Meghalaya act 016 of 1981 : The Meghalaya School Education Act 1981 (Act No.16 of 1981)

Chapter I

PRELIMINARY

Chapter II

ESTABLISHMENT, RECOGNITION MANAGE- MENT OF, AND AID TO SCHOOL.

Chapter III

School Property

CHAPTER IV

Terms and conditions of service of employees of recognized private schools.

Chapter V

PROVISIONS APPLICABLE TO UNAIDED MINORITY SCHOOLS,

Chapter VI

ADMISSION TO SCHOOL AND FEES

Chapter VII

Taking over the management of Schools

Chapter VIII

MISCELLANEOUS

Section 1.Short title Extent and commencement

(1) This Act may be called the Meghalaya School Education Act, 1981.

(2) It extends and applies to the whole of the State of Meghalaya:

Provision that this Act shall not apply to Primary Schools and Primary Education within the areas of the Autonomous Districts.

(3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas or provisions of this Act, and any reference to the commencement of the Act in relation to any area of provision thereof shall be construed as reference to the date on which the Act is extended to that area or any provision of the Act comes into force.

Section 2.Application of the Act to Primary School and Primary Education in Autonomous Districts.

Notwithstanding anything contained in Section 1, or any other law for the time being in force, the State Government may, on the recommendation of the District Council, apply this Act to Primary Schools and Primary Education in the Autonomous District concerned.

Section 3.Definition

In this Act, unless the context otherwise require:-

(i) Aid or Grant-in-aid means any sum of money paid by the State Government to any educational institution;

(ii) Aid School means a recognised private school which receives aid in the form of maintenance and/pr development grant from the State Government or any other authority designated by the State Government;

(iii) Appropriate Authority means the Director of Public Instruction or any other officer authorised by the Government in this behalf;

(iv) Competent Authority means any person, officer or authority authorised by the Government, by notification, to perform the function of the competent authority under this Act for such area or in relation to such class of educational institution as may be specified in the notification;

(v) Constitution means the Constitution of India;

(vi) Director means the Director of Public Instruction of Meghalaya or any other officer authorised by the Government to perform all or any of the function of the Director under this Act;

(vii) Employees means a teacher and every employee working in a recognised school;

(viii) Existing Employee means an employee of an existing school who is employed in such school immediately before the commencement of this Act, and includes an employee who has been employed in such school for a period of not less than twelve months prior to the commencement of this Act;

(ix) Existing School means a recognised private school which is in existence at the commencement of this Act;

(x) Educational Institution means a recognised school or an institution (including boarding home or hostel or all other premises attached to it), other than a school or an institution imparting religious education only, by whatever name called, the management of which carries on, either exclusively or among other activities, the activity of imparting education therein;

(xi) Government means the Government of the State of Meghalaya;

(xii) Head of School means the principal academic officer, by whatever name called of a recognised school;

(xiii) Inspection includes the scrutiny of records, and registers in regard to buildings, libraries, laboratories, playgrounds and other allied matters and overall appraisal of the educational institution and its functionaries It also includes supervision and examination of academic work, discipline and except in the case of a minority school of internal administration of the institution;

(xiv) Managing Committee means the body of individuals who are entrusted with the management of any recognised private school;

(xv) Minority School means schools established and administered by a minority having the right to do so under Clause (1) of Article 30 of the Constitution;

(xvi) Prescribed means prescribed by Rules made under this Act;

(xvii) Prescribed Authority means any authority prescribed by rules made under this Act;

(xviii) Private School means a school which is not run by the Central Government, State Government, a District Council or any other authority designated or sponsored by the State Government;

(xix) Public Examination means an examination conducted by the Meghalaya Board of School Education, Council for Indian School Certificate Examination or any other Board/Body recognised or which may be recognised by the Government or any other officer authorised by the Government in this behalf;

(xx) Recognised School means a school recognised by the appropriate authority;

(xxi) School includes pre-primary, primary, middle and high school, or any institution which imparts technical or vocational education or training up to certificate or diploma level;

(xxii) School Property means all movable and immovable property belonging to, or in the possession of the School and all other rights and interest in, or arising out of such property and includes land, buildings, and its appurtenances, playgrounds, hostels, furniture; books, apparatus , maps, equipments, utensils, cash, reserve funds, investments and bank balances.

