[Bombay Act 61 of 1947][1],[2] [12th December, 1947] Repealed by Maharashtra Act
25 of 2014, S. 3 (w.r.e.f. 1-7-2013) An Act to provide for
compulsory primary education and to Make better provision for the management
and control of primary education in the Province of Bombay. Whereas it is the duty of
Government to secure the development and expansion of primary education; and
whereas it is the declared policy of Government that Universal, free and
compulsory primary education should be reached by a definite programmer of
progressive expansion; and whereas it is expedient to make better provision for
the development expansion, management and control of primary education in the
Province of Bombay; It is hereby enacted as follows. Chapter I PRELIMINARY (1) This Act may be called the
Bombay Primary Education, Act, 1947. (2) It extends to the [3][Bombay
area of the State of Maharashtra excluding Greater Bombay.] (3) It shall come into force on
such date as the [4][State]
Government may, by; notification in the Official Gazette, appoint. In this Act unless there is
anything repugnant in the subject or context, (1) ?Administrative Officer?
means an officer appointed under Section 21 or 22; (2) ?Approved school? means a
primary school maintained by the [5][State]
Government or by a school board [6][or Zilla
Parishad] or by an authorized municipality or which is for the time being
recognized as such by at school board [7][, or Zilla
Parishad] or by the [8][State]
Government; or by an officer authorized by it in this behalf; (3) ?Area of compulsion? means
the area in which primary education upto any standard is compulsory; (4) ?Area of an authorized
municipality? means the area comprised within the limits of such municipality
and shall include the area of a non-authorised municipality approved schools in
which vest in or are controlled by the authorized municipality; (5) ?To attend an approved
school? means to be present for instruction at such school on such days and at
such time and for such period on each day as may be required under the
regulations framed by the school board [9][or,
as the case may be, Zilla Parishad]; (6) ?Authorized Municipality
?means a municipality which is authorised by the [10][State]
Government under sub-section (1) of Section 16 to control all approved schools
within its area; (7) ?Chili? means a boy or girl
whose age is not less than six and not more than fourteen years at the
beginning of the school year. Explanation. For the
purposes of this definition, ?school year? shall mean the year beginning with
such date as the school Board. [11][or,
as the case may be, Zilla Parishad] may, with the sanction of the
Director, fix; (8) ?Director? means [12][the
Director of Education] [13][*
* *] (9) [14][?district? in Clause (h)
of Section 5 And in Sections 6 and 19 means the district as formed under the
Bombay Land Revenue Code, 1879,[15] and
elsewhere the area comprised in a district so formed excluding the areas of
authorized municipalities and cantonments;] (10) [16][?Zilla Parishad? means
a Zilla Parishad constituted under the Maharashtra Zilla Parishads
and Panchayat Samitis Act, 1961:] [17][***] (11) ?Municipal School Board?
means a, school board constituted for the area of an authorized municipality
under Section 3; (12) ?Non-authorzed
Municipality? means a municipality other than an authorized municipality; (13) ?Parent? includes a
guardian or any person who has the custody of a child; [18][(13A)
?Parisliad Education Officer? means the Parishad Education
Officer of a Zilla Parishad;] (14) ?Prescribed? means
prescribed by the rules made under this Act; (15) ?Primary Education? means
education in such subjects and up to such standards, as may be determined by
the [19][State]
Government from time to time; (16) ?Primary Education Fund? means
the fund maintained under Section 44; (17) ?Primary School? means a
school or a part of a school in which primary education up to any standard is
imparted; (18) ?[20][Board]
of Primary Education? means the board constituted under Section 58; (19) ?School Board? means [21][*
* *] a municipal school board, [22][*
* *] Chapter II CONSTITUTION
OF [23][*
*] MUNICIPAL SCHOOL BOARDS (1) [24][* * * * *] (2) For each area of an
authorized municipality there shall be a municipal school board. (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 2[State]
Government. (3) The number of members under
sub-sections (1) and (2) shall be determined by the [25][State]
Government from time to time. (4) Of the members appointed by
the [26][State]
Government under sub-section (2) one shall be an officer of the [27][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 [28][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 [29][State]
Government shall be elected by [30][*
* * *] the authorized municipality [31][*
* *]. Provided that where
approved schools within the area of any non-authorized municipalities are
controlled by [32][*
* * * *] the authorised municipality, not more than two of such members as may
be determined by the [33][State]
Government from time to time shall be elected in the manner prescribed by the
Raid non-authorised municipalities, on [34][*
* *] municipal school board, [35][*
* *] (b) Members elected under
this sub-section shall not necessarily be members of the electing local
authority. [36][(c) Notwithstanding
anything contained in this sub-section, in the case of [37][an]
authorized municipality the term of office of the [38][*
* *] councillors of which empires on or before the 31st day of July 1949, the
election of the members of the school board shall not be held by such [39][*
* *] authorised municipality [40][*
* *] until after the new [41][*
* *] authorized municipality, has been constituted.] (6) [42][Of the members
elected [43][*
* * *] by the authorised 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, [44][the
Scheduled Castes and the Scheduled Tribes] shall be eligible for state members
if they shall have passed at least the primary fourth standard examination: Provided further that out
of the seats of the members to be ejected by [45][*
* *] the authorized municipality not less than three shall be reserved in the
prescribed manner for persons [46][who
have passed the matriculation or the second-year training certificate
examination or who possess any other equivalent or higher educational
qualification which the [47][State]
Government may specify in this behalf]; [48][Explanation? For the
purpose of sub-section (6) and (7) ?Scheduler Castes? and ?Scheduler Tribes?
means those Scheduled Castes and Scheduled Tribes which are deemed to be
Scheduled Castes and Scheduled Tribes in relation to the [49][State
of Maharashtra] under Article 341 or 342, as the case may be, of the
Constitution.] (8) If the [50][State]
Government is satisfied that any election (including a bye election) cannot for
any reason be held at all or cannot be completed with in such period as
the [51][State]
Government considers reasonable or has not resulted in the return of the
required number of qualified persons willing to take office, the [52][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): [53][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 [54][*
* * ]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 [55][**
* * * *] authorized municipality [56][*
* *] 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 [57][*
* * * *] authorized municipality, a new school board, shall be constituted as
provided in Sub-sections () to (7) until the [58][*
** ]??? municipality [59][*
* *] is re-established, provided that the members of such school board shall be
nominated by the [60][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 [61][State]
Government may determine: Provided that if during
such period the [62][*
* * *] authorized municipality [63][*
* * *] 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 [64][the
cessation or expiry of the term of office of the mam-bets of any school board
under sub-section [65][(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 president of [66][*
* * *] the authorized municipality [67][*
* * *]. Such resignation shall bake 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 school board shall be
filled for the remaining period by election, appointment or nomination, as the
case may be: [68][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) [69][Daring any vacancy the
continuing members may act as if no vacancy had occurred.] [70][***] No person shall be elected,
appointed or nominated a member of a school board who. (a) is leas than 25 years of
age, or (b) is a judge of civil court
or [71][a
salaried magistrate], or (c) (i) has been sentenced by a
criminal court to fine imprisonment or whipping for an offence involving moral
turpitude and punishable with imprisonment for a term exceeding six months or
to transportation, such sentence not having been subsequently reversed or
quashed, or (ii) is a person against
whom an order has been passed under Section 118 of the Code of Criminal
Procedure, 1898 (V of 1898), in proceedings instituted under Section 110 of the
said Code, such order not having subsequently been reversed or quashed, or (iii) has been removed from
office under this Act and five years have not elapsed from the date of such
removal, unless he has, by an order of the [72][State]
Government notified in the Official Gazette, been relieved from the
disqualification arising on account of such sentence, order or removal from
office, or (d) is a stipendiary officer or
an employee of any school board, [73][*
* *] or municipality, or (e) who has been adjudged an
insolvent and has not obtained his discharge, or (f) has, directly or
indirectly, by himself or his partner, any share or interest in any work one by
order of, or in any contract entered into on behalf of the school board or
the [74][authorized
municipality], or (g) is an employee or a teacher
in any approved school, or (h) has resided within the
district for a period of less than six months preceding the date fixed for
recording of votes for elections to the school board, (i) has been adjudged by a
competent court to be of unsound mind. Explanation. A person shall
not he deemed to have incurred disqualification under Clause (f) by reason of
his. (a) having any share or
interest in any lease, sale or purchase of any immovable property or in an
agreement for the same if before taking his seat as a member of the school
board, he has obtained the sanction, of the [75][State]
Government to have such share or interest, or (b) having a share or interest
in any joint stock company or in any society registered or deemed to be
registered under the Bombay Co-operative Societies Act, 1925 (Bom. VII of
1925), which may contract with or be employed by or on behalf of the school
board or the [76][authorized
municipality], or (c) having a share or interest
in any newspaper in which any advertisement relating to the affairs of the
school board or the [77][authorized
municipality] may be inserted, or (d) holding a debenture or
being otherwise interested in any loan raised by or on behalf of the school
board or the [78][authorized
municipality], or (e) having a share or interest
in the occasional sale to the school board or [79][authorized
municipality] of any article in which he regularly trades, or in the purchase
from the school board or the [80][authorized
municipality] of any article, to a value in either case not exceeding in any
official year five hundred rupees, or such higher amount not exceeding two
thousand rupees as the school board or the [81][authorized
municipality] with the sanction of the [82][State]
Government may fix in this behalf, or (f) having a share or interest
in the occasional letting out on hire to the school board or the [83][authorized
