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Goa act 001 of 1990 : Goa School Education (Amendment) Act, 1989

Preamble

[Goa Act No. 1 of 1990][7th March, 1990]

An Act further to amend the Goa, Daman and Diu School Education Act, 1984.

Be it enacted by the Legislative Assembly of Goa in the Fortieth Year of the Republic of India as follows:-

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Goa School Education (Amendment) Act, 1989.

(2) It shall come into force at once.

Section 2. Amendment of section 4

2. Amendment of section 4.- In the Goa, Daman and Diu School Education Act, 1984 (Act 15 of 1985) (hereinafter referred to as the "principal Act"), for sub-section (2) of section 4, the following sub-section shall be substituted, namely:-

"(2) The Government may establish and maintain any school in the State or may permit any Society or Trust or local authority to establish and maintain any school in the State, subject, to compliance with the provisions of this Act and the rules made thereunder.".

Section 3. Amendment of section 11

3. Amendment of section 11.- In section 11 of the principal Act,-

(i) For sub-section (2), the following sub-sections shall be substituted, namely:-

"(2) Subject to any rules that may be made in this behalf, no employee of an aided school shall be dismissed, removed, reduced in rank, compulsorily retired or his service otherwise terminated, except with the prior approval of the Director.

(2a) Where the managing committee of an unaided minority school is satisfied that immediate action against an employee of unaided minority school is necessary by reason of the gross misconduct within the meaning of the Code of Conduct prescribed under section 12, of the employee, it may dismiss, remove, reduce in rank, compulsorily retire or otherwise terminate his service and shall intimate the action taken by it to the Director within fifteen days from the date of the action so taken.";

(ii) For sub-section (4), the following sub-sections shall be substituted, namely:-

"(4) Where the intention to suspend or the immediate suspension of an employee is communicated to the Director, he may, if he is satisfied after hearing both the parties that there are adequate and reasonable grounds for such suspension, accord his approval to such suspension.

(4a) Where an employee is suspended in violation of sub-sections (3) and (4), or the rules made thereunder, the Director may direct for revocation of the order of suspension.";

(iii) sub-scctions (5) and (6) shall be omitted.

Section 4. Amendment of section 14

4. Amendment of section 14.- Section 14 of the principal Act shall be omitted.

Section 5. Amendment of section 22

5. Amendment of section 22.- In section 22 of the principal Act, for clause (e) of sub-section (1), the following clause shall be substituted, namely:-

"(e) dismissing, removing from service any employee or reducing him in rank or retiring him compulsorily or otherwise terminating his services under sub-sections (2), (2a); (4) and (4a) as the case may be, of section 11;".

Section 6. Amendment of section 23

6. Amendment of section 23.- In sub-section (1) of section 23 of the principal Act, the proviso shall be omitted.

Section 7. Amendment of section 24

7. Amendment of section 24.- In section 24 of the principal Act, for sub-section (3), the following sub-scction shall be substituted, namely:-

"(3) The Minister for Education shall be the Chairman of the Advisory Board and the Members referred to in clauses (b), (c), (d), (f), (h), (i) and (j) of sub-section

(2) shall be nominated by the Government".