GOVERNMENT OF GOA
The Goa School
Education Act, 1984
(as amended up to September, 2002)
’1
P
GOVERNMENT OF GOA, DAMAN AND DIU
Education Department
Notification
LD/4/7/84-(D)
The following Act which was passed by the Legislative Assembly of Goa,
Daman and Diu on the 19th day of January, 1984 and assented to by the
President of India on 1st June, 1985, is hereby republished for the general
information of the public.
B. S. Subbanna, Under Secretary (Drafting) to the Government of Goa,
Daman and Diu.
Panaji, 24th July, 1985.
The Goa, Daman and Diu School Education Act,
1984
(Act No. 15 of 1985)
AN
ACT
to provide for better organisation and development of School Education in the
Union Territory of Goa, Daman and Diu and for matters connected therewith of
incidental thereto.
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the
Thirty fourth Year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement.- (1) This Act may be called the Goa,
Daman and Diu School Education Act, 1984.
(2) It extends to the whole of the Union territory of Goa, Daman and Diu.
(3) It shall came into the force on such date as the Administrator may, by
notification, appoint and different dates may be appointed for different provisions
of this Act, and any reference to the commencement of this Act, in relation to any
provision thereof shall be construed as a reference to the date on which that
provision comes into force.
2. Definitions.- In this Act, unless the context otherwise requires,
(a) 'Administrator" means the Administrator of the Union territory appointed by
the President under article 239 of the Constitution;
(b) "Advisory Board" means the Board as constituted under section 24 of this
Act;
(c) "aid" means any aid granted to a recognised school by the Administrator, or
any other authority designated by the Administrator;
(d) 'aided school" means a recognised private school which is receiving aid from
the Administrator or any other authority designated by the Administrator;
(e) "appropriate authority" means the Administrator or any other officer authorised
by him in this behalf;
(f) "Director" means the Director of Education, Government of Goa, Daman and
Diu, and includes any other officer authorised by him to perform all or any of the
functions of the Director under this Act;
(g) "employee" means a teacher and includes every other employee working in a
recognised school;
(h) "existing employee" means an employee of an existing school who is
employed in such a school immediately before the commencement of this Act;
(i) "existing school" means a recognised school which is in existence at the
commencement of this Act;
(j) "Government" means the Government of Goa, Daman and Diu;
(k) "Head of school" means the principal academic officer, by whatever, name
called, of a recognised school;
(1) "local authority" means
(i) in relation to an area within the local limits of a
municipal council constituted under the Goa, ActNo.7
Daman and Diu Municipalities Act, 1968, the of 1969
municipal council concerned;
.
(ii) in relation to an area within the local limits
of a Village Panchayat constituted under the Act No. 9
Goa, Daman and Diu Village Panchayat of 1962
Regulations, 1962, the Village Panchayat concerned;
.
(m) "manager" in relation to a school, means the person by whatever name
called, who is entrusted, either on the date on which this Act comes into force or, as
the case may be, under a scheme of management made under section 6 with the
management of the affairs of that school.
(n) "managing committee" means the body of individuals which is entrusted
with the management of any recognised private school;
(o) "minority school" means a school established and administered by a
minority having the right to do so under clause (1) of article 30 of the Constitution;
(p) "notification" means a notification published in the Official Gazette;
(q) "prescribed" means prescribed by rules made under this Act;
(r) "private school " means a school which is not run by the Central
Government, Administrator, or any other authority designated or sponsored by the
Central Government or Administrator;
(s) "public examination" means an examination conducted by the Central Board
of Secondary Education, Council for School Certificate Examinations or the
Goa, Daman and Diu Board of Secondary and Higher Secondary Education or any
other Board recognised by the Administrator or any other officer authorised by him
in this behalf;
(t) "recognised school" means a school recognised by the appropriate
authority;
“(u) school" includes a pre-primary, primary, high school and higher secondary
school, and also includes any other institution which imparts education or training
below the degree level, but does not include an institution which imparts technical
education;]
(v) "school property" means all movable and immovable property
belonging to, or in the possession of, the school and all other rights and interests, in, or
arising out of, such property, and includes land, building and its appurtenances,
playgrounds, hostels, furniture, books, apparatus, maps, equipment, utensils, cash,
reserve funds, investments and bank balances;
(w) "teacher" includes the Head of a school;
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(x) "Tribunal" means the Administrative
Tribunal constituted under the Goa, Act No.6
Daman and Diu Administrative Tribunal Act, 1965; of 1965.
(y) "unaided minority school" means a recognised minority school
which does not receive any aid;
(z) "Union territory" means the Union territory of Goa, Daman and Diu.
'Clause (u) substituted by (Amendment) Act, 2000 (Act 26 of 2000) [0. G.