municipality] or in the hiring from the school board or the [84][authorized
municipality] of any article for an amount not exceeding in any official year
fifty rupees, or such higher amount not exceeding two hundred rupees as the
school board or the [85][authorized
municipality] with the sanction of the [86][State]
Government may fix in this behalf, or (g) being a police patel who is
an ex-officio keeper of village cattle pounds under the control of
the [87][authorized
municipality] (1) If the validity of the
election of a member of a school board is brought in question by an
unsuccessful candidate or by any person qualified to vote at the election, such
person may at any time within fifteen days after the date of the declaration of
the result of the election, apply to the District Judge of the district within
which the election has been or should have been held for the determination of
such question. (2) An enquiry shall thereupon
be held by a Judge not below the grade of an Assistant Judge and such Judge
may, after such enquiry as he deems necessary, pass an order confirming or
amending the declared result of the election or setting the election aside. For
the purposes of the said enquiry, the said Judge may exercise any of the powers
of a civil court, and his decision shall be conclusive. If he sets aside an
election, a date shall forthwith be fixed, and the necessary step taken for
holding a fresh election. (3) All applications received
under sub-section (1). (a) in which the validity of
the election of members is in question shall as far as possible, be heard by
the same Judge and (b) in which the validity of
the election of the same member is in question shall be head together. (4) Notwithstanding anything
contained in the Code of Civil Procedure, 1906 (V of 1906), the Judge shall not
allow (a) any application to be compromised or withdrawn, or (b) any pleadings
in the proceedings to be altered or amended, unless he is satisfied that such
application, alteration or amendment is bonafide and collusive. (5) (a) If on holding such
enquiry the Judge finds that a candidate has for the purpose of the election
committed a corrupt practice within the meaning of sub-section (6), he shall
declare the Candidate disqualified both for the purposes of that election and
of such fresh election at may be held under sub-section (2), and shall feet
aside that election of such candidate if he has been elected. (b) If, in any case to
which Clause (a) does not apply, the validity of an election is in dispute between
two or more candidates the Judge shall after a scrutiny and computation of the
votes recorded in favour of each such candidate, declare the candidate who is
found to have the greatest number of valid votes in his favour to have been
duly elected: Provided that for the
purpose of such computation no vote shall be reckoned as valid if the Judge
finds that any corrupt practice was committed by any person, known or unknown,
in giving or obtaining it. (6) A person shall be deemed to
have committed a corrupt practice. (a) who, with a view to
inducing any voter to give of refrain from giving a vote in favour of any
candidate, offers or gives any money or valuable consideration, or holds out
any promise of individual profit or holds out any threat of injury to any
person; or (b) who gives procures or abets
the giving of a vote in the name of a voter who is not the person giving such
vote; and a corrupt practice shall be deemed to have been committed by a
candidate, if it has been committed with his knowledge and consent, or by a
person who is acting under the general or special authority of such candidate
with reference to the election, Explanation. The expression
?a promise of individual profit? (i) does not include a promise
to vote for or against any particular measure which may come before a school
beard for consideration, but. (ii) subject thereto, includes a
prommise for the benefit of the person himself or any person in whom he in
interested. (7) If the validity of the
election is brought in question only on the ground of an irregularity or
informality which has not materially affected the result of the election or
which has not been corruptly caused, the Judge shall not set aside the
election. (8) If the Judge sets aside an
election under Clause (a) of sub-section (5) he may, if he thinks fit, declare
any person by whom any corrupt practice has been committed within the meaning
of sub-section; (6) to be disqualified from being a member off any school board
for a term of years not exceeding five and the decision of the Judge shall he
conclusive: Provided that no each
declaration shall be made in respect of any person without such person being
given an opportunity to show cause why such declaration should not be made: Provided further that such
person may by an order of the [88][State]
Government in that behalf be at any time relieved trim such disqualification. (1) If it appears to the State
Government on representation being made to it that a member of a school board
was disqualified for being such member under the provisions of Section 5 or
Section 9-A at the time when such member was elected, appointed or nominated
and the member does not admit that he was so disqualified, the question shall
be decided by the State Government, and its decision shall be final. (2) No such representation
shall be entertained, (i) if it is made by a person
who is or was entitled to file an application to the District Judge under
Section 6 to question the validity of the election of the member, (ii) if it is made before the
expiration of the period prescribed for such application under the said
section, or (iii) if an application to the
District Judge under Section 6 is pending or has been tried, unless the State
Government is satisfied that the question of the member's disqualification by
reason of these circumstances was not or could not have been raised in such
proceedings. (3) Where in relation to
proceedings under sub-section (1) the member admits that he was disqualified
under the provisions of Section 5 or Section 9-A or where under the aforesaid
sub-section the State Government decides that the member was disqualified, his
seat shall thereupon become vacant; but no person who does not admit that he
was disqualified, shall be held to be disqualified unless such decision has
been arrived at after giving such person reasonable opportunity to show cause.] (1) If any member of a school
board, during the term for which he has been elected, appointed or nominated. [90][(a) absents himself from
the meetings during three successive months or from three consecutive meetings
of the school board whichever period is longer without the [91][*
* *] permission of the Board or] (b)
becomes subject to any of the disqualifications mentioned in [92][Section
5] he shall be disabled from continuing to be a member of such board and his
seat shall be deemed to be vacant: Provided that he shall not
be deemed to have incurred any disqualification under Clause (f) of Section 5
by reason of his having any share or interest in any lease, sale or purchase of
any immovable property or in any agreement for the same, if he has obtained the
previous sanction of the [93][State]
Government to have such share or interest. (2) If any question, dispute or
doubt arises Whether a vacancy has occurred under this section, the orders of
the [94][State]
Government shall be final for the purpose of deciding such question, dispute or
doubt. (1) If any person sits or votes
as a member of a school board when he knows that he is not qualified or that he
is disqualified for membership thereof, he shall upon it being so found by the
Collector be liable in respect of each day on which he so sits or votes to a
penalty of 50 rupees to be recovered as an arrear of land revenue. (2) The Collector shall give
such person a reasonable opportunity of being heard and shall record his
decision, and the reasons therefor, in writing. (3) Any person found liable to
pay a penalty under this section, may within fifteen days of such decision
appeal to the State Government, and the decision of the State Government shall
be final.] A member shall not vote or
take part his discussion on any matter before a meeting of the school board in
which he has directly or indirectly, by himself or his partner, any share or
interest such as is described in Clause (f) of Section 5 or in which he is
professionally interested on behalf of a client, principal or other person. The
vote so given shall not be counted. The [96][State]
Government may on its own motion or on the recommendation supported by a
resolution passed by at least two-thirds of the whole number of members of. (i) a school board, or (ii) [97][* * *] the authored
municipality which elected the members, remove any in ember elected, appointed
or nominated on the school board, if such member has been guilty of misconduct
in the discharge of his duties or of any disgraceful conduct or has become
incapable of performing his duties as a member by reason of any physical or
mental infirmity Provided that no person
shall be so removed nor shall any resolution recommending the removed of any
member be passed unless the member to whom it relates has been given a reasonable
opportunity of showing cause why; he should not be so removed or why such
recommendation should not be made. If any person, who was a
member of a school board and who had resigned his office as such member, has
been, after due inquiry, found guilty of misconduct in the discharge of his
duties, or of any disgraceful conduct as a member, the State Govern lent may by
an order notified in the Official Gazette declare him notwithstanding
the fact that he had resigned his office as such member, to be disqualified for
being elected, appointed or nominated a member of any school board from such
date and for such period not exceeding we years as may be specified in the
order. The State Government may at any time by like order remove the
disqualification so incurred by any) person. The decision of the State
Government under this section shall be final. (1) Every school board shall
elect a chairman and a vice-chairman from amongst the members of the board. (2) A chairman or a
vice-chairman shall be removable from office by a resolution passed to that
effect, provided that at least two-thirds of the total number of members of the
school board vote in favour of such resolution or where the number of such
members voting in favour of such resolution is less than two-thirds but more
than one-half of the total number of members of the school board, sanction is
accorded by the [99][State]
Government for such removal and provided farther, that before such resolution
is passed, the chairman or vice-chairman is given at least two weeks' notice of
such resolution and a reasonable opportunity of showing cause why such
resolution should not be passed. (3) Every chairman or
vice-chairman who, for a continuous period exceeding three months, absents
himself from the [100][area
of an authorized municipality] without leave of the school board shall cease to
be chairman or vice-chairman. (4) No leave shall be granted
by the school board under sub-section (3) for a total period exceeding six
months during the term of the school board. (5) Whenever leave is granted
to a vice-chairman under sub-section (3) a member shall be elected to be
vice-chairman during the period of such leave. Deleted by Mah. 5 of 1962,
S. 286, Tenth Schedule. Chapter III POWERS, DUTIES AND FUNCTIONS OF [101][ZILLA
PARISHADS], AUTHORIZED MUNICIPALITIES AND MUNICIPAL SCHOOL BOARDS A. [102][Zilla
Parishads.] Deleted by Mah. 5 of 1962,
S. 286, Tenth Schedule. Deleted by Mah. 5 of 1962,
S. 286, Tenth Schedule. (1) Subject to the provisions
of this Act and the rules made thereunder, the [103][Zilla