(xxiii) Teacher includes the Head of School;

(xxiv) Unused Minority School means a recognised minority school which does not receive any aid.

Section 4.Power of the Government to regulate education in schools.

(1) The Government may subject to the provisions of clause (1) of Article 30 of the Constitution, regulate education in all the schools in Meghalaya in accordance with the provisions of this Act and the rules made thereunder.

(2) The Government may establish and maintain any schools in Meghalaya, may permit any person or authority to establish and maintain any school in Meghalaya, subject to compliance with the provision, of this Act and the rules made thereunder.

(3) On and from the commencement of this Act, the establishment of a new school or the closing down of an existing school or the opening of a higher class or the closing down of an existing, class in any existing school shall be subject to the provisions of this Act and the rules made thereunder.

Section 5.Recognition of Schools.

(1) Every application for recognition shall be addressed to the appropriate authority in such form and manner as may be prescribed.

(2) No recognition shall be given by the appropriate authority unless.

(a) the Institution has adequate financial provision for continued and efficient maintenance of the Institution regarding payment of salary and allowances to its employees, as prescribed;

(b) the area has the need for providing educational facilities to the people in the locality;

(d) the Institution has teachers with prescribed qualifications;

(e) the Institution has the prescribed facilities for physical education, library service, laboratory work, workshop practice or co-curricular activities; and

(f) the Institution satisfies the other requirements laid down by this Act and the rules and orders made thereunder.

(3) Every application under this Section shall be considered by the appropriate authority and the decision thereon shall be communicated to the applicant within a period of four months from the date of receipt of the application and in case recognition is not granted the reasons thereof also shall be communicated to the applicant within the said period.

(4) Any person aggrieved by any decision under sub-section (3) may, within thirty days from the date the decision is communicated to him, appeal against such decision to the prescribed authority in the prescribed manner and the decision of the prescribed authority thereon shall be final;

Provided that the prescribed authority may, if it is satisfied that the appellant was prevented by sufficient cause form preferring the appeal within the said period of thirty days, extend for reasons to be recorded by it in writing, the said period by a further period sixty days.

(5) Where a school obtains recognition by fraud, misrepresentation or suppression of material particulars or where, after obtaining recognition, the school fails to continue to comply with any of the conditions specified in sub-sections (2), the appropriate authority may, after giving the managing committee of the school one months notice to show cause against the proposed action, withdraw the recognition.

(6) The recognition granted under this Act, shall not, by itself, entitle, entitle any school to, receive aid.

(7) Every existing recognised school shall be deemed to have been recognised under this Act and shall be subject to the provisions of this act and the rules made thereunder;

Provided that where any such school does not satisfy any of the conditions specified in sub-section (2), the appropriated authority may require the school to satisfy such conditions within a specified period and if such conditions are not satisfied, recognition may be withdrawn from such school.

(8) Every school whose any such school does not satisfy any of the conditions specified in sub-section (7), may appeal, within one month from the date of communication of the order of withdrawal of recognition, to the prescribed authority, who shall dispose of the appeal within six months from the date of presentation of the appeal in such manner as may be prescribed, and if the appeal is not disposed of within that period, the order for the withdrawal of recognition shall, on the expiry of the said period of six months, stand cancelled.

(9) The appellate authority under sub-section (4) or sub- section (8) may, after giving the appellant a reasonable opportunity of being heard, pass such order as it may deem fit and proper.

Section 6.Scheme of management.

