*Orissa Education (Second Amendment) Act, 1991**
| [Orissa Act No. 5 of 1992] | [21st January, 1992] |
An Act further to Amend the Orissa Education Act, 1969.
Be it enacted by the Legislature of the State of Orissa in the Forty-second Year of the Republic of India as follows:-
* For the Bill, See Orissa Gazette Extraordinary, dated the 16th December, 1991 (No. 1509).
** [Received the assent of the Governor on the 21st January, 1992, first published tn at extraordinary issue of the Orissa Gazette, dated the 27th January, 1992]
1. Short title.- This Act may be called the Orissa Education (Second Amendment) Act, 1991.
2. Amendment of section 5.- In the Orissa Education Act, 1969 (Orissa Act 15 of 1969) (hereinafter referred to as the principal Act), in section 5,-
(a) after sub-section (2), the following sub-section shall be inserted, namely:-
"(2-a) A private educational institution, which is a High School, a Higher Secondary School or a College established prior to the commencement if the Orissa Education (Amendment) Act, 1989 (Orissa Act 15 of 1989) but not recognised in view of the limitations provided in sub-sections (2) and (5), may make an application to the prescribed authority, for approval, within sixty days from the date of commencement of the Orissa Education (Second Amendment) Act, 1991."
(b) in sub-section (3), for the word, brackets and figure "and (2)", the comma brackets, figures, word and letter, "(2) and (2-a)" shill be substituted; and
(c) after sub-section (5), the following sub-section shall be inserted, namely:-
"(5-a) Nothing contained in sub-section (5) shall debar the prescribed authority to make an order granting permission for, or approval, to the establishment of-
(i) a second High School in any area under a Grama Panchayat within which there is already a recognised High School; or
(ii) ??? Third Higher Secondary School or a Second College in a Block in which there are already two recognised Higher Secondary Schools, or, as the case may be, there is already one recognised College;
Where the Agency or the institution, as the esse may be Undertakes, by recording in writing in the application made under sub-section (1) or, as the case may be, sub-section (2-a) that the institution desired to be established or Already established, as the case may be shall be managed and maintained solely at the cost to be met out of it own resources without any claim for grant-in-aid from the State Government:
Provided that no such undertaking shall be necessary for establishment of any High School in an educationally backward district.
Explanation- The expression "educationally backward district" shall, for the purposes of this sub-section, mean a district in which the percentage of literacy is less than forty percent of the total population of the district as per the latest census".
3. Amendment of Section 6.- In the principal Act, in section 6, after sub-section (8), the following sub-section shall be inserted, namely:-
"(8-a) A private educational institution, the establishment of which has been permitted or approved by virtue of the provisions contained in sub-section (5-a) of section 5, shall be eligible for recognition if it fulfils the requirements provided by or under this Act but shall not be eligible for grant-in-aid from the State Government as admissible to aided educational institution) where such permission or approval, as the case may be, has been granted subject to the undertaking referred to in the said sub-section".