Series I No. 23 dated 13-9-2000 (Extraordinary 3)]. The original clause reads as
follows.
"(u) school" includes a pre-primary, primary, middle, secondary and higher
secondary school and also includes any other institution which imparts education or
training below the degree level, but does not include an institution which imparts
technical education;"
CHAPTER II
Establishment, recognition, affiliation, management of,
and aid toSchools
3. Power of Administrator to specify the scales of pay of teachers of unaided
schools.-The Administrator shall by notification, specify the minimum scales of pay
of the teachers of schools whether recognised or not.
2[ 4.Power of Government to regulate education in schools.- (1) With a view
to enable the Government to provide for the planned development of
school education in Goa, every individual, association of individuals, society or
Trust, desiring to establish a school or to open additional classes in an existing
school shall, before establishing such school or opening additional classes in
an existing school, as the case may be,
2Section 4 has been substituted by (Amendment) Act, 1998 (Act 22 of 1998)
(0. G. Series I No. 22 dated 2-9-1998 (Extraordinary No. 2)] Earlier the same has
been amended by (Amendment) Act No. 1 of 1990. The original section 4 reads as
follows:
"4. Power of Government to regulate education in schools.- (1) The
Government may regulate education in all the schools in the Union territory
in accordance with the provisions of this Act and the rules made thereunder
.
(2) The Government may establish and maintain any school in the Union
territory or may permit any person or local authority to establish and maintain
any school in the Union territory, subject to compliance with the provisions
of this Act and the rules made thereunder.
(3) On and from the commencement of this Act and subject to the provisions
of clause (1) of article 30 of the Constitution, the establishment of a new school
or the opening of a class or section of a class or the closing down of an existing
class or any section of an existing class in any existing school in the Union
territory, shall be subject to the provisions of this Act and the rules made
thereunder and any school or class or section established or opened otherwise
than in accordance with the provisions of this Act or the rules made thereunder
shall not be recognised by the appropriate authority."
apply to the Director in writing in such manner and on payment of such fees as may
be prescribed.
(2)The Director may, after considering the particulars specified in the
application made to him and after making such inquiries as he may think fit, permit the
individual, association of individuals, Society or Trust by whom the application was
made, to establish a school or open additional classes in an existing school, as the
case may be, in the zone and the area applied for:
Provided that the Director shall, if he is of the opinion that the number of schools
existing in the zone or the area where the school is proposed to be established or
where additional classes are proposed to be opened, are sufficient to meet the
needs of that zone or the area, inform the applicants that the establishing of the school
or opening of additional classes in the existing school, as the case may be, in the zone
or the area would not be in public interest and may indicate any other zone or area
which in his opinion, needs a new school or additional classes, as the case may be, or
may reject the application.
(3) On and from the date of commencement of the Goa School Education
(Amendment) Act,1998, the establishment of a new school or the opening of a class or
section of a class or the closing down of an existing class or any section of an existing
class in any existing school in the State of Goa, shall be subject to the provisions of
the Act and the rules made thereunder and any school or class or section established or
opened otherwise than in accordance with the provisions of the Act or the rules made
thereunder shall not be recognised by the appropriate authority.
(4)Any person or persons or the Secretary of the Society or the Trust, as the case may
be, establishing a school, or opening additional classes in an existing school, without the
prior permission of the Director, shall on conviction be punishable with
imprisonment for a term which may extend to six months or fine which may extend
to fifty thousand rupees or with both, and the school or class so established shall
be closed and students readmitted to the nearest school.]
(5.) Recognition of schools.- (1) The appropriate authority may, on an application
made to it in the prescribed form and in the prescribed manner, recognize any
school:
Provided that no school shall be recognised unless-
(a) it has such funds to ensure its financial stability which regulate payment of
salaries and allowances and other benefits to its employees as prescribed;
(b) it has a scheme of management as required by section 6;
(c) it has suitable or adequate accommodation and sanitary facilities having regard
among other factors, to the number, age and sex of the pupils attending it;
(d) it provides for approved course of study and efficient instructions;
(e) it has teachers with prescribed qualification;
(f) it has the prescribed facilities for physical education, library service,
laboratory work, workshop practice and co-curricular activities; and
(g) it. gives an undertaking that it will follow the provisions of this Act and the
rules made thereunder.
Every application for recognition of a school shall be entertained and 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 the receipt of the
application and where recognition is not granted, the reasons for not granting such
recognition shall also be communicated to the applicant within the said period.
(3) Where the managing committee of 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 the proviso to sub-section (1), the authority granting the recognition
may, after giving the managing committee of the school a reasonable opportunity
of showing cause against the proposed action, withdraw the recognition
granted to such school under sub-section (1).