Parishad] shall have control over all approved schools within the district and
may grant aid to any approved school other than a primary school maintained by
the [104][State]
Government [105][*
* *] or by an authorised municipality. (2) Subject to the provisions
of this Act and the rules made thereunder, and so far as its [106][district
fund] will allow, the [107][Zilla
Parishad] shall perform the following duties and functions. (a) to provide for the welfare
of the children attending primary schools; (b) to maintain an adequate
number of primary schools; (c) to provide adequate accommodation
and equipment for primary schools; (d) to maintain an adequate
staff of Assistant Administrative Officers, Supervisions, Attendance Officers,
clerks, teachers, inferior servants and other staff [108]*
* *; (e) to maintain an adequate
number of engineering staff required for the construction and maintenance of
schools and other buildings; (f) to determine, on the
recommendation of the [109][Parishad Education
Officer], the distance measured according to the nearest road between an
approved school and the residence of a child for purposes of Clause (c) of
Section 33; (g) to determine with the
approval of the [110][Parishad Education
Officer] the hours of instruction and the number and duration of vacations; (h) to determine the exact
location of primary schools; (i) to grant on the
recommendation of the [111][Parishad Education
Officer] exemption from attending an approved school to a child who is
receiving instruction otherwise than in an approved school; (j) to sanction all tenders for
the supply of forms, stationery, furniture or equipment; (k) [112][to open additional
schools;] (l) to recommend to the
Director such modifications in the curriculum as may seem necessary to suit
local requirements; (m) to advise the [113][State]
Government generally in respect of primary education within the district; (n) to carry on propaganda for
the expansion of primary education; (o) to perform such other
duties and functions as may be prescribed. (3) The [114][Zilla
Parishad] shall from time to time with the sanction of the Director make
regulations not inconsistent with the provisions of this Act and the rules made
thereunder for. (i) laying down the days, the
times and the periods on each day during which a child shall be present for
instruction at an approved school; (ii) determining the
constitution, powers and duties of the taluka advisory committees; (iii) the supply of books,
states, educational requisites, milk, meals or clothes to children of any age
receiving primary education, if provision for such supply is made. Deleted by Mah. 5 of 1962,
S. 286, Tenth Schedule. Deleted by Mah. 5 of 1962,
S. 286, Tenth Schedule. B. Authorized
Municipalities (1) The [115][State]
Government may authorize any municipality constituted under the Bombay District
Municipal Act, 1901 (Bom. III of 1901), or under the Bombay Municipal Boroughs
Act, 1925 (Bom. XVIII of 1925), to control all approved schools within its
area. (2) Subject to the provisions
of this Act and of the rules and; regulations made thereunder, all existing and
future rights, liabilities, powers and duties of any municipality, which was a
local authority under the Bombay Primary Education Act, 1923 (Bom. IV of 1923),
immediately before the date of the coming into force of this Act, in respect of
primary school teachers and other persons employed by it for the purposes of
primary education shall on such date vest in and be performed or exercised by
the said municipality as an authorized municipality under this Act; and all
properties, moveable and in movable, vesting in or held by of under the control
of such municipality for the purposes of primary education, shall from such
date continue to vest in, be held by or be under the control of the said
municipality as such authorized municipality. (1) Subject to the provisions
of this Act and the rules made thereunder an authorized municipality shall
perform the following duties and functions, namely. (a) to make adequate provision
for maintaining the existing primary schools and opening new schools wherever
necessary and for granting aid to approved schools other than primary schools
maintained by the [116][State]
Government or by a school board or by an authorized municipality; (b) to provide adequate
accommodation and equipment for primary schools; (c) to maintain an adequate
staff of Assistant Administrative Officer, Supervisors, Attendance Officers,
clerks, teachers, inferior servants and other staff as may in the opinion of
the [117][State]
Government be necessary; (d) to make adequate provision
for facilities for the free primary education of all children to whom a scheme
of compulsion applies; (e) to sanction with or without
variation the budget of the municipal school board; (f) to perform such other
duties and functions as may be prescribed. (2) The authorized municipality
may, subject to the provisions of this Act and the rules made thereunder, also
make provision for the welfare of the children attending primary schools within
its area. (3) The authorised municipality
shall, subject to the sanction of the [118][State]
Government, make regulations. (i) determining the
qualifications, pay and terms of employment of the Assistant Administrative
Officers, Supervisors, Attendance Officers, clerks, inferior servants and other
staff; (ii) regulating the
administration, management and control of primary schools; (iii) determining the
qualifications, pay and terms of employment of the Administrative Officer
appointed by it under Section 22; (iv) for the supply of books,
states, educational requisites, milk, meals or clothes to children receiving
primary education, if provision of such supply is made. C. Municipal
School Boards (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 authorised municipality and for the control of all other approved schools
within the area of the authorized municipality excepting such as are maintained
by the [119][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) 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 [120][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 (2) of
Section 13; (d) to perform such other
duties and functions as may be prescribed. (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. [121][D. Merged Areas] (1) In any area administered by
virtue of an order made by the Governor General under Section 290-A (Geo. 5 Ch.
2) of the Government of India Act, 1935, all primary schools with their lauds,
buildings, records and equipment and all other properties moveable or
immoveable, 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 be under the control of the district
school board, and in other cases, the [123][State]
Government. (2) During the period the properties
so vest in or are held by or are under the control of the [124][State]
Government in any area under sub-section (1), it shall be lawful for the [125][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. (3) All properties vesting in,
held by or under the control of, the [126][State]
Government under this section shall, on such date as may be notified by
the [127][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 [128][State]
Government may specify in the notification. (4) The district school board
or the authorized municipality or the [129][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 (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 [130][State]
Government may direct. (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 [131][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 [132][State]
Government whose decision thereon shall be final. (1) Subject to the provisions
of this Act and of the rules made thereunder all properties moveable and
immoveable vesting in, held by or under the control of any non-authorized
municipality for the purpose of primary education shall vest in, be held by or
be under the control of the [133][Zilla
Parishad] of the district in which it is situated or such authorized
municipality as the [134][State]
Government may specify with the consent; of the authorized municipality; and
all existing and future right, liabilities, powers and duties of any such
non-authorized municipality in respect of primary school teachers and other
persons employed by it for such purposes shall vest in and be performed or
exercised under this Act and all approved schools within the area of such
non-authorized municipality shall be controlled by the said [135][Zilla
Parishad] or the authorized municipality, as the case may be. (2) The [136][State]
Government may, at any time by an order published in the Official
Gazette together with the reasons therefor, direct that any authorized
municipality shall, with effect from a date specified in this behalf, cease to
be an authorized municipality; and with effect from, such date the said
municipality shall be a non-authorized municipality. The provisions of
sub-section (1) shall thereupon apply in the case of such municipality. (3) If any non-authorized
municipality is at any time authorized by the [137][State]
Government to control all approved schools within its area, the said
municipality shall thereafter be an authorized municipality. Thereupon all
properties moveable or immovable vesting in, held by or under the control of
a [138][Zilla
Parishad] of an authorized municipality for the purposes of primary education
in such area shall vest in, be held by or be under the control of such first
mentioned municipality; and all existing and future rights, liabilities, powers
and duties in respect of primary school teachers and other persons employed by
such [139][Zilla
Parishad] or authorized municipality for the purposes of primary education in
such area shall also vest in and be performed or exercised by the said first
mentioned municipality. Chapter V ADMINISTRATIVE
MACHINERY (1) [141][* * * * * * * *] Every
authorized municipality shall maintain an adequate staff of Assistant
Administrative Officers, Supervisors, Attendance Officers, clerks, primary
school teachers and inferior servants and other staff (including engineering
staff), as may in the opinion of the [142][State]
Government be necessary for the administration, management and control of
approved schools within its area [143][or
for enabling a Primary Schools Panchayat constituted under Section 36-B to
discharge its ?functions under this Act.] (2) The staff maintained under
sub-section (1) shall be servants [144][*
* * *] of the authorized municipality [145][*
* *] and shall receive their pay, allowances, [146][*
* *] gratuities and pensions from its primary education fund. [147][The
primary school teachers] maintained by an authorised municipality shall receive
their provident fund from the primary education fund.] [148][***] (3) The rates of the pay and
allowances and terms of employment in respect [149][*
* * * * *] of the primary school teachers maintained by an authorized
municipality shall be as fixed from time to time by the [150][State]
Government. (4) The [151][State]
Government may from time to time prescribe the duties to be performed by the
staff maintained under sub-section (1). (1) For every school board
there shall be an Administrative Officer. He shall be the chief executive
officer of the board; his powers and duties shall be as prescribed. (2) The Administrative Officer
shall be appointed by and shall be servant of the [152][State]
Government. He shall draw his pay and allowances from the [153][State]
revenues. (1) Notwithstanding the
provisions of Section 21, the [154][State]
Government may by notification in Official Gazette delegate the power
to appoint an Administrative Officer to an authorized municipality which is a
municipality constituted under the Bombay Municipal Boroughs Act, 1925 (Bom.
