The Gujarat State School Service Commission Act, 2013

Extra No. 5 REGISTERED No. L2/RNP/G/GNR/84 ctl~h c1ctl"t+t'1L. r.~ ~l. .aooo/- © tEbe clujarat clobernment ~a,ette 1?.YTR AODfiTN A RV .._,""-~ _._ ................ '-' ..... ~ ........... -...A.. .&..A.~ ..... PUBLISHED BY AUTHORITY Vol. LV] SATURDAY, JUNE 7, 2014/JYAISTHA 17, 1936 Separate paging is given to this Part in order th.at it may be filed as a Separate Compilation. PART IV Acts of Gujarat Legislature and Ordinances promulgated and ·Regulations made by the Governor. The following Act of the Gujarat Legislature, having been assented to by the Governor on the June, 2014 is hereby 6th published for general information. ARVIND AGARWAL, Principal Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. GU.JARAT ACT NO. 5 OF 2014. (First published, after having received the assent of the Governor, in the "Gujarat Government Gazette", on the 7th June, 2014). AN ACT to establish a State School Service Commission for recruitment of teachers and headmasters in the registered private Secondary and Higher Secondary Schools including Primary Schools receiving grants-in- aid from the State Government and for the matters connected therewith or incidental thereto. It is hereby enacted in the Sixty-fourth Year of the Republic oflndia as follows:- 1. (1) This Act may be called the Gujarat State School Service Commission Act, Short title, extent, 2013. commencement and application. (2) It extends to the whole of the State of Gujarat. (3) It shall apply to the Government-aided private Secondary, Higher Secondary and Primary Schools. (4) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. IV.Ex.,-5-1 5-1 5-2 GUJARAT GOVERNMENT GAZETTE, EX., 07-06-2014 [PART IV· Definitions. 2. In this Act, unless the context other wise requires, -- (1) (a) "Board" means the Gujarat Secondary and Higher Secondary Education Board established under the Gujarat Secondary and <;uj. 18of1973. Higher Secondary Education Act, 1972; . (b) "Chairman" means the Chairman of the Commission appointed under section 4; (c ) "Commission" means the Gujarat State School Service Commission constituted under section ~; (d) "headmaster" means the head of the teaching staff of a school .b y whatever name designated; (e) "higher secondary education" shall have the meaning as defined by clause (hh) of section 2 of the Gujarat Secondary Guj. 18 of 1973. and Higher Secondary Education Act, 1972; (/) "higher secondary school" shall have the meaning as defined ,. by clause (hhh) of section 2 of the Gujarat Secondary and Guj. 18of1973. Higher Secondary Education Act, 1972; (g) "member" means a member of the Commission and includes the Chairman; (h) "prescribed" means prescribed by rules made under section 16; (i) "primary edl1cation" shall have the meaning as defined by clause (15) of section 2 of the Gujarat Primary Education Act, Born. LXI of 1947. 1947; (j) "primary school" shall have the meaning as defined by clause (17) of section 2 of the Gujarat Primary Education Act, 194 7; Born. LXI of 1947. (k) "regulations" means the regulations of the Commission made under section I 7; (l) "school" means a recognised Government aided- (i) primary school or educational _institution or part or the department of such school or institution imparting instruction in primary education, or (ii) secondary school or educational institution or part or the · department of such school or institution imparting instruction in secondary education, or (iii) higher secondary school or educational institution (other than a college) or part or the department of such school or institution imparting instruction in higher secondary education; PART .IV] GUJARAT GOVERNMENT GAZETTE, EX., 07-06-2014 5-3 (m) "secondary education" shall have the meaning as defined by Guj.18 clause (u) of section 2. of the Gujarat Secondary and Higher of 1973. Secondary Education Act, 1972; (n) "secondary school" shall have the meaning as defined by clause (v) of section 2 of the Gujarat Secondary and Higher Secondary Guj.18 Education Act, 1972; of 1973. (o) "Secretary" means the Secretary of the Commission; (p) ''teacher" means an assistant teacher or any other person holding a teaching post in a school and includes the headmaster. (2) Words and expressions used but not defined in this Act shall have the Bom.LXI of meanings respectively assigned to them under the Gujarat Primary Education 1947. Guj.18 of Act, 1947 or the Gujarat Secondary and Higher Secondary Education Act, 1973. 1972. 3. ( 1) For the purpose of selection of persons to the posts of teachers and Constitution of Commission. ·headmasters in the grant-in-aid priv~+- .,~hools, the State Government shall, by notification in the Official Gazette, constitute a Commission by the name of the "Gujarat State School Service Commission" with effect from such date as it may specify in the notification. (2) · (i) The Commission shall consist of three members out of whom one shall be the Chairman. (ii) Of the three members as aforesaid, one shall be a person who; not being an educationist, occupies or has occupied, in the opinion of the State Government, a position of eminence in public life or in judicial or administrative service, and the remaining members shall have teaching experience, either as a teacher of a University or as a principal of a college for a period of not less than ten years, or as a teacher other than principal of a college, or as a headmaster, for a period of not less than fifteen years. 