(4) The recognition granted under sub-section (1) shall not, by itself, entitle any school to
receive aid.
(5) Every existing school which is receiving aid as on the date of coming into force of
this Act shall be deemed to have been recognised under this section and every
such school 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 the proviso to sub-section (1), the prescribed authority may, by order, require the
school to satisfy such conditions and such other conditions as may be prescribed within
the period specified in the order and if any such condition is not satisfied within the
period so specified, recognition may be withdrawn from such school:
Provided further that where any recognised school does not, at the commencement
of this Act, satisfy any of the conditions specified in the proviso to sub-section (1), the
prescribed authority may, by order, require the school to satisfy, within the period
specified therein such conditions and such other prescribed conditions as may be
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specified in the order and if any such condition is not satisfied within the period so
specified recognition may be withdrawn from such school.
3["(6) The prescribed authority may, by order grant recognition to any school
which had not obtained recognition earlier for any genuine reasons if the school satisfies
the conditions specified in the proviso to sub-section (1) and makes an application in the
prescribed form and in the prescribed manner for recognition."]
6.Scheme of Management.- 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 a scheme of management for
such school:
Provided that in the case of a recognised school which does not receive
any aid, the scheme of management shall apply with such variations and
modifications as may be prescribed.
7.Aid to recognised schools.- (1) Any authority specified in clause (c) of section 2
may grant, out of the funds made available to it for the purpose, after due
appropriation made by law as aid to recognised schools such sums of money as it
may consider necessary:
3 Sub-section (6) inserted by (Amendment Act, 2000 (Act 26 of 2000) [O.G. Series
I No. 23 dated 13-9-2000 (Extraordinary 3)]
Provided that no existing school receiving aid, immediately before the
commencement of this Act, shall be eligible for continuance of such aid unless it
complies with, within such period as may be specified by the aforesaid authority,
the conditions specified in the proviso to sub-section (1) of section 5 and the rules
made under this Act relating to the grant or continuance of such aid.
(2) The authority competent to grant the aid may stop, reduce, or suspend aid for
violation of any of the provisions of this Act or the rules made thereunder:
Provided that no such aid shall be stopped, reduced or suspended unless
on a reasonable opportunity of showing cause against such stoppage,
reduction or suspension has been given to the management.
(3) The aid may cover such part of the expenditure of the schools as may be
prescribed.
(4) No payment, out of the aid given for salary, allowance and provident fund of
employees of the school, shall be made for any other purpose.
(5) No unrecognised school shall be eligible to receive any aid or any benefit
made available to recognised schools by the authority specified in clause (c) of
section 2.
8.Affiliations.- For the purpose of any public examination every recognised
higher secondary school shall be affiliated to one or more of the Board, or Council
conducting such examinations and shall fulfill the conditions specified by the Board or
Council in this behalf:
Provided that no Board or Council conducting any public examination shall affiliate
any school unless such school has been recognised under this Act and. such recognition
is in force.
(2) The students of recognised higher secondary schools shall be prepared for, and
presented to, the public examinations or such other form of evaluation held or made for the
students of such schools.
(3) Save as otherwise provided in sub-section (2), the students of every recognised
school shall be
(a) prepared for, and presented to, such public examination as may be held by the
Directorate or any other officer or authority specified by the Administrator, or
(b) subjected to such internal evaluation or assessment as may be prescribed.
CHAPTER III
School Property
9. School Property.- (1) The Management of every aided school shall maintain in the
prescribed form a proper record of its property and such record shall be kept for
inspection at the time of regular schools inspection.
(2) No aided school shall transfer any property if, by such transfer, any of the facilities
referred to in the proviso to sub-section (1) of section 5 is likely to be prejudicially, affected.
(3) Notwithstanding anything 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 rules, shall be made except with the
previous permission of the appropriate authority:
Provided 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.
(4) Any transaction made in contravention of the provisions of sub-section (3), shall
be void.
10. School Fund and School Staff Account Fund.-' (1) In every aided school,
there shall be two Funds to be called, respectively, the "School Fund" and the
"School Staff Account Fund".
(2) There shall be credited to the School Fund.-
(a) any aid (other than maintenance grant)
granted under section 7;
(b) income other than income from fees accruing to the school;
(c) any other contributions, endowments and the like.
(3) There shall be credited to the School Staff Account Fund,-
(a)the aid granted by the Administrator by way of maintenance grant;
(b) income accruing to the school by way of fees.
(4) The School Fund and all other funds, including the Pupils' Fund, established
with the approval of the Administrator, shall be accounted for and operated in
accordance with the rules made unde this Act.
