(1) No person who is appointed as a head-master, a teacher or a member of nonteaching staff of a registered private secondary school 2[or registered private Higher Secondary School] shall be dismissed or removed or reduced in rank nor shall his service be otherwise terminated by the manager unitl—
(a) he has been given by the manager a reasonalbe 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 authorised 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 2[or registered Private Higher 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 therefor, shall be immediately communicated by the manager to an officer authorised 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 2[or registered Private Higher 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 authorised 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.
3[ * * * * * * *] 4[40A. Nothing contained in clause (26) of section 17, sections 34 and 35, and clause
(b) of sub-section (1) and sub-sections (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.]
1. Section 35 with margined note was substituted by Guj. 5 of 2014, Sch., Sr. No. 2 (3).
2. These words were inserted by Guj. 20 of 2013, Sch., Sr. No. 2 (2).
3. Section 38, 39 and 40 were deleted, ibid., Sch., Sr. No. 2 (3).
4. Section 40A was inserted by Guj. 25 of 1973, s. 2.
Guj. 5 of
2014.
1[Selection of teachers and head masters.
Dismissal, removal and reduction in rank of certain persons.
Certain contracts null and void.
Savings.
18 Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18
CHAPTER VII Offences and Penalties.