Constitution of school boards

The Bombay Primary Education Act, 1947

Education194766 sections

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Statutory text

(1) Each school board shall consist of members not less than twelve and not more than sixteen in number.
(2) Of these members not less than two and not more than three in number shall be appointed by the State Government.
(3) The number of members under sub-sections
(1) and
(2) shall be determined by the State Government from time to time.
(4) Of the members appointed by the State Government under sub-section
(2) one shall be an officer of the State Government; and the remaining shall be persons
- (i) who shall have passed the matriculation examination or shall possess any other equivalent or higher educational qualification which the State Government may specify in this behalf or
- (ii) who have had experience of the system or institutions of primary education. (5)
- (A) The members other than those appointed by the State Government shall be elected by the authorized municipality. Provided that where approved schools within the area of any non-authorized municipalities are controlled by the authorized municipality, not more than two of such members as may be determined by the State Government from time to time shall be elected in the manner prescribed by the said non-authorized municipalities, on municipal school board.
- (b) Members elected under this sub-section shall not necessarily be members of the electing local authority.
- (c) Notwithstanding anything contained in this sub-section, in the case of an authorized municipality the term of office of the councillors of which expires on or before the 31st day of July 1949, the election of the members of the school board shall not be held by such authorized municipality until after the new authorized municipality, has been constituted.
(6) Of the members elected by the authorized municipality such number not exceeding two as may be prescribed shall be from amongst the Scheduled Castes and the Scheduled Tribes.
(7) Members elected under sub-section
(5) shall have passed the primary school certificate examination or shall possess such other equivalent or higher, educational qualification as may be prescribed: Provided that persons from amongst the Scheduled Castes and the Scheduled Tribes shall be eligible for being elected as members if they shall have passed at least the primary fourth standard examination: Provided further that of the seats of the members to be elected by the authorized municipality not less than three shall be reserved in the prescribed manner for persons who have passed the matriculation or the second year training certificate examination or who possess any other equivalent or higher educational qualification which the State Government may specify in this behalf: Explanation.—For the purposes of sub-sections
(6) and (7), “Scheduled Castes” and “Scheduled Tribes” means those Scheduled Castes and Scheduled Tribes which are deemed to be Scheduled Castes and Scheduled Tribes in relation to the State of Maharashtra under Article 341 or 342, as the case may be, of the Constitution.
(8) If the State Government is satisfied that any election (including a bye-election) cannot for any reason be held at all or cannot be completed within such period as the State Government considers reasonable or has not resulted in the return of the required number of qualified persons willing to take office, the State Government shall nominate from amongst persons who would have been qualified to be elected the required number of persons as members of the school board and the persons so nominated shall be deemed to have been duly elected under sub-section (5): Provided that if at any time after the nomination of such persons as members of the school board, the State Government is satisfied that a fresh election (including a bye-election) can be duly held, the State Government may, by notification published in the Official Gazette, direct that the members so nominated shall cease to hold office with effect from such date as may be specified in such notification, notwithstanding the fact that the term of office of such members for which they had been nominated has not expired.
(9) Except as otherwise provided in this Act, the term of office of the members of a school board shall cease on the expiry of the term of the electing authorized municipality: Provided that the term of office of such members shall not be deemed to expire by reason only of the fact that the authorized municipality is dissolved or superseded. (10)
- (a) If the term of office of the members of a school board expires during the supersession of the electing authorized municipality, a new school board shall be constituted as provided in sub-sections
(5) to
(7) until the authorized municipality is re-established, provided that the members of such school board shall be nominated by the State Government.
- (b) The term of office of the members of the school board so nominated shall be for such period not exceeding three years as the State Government may determine: Provided that if during such period the authorized municipality is re-established, the term of office of the members of the school board shall expire on the date on which a new school board is constituted.
(11) Notwithstanding the cessation or expiry of the term of office of the members of any school board under sub-section (8),
(9) or
(10) they shall continue in office until the members of a new school board are elected, appointed or nominated, as the case may be. (12)
- (a) Any member of a school board other than the chairman or vice chairman may resign his office by giving notice in writing to that effect to the chairman and such resignation shall take effect from the date of its receipt by the chairman.
- (b) The vice-chairman may resign his office as vice-chairman or member by giving notice in writing to that effect to the chairman. The chairman may resign his office as chairman or member by giving notice in writing to that effect to the authorized municipality. Such resignation shall take effect from the date of their acceptance by the chairman or the president.
(13) Casual vacancies including that of a chairman or vice-chairman during the term of a school board shall be filled for the remaining period by election, appointment or nomination, as the case may be: Provided that no election shall be held to fill up a vacancy of a member occurring within four months of the date on which the term of office of the members of the school board expires.
(14) During any vacancy the continuing members may act as if no vacancy had occurred.

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