(5) In every recognised unaided 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,
(a) by way of fees or.other charges,
(b) save as otherwise provided in clause (a),. charges and payments which may be
realised by the school for other specified purposes, and
(c) any other contributions, endowments, gifts and the like.
(6) (a) income derived by unaided schools by way of fees or other charges shall be
utilised only for such educational purposes as may be prescribed;
(b) save as otherwise provided in clause (a) 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.
(7) The managing committee of every recognised private school shall file every year
with the Director such duly audited financial and/other returns as may be prescribed,
and every such return shall be audited by such authority as may be prescribed.
CHAPTER IV
Terms and conditions of service of employees of recognised
private schools
11. Terms and conditions of service of employees of recognised private
schools.- (1) The Government may make rules regulating the recruitment, minimum
qualifications for recruitment, and the conditions of service of employees of
recognised private schools:
Provided that neither the salary nor the rights in respect of leave of absence, age of
retirement and pension of an employee in the employment of an existing school at
the commencement of this Act shall be varied to the disadvantage of such employee:
Provided further that every such employee shall be entitled to opt for the terms and
conditions of service as were applicable to him immediately before the
commencement of this Act.
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4["(2) Subject to any rule that may be made in this behalf, no employee of an aided
school shall be dismised, 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"];
(3) Where the managing committee of a recognised private school intends to
suspend any of its employees, such intention shall be communicated to the Director
and no such suspension shall be made except where a disciplinary proceeding is
contemplated or pending, and except with the prior approval of the Director:
Provided that no such suspension shall remain in force for a period exceeding six
months, which
4 Substituted by (Amendment) Act, 1989 (Act 1 of 1989) (0. G. Series I No. 52 dated
29-3-1990). The original sub-section (2) reads as follows:
"(2) Subject to any rule that may be made in this behalf, no employee of a
recognised private school shall be dismised, terminated except with the prior
approval of the Director."
may, with the prior approval of the Director and for reasons directly attributable to
the teacher and recorded in writing, be extended by a further period of three months, at
a time:
Provided further that the managing committee may suspend an employee with
immediate effect and without the prior approval of the Director if it is satisfied that
such immediate suspension is necessary by reasons of the gross misconduct,
within the meaning of the Code of Conduct prescribed under section 12
of the employee or where a case against him in respect of any criminal offence
involving moral turpitude is under investigation, enquiry or trial:
Provided also that no, such immediate suspension shall remain in force for more than a
period of fifteen days from the date of suspension unless it has been communicated to
the Director and approved by him before the expiry of the said period.
5["(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 subsections (3) and (4) or
the rules made .thereunder, the Director may direct for revocation of the order
of suspension.";]
5 Sub-section (4) substituted by (Amendment) Act, 1989 (Act 1 of 1989) (0. G. Series
I No. 52 dt. 29-3-1990). The original subsection (4) reads as follows:
"(4) Where the intention to suspend, or the immediate suspension of, an employee is
communicated to the Director, he may, if he is satisfied that there are adequate and
reasonable grounds for such suspension, accord his approval to such suspension. "
6[ .. .]
12. Employees to be governed by a Code of Conduct.- (1) 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, the
employee shall be liable to such disciplinary action as may be prescribed.
(2) The Code of Conduct shall prescribe among other things, that no employee
shall;
(a) neglect his duties in teaching or curricular activities;
(b) propagate anti-national, communal, caste or sectarian outlook;
(c) make discrimination among the students;
(d) indulge in malpractices connected with examination;
(e) be irregular in attending the school;
(f) accept any object of remunerative character from any source;
6Sub-sections (5) and (6) omitted by (Amendment) Act, 1989 (Act 1 of 1989) (0. G.
Series I No. 52 dt. 29-3-1990). The omitted sub-sections read as follows:
(5) In its application to an aided minority school,
(a) sub-section (2) shall have effect as if for the words "except with the prior
approval of the Director", occurring therein, the words "except after an inquiry in
accordance with the procedure specified in the said rule" had been substituted;
(b) sub-section (3) shall have effect subject to the modification that the
requirement relating to the approval of the Director shall not apply."
(6) the provisions of sub-section (1) and the provisions of sub-section (2), as
modified by sub-section (5) shall apply, and the provisions of sub section (4) shall not
apply to an aided. minority school.
(g) prepare or publish any book known as keys or guides;
(h) engage himself, as selling agent of any publishing firm;
(i) indulge in political activities within the school premises or incite the students in
violent activities;
(j) raise funds without the sanction of the Director;
(k) enter into monetary transactions with the students or parents.
13. Salaries of employees.- The scales of pay and allowances, pension, gratuity,
provident fund and other prescribed benefits of the employees of a recognised private
school shall not be less than those of the employees of the corresponding status in
schools run by the Government;
Provided that where the scales of any pay and allowances, pension, gratuity,
provident fund and other prescribed benefits of the employees of any recognised
private school are less than those of the employees of the corresponding
status in the schools run by the Government, the Director shall direct, in
writing, the managing committee of such school to bring the same up to the level of
those of the employees of the corresponding status in schools run by the Government
Provided further that the failure to comply with such direction shall be
deemed to be noncompliance with the conditions for continuing
recognition of an existing school and the provisions of section 5 shall apply
accordingly:
Provided. also that in each recognised school, which does not receive any
aid; there shall be a Fund, to be called "the Employees Retirement Benefit
Fund", and there shall be credited to that Fund every contributions made by the
school and the employees towards retirement benefits.
7 [14....]
CHAPTER V
Provisions applicable to unaided minority schools
15. Power to prescribe minimum qualifications for recruitment.- The
Government may make rules regulating the minimum qualifications for, and method of
recruitment of employees of unaided minority schools:
Provided that no qualification shall be varied to the disadvantage of an existing
employee of an unaided minority school.
16. Power to prescribe Code of Conduct.- Every employee of an unaided minority
school shall be governed by such Code of Conduct as may be prescribed.
17. Contract of service.- (1) The managing committee of every unaided
minority school shall enter into a written contract of service with every employee of
such school:
Provided that if, at the commencement of this Act, there is no written 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 commencement:
7Section 14 omitted by (Amendment) Act, 1989 (Act 1 of 1989) (0. G. Series I No. 52 dt.
29-3-1990). The omitted section reads thus:
"14. Chapter not to apply to unaided minority schools.
Save as otherwise provided elsewhere in this Chapter, nothing contained in this
Chapter shall apply to an unaided minority school"
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 subsisting at the
commencement of this Act between him and the school.
(2) A copy of 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 who shall, on receipt of such copy, register it in such manner as may be
prescribed.
(3) Every contract of service referred to in subsection (1) shall 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 he shall be entitled;
(b) the leave of absence, age of retirement, pension and gratuity, or contributory
provident fund in lieu of pension and gratuity, and other benefits 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 proceedings 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) settlement of any dispute arising out of any breach of contract between the
employee and the managing committee with regard to:
(i)the scale of pay and other allowances,
(ii)leave of absence, age of retirement, pension, gratuity, provident fund, and
other benefits,
(iii) any disciplinary action leading to the dismissal or removal from service or
reduction in rank or imposition of any other punishment on the employee;
(f) any other matter which, in the opinion of the managing committee, ought to be, or
may be, specified in such contract.
CHAPTER VI
Admission to schools and fees
18. Admission to recognised schools.- (1) A child who has not attained the age of
five years on or before the 8["5th Day of September"] of the year in which the admission
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of such child is sought shall not be admitted to class I, or an equivalent class or any class
higher than class I, in a recognised school.
9("Provided that a child who has not attained the age of five years on or before the 1st
day of June of the year two thousand and one, shall not be admitted
8This figure, letters and words have been substituted for the figure, letters and words "1st
day of June," by (Amendment) Act, 1999 (Act 9 of 1999) (0. G. Series I No. 28 dated 7-10-
1999).
9 Proviso substituted by (Amendment) Act 2000 (Act 26 2000) ]O. G. Series I No. 23 dated
13.9.2000 (Extraordinary 3). The original proviso inserted by (Amendment) Act No. 22 of
1998 reads as follows:
[ "Provided that from the * 5th day of September of the year two thousand and one]
a child who has not attained the age of six years on or before the * [5th day of
September of the year in which the admission of such child is sought, shall not be
admitted to class I, or an equivalent class higher than class I, in a recognised school.
* Substituted for "5-9-2000" and 31st May".
Provider further that a child who has not allained the age of five years and six months on or
before the 31st May of the years 1999 shall not be admitted to Class I or an equivalent class
or any class higher then class l in a recognised school in the year 1999."
to class I, or an equivalent class or any class higher than class I in a recognised school
in the year two thousand and one:"]
9.A[" Provided further that from the 1st day of June of the year two thousand and two, a
child who has not attained the age of five years and' six months, on or before the 1st
day of June of the year two thousand and two, shall not be admitted to class I, or an
equivalent class or any class higher than class I, in a recognised school in the year two
thousand and two:
Provided also that from the 1st day of June of the I year two thousand and three, a child
who has not attained the age of six years on or before the 1st day of June of the year
in which the admission of such child is sought, shall not be admitted 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 school study between that class and class I or an equivalent class, falls short of
five years.
(3) Admission to a recognised school or to any class thereof shall be regulated by
rules made in this behalf.
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19. Fees and other charges.- (1) No aided school shall levy any fee or collect any
other charge or receive any other payment except those specified by the Director.
(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.
9-A These provisos inserted by (Amendment) Act, 2000 (Act 26 of 2000) [0, G. Series
I No. 23 dated 13-9-2000 (Extraordinary 3)].
(3) The manager of every unaided recognised school shall, before the
commencement of each academic session, file with the Director a full
statement of the fees and the charges to be levied by such school with. the approval
of the Director during the ensuing academic session, and except with the prior approval
of the Director, no such school shall charge during the academic session, any fee in excess
of the fee specified by its manager in the said statement.
10 (" (4) any person/persons or Society or Trust, as the case may be, which collects
fees or any other charges or receives any other payment beyond the prescribed limit
fixed by the Director, shall be liable to imprisonment. for a term which may extend to six
months or for a fine which may extend to fifty thousand rupees or with both, and
fees/charges received as shall be forfeited by the Government."]
CHAPTER VII
Taking overmanagement ofschool
20. Taking over management of school.- (1) Whenever the Administrator is
satisfied that the managing committee or manager of any recognised school,
(i) has contravened any provision of this Act or of any rule or order made
thereunder, or
(ii) has neglected to perform any duty or obligation imposed on it by or under
this Act, or
(iii) has mismanaged the affairs of the school or has misappropriated or has
misapplied any money standing to the credit of any Fund of the School, or
(iv) has managed the affairs of the school in a manner prejudicial to the public
interest, or
10 Inserted by (Amendment) Act, 1998 (Goa Act 22 of 1998) (0 G. Series I No. 22
dated 2-9-1998-Extraordinary 2).
(v) has omitted or neglected to pay its share towards the medical facility, pension,
gratuity, provident fund and other prescribed benefits of the employees of the school, in
accordance with the provisions of sub-section (2) of section 13, or
(vi) has closed down the school or any class or section of the school in contravention
of the rules made under this Act or any order, direction issued thereunder, or
(vii) has made a written representation expressing its inability to run the
school,
and that it is expedient in the public interest or in the interests of school education or in order
to secure the proper management of the school to take over the management of such
school, he may, after giving the managing committee or the manager 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:
Provided that, where the management of a school has been. taken over for a period of
three years or less, the Administrator may, if he is of opinion that in order to secure proper
management of the school it is expedient that such management should continue to
be in force after the expiry of the said limited period, he may, from time to time
issue directions for the continuance of such management for such period not exceeding
one year at a time as he may think fit, so, however, that the total period for which such
management is taken over shall not, in any case, exceed five 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 secure
proper management to the Administrator or any officer authorised by him in this behalf.
(3) After taking over the management of any school under this section, the
Administrator may arrange to manage the school through the Director or any other
person or body of persons authorised by the Director in this behalf, subject to such
terms and conditions and on such remunerations as he may specify (hereinafter referred
to as the authorised officer or authorised body, as the case may be).
(4) Where the management of any school has been taken over under
sub-section (1), the managing committee or manager of such school, may
within three months from the date of taking over, make a representation to the
Administrator, who may, after considering the said representation made by the
managing committee or the manager pass such order, 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 Administrator, as he may
deem fit.
(5) Where the management of a school has been taken over under this section,
the Administrator shall pay or cause to be paid such rent as may be payable for the
building of the school to the person entitled to receive it as was being paid by
the managing committee or the manager immediately before the management of
such school was taken over.
(6) During such period as any school remains under the management of the
authorised officer or the authorised body,
(a) the service conditions, as approved by the Administrator 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 had been affording immediately
before such management was taken over, shall continue to be afforded;
(c) the School Fund, the School Staff Account Fund and the Pupils' Fund shall be made
available to the authorised officer or authorised body, for being spent for the purposes of
the school;
(d) no resolution passed at any meeting of the managing committee of such school
shall be given effect to unless ,approved by the Government; and
(e) the authorised officer or the authorised body shall have the right to open any
account in any bank or to draw money from any Fund referred to in section 10.
No person in charge of the management of the school at any time before the date on
which the management of the school is taken over under sub-section (1) shall have
such right.
(7) If at any time on the application of the managing committee or manager
of the school or otherwise it appears to the Administrator that the purpose for which
the management of the school was taken over has been fulfilled or that for any other
reason it is not necessary that the school should be continued to be managed by him,
he may cancel the order made by him under sub-section (1) and, may restore the
management of the school to its managing committee and thereupon the
management of the control of the school shall vest in the managing committee.
(8) Whenever the management of any school is taken over by the Administrator
under this section, it shall be lawful for him to make such provisions with regard to
the scales of pay and other conditions of service, seniority, pension and other retirement
benefits of the employees on an equal footing with the employees of similar
schools run by the Government.