XVIII of 1925), and the annual expenditure of which on primary education is not
less than Rs. 1,00,000 for three financial years immediately preceding the date
of the notification. The Administrative Officer so appointed shall be the
servant of the authorized municipality and shall draw his pay, allowances,
provident fund, gratuity and pension from its primary education fund. (2) The appointment of such
Administrative Officer shall be made after inviting and considering the
suggestions, if any, of the municipal school board and with the approval
of [155][State]
Government. No such officer shall, save with the previous sanction of the [156][State]
Government, be removed from his office, reduced or suspended except by a
resolution passed by at least two-thirds of the whole number of councillors of
the authorized municipality. (3) The qualifications, pay,
allowances and terms of employment of such Administrative Officer shall be in
accordance with the regulations framed by the authorised municipality with the
sanction of the [157][State]
Government. (1) There shall be a staff
selection committee for every [159][*
* *] authorized municipality. (2) The staff selection
committee shall consist of [160][an]
officer designated by the Director, the Chairman of the school board and the
Administrative Officer. (3) The Administrative Officer
shall act as secretary of the staff selection committee. (4) The committee shall select
candidates for appointments as Assistant Administrative Officers,
Supervisors [161][and
Attendance Officers] [162][*
* * *] The Committee shall also select teachers to be deputed for training. The
selection of candidates [163][*
* *] shall be made in accordance with the instructions issued, by the [164][State]
Government. (5) [165][Subject to the provisions
of sub-section (6), the school board] or the authorized municipality or the
Administrative Officer as the case may be shall make appointments of the
candidates so selected in accordance with the directions given by the staff selection
committee. (6) [166][Appointments to the posts
of primary school teachers shall be made from the list of candidates selected
by the Selection Board under the Maharashtra Public Services (Subordinate)
Selection Boards Act, 1973 (Mah. XXI of 1973).] (1) The Administrative Officer
shall have power, subject to such general instructions as may be issued from
time to time by the Director, to promote, transfer and take all disciplinary
action (including removal or dismissal) against the staff maintained under
Section 20. (2) Any person aggrieved by an
order of dismissal, removal, reduction or any other order involving
disciplinary action made under sub-section (1) may submit an appeal to a
tribunal consisting of the chairman of the school board and [168][any
officer designated by the Director]. The tribunal shall follow the prescribed
procedure for the disposal of its business. In the event of a difference of
opinion between the members of the tribunal the appeal shall be referred to the
Director whose decision [169][subject
to the provisions of this section] shall be final: Provided that a primary
school teacher who is a guaranteed teacher on the date of the coming into force
of this Act, may make a further appeal to the [170][State]
Government against any order of removal or dismissal. Explanation. A guaranteed
teacher means a primary school teacher who was holding a permanent appointment
as such teacher on 30th June 1923. (3) An appeal under sub-section
(2) shall be make within 30 days [171][from
the date on which the order appealed against was communicated to the aggrieved
person.] (4) [172][Notwithstanding anything
contained in this section, the State Government may call for and examine the
record of any order made by the Administrative Officer under sub-section
(1) [173][or
of any order made in appeal by the tribunal or Director under sub-section (2)]
involving disciplinary action against the staff maintained under Section 20,
for the purpose of satisfying itself as to the correctness or propriety of the
punishment awarded under the said order and if after causing such inquiry to be
made as it deems fit the State Government is of opinion that the said order
should be modified, annulled or reversed, the State Government may pass such
order thereon as it deems fit: Provided that no such order
shall be made by the State Government in revision to the prejudice of any
person unless such person has had an opportunity of being heard in his
defence.] Chapter VI PREPARATION
AND ENFORCEMENT OF THE SCHEMES OF COMPULSION It shall be the duty of
the [174][Parishad Education
Officer] to prepare in accordance with the directions received from the
Director in this behalf a scheme to provide compulsory primary education in
such area and for children of such ages and up to such standard and within such
period as the Director may specify. The [175][Parishad Education
Officer] shall obtain the comments and suggestions of the [176][Zilla
Parishad] upon the scheme so prepared by him and shall submit it together with
such comments and suggestions, if any, to the Director who shall forward it to
the [177][State]
Government with his remarks. (1) An authorized municipality
may by a resolution declare its intention provide compulsory primary education
in the whole or any part of its area in the are of children of such ages and up
to such standard as the municipality may decide and shall submit its proposals
to the [178][State]
Government through the Director in the form of a scheme. (2) An authorized municipality,
if called upon by the [179][State]
Government so to do, shall within a time to be specified by the [180][State]
Government submit to the Director a scheme to provide compulsory primary
education in such area and in the case of children of such ages and up to such
standard and within such period as the [181][State]
Government may specify. The scheme submitted under
the two preceding sections shall be in the form prescribed and shall contain
the following particulars. (a) area of compulsion; (b) the census of children of
the ages to which; the scheme shall apply classified by languages spoken by the
children: (c) a list of existing approved
schools and the schools proposed to be opened; classified by languages in which
instruction is given or is proposed to be given; (d) a schedule of existing and
proposed staff of Assistant Administrative Officers Supervisors, Attendance Officers,
clerks, teachers and inferior servants; (e) the recurring and
non-recurring cost of the scheme and in the case of a scheme submitted by an
authorized municipality the resolution of the municipality agreeing to bear its
share of the additional recurring and non-recurring cost; (f) if there is a
non-authorized municipality within the area of compulsion, the amount of annual
contribution, which the municipality according to the orders issued by
the [182][State]
Government under sub-section (2) of Section 41 shall make. (1) The [183][State]
Government may after such inquiry as may be necessary sanction with or without
modifications the scheme submitted under Section 25 or 26. The scheme
sanctioned shall come into effect from such date as may be notified by
the [184][State]
Government in the Official Gazette. (2) Every scheme of compulsion
sanctioned under the Bombay Primary Education Act, 1923 (Bom. IV of 1923), and
which is in force immediately before the coming into force of this Act shall be
deemed to be a scheme sanctioned under this Act. A sanctioned scheme may
with the sanction of the [185][State]
Government be withdrawn or from time to time modified by an authorized
municipality, or may by an order published with the reasons for making it in
the Official Gazette be modified, cancelled or temporarily suspended
by the [186][State]
Government. The [187][State]
Government may by notification in the Official Gazette exempt
children of either sex of any particular class or community in any area of
compulsion or part thereof from the operation of this Act. When a scheme has been
sanctioned, no fee shall be charged within the area of compulsion in any school
maintained by the [188][Zilla
Parishad] or the authorised municipality, as the case may be, in respect of any
child for the standards included in the scheme. In every area of
compulsion, the patent of every child to whom a scheme applies snail in the
absence of a reasonable excuse as hereinafter provided and if such, parent and
child ordinarily reside in such area cause such child to attend an approved
school in such area. A parent shall be deemed to
have a reasonable excuse for failure to cause a child to attend an approved
school in any of the following cases. (a) where the child is
prevented from attending school by sickness, infirmity or other unavoidable
cause; (b) where the child is
receiving, otherwise than in an approved school, instruction which in the
opinion of the school board [189][or Zilla
Parishad, as the case may be,] is efficient or has received from the school
board [190][or Zilla
Parishad, as the case may be,] a certificate of having already completed his
primary education up to the standard included in the scheme; (c) where there is no approved
school within he distance fixed by the [191][Zilla
Parishad or] school board under Section 13 or 18, as the case may be; (d) where after due
application, entrance to an approved school has been refused to the child and
there is no other approved school to which he can be admitted within the
distance fixed under Section 13 or 18, as the case may be, until such time as
the parent is notified by the Administrative Officer [192][or [193][Parishad Education
Officer]] that the child can be admitted; (e) where there is no approved
school in the locality in which instruction is given in the language spoken by
the child; (f) where there is no approved
school in the locality to which the parent can end the child without exposing
him to religious instruction to which the parent objects. (1) Where the [194][Zilla
Parishad or school board] is satisfied that the parent of any child who is
bound under the provisions of Section 32 to cause such child to attend an
approved school, has failed to do so, the [195][Zilla
Parishad or, as the case may be, the school board] after giving, the
parent an opportunity of being heard and after such inquiry as it considers
necessary may make an order directing the parent to cause such child to attend
an approved school on and from a date which shall be specified in the order. (2) This power may be delegated
by [196][the Zilla
Parishad to any member of the Education Committee appointed by it or
the [197][Parishad Education
Officer] or any officer of the Zilla Parishad and by] the school
board to any of its members or to the Administrative Officer or other officer
of the school board. (3) Any parent aggrieved by an
order made under sub-section (1) may, within thirty days from the date of such
order, appeal to the [198][Deputy
Director of Education of the Division] who may confirm or rescind the order as
he deems fit. (1) If an order with reference
to a child has been made under sub-section (1) of Section 34 against any parent
and if such parent fails to comply with the provisions of Section 32 with
respect to such child on or after the date specified in such order, unless such
order, is rescinded in an appeal made under sub-section (3) of the said Section
34, such parent shall, on conviction be punished with fine not exceeding two
rupees; and in case such failure continues after such conviction, he shall also
be punished with fine of eight annas for every day on which the failure
continues or is repeated. (2) No court shall take
cognizance of an offence under sub-section (1) except on [200][a
complaint presented in person or sent by registered post] [201][by
the [202][Parishad Education
Officer] or any officer authorised by him in this behalf or, as the case may
be] by the Administrative Officer or any other officer authorised by him in
this behalf]. (1) Whoever knowingly takes
into his employment, either on his own behalf or on behalf of any person, any
child in respect of whom the provisions of Section 32 apply, so as to interfere
with the education or instruction of such child shall, on conviction, be liable
to a fine not exceeding twenty-five rupees, (2) No court shall take
cognizance of an offence under this section except on [203][a
complaint presented in person or sent by registered post [204][by
the [205][Parishad Education
Officer] or any officer authorised by him in this behalf or, as the case may
be] by] the Administrative Officer or any other officer authorized by him in
this behalf, and before making any complaint under this section against any
person [206][the [207][Parishad Education
Officer] or,] Administrative Officer or such officer shall unless such person
has been previously convicted under sub-section (1) cause a warning to be given
to such person. For the purpose of taking
cognizance of an offence under sub-section (1) of Section 35 (against a parent
or against a person under sub-section (1) of Section 36; (1) if such parent or person
resides in a town or village where a judicial Magistrate holds his court, the
court of such Magistrate, (2) if such parent or person
resides within the limits of the jurisdiction of a nyaya panchayat which has
been empowered take cognizance of and try such offence under sub-section (2) of
Section 37 read with Clause (f) of Section 41 of the Bombay Village Panchayats
Act, 1933, such nyaya panchayat, and (3) if such parent or person
resides elsewhere, the Primary Schools Panchayat constituted under Section 36-B
within the limits of the jurisdiction of which such parent of person resides,
shall be the court competent to take cognizance of such offence. (1) The State Government may by
notification in the Official Gazette constitute a Primary Schools
Panchayat for the trial of offences punishable under Section 135 and 36 in the
areas referred to in Clause (3) of Section 36-A. (2) The Primary Schools
Panchayat constituted under sub-section (1) shall consist of three members
appointed by the State Government one of whom shall be the Chairman. The
qualifications of the members shall be such as may be prescribed. The members
so appointed shall hold office during the pleasure of the State Government. (3) Two members shall form a
quorum for the disposal of the business of the Primary Schools Panchayat. (4) Any vacancy of the member
of the Primary Schools Panchayat shall be filled in as early as practicable: Provided that during any
such vacancy the continuing members may art as if no vacancy had occurred. (5) The Primary Schools
Panchayat shall, except as otherwise provided in this Act, in respect of cases
relating to an offence punishable under Section 35 or Section 36, have the same
