Chapter-1 Preliminary

1. (1) This Act may be called the Gujarat Secondary Education Act, 1972. (2) It extends to the whole of the State of Gujarat.

(3) This section shall come into force at once; and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires :-
(a) "appointed day" means the date on which the remaining provisions of this Act come into force under sub-section (3) of section 1;

(b) "Board" means the Gujarat Secondary Education Board established under section 3;

(c) "by-laws" means by-laws made by the Board under section 55;

(d) "Chairman" means the Chairman of the Board;

(e) "Committee" means a Committee appointed under section 18;

(f ) "Deputy Chairman" means the Deputy Chairman of the Board;

(g) "guaranteed staff' means the staff comprising teachers and members of the non-teaching staff, the terms and conditions of whose service in a Government secondary school are, on their transfer to a private secondary school, guaranteed by the State Government;

1 For Statement of Objects and Reasons see Gujarat Government Gazette, Extraordinary, Part V, dated 10th August, 1972, page 241, and for the Report of the Select Committee, see Gujarat Government Gazette, Extraordinary, Part V, dated 8th January, 1973, page 2.

*This Act was assented to by the President on the 28th September, 1973.

(h) "headmaster" means the head of the teaching non-teaching staff of a secondary school by whatever style designated;

(i) "hostel" means a unit of residence of students maintained by a registered school;

(k) "non-teaching staff" means such staff of a registered school, as is appointed to perform any duty or function other than that of teaching;

(l) "post basic education" means secondary education imparted through a productive craft;

(m) "post basic school" means a school imparting post basic education;

(n) "prescribed" means prescribed by regulations;

(o) "private secondary school" means a secondary school which is not owned, managed or sponsored by the Central or State Government;

(p) "protected teacher" means a person who before 29th March, 1965 taught in any school any subject in any of the standard fifth to seventh which before the said date formed part of secondary education, and who continues to teach in a school any subject in any of such standards which after the said date form part of primary education and whose rights in relation to pay and pay-scales are protected under an order of the State Government;

(q) "recognized school" means a secondary school or a post basic school recognized by the Director of Education, Gujarat State, or an officer authorized by him in this behalf or, a high school registered by any University;

(r) "register" means the Register of Secondary Schools for the State of Gujarat prepared and maintained under this Act;

(s) "registered school" means a secondary school or a post basic school registered by the Board under section 31;

(t) "regulations" means regulations made under section 53 or 54;

(u) "secondary education" means education, including post basic education, in such subjects from eighth standard 1 [upto such
standard, not being higher than the eleventh standard] as may, by general or special order from time to time, be determined by the State Government;

(v) "secondary school" means a school imparting secondary education;

(w) "Secondary School Certificate Examination" means the examinations of the students in the last standard determined under clause

(u) and the standard upto which education shall be considered to be secondary education.2 [and where the standard determined under clause (u) is a standard other than the eleventh standard, includes examinations in the eleventh standard, of the students who have attended schools in that standard in any school year prior to the school year of 1976-77. Explanation.-for the purposes of this clause, "school year" means an academic year commencing ordinarily in the month of June]. 1. These words were substituted for the words "up to such standard" by Guj. 32 of 1978, s. 2(i). 2. This portion and the explanation were added, ibid, s. 2 (ii).

(x) "teacher" means a teacher of a registered school but does not include a headmaster;

(y) "Tribunal" means Tribunal constituted under section 39;

(z) "University" means a University established by any law in the State of Gujarat; (a) the expression "primary education" shall have the meaning assigned to it in the Gujarat Compulsory Primary Education Act, 1961 and the Bombay Primary Education Act, 1947.