(9) If, on the expiry of the period specified under sub-section (1) or the
extended period specified under the proviso to that sub-section, the managing
committee does not take over the management of the school, the Administrator
shall, notwithstanding anything contained in sub-section (1), continue to remain in
charge of the management of the school, and he shall, by a notice, require the
managing committee to take over the management of the school. If the
Administrator does not, within one month from the date of issue of the said
notice, receive any reply thereto, he shall, within fourteen days after the expiry
of the month, send to the managing committee of the school, by registered
post, another letter, referring to the first letter, and stating that no reply thereto has
been received and that if a reply to the second letter is not received within one month
of the date of issue thereof, a notice shall be published in the Official Gazette declaring
the society, trust or other association of individuals owing or managing the school
to be defunct:
Provided that any time within ten years from the date of publication of the
notice in the Official Gazette, any rightful owner of the school comes forward
to take over the management of the school and its assets, the Administrator shall
transfer the school together with its assets and liabilities to such rightful owner and
thereupon the school and its assets and liabilities shall cease to remain vested in the
Government.
(10) Where the management of an aided school has been taken over by the
Administrator, the authority granting such aid shall continue to grant aid to the school.
(11) Where the management of any school had been taken over by the Administrator
before the commencement of this Act, and such management was continuing at such
commencement, and managing committee of such school has not, after such
commencement, taken any steps to take over the management of the school from the
Administrator it shall be lawful for the Administrator to continue to manage such school and
to grant aid to the school to the full extent admissible under this Act or the rules made
thereunder.
21. Section 20 not to apply to unaided minority schools.- Nothing contained in section
20 shall apply to an unaided minority school.
CHAPTER VIII
Appeals and Offences
22. Appeal.- (1) Subject to the provisions of sub-section (2), an appeal shall lie to
the Tribunal from the following orders:
(a) refusing to recognize a school under sub-section (2) of section 5;
(b) withdrawing the recognition of a school under sub-section (3) of section 5;
(c) stopping, reducing or suspending aid under sub-section (2) of section 7;
(d) refusing to grant permission under subsection (3) of section 9;
11["(e) dismissing, removing from service any employee or reducing him in rank or
retiring him compulsorily or otherwise terminating his services under section (2), (2a),
(4) and (4a) as the case may be, of section 11;"]
(2) Every such appeal shall be preferred within thirty days from the date of
communication of the order:
Provided that the Tribunal may entertain an appeal after the expiry of the said
period of thirty days if it is satisfied that the appellant was prevented by sufficient
cause from preferring the appeal in time.
(3) On receipt of any such appeal, the tribunal shall, after giving the appellant a
reasonable opportunity of being heard and after making such enquiry as it deems
proper, pass such orders as it may deem fit, after recording the reasons therefor.
23. Offence and punishment.- (1) If the manager of any recognised private
school,
(a) omits or fails, without. any reasonable excuse, to carry out any order made by
the Tribunal, or
(b) causes or authorises any student to be presented by the school for any public
examination without complying with the provisions of section 8, or
11Clause (e) of sub-section (1) has been substituted by (Amendment) Act, 1989
(Act 1 of 1989) (0. G. Series I No. 52 dated 29-3-1990). The original clause (e) reads
as follows:
"(e) dismissing, removing from service any employee or reducing him in rank
under sub section (2) of section 11."
(c) omits or fails to deliver any school property to the Administrator or any officer
authorised by him under sub-section (2) of section 20, or
(d) contravenes any provision of the Act or any rule made thereunder, or
(e) omits or fails to furnish any information to any inspecting authority or
furnishes any information to that authority which is incorrect or false in material
particulars, or
(f) omits or fails to produce any book, register or other document to the
inspecting authority, or
(g) prevents any inspecting authority from entering into the premises of the school
or from conducting any inspection or inquiry, he shall be punished with imprisonment
for a term which may extend to three months or with fine which may extend to one
thousand rupees or with both:
12[. ...]
(2) No prosecution shall be instituted under this section except on a complaint made
by the Director or any person authorised by him in this behalf.
13["(3) No court shall take congnizance of an offence punishable under sub-section
(4) of section 4 and sub-section (4) of section l9 of the Act, except on a complaint
made by the Director or any person authorised by him this behalf.".)
12 Proviso omitted by (Amendment) Act, 1989 (Act, 1 of 1989) (0. G. Series. I No.
52 dated 29-3-1990). The omitted proviso reads as follows:
“Provided that nothing contained in clauses (a) and (c) shall apply to a minority
school.”