powers and shall follow the same procedure as is followed by a nyaya panchayat
in respect of such offence under Chapters VI, VII and VIII of the Bombay
Village Panchayats Act, 1933 (Bom. VI of 1933),[209] and
the provisions of the said Chapter shall mutatis mutandis apply in
respect of such cases. The court of the judicial Magistrate taking cognizance
of such offence shall try the case summarily in the manner provided in Section
263 of the Code of Criminal Procedure, 1898 (V of 1898). Where the parent of a child
has failed to cause such child to attend the approved school in pursuance of a
direction given by the [210][Zilla
Parishad or, as the case may be, the school board] under sub-section (1)
of Section 34, the Head Master of such school shall issue a certificate to the
effect that such parent has failed to cause the child to attend the approved
school in compliance with such direction and such certificate shall, until the
contrary is proved, be presumed to be conclusive evidence of such failure in a
prosecution against the parent under Section 35. Every prosecution under
Section 35 or 36 pending before any Court in any area on the date on which a
Primary Schools Panchayat is constituted for such area under Section 36-B and
all proceedings arising from, and incidental to, any such prosecution shall be
tried, heard and determined by such Court of any other Court having
jurisdiction to try, hear and determine the same, as if no such Primary Schools
Panchayat had been constituted for such area.] Every Administrative
Officer shall be deemed to be a public servant within the meaning of Section 21
of the Indian Penal Code (XLV of 1860).] Chapter VII APPROVED SCHOOLS The subjects, curricula,
books and standards of teaching of approved schools shall be such as may from
time to time be specified by the [212][State]
Government. (1) Every primary school, other
than a primary school maintained by the [213][State]
Government or by a [214][Zilla
Parishad or school board] or by an authorized municipality, which fulfils
the conditions prescribed in this behalf shall be entitled to recognition as an
approved school. (2) Such recognition shall be
given by the [215][Zilla
Parishad or school board] or by the [216][State]
Government or by an officer authorized by it in this behalf; and the manner in
which grant-in-aid is to be given to such approved school shall be as
prescribed. (1) Every approved school shall
be open during the school hours to inspection by the inspecting officers of
the [217][State]
Government for the purpose, in particular of ascertaining. (a) whether instruction is
given in accordance with the provisions of Section 38; (b) whether the provisions of
this Act for the compulsory attendance of children are being carried out; (c) whether the health of the
school children is satisfactory; (d) whether the instruction
given is not of a pernicious nature; (e) whether the registers and
records are being maintained as required by the Director. (2) The Administrative
Officer [218][or,
as the case may be, the [219][Parishad Education
Officer]] and the manager of an approved school shall furnish such returns and
supply such information as the Director may from time to time require, and
shall give reasonable facilities to officers appointed under sub-section (1) of
Section 48 and to any officer specially deputed under this sub-section by the
Director in the discharge of their duties. Chapter VIII FINANCIAL RELATIONS BETWEEN THE [220][STATE]
GOVERNMENT AND LOCAL BODIES (1) [221][* * * *] (2) Every non-authorized
municipality shall pay over annually to the [222][Zilla
Parishad] or the authorised municipality, as the case may be, for the purposes
of primary education such proportion of the rateable value of properties in the
area of the municipality as may from time to time be fixed in this behalf by
the [223][State]
Government and the income Accruing from any funds (including trust funds) held,
and all moneys received by it for the said purposes. (1) If a scheme submitted by an
authorised municipality is sanctioned under Section 28, the [225][State]
Government shall bear half of the additional recurring and non-recurring annual
cost of the scheme so sanctioned; but the liability of the [226][State]
Government shall not exceed half of the said cost, as it was estimated by the
authorized municipality. (2) Nothing in this section
shall affect the claim of any authorized municipality to any annual grant which
at the time this Act comes into force is being paid to it as a local authority
under the Bombay Primary Education Act, 1923 (Bom. IV of 1923), by the [227][State]
Government for the purposes of primary education: Provided that, if the [228][State]
Government considers that the primary education found of any authorized
municipality has been or is about to be misused or misapplied, it may call upon
such authorized municipality for an explanation of such misuse or
misapplication; and if not satisfied with the explanation given may make such
reduction in the grants payable to such authorized municipality as it may deem
proper. (3) [229][***] Deleted by Mah. 5 of 1962,
S. 286, Tenth Schedule. (1) A fund called the primary
education fund shall be maintained [230][* **] by every authorized
municipality. (2) The following shall form
part of, or be paid into, the primary education fond. (a) the balance of the primary
education fund maintained under Section 8-A of the Bombay Primary Education
Act, 1923 (Bom. IV of 1923); (b) [231][the contributions payable
by non-authorised municipalities under sub-section (2) of Section 41;] (c) fees and fines received in
respect of primary schools maintained by the school board or the authorized
municipality, as the case may be; (d) [232][***] (e) in the case of an
authorized municipality, the grant paid or parable by the authorized
municipality on account of primary education; (f) the grant paid or payable
by the [233][State]
Government on account of primary education; (g) such other sums as may from
time to time be received on account of primary education. Explanation. For the
purposes of Clause (e) the grant payable by an authorized municipality stall be
the amount of expenditure on account of primary education in any year less the
grant paid by the [234][State]
Government in that year, and less and sums of money from other sources of
income belonging to the fund. (1) The primary education fund shall
stand in the name of the school board and shall, subject the provisions of this
Act, be applied for the purposes specified therein and or such other purposes
as may be prescribed. (2) The fund shall be
maintained, administered and used in the manner prescribed. (1) The primary education fund
shall be kept in the Government treasury or in the bank to which the Government
treasury business has boon made over or in such other bank or co-operative
society registered or deemed to have been registered under the Bombay
Co-operative Societies Act, 1925,[235](Bom.
VII of 1925) as may be approved by the [236][State]
Government. (2) It shall be lawful for the
school board to invest such portion of the primary edition fund as is not
likely to be immediately required in post office cash certificates or in
securities of the Central Government or any [237][State]
Government. (3) Every investment in
Government securities shall be made through the Reserve Bank of India or any
other bank approved by the [238][State]
Government in this behalf. (1) The State Government shall
establish a provident fund (hereinafter called the said fund) for the staff
maintained by [240][Zilla
Parishad for the purposes of this Act] [241][*
* * *] [242][(1A) The rates of
subscriptions and contributions and other conditions of the provident funds
established by the State Government under this section shall be such as may be
prescribed.] (2) Any provident fund
established and maintained by a district school board [243][for
such staff] before the date of the coming into force of the; Bombay Primary
Education and Housing Board (Amendment) Act, 1951 (Bom. XLVI of 1951), shall be
merged into and form part of the said fund and the district school board [244][*
* *] concerned shall as soon as may be after the said date transfer from its
primary education fund to the said fund a sum equal to the total amount
standing to the credit of all the subscribers or depositors in the provident
fund till the date of such transfer: Provided that in the event
of any doubt arising as to the amount to be so transferred by any district
school board [245][*
* *] from its primary education fund to the said fund, the matter shall be
referred to the State Government or any officer authorised by it in this
behalf, whose decision shall be final. (3) The [246][Zilla
Parishad] [247][*
* *] concerned shall, in respect of each of its employees who is a subscriber
to the said fund, pay into the said fund such portion of the contribution in
such manner as the State Government may, from time to time, determine.] (4) [248][Notwithstanding anything
contained in sub-sections (1) and (3), the State Government may, by order
published in the Official Gazette, direct that the said fund shall be
merged into and form part of such other provident fund established for the
staff maintained by a Zilla Parishad in connection with the
administration of primary education as may be specified in the order; and
thereupon the Zilla Parishad shall transfer from the said fund to the
other provident fund a sum equal to the total amount standing to the credit of
all the subscribers or depositors in said fund till the date of such transfer.] The Chairman, vice-chairman
and members of the school board may be paid allowances for expenses incurred by
them in travelling for the purposes of the business of the school board at such
rates and subject to such conditions as may be prescribed. (1) The [249][State]
Government may appoint such officers (including inspecting officers) as it may
deem necessary for the purposes of superintendence and inspection and generally
for the purposes of giving effect to the provisions of this Act. (2) The officers appointed
under sub-section (1) shall be the servants of the [250][State]
Government, and their powers and duties shall be such as may be prescribed. (1) An inspecting officer
nominated by the Director in this behalf shall have the right of being present
at any meeting of the school board, and with the consent of the chairman, of
taking part in the discussions thereat, but he shall not be entitled to vote upon,
or move any resolution, at such meeting. (2) The Director [251][******]
or any officer authorized by a general or special order of the [252][State]
Government may. (a) (i) enter on and inspect
any immoveable property occupied for any purpose connected with primary education
by a school board or authorized municipality or any educational institution
under its control or management; or (ii) cause such property or
institution to he entered upon and inspected by any other person authorized by
him in this behalf; (b) call for any extract from
the proceedings of any authorized municipality, or school board, or of any
committee appointed by any of them relating to any matter connected with
primary education or; (c) call for and inspect any
book or document relating to any matter connected with primary education in the
possession or under the control of an authorized municipality or school board. The Director may. (a) call for from any [253][Zilla
Parishad or] authorized municipality or school board or administrative
officer any return, statement, account or report relating to any matter
connected with primary education; (b) call [254][upon
any Zilla Parishad or] authorized municipality or school board to
take into consideration any objection which appears to him to exist to the
doing of anything connected with primary education which is about to be
done [255][by
such Zilla Parishad or municipality] or board or any information
furnished by him which appears to him to necessitate the doing of a certain
thing [256][by
such Zilla Parishad or municipality] or board and to make a written
reply to him within a reasonable time, stating in case of disagreement with the
Director its reasons for not desisting from doing or for not doing such a thing. (1) If in the opinion of the
Director the execution of any order or resolution of a school board or the
doing of anything which is about to be done or is being done by or on behalf of
the board is in excess of the powers conferred by, or contrary to this Act or
the roles or regulations made thereunder or is otherwise unlawful, he may, by
order in writing under his signature, suspend the execution or prohibit the
doing thereof. (2) When the Director makes an
order under sub-section (1), he shall forthwith forward to the board affected
by it a copy of such order with a statement of the reasons for making it. (3) The Director shall
forthwith submit to the [257][State]
Government a report of every case occurring under this section and the [258][State]
Government may annul, confirm, revise or modify any order made therein and make
in respect thereof any other order: Provided that no order of
the Director passed under this section shall be confirmed, revised or modified
by the [259][State]
Government without giving the board reasonable opportunity of showing cause
against the said order. (1) If any authorized
municipality when called upon makes default in preparing a scheme or after a
scheme has been sanctioned omits to make adequate provision for compulsory
primary education in accordance with a scheme as sanctioned and to bring into
operation or continue to keep in operation such scheme, the [260][State]
Government may after due inquiry appoint a person to prepare the scheme or
bring it into operation or to continue to keep it in operation as the case may
be, and the expense thereof shall be paid by the authorized municipality to
the [261][State]
Government. (2) If the expense is not so
paid the [262][State]
Government may make an order directing any person who has for the time being
custody of any moneys on behalf of the authorized municipality either as
[banker or in any relation to pay such expense from such moneys as he may have
in his hands or may from time to time receive and such person shall be bound to
obey to such order. (1) When the [264][State]
Government is informed that a school board has made a default; in performing
any duty imposed on it by or under this Act or by or, under any enactment for
the time being in force, the [265][State]
Government may if it is satisfied after such inquiry as it may think fit, that
the school board has been guilty of such default, by an order in writing direct
the school board to perform the duty within a period fixed for the performance
of that duty: Provided that no such order
shall be made unless the school board has been given an opportunity to show
cause why such order should not be made. (2) If such a duty is not
performed within; the period so fixed, the [266][State]
Government may appoint some person to perform it and may direct that the
expenses of performing it with a reasonable remuneration to the person
appointed to perform it shall be paid within such time as it may fix to such
person by the school board or as the [267][State]
Government may direct. (3) If the expenses and
remuneration are not paid the [268][State]
Government may make an order directing the officer in charge of the treasury or
bank or society in which the primary education fund is kept be the whole or
portion thereof is deposited or lent at interest, to pay such expense and
remuneration from such moneys as may be standing to the credit of the school
board in such treasury or bank or society or to may from time to time be
received from or on behalf of the school board by way of deposit by such
treasury or bank or society and such officer or bank or society shall be bound
to obey such order. Every payment made in pursuance to such order shall be a
sufficient discharge to such officer, bank or society from a all liabilities to
the school board in respect of any sum or sums so paid by him or it out of the
moneys so received or standing to the credit of the school board in such
treasury, bank or society. Notwithstanding anything
contained in this Act the [269][State]
Government shall have power to give to a [270][Zilla
Parishad] all such directions as it may consider necessary in regard to any
matter connected with primary education and the [271][Zilla
Parishad] shall comply with such directions. (1) The [272][State]
Government may, from time-to-time cause enquiry to be made by any of its
officers in regard to any authorized municipality or school board on matters
connected with primary education concerning them or any matters with respect to
which the sanction, approval, consent or order of the [273][State]
Government is required by or under this Act. (2) The officer holding such
enquiry shall have the powers of a court under the Code of Civil Procedure,
1908 (V of 1908), to take evidence and to compel the attendance of witnesses
and the production of documents for the purposes of the enquiry. (3) The [274][State]
Government may make orders as to the cost of any enquiries made under
sub-section (1) and as to the party by whom and the funds out of which they
shall be paid and such order may on the application of the [275][State]
Government or of any person named therein be executed as if it were a decree of
a civil court. (1) If in the opinion of
the [276][State]
Government a school board is not competent to perform or is not properly
performing the duties imposed on it by or under this Act or the rules or
regulations made thereunder or exceeds or abuses its powers, or is acting or
has acted contrary to the provisions of this Act or the rules or regulations
made thereunder it may by an order published in the Official
Gazette with the reasons for making it either (a) dissolve the Board or (b) supersede it for a period
to be specified in the order. [277][Such
period may be longer than the term for which the members of the school board
would have held office under Section 4 if the school board had not been
superseded under this section.] (2) When the school board is
dissolved or superseded, the following consequences shall ensue. (a) all members of the board
shall in the case of supersession as from the date of the order of
supersession, and in the case of dissolution as from the date specified in the
order of dissolution, be deemed to have vacated their offices as such members; (b) all powers and duties of
the board shall, during the period of dissolution or supersession, be exercised
and performed by such person or persons as the [278][State]
Government may from time to time appoint in this behalf; (c) the person or persons
appointed under Clause (b) may delegate their powers and duties to any
individual or committee or sub-committee. (3) On the issue of an order of
dissolution under sub-section (1) election of members shall be held under the
provisions of this Act or of the rules made thereunder on or before the date to
be specified by the [279][State]
Government and the board shall be re-established by the election, appointment
or nomination of members under the aforesaid provisions on such date as may be
specified by the [280][State]
Government. (4) If, after enquiry made,
the [281][State]
Government so directs, the period of supersession with all the consequences
aforesaid shall, from time to time, be continued by an order published as
aforesaid until such date as may be fixed, by the [282][State]
Government for the re-establishment of the board. (5) After the board is
superseded it shall be re-established by election, appointment or nomination of
members under the provisions of this Act or the rules made thereunder
applicable thereto. (a) if no direction has been
made under sub-section (4) on the expiration of the period specified in the
order of supersession under Clause (b) of sub-section (1), and (b) if a direction has been
made under sub-section (4) on such date as is fixed under that sub-section for
the re-establishment of the school board. [Dissolution of district
school board and its reconstitution on alteration of limits of district.]
Deleted by Mah. 6 of 1962, S. 286, Tenth Schedule. [Chapter X BOARD OF PRIMARY EDUCATION] Deleted by Mah. 5 of 1962,
S. 286, Tenth Schedule. Chapter
XI MISCELLANEOUS (1) Subject to such conditions,
if any, as may be specified, (i) the State Government may
delegate any of its powers or duties under this Act or the rules made
thereunder to any officer or authority subordinate to it; and (ii) the Director may also, with
the previous sanction of the State Government, delegate any of his powers or
duties under this Act or the rules made thereunder of delegated to him by the
State Government under Clause (i) to any officer subordinate to him. (2) Nothing in this section
shall derogate from the right of the State Government or the Director to
exercise any or all of the powers or duties hereby delegated by it or him, as
the case may be, to any subordinate officer or authority.] (1) Subject to the provisions
of this Act and the rules made thereunder, an authorized municipality may
delegate any of its powers, duties and functions under this Act to the
municipal school board. (2) (a) A school board may from
time to time constitute committees and discontinue or after the constitution of
such committees. (b) The school board may
delegate any of its powers, duties and functions to any such committee or to
any member or Administrative Officer or stipendiary or any other officer of the
board; and such committee, member or officer shall conform to any instructions
that may from time to time be given by the board. (3) The authorized municipality
or the school board may at any time withdraw any of the powers, duties and
functions so delegated. (1) No suit, prosecution or
other legal proceeding shall be commenced against any school board or
authorized municipality or a servant thereof or any person acting under the
orders, of the said board or municipality for anything done, or purporting to
have been done in pursuance of this Act, which entitles or requires a school
board, authorized municipality, member, officer, servant as such or other
person so acting to exercise any powers or perform duties without giving to
such school board, authorized municipality, member, officer, servant or person
one month's previous notice in writing of the intended action and of the cause
thereof, or after six months from the date of the act complained of. (2) In the case of any such
suit for damages if tender of sufficient amends shall have been made before the
action was brought, the plaintiff shall not recover more than the amount as tendered,
and shall pay all costs incurred by the defendant after such tender. (1) The [284][State]
Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act. (2) In particular and without
prejudice to the generality of the foregoing provision such rules may be made
for all or any of the following matters. (a) the manner of election of
the chairman, vice-chairman and the members of a school board; (b) the duties and functions of
the chairman and the vice-chairman; (c) procedure for the conduct
of school board's business [285][and
school committees for non-authorised municipalities;] (d) procedure for sanctioning
tenders;] (e) the constitution and
functions of village school committees; [286][(ee) provident funds,
gratuities and pensions for the primary school teachers: maintained by an
authorised municipality;] (f) [287][the rates of subscriptions
and contributions and other conditions of the provident and established for the
staff maintained by [288][Zilla
Parishads for the purposes of this Act]; [289][***] [290][***] (g) provision for the welfare
of the children attending primary schools including provision for the care of
their health and for the physical and moral training; (h) pre-vocational courses as a
part of upper primary courses; (i) regulation of the
delegation of powers, duties and functions under this Act; and (j) matters to be prescribed
under this Act. (3) Rules made under
sub-sections (1) and (2) shall be made after previous publication. The Bombay Primary
Education Act, 1923 (Bom. IV of 1923), is hereby repealed: Provided that until a new
school board is constituted under Section 4, any existing school board under
the Bombay Primary Edition Act, 1923, shall exercise all the powers and perform
all the duties and factions and-shall be subject to all the rights and
liabilities as if it is constituted under this Act. The provisions of this Act
shall have effect notwithstanding anything to the contrary contained in the
provisions relating to primary education in the Bombay District Municipal Act,
1901 (Bom. III of 1901), the Bombay Local Boards Act, 1923 (Bom. IV of 1923),
and the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925). Notwithstanding anything
contained in this Act, on and with, effect from the date on which the
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962),
comes into force (hereinafter in this section referred to as ?the said date?) (1) all the existing district
school boards shall stand dissolved and the Chair-men and Vice-Chairmen and
other members thereof shall be deemed to have vacated their office; (2) subject to the Provisions
of this section and of the Eleventh Schedule of the Maharashtra Zilla
parishad and Panchayat Samitis Act, 1961 (Mah. V of 1962), a Zilla
Parishad in relation to any local area for which an existing school board
was functioning immediately before the said date (hereinafter referred to as
?the successor Zilla Parishad?) shall exercise, perform or discharge all
the powers, duties and functions under this Act of such existing school board; (3) all primary schools with
their lauds, buildings, records and equipment and all other properties,
moveable or immovable, which were vesting in, held by or were under the control
of any existing district school boards immediately before the said date shall
vest in, be held by or be under the control of the successor Zilla
Parishad; (4) every scheme of compulsion
prepared by an existing district school board and forwarded to the State
Government under this Act immediately before the said date shall be deemed to
be a scheme prepared by the successor Zilla Parishad; (5) any regulation made under
this Act by an existing district school board and in force in the area subject
to the jurisdiction of such district local board immediately before the said
date shall, continue to be in force as if made by the successor Zilla
Parishad until amended or superseded by it.] Deleted by Mah. 5 of 1962,
S. 286, Tenth Schedule. (1) With effect from such date
as the State Government may, by notification in the Official
Gazette appoint, the District School Board of Banas kantha shall
notwithstanding anything contained in this Act, stand reconstituted and shall
be deemed, to be the District School Board for the Districts Banas kantha as
formed on the 1st day of November 1956 by the States Reorganization Act, 1956
(XXXVII of 1956), and shall consist of such number of members as may be
nominated by the State Government in this behalf. (2) The members to be nominated
shall, as far as may be, be persons who were the members of the Banaskantha
School Board and who represented the areas included in the said district
excluding the Abu-Road taluka, before such reconstitution. (3) The Members of the school
board so reconstituted shall hold office for such period, as the State
Government may by notification in the Official Gazette specify, but
not exceeding one year from the date of such reconstitution. (4) The Chairman and
Vice-Chairman of the school board reconstituted as aforesaid shall be elected
in the manner provided in this Act. (5) (a) When the period of
office of the members of the school board under sub-section (3) is due to
expire, the school board of the district shall be constituted in the manner
provided in Section 4 and other relevant provisions of this Act. (b) Notwithstanding the
expiry of the period of office of such members, they shall continue in office
until the members of the new school board are elected, appointed or nominated,
as the case may be. (6) Upon the reconstitution of
the School board under this section, or as soon as may be thereafter, the State
Government after consulting the Government of Rajasthan, may by Order provide
for all or any of the following matters, namely. (a) the transfer, in whole or
in part, of the assets, rights and liabilities (including any rights and
liabilities under contract) of the former school board of Banaskantha to the
reconstituted school board of Banaskantha and the terms and conditions (if any)
of such transfer; (b) the transfer or
re-employment of any of the employees of the former school board to or by that
reconstituted school board of Banas kantha; (c) such incidental
consequential and supplementary matters as may be necessary to give effect to
such apportionment and transfer. (7) Where an Order is made
under this section transferring the assets, rights or liabilities of the former
school board, then by virtue of that Order such assets, rights and liabilities
of such school board shall vest in and be the assets rights and liabilities of
the reconstituted school board.] [1] For Statement of
Objects and Reasons see Bombay Government Gazette, 1947 Part V. page 328; for
Proceedings in Assembly, see Bombay Legislative Assembly Debates, 1947 Vol., XI
and for Proceedings in Council, see Bombay Legislative Council Debates, Vol.
