Chapter 6 Provisions Relating To Services In Registered Private Secondary Schools

34. (1)Fifteen percent of vacancies of the teaching staff of a registered private secondary school shall be filled up by persons belonging to the Scheduled Castes and the Scheduled Tribes :

Provided that where a person belonging to a Scheduled Caste or Scheduled Tribe is not available for filling any such vacancy, the vacancy shall be filled up as otherwise provided in this Act.

Explanation.-In this sub-section,-

(a) "Scheduled Castes" means such castes, races or tribes, or parts, of or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under article 341 of the Constitution of India.

(b) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Schedules Tribes in relation to the State of Gujarat under article 342 of the Constitution of India.

(2) Subject to sub-section (1), the Board shall by regulations regulate the recruitment and conditions of service including conduct and discipline of persons appointed as headmaster, teachers and members of non-teaching staff of registered private secondary schools in the State:

Provided that the conditions of service applicable immediately before the appointed day to the guaranteed staff shall not be varied to their disadvantage except with the previous approval of the State Government:

Provided further that it shall be lawful for any registered private secondary school imparting post basic education to make, with the previous approval of the Board, additional regulations, consistent with the basic nature and concept of posts basic education and not inconsistent with the regulations made by the Board for regulating the conditions of service of persons appointed as head-master, teachers and members of non-teaching staff of that school.

35. (1) For every registered private secondary school there shall be following two committees, namely:-

(a) a school staff selection committee for the purpose of recruiting the teaching staff of the school other than the head master,

(b) a special school committee for the purpose of recruiting the headmaster, and for the purpose of the initial recruitment of the headmaster and the teaching staff of a school started after the appointed day.

(2) The school staff selection committee shall consist of the following members, namely:-

(i) Two representatives of the management of the school to be nominated by the management;

(ii) The headmaster of the school;

(iii) In the case of a school the total number of teachers in which is more than six, two teachers to be elected by the teachers of the school from amongst themselves, and in the case of a school the total number of teachers in which is or is less than six, one teacher to be elected by the teachers of the school from amongst themselves and

(iv) One representative of the Board to be nominated by the Board.

(3) The special school committee shall consist of the following members, namely:-

(i) Two representatives of the management of the school to be nominated by the management.

(ii) Two representatives of the Board to be nominated by the Board.

(4) Subject to the provisions of sub-section (7) of section 34, the school staff selection committee or, as the case may be, the special school committee shall select persons for appointment as teachers of the school from amongst the persons 1[who are qualified to be appointed as such in accordance with the regulation made in this behalf:

Provided that for the purpose of such selection preference shall be given to a protected teacher, if he is otherwise eligible.

(5) The special school committee shall select persons for appointment to the post of headmaster of the school from amongst persons referred to in subsection (4) or from amongst the teachers in the school :

Provided that for the purpose of such selection, preference shall be given to a senior teacher 2 [serving in the school or schools under the same management], if he is otherwise eligible and suitable.

1. These words were substituted for the words, brackets and figures, "whose names appear in any of the registers prepared and maintained by the Board under clauses (13) and (14) of section 17 by Guj. 32 of 1978, s. 4 (1).

2. These words were substituted for the words "serving in the school", bid., s. 4(2).

(6) Whenever the persons from amongst whom a teacher or a headmaster is to be selected includes a person who is related to any member of the governing body or other body in charge of the management of the school or to any member of the school staff selection committee or, as the case may be, the special school committee, the member concerned of such committee, shall disclose the fact of such relationship to the members of the Committee and if any such person is selected by the Committee, his selection shall be subject to approval by an officer of the Board authorized in that behalf, Such approval shall be sought by the Committee within a week from the date of selection of the persons concerned and the authorized officer of the Board shall communicate his decision within fifteen days from the date of receipt of the reference by him.

(7) Any appointment of a head master or a teacher made in contravention of the provisions of this section shall be ineffective.

Explanation.-For the purpose of sub-section (6), a person shall be said to be related to a member if he is related to him in any of the following capacities, namely:-

Son, grandson, son-in-low, brother, daughter, grand-daughter, wife, nephew, first cousin (paternal or maternal), wife's brother, sister's husband, husband, husband's brother, husband's sister, wife's sister, daughter-in-law, and sister-in-law.

36. (1) No person who is appointed as a head-master, a teacher or a member of non-teaching staff of a registered private secondary school shall be dismissed or removed or reduced in rank nor shall his service be otherwise terminated by the manager until-

(a) he had been given by the manager a reasonable opportunity of showing cause against the action proposed to be taken in regard to him, and

(b) the action proposed to be taken in regard to him, has been approved in writing by an officer authorized in this behalf by the Board :Provided that nothing in this sub-section shall apply to any person who is appointed for a temporary period only.