(1) Notwithstanding anything contained in any other law for the time being in force or in any instrument having effect by virtue of any such law the managing committee of every recognised school shall make, in accordance with the rules made under this Act and with the previous approval of the appropriate authority a scheme of management for such school:

Provided that in the case of a recognised private school which does not receive any aid, the scheme of management shall apply with such variations and modifications as may be prescribed:

Provided further that so much of this sub-section as relates to the previous approval of the appropriate authority, and the particulars of the scheme of management shall not apply in the case of minority school.

(2) A scheme may be made, in like manner, to add to, vary or modify any scheme made under sub-section (1).

Section 7.Aid to recognised schools.

(1) The State Government may, subject to such conditions and in such manner as may be prescribed pay to the Director, for distribution of aid to recognised private schools, such sum of money Government may consider necessary:

Provided that no existing school, receiving aid immediately before the commencement of this Act, shall be eligible for the continuance of such aid unless it complies, within such period as may be specified by the Director, with conditions specified in the proviso to sub-section (2) of section 5.

(2) The authority competent to grant the aid may stop, reduce or suspend aid for violation of any of the conditions governing such aid, as prescribed.

(3) The aid may cover such part of the expenditure of the school as may be prescribed.

(4) No payment, out of the aid given for salary, allowances and provident fund of the employees of the school, shall be made for any other purpose.

(5) No aid shall be given to a school the management of which has been taken over under section 20.

(6) No unrecognised school shall be eligible to receive any aid or other financial assistance from the Government.

Section 8.Aid to recognised schools.

(1) On and from the commencement of this act, the management of every aided school shall furnish to the appropriate authority annually, a statement containing a list of school property together with such particulars as may be prescribed.

(2) Without prejudice to the generally of the provisions contained in any other law for the time being in force, no transfer, mortgage or lease of any movable or immovable property of an aided school, not being the property specified in the rules, shall be made except with the previous permission of the appropriate authority:

Provided that such movable or immovable property was acquired, constructed or development with financial assistance received from the Government:

Provided further that where the appropriate authority omits or fails to dispose of the application for such permission within sixty days from the date of receipt of the application in this behalf, the permission shall, on the expiry of the said period of sixty days, be deemed to have been granted.

(3) Any person aggrieved by the grant or refusal of permission under sub-section (2) may prefer, in such form and within such time as may be prescribed, appeal to the prescribed authority against such grant or refusal of permission and the decision of the said authority shall be final.

(4) Any transaction made in contravention of the provisions of sub-section (2) shall be void.

Section 9.Terms and conditions of service of employees of recognised private schools.

(1) The State Government may make rules regulating the minimum qualifications for recruitment and the conditions of services of employees of recognised schools;

Provided that neither the salary nor the service conditions of any employee in the employment of an existing recognised school at the commencement of this Act shall be varied to the disadvantage of such employee.

(2) Subject to any rule that may be made in this behalf no employee of a recognised private school shall be dismissed removed or reduced in rank nor shall his service be order wise terminated except with the prior approval of the competent authority.

(3) Any employees of a recognised private school who is dismissed, removal or reduced in rank may, within three months from the date of communication to him of the order of such dismissal, removal or reduction in rank, appeal against such order to the prescribed authority.

(4) Where the managing committee of recognised private school intends to suspend any of its employees, such intention shall be communicated to the competent authority and no such suspension shall be made except with the prior approval of the competent authority:

Provided that the managing committees may suspend an employee with immediate effect and without the prior approval of the competent authority if it is satisfied that such immediate suspension is necessary by reason of gross misconduct, within the meaning of the Code of Conduct prescribed under the section 10 of the Act;

Provided further that no such immediate suspension shall remain in force for more than period of thirty days from the date of suspension unless it has been communicated to the competent authority and approved by it before the expiry of the said period.

(5) Nothing contained in sub-sections (2), (3) and (4) shall apply in the case of a minority school.

(6) Where the intention to suspend or the immediate suspension of any employee is communicated to the competent authority, it may, if it is satisfied that there are adequate and reasonable grounds for such suspension, accord its approval to such suspension.