XIII. [Received
assent of the Governor on the 12th December 1947; assent first published in the
Bombay Government Gazette, Part IV, on the 29th January 1948] [2] Amended by Bom. 8 of
1949, Amended by Bom. 46 of 1949, Amended by Bom. 8 of 1950, Adapted and
modified by the Adaptation of taws Order, 1950, Amended by Bom. 9 of 1951,
Amended by Bom. 39 of 1951, Amended by Bom. 46 of 1951, Amended by Bom. 25 of
1952, Amended by Bom. 33 of 1953, Amended by Bom. 26 of 1954, Amended by Bom.
67 of 1954, Amended by Bom. 2 of 1933, Amended by Bom. 12 of 1956, Amended by
Bom. 24 of 1956, Adapted and modified by the Bombay Adaptation of Laws (State
and Concurrent Subjects) Order, 1956, Amended by Bom. Amended by Bom. 50 of
1958, Adapted and modified by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960, Amended by Mah. 5 of 1962, Amended by Mah. 43
of 1962, Amended by Mah. 35 of 1963 and Amended by Mah. 21 of 1973. [3] These words were
substituted far the words ?pro-Reorganization of Bombay excluding the
transferred territories and Greater Bombay by the Maharashtra Adaptation of
Laws; (State and Concurrent Subjects) Order, 1960. [4] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [5] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [6] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sen. [7] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sen. [8] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [9] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sen. [10] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [11] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sen. [12] These words were
substituted for the words ?the Director of Public Instructions? by Bom. 39 of
1951, S. 3, Second Schedule. [13] The words ?for the
State of Bombay? were omitted by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956. [14] Clauses (9) and (10)
were substituted by Mah. 5 of 1962, S. 286, Tenth Sen. [15] See now the
Maharashtra Land Revenue Code, 1956 (Mah. XLI of 1966). [16] Clauses (9) and (10)
were substituted by Mah. 5 of 1962, S. 286, Tenth Sen. [17] Clause (10-A) was
deleted, Ibid. [18] Clause (13A) was
inserted by Mah. 35 of 1963, S. 80, Sch. [19] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [20] This word was
substituted for the words ?State Board? by the Bombay Adaptation of Laws (State
and Concurrent Subjects) Order, 1956. [21] The words ?a district
school board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [22] The words ?as the case
may be? were deleted, Ibid. [23] The words ?District
and? were deleted, Ibid. [24] Sub-section (1) was
deleted, Ibid. [25] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [26] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [27] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [28] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [29] This word was substituted
for the word ?Provincial? by the Adaptation of Laws Order, 1950. [30] The words ?the
district local board or? were deleted, Ibid. [31] The words ?as the
case may be? were deleted, Ibid. [32] The words ?the
district school board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [33] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [34] The words ?the
district school board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [35] The words ?as the
case may be? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [36] This clause was
inserted by Bom. 8 of 1949 S. 2(1) [37] This word was
substituted for the words ?a district local board or? by Mah. 5 of 1962, S.
286, Tenth Sch. [38] The words ?members
or? were deleted, Ibid. [39] The words ?district
local board or? were deleted, Ibid. [40] The words ?district
local board or the? were deleted, Ibid. [41] The words ?district
local board or the? were deleted, Ibid. [42] This sub-section was
substituted for the original by Bom. 25 of 1962, S. 2(1). The
amendments - by Section 2 of Bom. 25 of 1952 shall not apply to any school
board existing on the date of the commencement of the said Act but shall apply
to any new school board constituted thereafter (vide, S. 10 of Bom. 25 of
1952). [43] The words ?by the
district local board or? were deleted by Mah. 5 of 1962, S. 386, Tenth Sch. [44] These words were
substituted for the words ?the backward communities? by Bom. 25 of 1952, S.
2(2). See also para. Z of footnote 9. [45] The words ?the
district local board or? were deleted by Mah. 5 of 1962 S. 286, Tenth Sch. [46] These words were
substituted for the words ?who have passed the matriculation or second year
training certificate examination ?by Bom. 46 of 1949, S. 2(1). [47] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [48] This Explanation was
substituted for the original by Bom. 25 of 1952, S. 2(3), See also para. 2 of
footnote 3. [49] These words were
substituted for the words ?pre-Organisition State of Bombay, excluding the
transferred territories? by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960. [50] This word was
substituted for the word ?Provincial? by the Adaptation of Laws. Order, 1950. [51] This word was substituted
for the word ?Provincial? by the Adaptation of Laws. Order, 1950. [52] This word was
substituted for the word ?Provincial? by the Adaptation of Laws. Order, 1950. [53] This proviso was
added by Bom. 26 of 1954, S. 2(1). [54] The words ?district
local board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [55] The words ?district
local board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [56] The words ?district
local board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [57] The words ?district
local board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [58] The words ?district
local board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [59] The words ?as the
case may be? were deleted, Ibid. [60] This word was
substituted for the word ?Provincial? by the Adaptation of Laws. Order, 1950. [61] This word was
substituted for the word ?Provincial? by the Adaptation of Laws. Order, 1950. [62] The words ?district
local board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [63] The words ?as the
case may be? were deleted, Ibid. [64] These words were
substituted for the original by Bom. 26 of 1934, S. 2(2)(i). [65] These brackets and
figures were substituted for the brackets and figure ?(9)? ibid., S. 2(2)(ii). [66] The words ?the
district local board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [67] The words ?as the
case may be? were deleted, Ibid. [68] This proviso was
added by Bom. 8 of 1940, S. 2(g). [69] This sub-section was
added, ibid., S. 2(3). [70] Sub-section (15) was
deleted by Mah. 5 of 1962, S. 286, Tenth Schedule. [71] These worth were
substituted for the words ?a magistrate? by Bom. 46 of 1949, S. 3. [72] This word was
substituted for the word ?Provincial? by the Adaptation of laws Order, 1950. [73] The words ?or
district local board? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [74] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [75] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [76] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [77] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [78] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [79] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [80] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [81] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [82] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [83] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [84] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [85] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [86] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [87] These words were
substituted for the words ?electing local authority? by Mah. 5 of 1962, S. 286,
Tenth Sofa. [88] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [89] This section was
inserted by Bom. 12 of 1956, S. 2. [90] This clause was
substituted for the original by Bom. 46 of 1949, S. 4. [91] The word ?previous?
was deleted by Bom. 25 of 1952, S. 3. [92] This word and figure
were substituted for the word and figure ?Section 6? by Bom. 9 of 1951, S. 3,
Second Schedule. [93] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [94] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [95] This section was
inserted by Bom. 12 of 1966, S. 3. [96] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [97] The words ?the
district local board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [98] Section 9-A was
inserted by Bom. 25 of 1952, S. 4. [99] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [100] These words were
substituted for the word ?district? by Mah. 5 of 1962, S. 286, Tenth Sch. [101] Them words were
substituted for the words ?District School Boards? by Mah. 5 of 1962, S. 286
Tenth Sch. [102] Them words were
substituted for the words ?District School Boards? by Mah. 5 of 1962, S. 286
Tenth Sch. [103] These words were
substituted for the wards ?district school board?, Ibid. [104] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [105] The words ?or by a
school board? were deleted, Ibid. [106] These words were
substituted for the words ?Primary education fund? by Mah. 5 of 1962, S. 286,
Tenth Sch. [107] These words were
substituted for the words ?district school board? Ibid. [108] The words ?as may in
the opinion of the State Government be necessary? were deleted, Ibid. [109] Those words were
substituted for the words ?Educational Inspector of the Zilla Parishad? by Mah.
36 of 1969, S. 80, Sch. [110] Those words were
substituted for the words ?Educational Inspector of the Zilla Parishad? by Mah.
36 of 1969, S. 80, Sch. [111] Those words were
substituted for the words ?Educational Inspector of the Zilla Parishad? by Mah.
