Vidhi Codex

section 18

Powers, duties and functions of municipal school boards

The Bombay Primary Education Act, 1947
Education194766 sections
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Statutory text
  1. (1) Subject to the provisions of this Act and the rules made thereunder, the municipal school board shall be responsible for the management and control of all primary schools which vest in the authorized municipality and for the control of all other approved schools within the area of the authorized municipality excepting school such as are maintained by the State Government; and the board shall exercise such powers and perform such duties and functions of the authorized municipality in respect of primary education as may be prescribed.
  2. (2) Subject to the provisions of this Act and the rules made thereunder, a municipal school board shall perform the following duties and functions, namely:—
    • (a) to prepare schemes to be submitted by the authorized municipality to the State Government for expansion of primary education and to carry out the provisions of such scheme;
    • (b) to disburse monies from the primary education fund in accordance with the budget sanctioned by the authorized municipality;
    • (c) to perform the duties and functions specified in clauses
    • (f) to
    • (j) and
    • (l) and
    • (n) of sub-section
  3. (2) of section 13;
    • (d) to perform such other duties and functions as may be prescribed.
  4. (3) The municipal school board shall, with the sanction of the Director, make regulations laying down the days, the time and the periods on each day during which a child shall be present for instruction at an approved school. 18-A. Vesting of property and absorption of staff in merged area
  5. (1) In any area administered by virtue of an order made by the Governor General under section 290A of the Government of India Act, 1935, all primary schools with their lands, buildings, records and equipment and all other properties moveable or immovable, which were vested in, held by or under the control of Government or a local authority in such area, for the purposes of primary education, immediately before the date on which such order was made, hereinafter in this section referred to as the said date, shall with effect from the said date, if such area has formed part of a district for which a district school board has been constituted, vest in, be held by or under the control of the district school board, and in other cases, the State Government.
  6. (2) During the period the properties so vest in or are held by or are under the control of the State Government in any area under sub-section (1), it shall be lawful for the State Government or such authority as it may appoint in this behalf to exercise in such area all the powers and perform all the duties of a district school board under this Act.
  7. (3) All properties vesting in, held by or under the control of, the State Government under this section, shall on such date as may be notified by the State Government in the Official Gazette, vest in, be held by or be under the control of, the district school board constituted for the district in which such area is situated or such authorized municipality as the State Government may specify in the notification.
  8. (4) The district school board or the authorized municipality or the State Government, as the case may be, shall take over and employ such primary school teachers and other persons as were employed by or under Government or a local authority immediately before the date notified under sub-section
  9. (3) or the said date, as the case may be for the purposes of primary education on the same terms and conditions on which such teachers or persons were employed immediately before the relevant date or on such terms and conditions as the State Government may direct.
  10. (5) 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 be under the control of the district school board, the authorised municipality or the State Government or any particular staff shall be so taken over and employed by any of them or any terms and conditions on which such staff shall be taken over and employed, the matter shall be referred to the State Government whose decision thereon shall be final.

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