(1) With effect on and from the date on which the Board is constituted under section 3 for the first time (hereinafter referred to as “ the said date”) the Bombay Secondary School Certificate Examination Act, 1948 shall stand repealed and the Gujarat Secondary School Certificate Examination Board constituted thereunder (hereinafter in this section referred to as “ the dissolved Board”) shall stand dissolved and all members thereof shall vacate office.
First regulation.
Power of the Board to make by-laws.
Interpretation in case of doubts.
Bom.
XLIX of
1948.
Repeals and savings.
22 Gujarat Secondary and Higher Secondary Education Act, 1972 [ 1973 : Guj. 18
(2) Notwithstanding the repeal of the said Act–
(a) all property, movable and immovable, all rights and interest of whatever kind, and all powers and privileges of the dissolved Board shall on the said date stand transferred to the Board and shall without further assurance vest in the Board, and shall thereafter be applied to the objects and purposes for which the Board is constituted;
(b) all benefactions accepted or received by the dissolved Board shall be deemed to have been accepted or received by the Board under this Act and all conditions on which such benefactions were accepted or received shall be deemed to be valid under this Act, notwithstanding that such conditions are inconsistent with the provisions of this Act;
(c) any will, deed or other document made before the said date which contains any bequest, gift, terms or trust in favour of the dissolved Board shall on and from the said date, be construed as if the Board is named therein instead of the dissolved Board;
(d) all institutions recognised and admitted to the privileges of the dissolved Board immediately before the said date shall be deemed to be recognised and admitted to the privileges of the Board established under this Act, save in so far as such recognition or privileges may be withdrawn, restricted or modified by or under the provision of this Act;
(e) all debts, liabilities and obligations incurred before the said date and lawfully subsisting against the dissolved Board shall be discharged and satisfied by the Board;
(f) all references in any enactment or other instruments issued under any enactment to the dissolved Board shall be construed as references to the Board;
(g) all officers and servants of the State Government serving under the dissolved Board immediately before the said date may from the said date be taken over and employed by the Board for the purpose of this Act and they shall subject to such general or special orders as may be made by the State Government regarding their absorption and seniority continue to hold office on the same conditions of service as the changed circumstances may permit until such conditions are duly altered under this Act:
Provided that the conditions of service applicable immediately before the said date to any such officer or servant shall not be varied to his disadvantage except with the previous approval of the State Government.
58. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by general or special order published in the Official Gazette make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing the difficulty.
59. Each of the Acts specified in the second column of the Schedule shall be amended in the manner, and to the extent, specified against it in the third column thereof.
Power to remove difficulties.
Amendment of certain provisions of Acts relating to certain Universities in the State.
1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 23
SCHEDULE (See section 59) Serial Number 1 Short title 2 Extent of Amendment 3
1. The Maharaja Sayajirao University of Baroda Act, 1949 (Baroda Act 17 of 1949).
In section 44, in clause (i), for the words “conducted by the Secondary School Certificate Examination Board”, the words “conducted by the Gujarat Secondary Education Board”, shall be substituted.
2. The Gujarat University Act, 1949 (Bom. 50 of 1949).
In section 42, in clause (i), for the words “conducted by the Secondary School Certificate Examination Board” the words “conducted by the Gujarat Secondary Education Board” shall be substituted.
3. The Sardar Patel University Act, 1955 (Bom. 40 of 1955).
(1) In section 15, in paragraph (B), for caluse (xiii), the following clause shall be substituted, namely:– “(xiii) The Chairman of the Gujarat Secondary Education Board”.
(2) In section 33, in clause (i), for the words “conducted by the Secondary School Certificate Examination Board” the words “conducted by the Gujarat Secondary Education Board” shall be substituted.
4. The South Gujarat University Act, 1965 (Guj. 38 of 1965).
(1) In section 16, in paragraph (B), for caluse (vi), the following clause shall be substituted, namely :– “(vi) The Chairman of the Gujarat Secondary Education Board”.
(2) In section 43, for the words “ conducted by the Secondary School Certificate Examination Board” the words “conducted by the Gujarat Secondary Education Board” shall be substituted.
5. The Saurashtra University Act, 1965 (Guj. 39 of 1965).
(1) In section 16, in paragraph (B), for caluse (vi), the following caluse shall be substituted, namely :– “(vi) The Chairman of the Gujarat Secondary Education Board”.
(2) In section 43, for the words “conducted by the Secondary School Certificate Examination Board” the words “conducted by the Gujarat Secondary Education Board” shall be substituted.
-------------------- PRINTED AT THE GOVERNMENT PRESS, VADODARA.
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