36 of 1969, S. 80, Sch. [112] Chow (k) was
substituted by Mah. 5 of 1962, S. 286, Tenth Sch. [113] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [114] These words were
substituted for the words ?district school board? Ibid. [115] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [116] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [117] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [118] This word was
substituted for the ward ?Provincial? by the Adaptation Laws Order, 1950. [119] This word was
substituted for the ward ?Provincial? by the Adaptation Laws Order, 1950. [120] This word was
substituted for the ward ?Provincial? by the Adaptation Laws Order, 1950. [121] This heading and
Section 18-A were inserted by Bom. 40 of 1949, S. 6 [122] This heading and
Section 18-A were inserted by Bom. 40 of 1949, S. 6 [123] This word was
substituted for the ward ?Provincial? by the Adaptation Laws Order, 1950. [124] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [125] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [126] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [127] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [128] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [129] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [130] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [131] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [132] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [133] These words were
substituted for the words ?district school board? by Mah. 5 of 1962 S. 286
Tenth Sch. [134] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [135] These words were
substituted for the words ?district school board? by Mah. 5 of 1962 S. 286
Tenth Sch. [136] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [137] This word was
substituted tax the word ?Provincial? by the Adaptation of Laws Older, 1950. [138] These words were
substituted for the words ?district school board? by Mah. 5 of 1962, S. 286,
Tenth Schedule. [139] These words were
substituted for the words ?district school board? by Mah. 5 of 1962, S. 286,
Tenth Schedule. [140] The words ?District
school board? were deleted, Ibid. [141] The words ?Every
district school board with the approval of the State Government and.? were
deleted, Ibid. [142] This word was
substituted tax the word ?Provincial? by the Adaptation of Laws Older, 1950. [143] Those words, figures
and letter were added by Bom. 67 of 1964, S. 2. [144] The words ?of the
district school board or? were deleted, by Mah. 5 of 1962, S. 286, Tenth Sen. [145] The words ?as the
case may be? were deleted, Ibid. [146] The words ?provident
fond? were deleted by Bom. 46 of 1951, S. 2(1). [147] These words were
substituted by Mah. 5 of 1962, S. 286, Tenth Schedule. [148] Sub-section (2A) was
deleted, Ibid. [149] The words ?of all the
members of the staff maintained by a district school board and? were deleted, Ibid. [150] This word was
substituted tax the word ?Provincial? by the Adaptation of Laws Older, 1950. [151] This word was
substituted tax the word ?Provincial? by the Adaptation of Laws Older, 1950. [152] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [153] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [154] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [155] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [156] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [157] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [158] The words ?district
school board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [159] The words ?district
school board or? were deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [160] This word was
substituted for the words ?the Educational Inspector of the district or any
other? Ibid. [161] These words were
substituted for the words ?Attendance Officer and teachers? by Mah. 21 of 1973,
Sch. III. [162] The words ?and in the
case of district school boards, also members of the other staff excluding
inferior servants? were deleted by Mah. 5 of 1962, S. 286, Tenth Schedule. [163] The words ?and
teachers? were deleted by Mah. 21 of 1973, sch. III. [164] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [165] These words were
substituted for the words ?the school board? Ibid. [166] Sub-section (6) was
added, Ibid. [167] The marginal note was
substituted, Ibid. [168] These words were
substituted for the words ?the Educational Inspector of the district? by Mah. 5
of 1962, S. 286, Tenth Schedule. [169] These words were
inserted by Bom. 50 of 1958, S. 2(a). [170] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [171] These words weres
substituted for the original by Bom. 26 of 1954, S. 3. [172] Sub-section (4) Was
added by Bom. 25 of 1952, S. 5. [173] These words, brackets
and figures were inserted by Bom. 50 of 1958, S. 2 [174] These words were
substituted for the words ?Educational Inspector of a Zilla Parishad? by Mah.
35 of 1963, S. 80, Sch. [175] These words were;
substituted for the words ?district school board? by Mah. 5 of 1962, S. 286,
Tenth Sch. [176] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [177] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [178] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [179] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [180] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [181] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [182] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [183] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [184] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [185] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [186] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [187] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [188] These words were
substituted for the words ?district school board? by Mah. 5 of 1962, S. 286,
Tenth Sch. [189] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [190] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [191] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [192] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [193] These words were
substituted for the words ?Educational Inspector of the Zilla Parishad? by Mah.
30 of 1963, S. 80. [194] These words were
substituted for the words ?school board? by Mah. 5 of 1962, S. 286, Tenth sch. [195] These words were
substituted for the words ?school board? by Mah. 5 of 1962, S. 286, Tenth sch. [196] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [197] These words were
substituted for the words ?Educational Inspector?, by Mah. 30 of 1963, S. 30,
Sch. [198] These words were
substituted for the words ?Educational Inspector of the district? by Mah. 8 of
1962, S. 286, Tenth Sch. [199] Section 35 was
substituted for the original by Bom. 26 of 1952, S. 6. [200] These words were
substituted for the words ?the complaint filed? by Bom. 87 of 1954, S. 3. [201] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [202] These words were
substituted for the words ?Educational Inspector, of the Zilla Pariahad? by
Mah. 33 of 1988, S. 80, Sch. [203] These words were
substituted for the words ?the complaint of ?by Bom. 67 of 1954, S. 4. [204] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [205] These words were
substituted for the words ?Educational Inspector, of the Zilla Pariahad? by
Mah. 33 of 1988, S. 80, Sch. [206] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [207] These words were
substituted for the words ?Educational Inspector, of the Zilla Pariahad? by
Mah. 33 of 1988, S. 80, Sch. [208] Sections 36-A to 36-D
were inserted, Ibid., S. 5. [209] See now the Bombay
Village Panchayata Act, 1968 (Bom. III of 1959). [210] These words were
substituted for the words ?School board? by Mah. 5 of 1962, S. 286, Tenth Sen. [211] This section was
substituted for the original by Bom. 36 of 1940, S. 8. [212] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950 [213] This word was
substituted for the word ?Provincial? by the Adaptation; of Laws Order, 1950. [214] These words were
substituted for the words ?school board? by Mah. 5 of 1962, S. 286, Tenth Sch. [215] These words were
substituted for the words ?school board? by Mah. 5 of 1962, S. 286, Tenth Sch. [216] This word was
substituted for the word ?Provincial? by the Adaptation; of Laws Order, 1950. [217] This word was
substituted for the word ?Provincial? by the Adaptation; of Laws Order, 1950. [218] These words were
inserted by Mah. 43 of 1962, S. 26, Sch. [219] These words were
substituted for the words ?Educational Inspector of a Zilla Parishad? by Mah.
35 of 1963, S. 80, Sch. [220] This word was
substituted for the word ?Provincial? by the Adaptation of Lawn Order, 1950. [221] Sub-section (1) was
deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [222] These words was
substituted for the words ?district school board,? Ibid. [223] This word was
substituted for the word ?Provincial? by the Adaptation of Lawn Order, 1950. [224] This word was
substituted for the word ?Provincial? by the Adaptation of Lawn Order, 1950. [225] This word was
substituted for the word ?Provincial? by the Adaptation of Lawn Order, 1950. [226] This word was
substituted for the word ?Provincial? by the Adaptation of Lawn Order, 1950. [227] This word was
substituted for the word ?Provincial? by the Adaptation of Lawn Order, 1950. [228] This word was
substituted for the word ?Provincial? by the Adaptation of Lawn Order, 1950. [229] The words ?by was
deleted, Ibid. [230] The words ?by ovary
district school board and? were deleted ibid. [231] Clause (b) was
inserted by Mah. 48 of 1962, S. 26, Sch. [232] Clause (d) was
deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [233] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [234] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [235] See now the
Maharashtra Cooperative Societies Act, 1960 (Mah. 24 of 1961). [236] Clause (d) was
deleted by Mah. 5 of 1962, S. 286, Tenth Sch. [237] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [238] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [239] This section wits
inserted by Bom. 46 of 1961, S. 3. [240] These words were
substituted for the words ?District school boards? by Mah. 6 of 1962, S. 286,
Tenth Sch. [241] The words ?or for the
primary school teachers maintained by authorised ??? were deleted by Bom. 33 of
1963, S. 3. [242] This sub-section was
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [243] These words were
substituted for the words ?or an authorized municipality for such staff or
teaches as the case may be,? by Bom. 23 of 1963, S. 3. [244] The words ?or the
authorised municipality? were deleted, by Bom. 33 of 1953, S. 3. [245] The words ?or
authorized municipality? were deleted, Ibid. [246] These words were
substituted for the words ?district school board? by Mah. 5 of 1962, S. 286,
Tenth Sch. [247] The words ?or
authorized municipality? were deleted, Ibid. [248] This sub-section was
inserted Ibid. [249] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [250] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [251] The words ?or
Educational Inspector of the district? were deleted by Mah. 5 of 1962, S. 286 [252] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [253] These words were
inserted by Mah. 5 of 1962, S. 286, Tenth Sch. [254] These words were
substituted for the words ?upon an? Ibid. [255] These words were
substituted for the words ?by such municipality? Ibid. [256] These words were
substituted for the words ?by such municipality? Ibid. [257] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [258] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [259] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [260] This word was substituted
for the word ?Provincial? by the Adaptation of Laws Order, 1950. [261] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [262] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [263] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [264] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [265] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [266] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [267] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [268] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [269] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [270] These words were
substituted for the words ?district school board? by Mah. 6 of 1962, S. 286,
Tenth Sch. [271] These words were
substituted for the words ?district school board? by Mah. 6 of 1962, S. 286,
Tenth Sch. [272] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [273] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [274] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [275] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [276] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [277] These words and
figure were added by Bom. 24 of 1956, S. 6. [278] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [279] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [280] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [281] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1950. [282] This word was substituted
for the word ?Provincial? by the Adaptation of Laws Order, 1950. [283] Section 60 was
substituted for the original by Bom. 25 of 1952, S. 8. [284] This word was
substituted for the word ?Provincial? by the Adaptation of Laws Order, 1960. [285] Those words were
added by Bom. 25 of 1952, S. 9. [286] Clause (ee) was
inserted by Bom. 33 of 1953, S. 4(i). [287] These clauses were
substituted for the original Clause (f) by Bom. 40 of 1961, S. 4. [288] These words were
substituted for the words ?district school boards? by Mah. 6 of 1902, S. 286
Tenth Sch. [289] The words ?and
primary school teachers maintained by authorized municipalities? were deleted
by Bom. 38 of 1953, S. 4(ii). [290] Clause (fa) was
deleted by Mah. 6 of 1962, S. 286, Tenth-Sch. [291] Section 65-A was
inserted by Mah. 5, of 1962, S. 286, Tenth Sch. [292] Sections 86 and 67
were inserted by the Bombay adaptation of Laws (State and Concurrent Subjects)
Order, 1956.Bombay Primary Education Act, 1947
[Repealed]