4. (1) (i) The Chairman and other members shall be appointed by the Appointment and terms ·and State Government. conditions of (ii) The Chairman and other members shall hold office for a term service ofa Chairman and of four years: members. Provided that a person who has held office of the Chairman or other . member shall, on the expiration of the term of his office, be eligible for further appointment as the Chairman or the member: Provided further that no person who has attained the age of sixty-two years shall be eligible to hold office as the Chairman or the member. 5-4 . GUJARAT GOVERNMENT GAZETTE, EX., 07-06-2014 [PART IV (2) If the office of the Chairman or any other member becomes vacant by reason of resignation or otherwise or if the Chairman is, by reason of absence or for any other reason, unable to perform the duties of his office, then, until a Chairman or other member is appointed under sub section (1) or until the Chairman or the member resumes his duties, as the case may be, the duties of the Chairman or the other member, as the case may be, shall be performed by such other member as the State Goverr.unent may appoint in this behalf. (3) The Chairman or any other member may resign his office by writing under his hand addressed to the State Government, but he shall continue in the office until the resignation is accepted by the State Government. ( 4) (i) The Chairman shall be a whole-time salaried officer and the other members shall be honorary. (ii) The salary of the Chairman and the honorarium of the other members shall be such as may be determined by the State Government. (iii) Subject to the foregoing provisions of this sub-section, the other terms and conditions of office of the Chairman and other members shall be such as may be prescribed. Disqualificati-Ons 5. The State Government may, after making an inquiry in such manner as may of member. be prescribed, remove the Chairman or any member from his office if he:--- (i) is adjudged insolvent; or (ii) is of unsound mind and stands so declared by the competent court; or (iii) is convicted of any offence which, in the opinion of the State Government involves moral turpitude; or (iv) is found guilty of misconduct in discharge of his duties; or (v) has become physically or mentally incapable of discharging duties as a Chairman or the member. Staff of 6. ( 1) The staff of the Commission shall consist of - Commission. (i) Secretary, who shall be appointed by the State Government, and (ii) such other employees as the Commission may, with the previous approval of the State Government, appoint. (2) The salary of the Secretary and other employees of the Commission shall be such as may be determined by the State Government. (3) The other terms and conditions of service--- (i) of the Secretary shall be such as may be prescribed, and (ii) of the other employees of the Commission shall be such .as may be provided for by regulations. PART IV] GUJARAT GOVERNMENT GAZEITE, EX., 07-06-2014 5-5 7. (1) Notwithstanding anything contained in any other law for the time Functions of being in force or in any contract, custom or usage to the contrary, it shall be. Commission. the duty of the Commission to select persons for appointment to the.p osts of teachers in schools. (2) It shall be the duty of the Commission to advise the State Government on such matters as may be referred to it by the State Government. 8. (1) The procedure for selection of persons for appointment to the posts Manner and of teachers shall be such as may be prescribed. scope.of f se 1e ct1on o person·s and (2) The manner in which the Commission shall conduct its business shall be procdedutreffor con uc o such as may be prescribed by regulations. business of · Commission. 9. (1) Notwithstanding anything contained in any other law for the time No being in force or in any contract, custom or usage to the contrary, no appointment of teachers appointment to the posts of teachers in a school shall be made by the except on \. managing committee, by whatever name called, except on the recommend- recommendation of the Comnlission. dation of Commission. (2) Any appointment of a teacher made on or after the commencement of this Act in contravention of the provisions of this Act shall be invalid and shall have no effect and the teacher so appointed shall not be a teacher within the meaning of clause (p) of section 2. 