Section 10.Employees to be governed by the Code of Conduct.

Every employee of a recognised school shall be governed by such Code of Conduct as may be prescribed and on the violation of any provision of such Code of Conduct as may be prescribed and on the violation of any provision of such Code of Conduct, the employee shall be liable to such disciplinary action as may be prescribed.

Section 11.Salaries of employees

(1) The scale of pay and allowances and other prescribed benefits of the employees of a recognised private school shall be determined by the State Government by general or special order issue from time to time in this behalf.

(2) The managing committee of every aided school shall deposit its share towards pay and allowances and other prescribed benefits with the prescribed authority in such manner and within such time as may be prescribed, and the prescribed authority shall disburse, or cause to be disbursed, within the first week of every month, the salaries and allowances to the employees of the aided schools.

Section 12.Chapter not to apply to unaided minority schools

Nothing contained in this chapter shall apply to unaided minority schools.

Section 13.Power to prescribe minimum qualifications for recruitments.

The Government may make rules regulating minimum qualifications for teachers of unaided minority schools: Provided that no qualification shall be verified to the disadvantage of an existing employee of such school.

Section 14.Power to prescribe code of conducts.

Every employee of an unaided minority school shall be governed by such Code of Conduct as may be prescribed. Provided that such a Code of Conduct shall not infringe upon the distinctive character or interfere with the management of unaided minority schools.

Section 15.Contract of service.

(1) The managing committee of every unaided minority school shall enter into a contract of service with every employee of such school:

Provided that if, at the commencement of this Act, there is no contract of service in relation to any existing employee of an unaided minority school the managing committee of such school shall enter into such contract within a period of three months from such commencements;

Provided further that no contract referred to in the foregoing proviso shall vary to the disadvantage of any existing employee the term of any contract between him and the school subsisting at the commencement of this Act.

(2) Every contract of service referred to in sub-section (1), shall be forwarded by the managing committee of the concerned unaided minority school to the Director for record in such manner as may be prescribed.

(3) Every contract of service referred to in sub-section (1) may provide for the following matters namely:-

(a) the terms and conditions of service of the employee including the scale of pay and other allowances to which the employee shall be entitled;

(b) the leave of absence, age of retirements pension and gratuity or contributory provident fund in lieu of pension and gratuity, and medical and other benefit to which the employee shall be entitled;

(c) the penalties which may be imposed on the employee for the violation of any code of conduct or the breach of any term of the contract entered into by him.

(d) the manner in which disciplinary proceeding in relation to the employee shall be conducted and the procedure which shall be followed before any employee is dismissed, removed from service or reduced in rank;

(e) arbitration of any dispute arising out of any breach of contract between the employee and the managing committee, and

(f) any other matter which, in the opinion of the managing committee, ought to be or may be specified in such contract.

Section 16.Admission to recognised school

(1) A child who has not attained the age of six years, shall not be admission to Class I, or an equivalent class or any class higher than class I, in a recognised school.

(2) A student seeking admission for the first time in a recognised school in a class higher than class I, shall not be admitted to that class if his age reduced by the number of years of normal study between that class and class I or an equivalent class, falls short of six years.

(3) Admission to a recognised school or to any class thereof shall be regulated by rules as may be described.

Section 17.Fees and other Charges.

(1) No aided school shall levy any fee or collect any other charge or receive any other payment except those as may be prescribed including those listed under Section 18 of the Act.

(2) Every aided school having different rates of fees or other charges or different funds shall obtain prior approval of the prescribed authority before levying such fees or collecting such charges or creating such funds.

(3) The managing committee of every recognised school shall, before the commencement of each academic session, file with the appropriate authority a full statement of the fees to be prescribed and levied by such school during the ensuing academic session, and except with the prior approval of the Director, no such school shall charge, during that academic session any fee in excess of the fee so prescribed.