(2) The officer referred to in clause (b) of sub-section (1) shall communicate his decision within a period of forty-five days, from the date of receipt by him of the proposal under the said clause (b) and if such decision is not communicated to the manager by the said officer within such period the action proposed to be taken under the said clause (b) shall be deemed to have been approved by the said officer.

(3) Where a head master, a teacher or a member of non-teaching staff of a registered private secondary school is suspended by the manager of the school pending any inquiry proposed to be held against him, the fact of such suspension together with the grounds therefore, shall be immediately communicated by the manager to an officer authorized in this behalf by the Board, and such suspension shall be subject to ratification by the said officer within a period of forty-five days from the date of the receipt of the communication in this behalf by such officer and if such ratification is not communicated to the manager by the said officer within such period, the suspension under reference shall cease to have effect on the expiry of such period.

(4) Where a head master, a teacher or a member of the non-teaching staff of a registered private secondary school desires to submit his resignation, the resignation shall be tendered by him in person to the District Education Officer concerned and shall not be accepted by the manager unless it is so tendered and forwarded to him by such officer duly endorsed. The acceptance of any such resignation tendered in contravention of this sub-section shall be ineffective.

(5) Any person aggrieved by an order of the authorised officer under clause (b) of sub-section (1) may make an appeal to the Tribunal within a period of thirty days from the date of the decision of the authorized officer.

37. Every contract between a registered private secondary school and a person in service of such school as a headmaster, a teacher or a member of non-teaching staff, whether made before or after the appointed day shall, to the extent that it takes away any right conferred on such person by or under this Act, be null and void.

38. (1) Where there is any dispute or difference between the manager of a registered private secondary school and any person in service of such school as head-master, a teacher or a member of non-teaching staff, which is connected with the conditions of service of such person, the manager or, as the case may be, the person may make an application to the Tribunal for the decision of the dispute.

(2) As from the appointed day the State Government or any officer of the State Government shall have no jurisdiction to decide any dispute of the nature referred to in sub-section (1) and any such dispute pending before the State Government or any officer of the State Government immediately before the appointed day shall, as soon as may be, after the appointed day, be transferred to the Tribunal for its decision.

39. (1) There shall be constituted by the State Government by an order published in the Official Gazette one or more Tribunals for the purposes of this Act.

(2) A Tribunal shall have jurisdiction in the whole of the State Government of a city having a population exceeding two lacs as ascertained at the last preceding census of which the relevant figures have been published or in respect of a district or group of districts as may be specified in the order.

(3) The State Government shall appoint a District Judge or a person who has been or is qualified to be a judge of a High Court or a District Judge to be the Tribunal.

(4) It shall be the duty of the Tribunal to entertain and decide disputes of the nature referred to in sub-section (1) of section 38 and to deal with and decide all applications and proceedings made or transferred to it under the said section 38 or under sub-section (2) of section 40 and also to entertain and decide appeals made under sub-section (5) of section 36.

(5) The Tribunal shall follow such procedure as the State Government may by general order direct.

(6) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely :-

(a) enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents and material objects ;

(c) issuing commissions for the examination of witnesses ;

(d) such other matters as may be prescribed ;and every inquiry or investigation by the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.

(7) The Tribunal shall be deemed to be a court for the purpose of section 5 of the Limitation Act, 1963.

(8) The decision of the Tribunal shall be final, and no suit shall be in any civil court in respect of the matters decided by it.

(9) Where any order of dismissal, removal or reduction in rank of a head-master, a teacher or a member of the non-teaching staff of a registered private secondary school is decided by the Tribunal to be wrong, unlawful or otherwise unjustified, the Tribunal may pass an order directing that the head master, the teacher or, as the case may be, the member of the non-teaching staff concerned shall be reinstated in service, or as the case may be, restored to the rank which be held immediately before his reduction in rank, by the manager, and the manager shall forthwith comply with such direction.

40. (1) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Tribunal.

(2) All suits and proceedings between the manager of a registered private secondary school and any person in service of such school as a head-master, a teacher or a member of non-teaching staff relating to disputes connected with the conditions of service of such person, which are pending in any civil court on the appointed day shall be transferred to and continued before the Tribunal:

Provided that nothing in this sub-section shall apply to execution proceedings as appeals arising out of decrees or orders passed by any such court before the appointed day and such execution proceeding and appeal shall be decided and disposed of as if this Act had not been passed.

1 [40A. Nothing contained in clause (23) of section 17, sections 34 and 35, and clause (b) of sub-section (1) and sub-section(2), (3), (4) and (5) of section 36 shall apply to any educational institutions established and administered by a minority, whether based on religion or language.]