10. Notwithstanding anything contained in this Act, the terms and Protection of conditions of service of teachers of a school appointed immediately before the Teachers. commencement of this Act shall not be varied to the disadvantage of such teachers in so far as such terms and conditions relating to the appointment of such teachers to . the posts held by them immediately before the commencement of this Act. 11. The Commission may call for any record, report or other information Commission from any ~chool or the Board if, in its opinion, such record, report or other to call for m• 1.c:o rmat1• on i• s necessary fi o r e ffi i c1 . ent d. 1 . sc h a rge o f i . t s fun ct1 . 0ns, an d t h e sc h o o 1 records, etc. or the Board, as the case may be, shall furnish such record, report or other information to the Commission. 12. The Commission shall submit annually to the State Government a Report or report as to the activities carried out by it in performance of its duties and as Commission. soon as may be ·after the receipt of such report, the State Government shall cause a copy thereof to be laid before the State Legislature. 45of 13. The Chairman and other members and persons appointed under this Members, etc;,:. 1860. Act shall, while acting or purporting to act under this Act, or any rules or 0 be regulations made there under be deemed to be public servants within the ~':.v~:ts. meaning of section 21 of the Indian Penal Code. PART IV] · . GUJARAT GOVERNMENT GAZETTE, EX., 07-06-2014 5-7 (2) In particular, and without. prejudice to ·the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- the other terms and conditions of service of the employees of the Commission under clause (ii) of sub-section (3) of sectign 6; (ii) the manner for the conduct of business of the Commission under sub section (2) of section 8; (iii) any other matter which may be, or is required to be, prescribed by regulations. 18. In the performance of its functions under this Act, the Commission Power of State shall be bound by such directions on questions of policy as the State Government to give Government may give in writing to it from time to time in conformity with the directions. provisions of this Act. 19. (1) If any difficulty. arises in giving effect to the provisions of this Act, Power to the State Government may, by order published in the Official Gazette, make remove difficulties. such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:,, Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order inade under this section shall be laid as soon as may be after it is made before the State Legislature. 20. (1) If the State Government is of the opinion that the Commission has Dissolution failed to discharge its functions in accordance with the provisions of this Act, of Commission. the State Government may, by an order published in the Official Gazette, and stating the reasons therefore, dissolve the Commission with effect from such date as may be specified in the order. (2) Upon the dissolution of the Commission under sub-section (1), all the members of the Commission shall be deemed to have vacated their offices with effect from the date of such dissolution. (3) The State Government may, at any time after the ~issolution of the Commission '1Ilder sub-secticm (1), reconstitute the Commission in accordance with the provisions of this Act. 21. Each of the Acts specified in the second column of the Schedule shall Amendment of Bom.LXI be amended in the. manner and to the extent specified against it in the third of1974and column thereof. Guj.18of 1973. 5-8 GUJARAT GOVERNMENT GAZETIE, EX., 07-06-2014 [PART IV SCHEDULE Sr. Short title. Extent of Amendment. No. 1 2 3 1. The Gujarat Insertion of After section 23A, the following section shall Primary new section be inserted, namely:- 23Bin·Bom. Education Act, LXI of1947. I i947(Bom. LXI of I "23B. Notwithstanding 1947). Selection of anything contained in this Act, 1 teachers and headmasters the selection of teachers and in headmasters of registered Government aided Government aided private private primacy schools shall be made primary schools. by the Gujarat State School Service Commission constituted under section 3 of the Gujarat State School Guj. Sof ... 2014. .- Service Commission Act, of 2013.". 2. The Gujarat Amendment 1. In section 17, in clause (26), after the Secondary and of section 17 words "method of selection", the bracket ofGuj.18 of Higher 1973. and words "(except for headmasters and . Secondary teachers of registered Government aided Education Act, private secondary and higher secondary 1972 (Guj. 18 of 1973). schools)" shall be inserted. I Amendment 2. In section 34, in sub-section (2), after of section 34 the word "recruitment", the bracket and ofGuj.18 of 1973. words "(except for headmasters and teachers of registered Government aided private secondary and higher secondary schools)" shall be inserted. Substitution 3. For section 35, the following section of section 35 shall be substituted, namely:- ofGuj.18 of "35. The selection of 1973. Selection of teachers and headmasters of teachers and registered Government aided headmasters. private secondary and higher secondary schools shall be made by the Guj~at State School Service · Commission constituted under section 3 of the Gujarat State School Guj. 5 of 2014. Service Commission Act, of 2013.". Government Central Press, Gandhinagar.