Section 18.School Fund

(1) In every aided school, there shall be a fund, to be called the School fund and there shall be credited thereto-

(a) any aid granted by the Government;

(b) income accruing to the school by way of fees, charges or other payments; and

(2) The School Fund and all other funds, established with the approval of the Director, shall be accounted for and operated in accordance with the rules as may be prescribed.

(3) In every recognised unaided school, not being a minority school there shall be a fund to be called the Recognised Unaided School Fund and there shall be credited thereto income accruing to the school by way of-

(a) fees;

(b) any charges and payments which may be realised by the school for other specific purposes; and

(4) (a) Income derived by recognised unaided schools by way of fees shall be utilised only for such educational purposes as may be prescribed, and

(b) charges and payments realised and all other contributions, endowments and gifts received by the school shall be utilised only for the specific purpose for which they were realised or received.

(5) The managing committee of every aided school shall file every year with the appropriate authority such financial and other returns as may be prescribed, and every such return shall be audited by such authority as may be prescribed.

Section 19.Affiliations

(1) For the purpose of any public examination every recognised high school shall be affiliated to one or more of the Boards or Councils conducting such examination and shall fulfil the conditions specified by the Board or Council in this behalf.

(2) The students of every recognised high school, middle school and primary school shall be prepared for, and presented to the public examination or such other form of evaluation, as may be held by recognised Boards or Councils conducting such examinations, or by the Director, or by such authority as may be approved by the State Government. Provided that if any student is physically, academically or otherwise found to be unfit to appear as such public examination, he may not be presented to such examination.

Section 20.Taking over the management Schools.

(1) Whenever the Government is satisfied that the managing committee of any school, whether recognised or not, has neglected to perform any duties imposed on it by or under this act or any Rule made thereunder and that it is expedient in the interest of school education to take over the management of such school, the Government may, after signing the managing committee of such school, a reasonable opportunity of showing cause against the proposed action, take over the management of such school for a limited period not exceeding three years;

(2) Whenever the management of any school is taken over under sub-section (1), every person in charge of the management of such school immediately before its management is taken over, shall deliver possession of the school property to the Government or any officer authorised in this behalf.

(3) After taking over the management of any school under this section, the Government may arrange to manage the school through any person or officer authorised by the Government in his behalf thereinafter referred to as the Authorised Officer.

(4) Where the management of any school has been taken over under sub-section (1) the managing committee of such school may, within one month from the date of taking over, appeal to the State Government who may, after considering the representation made by the managing committee, pass such orders, including an order for the restoration of the management or for the reduction of the period during which the management of such school shall remain vested in the Government, as it may deem fit.

(5) Where the management of a school has been taken over under this section, the Government shall pay such rent as may be payable for the building/buildings of the school to the person entitled to receive it as was being paid by the managing committee immediately before the management of such school taken over.

(6) During such period as any school remains under the management of the Government-

(a) the service conditions, as approved by the Government of the employees of the school who were in employment immediately before the date on which the management was taken over, shall not be varied to their disadvantage;

(b) all educational facilities which the school has been affording immediately before such management was taken over, shall continue to be afforded;

(c) the School Fund and all other existing funds shall continue to be available to the Authorised Officer for being spent for the purposes of the schools; and

(d) no resolution passed at any meeting of the managing committee of such school shall be given effect to unless approved by the Government.

Section 21.Not apply to minority School.

Nothing contained in section 20 shall apply to any minority school.

Section 22.Meghalaya School Education Advisory Board.

(1) There shall be an Advisory Board for School Education to be called the Meghalaya School Education Advisory Board for the purpose of advising the Government on matters of policy relating to education in Meghalaya.

(2) The Advisory Board shall be constituted by the Government and shall consist of a Chairman, Secretary and fifteen other members to be nominated by the Government.

