Gujarat Primary Education Act, 1947

[Act, No. LXI of 1947]1

[29thJanuary, 1948]

Preamble

An Act to provide for compulsory primary education and to make better provision for the management and control of primary education in the 2[State] 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 programme of progressive expansion; and whereas it is expedient to make better provision for the development, expansion, management and control of primary education in the2[State] of Bombay. It is hereby enacted as follows:-

Footnotes:

  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, 1947, Vol. XIII.

  2. This word was substituted for the word "Province" by the Adaptation of laws Order 1950.

    Chapter 1 - PRELIMINARY

    Section 1 - Short title and extent

    (1) This Act may be called the 4[Gujarat] Primary Education Act, 1947.

    1[(2) It extends to the whole of the State of Gujarat.]

    (3) It shall come into force on such date as the 2[State] Government may by notification in the Official Gazette, appoint:

    3[Provided that in the areas to which this Act is extended by the Bombay Primary Education (Gujarat Extension and Amendment) Act, 1963 (Gujarat XIII of 1963) this Act and the rules made thereunder shall come into force on the date on which the Bombay Primary Education (Gujarat Extension and Amendment) Act, 1963 comes into force.]

    Footnotes:

  3. This sub-section was substituted by Gujarat 13 of 1963, s. 2 (i).

  4. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950

  5. This proviso was added by Gujarat 13 of 1963, s. 2 (ii).

  6. Substituted by the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the following: -"Bombay"

    Section 2 - Definitions

    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 the1 [State] Government or by a school board or by an authorised municipality2 [and includes a private primary school recognised under section 40A;]

    (3) "Area of compulsion" means the area in which primary education upto any standard is compulsory;

    (4) "Area of an authorised 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 authorised 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;

    (6) "Authorised Municipality" means a municipality which is authorised by the1 [State] Government under sub-section (1) of section 16 to control all approved schools within its area;

    (7) "Child" 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 may, with the sanction of the Director, fix;

    (8) "Director" means3 [The Director of Education] 4****;

    (9) "District" in clause (h) of section 5, in section 6, subsection (3) of section 10,5 [section 19 and section 68] means the district as formed under the Bombay Land Revenue Code, 1879,(Bom. V of 1879.) 6 [or, as the case may be, that Code as extended to the Kutch area of the State of Gujarat] and elsewhere the area comprised in a district so formed excluding the are as of authorised municipalities, and cantonments;

    (10) "District School Board" means a school board constituted for a district under section 3;

    7 [10A) "Educational Inspector of the district" means the Educational Inspector appointed for a district or group of districts;]

    (11) "Municipal School Board" means a school board constituted for the area of an authorised municipality under section 3;

    (12) "Non-authorised Municipality" means a municipality other than an authorized municipality;

    (13) "Parent" includes a guardian or any person who has the custody of a child;

    (14) "Prescribed means Prescribed by the rules made under this Act;

    (15) "Primary Education" means education in such subjects and upto such standards, as may be determined by the 8[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 upto any standard is imparted;

    (18) 9[Board] of Primary Education" means the Board constituted under section 58;

    10 [(18A) "Private primary school" means a private primary school which is not maintained by the State Government or by a School Board or by an authorised municipality;]

    (19) "School Board" means a district school board or a municipal school board, as the case may be.

    Footnotes:

  7. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950

  8. These words, figures and letter were substituted for the portion beginning with the words "or which is" and ending with the words "in this behalf" by Guj. 24 of 1986, s. 2(1).

  9. These words were substituted for the words "the Director of Public Instruction" by Bom. 39 of 1951, s. 3, Second Schedule.

  10. The words "for the State of Bombay "were omitted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

  11. These words and figures were substituted for the words and figures "and section 19" by Guj. 13 of 1963, s. 3 (ii).

  12. These words were inserted, by Guj. 13 of 1963, s. 3 (i).

  13. This clause was inserted by Bom. 2 of 1956, s. 3, Second Schedule.

  14. This word was substituted for the word "Provincial" by the Adaptation of Laws Order 1950.

  15. This word was substituted for the words "State Boards by the Bombay Adaptation of Law (State and Concurrent Subjects) Order, 1956.

  16. This clause was inserted by Guj. 24 of 1986, s. 2(2).

    Chapter 2 - CONSTITUTION OF DISTRICT AND MUNICIPAL SCHOOL BOARDS

    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 the1 [State] Government or by a school board or by an authorised municipality2 [and includes a private primary school recognised under section 40A;]

    (3) "Area of compulsion" means the area in which primary education upto any standard is compulsory;

    (4) "Area of an authorised 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 authorised 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;

    (6) "Authorised Municipality" means a municipality which is authorised by the1 [State] Government under sub-section (1) of section 16 to control all approved schools within its area;

    (7) "Child" 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 may, with the sanction of the Director, fix;

    (8) "Director" means 3[The Director of Education] 4****;

    (9) "District" in clause (h) of section 5, in section 6, subsection (3) of section 10,5 [section 19 and section 68] means the district as formed under the Bombay Land Revenue Code, 1879,(Bom. V of 1879.) 6[or, as the case may be, that Code as extended to the Kutch area of the State of Gujarat] and elsewhere the area comprised in a district so formed excluding the are as of authorised municipalities, and cantonments;

    (10) "District School Board" means a school board constituted for a district under section 3;

    7 [10A) "Educational Inspector of the district" means the Educational Inspector appointed for a district or group of districts;]

    (11) "Municipal School Board" means a school board constituted for the area of an authorised municipality under section 3;

    (12) "Non-authorised Municipality" means a municipality other than an authorized municipality;

    (13) "Parent" includes a guardian or any person who has the custody of a child;

    (14) "Prescribed means Prescribed by the rules made under this Act;

    (15) "Primary Education" means education in such subjects and upto such standards, as may be determined by the 8[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 upto any standard is imparted;

    (18) 9[Board] of Primary Education" means the Board constituted under section 58;

    10 [(18A) "Private primary school" means a private primary school which is not maintained by the State Government or by a School Board or by an authorised municipality;]

    (19) "School Board" means a district school board or a municipal school board, as the case may be.

    Footnotes:

  17. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950

  18. These words, figures and letter were substituted for the portion beginning with the words "or which is" and ending with the words "in this behalf" by Guj. 24 of 1986, s. 2(1).

  19. These words were substituted for the words "the Director of Public Instruction" by Bom. 39 of 1951, s. 3, Second Schedule.

  20. The words "for...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT