(1) The members of the Board other than 2[ ex-officio members and nominated members] shall hold office for a term of three years from the date on which their names are published in the Official Gazette:
Provided that the State Government may, from time to time, by notification in the Official Gazette having regard to special circumstances to be specified therein, extend such term for such period as may be specified therein, so however, that the period of extension shall not exceed one year in the aggregate.
(2) Notwithstanding anything contained in sub-section (1) the members nominated by the State Government on the Board constituted for the first time after the appointed day, shall hold office for such term not exceeding two years from that date on which the names of the members of the Board so constituted are published in the Official Gazette as may be determined by the State Government:
Provided that the State Government may, from time to time extend the period so determined so however that the period for which such members may hold office shall not exceed two years in the aggregate:
Provided further that the term of out going members referred to in sub-sections (1) and (2) shall extend to, and expire with the day immediately preceding the date on which the names of their successors are published in the Official Gazette.
7. Where a temporary vacancy in the office of the Chairman or Deputy Chairman occurs, by reason of leave or illness of the incumbent of that office or due to any other cause, the State Government may appoint another person to be the Chairman or as the case may be, the Deputy Chairman during the period of such vacancy on such salary, or as the case may be honorarium, allowances and other conditions of service as may be determined by the State Government.
8. A person shall be disqualified for being appoited or for continuing, as Chairman or Deputy Chairman, or for being elected or nominated or for continuing as a member of the Board or for being appointed as, or for being or continuing, as a member of any committee appointed under this Act—
(a) if he directly or indirectly by himself or his partner,
(i) has or had any share or interest in any guide-book published in connection with any text book prescribed for the 3[ Secondary School Certificate Examination, the Higher Secondary School Certificate Examination] or any other examination as may be decided upon by the Board or entrusted to the Board by the State Government; or
(ii) has any share or interest in any work done by order of or in any contract entered into by or on behalf of the Board :
1. Section 5 with marginal note was substituted by Guj. 1 of 1999, s.3, Sch., Sr. No. 10 (1).
2. These words were substituted for the word “ex-officio member”, ibid., s. 3, Sch., Sr. No. 10 (2).
3. These words were substituted for the words “Secondary School Certificate Examination” by Guj. 14 of 2002, s. 6.
Headquarters of Board.
1[Term of office and conditions of service of Chairman, Deputy Chairman and nominated members.
Term of office of members of Board.
Temporary vacancy of Chairman and Deputy Chairman.
Disqualifications of Chairman, Deputy Chairman and members of Board.
1973 : Guj. 18] Gujarat Secondary and Higher Secondary Education Act, 1972 7
Provided that a person who had any share or interest in any guide-book referred to in sub-clause (i) shall not be deemed to have incurred the disqualification under that sub-clause, if five years have elapsed from the date of publication of such guide book;
(b) if he is a person against whom an order of removal from office has been made under sub-section (1) of section 14 and five years have not elapsed from the date of his removal from office;
(c) if he —
(i) has been adjudged by a Court of law to be of unsound mind;
(ii) is an undischard insolvent;
(iii) has been convicted by a court of law for an offence involving moral turpitude.
9. If a member of the Board or any Committee becomes subject to any of the disqualification mentioned in section 8, his office shall there upon become vacant.
10. If a member elected or nominated on the Board remains absent without the permission of the Chairman from any three consecutive meetings thereof, his office shall thereupon become vacant.
11. If any question arises as to whether the office of any member has become vacant under section 9 or 10, the question shall be referred for the decision of the State Government. The State Government shall, after giving reasonable opportunity to be heard to the member, decide the question and its decision shall be final.
12. Any vacancy under section 9 or 10 shall be notified by the Board in the Official Gazette.