(3) The Advisory Board constituted under sub-section (2) shall include-

(a) the Secretary to the Government in the Education Department as Chairman,

(b) the Director of Public Instruction as member- Secretary, and

(i) heads of recognised Schools;

(ii) representatives of recognised organisations of teachers of recognised schools;

(iii)representative of the Managing Committee of recognised schools; and

(iv) representatives of parents or guardians of students of recognised schools; and

(v) eminent Educationists.

(4) The Advisory Board shall regulate is own procedure.

(5) The terms of office of every member of the Board and travelling and other allowances payable to a member of the Board shall be as may be prescribed.

Section 23.Delegation of powers.

(1) The State Government may delegate all or any of it powers, duties and functions under this Act to the Director or any other officer.

(2) Every person to whom any power is delegated under sub-section (1), may exercise that power in the same manner and with the same effect as if such power had been conferred on him directly by and under this Act and not by way of delegation.

Section 24.Inspection of Schools.

(1) Every recognised schools shall be subjected to inspection as may be prescribed.

(2) The Director may also arrange special inspection of any school on such aspects of its working as may from time to time, be considered necessary by him.

(3) The Director may also give direction to the Managing Committee requiring the management to rectify any defect or deficiency found at the time of inspection or otherwise in the working of the school.

(4) If the Managing Committee fails to comply with any direction given under sub-section (3), the Director may after considering the explanation or report if any, given or made by the Managing Committee, take such action as he may think fit including:-

(a) stoppage of aid.

(b) withdrawal of recognition, or

Section 25.Jurisdiction of civil courts barred.

No civil court shall have jurisdiction in respect of any matter in relation to which the Government or the Director or any other person authorised by the Government or Director or any other officer or authority appointed or specified by or under this Act, is empowered by or under this Act to exercise any poser and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act.

Section 26.Protection of action taken in good faith.

No suit, prosecution or other legal proceeding shall lie against the Government, Director or any other person authorised by the Government or Director for anything which is in good faith done in intended to be done in pursuance of this Act or any rule made thereunder.

Section 27.Liability of members of the managing committee.

If the Managing Committee of any recognised private school:- (a) omits or fails, without any reasonable excuse to carry out any orders made by the Competent Authority, or (b) presents any student for any public examination without complying with the provisions of section 19 read with proviso, or (c) omits or fails to deliver any school property to the prescribed authority under sub-section (2)of Section 20, except in case of school under section 21, every person constituting the Managing Committee shall be punished with simple imprisonment for a term which may extend to three months or with a fine which may extend to two thousand rupees or with both: Provided that nothing contained in this Section shall render the Secretary or any member of the Managing Committee liable to any punishment if he proved that the offence was committed without his knowledge or that he exercised due diligence and precaution to prevent the crime.

Section 28.Penalty of obstructing officer or other person exercising powers under this Act.

Any person who wilfully obstructs an officer of the Government in the exercise of any power conferred on him, or in the performance of any function entrusted to such officer in the exercise of such power or in the performance of such functions or who fails to comply with any lawful direction made by such officer or person shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

Section 29.Power of Government to give direction.

The Government may, subject to other provision of this Act by order, direct the Director of any other officer to make an enquiry or to take appropriate proceedings under this Act in respect of any matter specified in the said order, and the Director or the other officers, as the case may be, shall report to the Government in due course the result of the enquiry made or the proceeding taken by him.

Section 30.Power to enter and inspect.

Any officer authorised in this behalf and not below the rank of a Deputy Inspector of Schools shall be competent to enter at any time during the normal working hours of any educational institution and to inspect any record or other documents or any movable or immovable property relating to such institution for the purpose of exercising his powers and performing his function as prescribed in this behalf.

Section 31.Power to make rules

(1) The State Government, may, subject to the condition of previous publication, make Rules to carry out the provisions of this Act.

(2) In particulars and without prejudice to the generality of the foregoing power, such rules, may provide for all or any of the following matters, namely:-

(i) the manner in which education may be regulated and restructured in the State of Meghalaya.

