.- For the purposes of this section, the expressions "School Boards" and "Local Committees" means the Boards and Committees dissolved under clause (a) of sub-section (2).
  4. (4) Save as otherwise provided in this Act, the provisions of section 7 of the Maharashtra General Clauses Act (I of 1904) with regard to effect of repeal, shall apply.

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