(ii) the conditions which every existing school shall be required to comply with;

(iii) establishment of a new school or the opening of a higher class or the closing down of any existing school or the closing down of an existing class in any of the existing school;

(iv) the minimum qualification for, and method of recruitment and the terms and conditions of service of employees;

(v) the authorities to be specified for the purposes of the different provisions of the Act;

(vi) the particulars which a scheme of management shall contain, and the manner in which such a scheme shall be made;

(vii) variations and modifications which may be made in the scheme of management for a recognised school which does not receive any aid;

(viii) the conditions under which aid maybe granted to recognised schools, and on the violation of which aid may be stopped, reduced or suspended;

(ix) the part of the expenditure of a recognised school which is to be covered by aid;

(x) particulars of school property which should be furnished to the appropriate authority;

(xi) the form in which, and the time within which, an appeal shall be preferred to the appropriate authority against an order made in relation to the transfer, mortgage or lease of any school property;

(xii) the farm and manner, including fees, for preferring any other appeal under this Act;

(xiii) the Code of Conduct for employees and the disciplinary action to be taken for the violation thereof;

(xiv) the benefits which should be granted to the employees of aided schools;

(xv) the regulation for admission into educational institutions of pupils for the academic course, private study and other special courses and attendance thereat;

(xvi) fees and other charges which may be collected by an aided or unaided recognised school;

(xvii) the inspection of recognised schools;

(xviii) the terms of office, travelling and other allowances payable to the members of the Advisory Board;

(xix) the financial and other returns to be filled by the Managing Committee of aided schools and the authority by which such returns shall be audited;

(xx) the educational purposes for which the income derived by way of fees by recognised unaided schools shall be spent;

(xxi) the registers, statements, reports, and other information to be maintained or furnished by the Managing Committees in respect of school fund; (xxii)the manner of accounting and operation of school funds and other funds of aided schools and also the auditing authority thereof;

(xxiii) the manner in which any enquiry under this Act shall be held;

(xxiv) the powers and functions of the officers and other subordinate staff of the Education Department;

(xxv) the declaration as to what constitute pre- primary, primary, middle and higher school education, professional education vocational education, technical education, special education and other types of education;

(xxvi) the maintenance and administration of aided schools under this Act, and the constitution and function of their Managing Committee other than those of minority schools;

(xxvii) the preparation and sanction of plans and estimates of a new school building or extensions to be constructed with Government aid and the requirements to be fulfilled by the Managing Committee of the school in this regard; (xxviii) the purpose for which educational institutions may be used and the restrictions and conditions subject to which such educational institutions may be used for any other purpose;

(xxix) the regulation of the user of textbooks, maps, plans, instruments and other laboratory and sports equipments in the institutions;

(xxx) the opening of special morning or night classes and the conditions for their working and of parallel sections or classes in the institutions for linguistic minorities;

(xxxi) the scale of fees or charges, or the manner of fixing fees or charges, payable in respect of any certificate, permission, marksheet or other documents for which such fees may be collected; and

(xxxii) all matters expressly required or allowed by this Act to be prescribed, or in respect of which this Act makes no provision, or opinion of the Government, necessary for the proper implementation of this Act.

Rules
Notifications

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
28-03-2013	The Recognition of Secondary and Higher Secondary Schools Rules, 2012

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
13-12-2012	The Recognition of Secondary and Higher Secondary Schools Rules, 2012

Section 32.Power to remove difficulties.

If any difficulty arise in giving effect to the provisions of this Act, the State Government may, by order not inconsistent with the provisions of this Act remove the difficulty:

Provided that no such order shall be made after the expiry of a period of three years from the commencement of this Act.

Section 33.Member of the Managing Committee, teachers, etc., to be public servants.

Every member of the Magistrate Committee of any educational institution and every member of the teaching and non-teaching staff of such institution shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code when on duty in connection with any public examination or any other examination conducted under this Act.