13 Sub-section (3) inserted by (Amendment) Act,1998 (Goa Act,22 of
1980)[O.G.Series I No.22 dated 2-9-1998 (Extraordinary No.2)]
CHAPTER IX
Miscellaneous
School Education Advisory Board
24. Advisory Board.- (1) There shall be constituted an advisory board to be
called the Goa, Daman and Diu School Education Board (hereinafter referred to as
the Advisory Board) for the purpose of advising the Government on matters of
policy relating to education An, the Union territory.
(2) The composition of the Advisory Board shall be as follows, namely:-
(a) the Chairman of the Goa, Daman and Diu Board of Secondary and Higher
Secondary Education, ex-officio;
(b) three persons, who are the heads of recognised private schools;
(c ) three representatives of organisations of teachers of recognised private schools;
(d) three representatives of the managements of recognised private schools;
(e) the Director, who shall be the Secretary to the Advisory Board;
(f) the Principal of one of the colleges in the Union territory;
(g) two members of the Legislative Assembly of the Union territory to be
nominated by the Speaker;
(h) two eminent educationists;
(i) two representatives of the parents and guardians of the students of recognised
private schools; and
(j) two representatives of the students of recognised private schools.
14["(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. "].
(4)The Advisory Bond shall regulate its own procedure.
(5) The term of office of every member of the Advisory Board and travelling
and other allowances payable to a member of the Advisory Board shall be such as
may be prescribed.
25. Delegation of Powers.-- (1) The Administrator may delegate all or any of his
powers, duties and functions under this Act or under any rules made thereunder to the
Director or any other Officer subordinate to him.
(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 this Act and not by way of delegation.
26.Inspection of Schools.- (1) Every recognised school shall be inspected at least
once in each financial year in such manner as may be prescribed.
14 Substituted by (Amendment) Act, 1989 (Act 1 of 1989) (0. G. Series I No. 52 dated 29-
3-1990). The original sub-section (3) reads as follows:
"(3) The Chairman of the Goa, Daman and Diu Board of Secondary and Higher
Secondary Education shall be the Chairman of the Advisory Board and the members
referred to in clause (b) (c), (d), (f), (h), (i) and (j) of sub-section (2) shall be nominated
by the Government.
(2) The Director may also arrange special inspections of any school on such
aspects of its working as may, from time to time, be considered necessary by him.
(3) The Director may give directions to the manager requiring the manager
to rectify any defect or deficiency found at the time of inspection or otherwise in the
working of the school.
(4)If the manager 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 manager, take such action as he may think fit, including,
(a) stoppage of aid,
(b)withdrawal of recognition, or
(c) except in the case of an unaided minority school, taking over of the school
under section 20.
27. Jurisdiction of Civil courts barred.- No Civil Court shall have jurisdiction in
respect of any matter in relation to which the Administrator or the Director or any other
person authorised by the Administrator 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 power, 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.
28. Protection of action taken in good faith. No suit, prosecution or other legal
proceeding shall lie against the Administrator, Director or any other person authorised by
the Administrator or Director for anything which is in good faith done or intended to be
done in pursuance of this Act or any rule made thereunder.
29.Power to make rules.-, (1) The Administrator may, subject to the condition of
previous publication, by notification, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:
(a) the manner in which education may be regulated by the Government in
the Union territory;
(b) the conditions which every existing school shall be required to comply;
(c) establishment of a new school or the opening of a higher class or the
closing down of an existing class in an existing school;
(d) the form and manner in which an application for recognition of a school
shall be made;
(e) the facilities to be provided by a school to obtain recognition;
(f) the manner in which, and the authority to which an appeal against the refusal or
withdrawal of recognition shall be made;
(g) the minimum qualifications, for and method of recruitment and the terms and
conditions of service of employees;
(h) the authorities to be specified for the purposes of the different
provisions of this Act;
(i) the particulars which a scheme of management shall contain, and the manner in
which such scheme shall be made;
(j) variations and modifications which may be made in the scheme of
management for a recognised school which does not receive any aid;
(k) the conditions under which aid may be granted to recognised schools,
and on the violation of which aid may be stopped, reduced or suspended;
(1) the part of the expenditure of a recognised school which is to be covered by
aid;
(m) particulars of school property which should be furnished to the appropriate
authority;
(n) the form in which, and the time within which, an appeal shall be
preferred against an order made in relation to the transfer, mortgage or lien of any
school property;
(o) the Code of Conduct for the employees and the disciplinary action to be taken for the
violation thereof;
(p) the benefits which should be granted to the employees of recognised private
schools;
(q) admission to a recognised school;
(r) fees and other charges which may be collected by an aided school;
(s) the manner of inspection of recognised school;
(t) the term of office, travelling and other allowances payable to the
members of the Advisory Board;
(u) financial and other returns to be filed by the managing committee of
recognised private schools, and the authority by which such returns shall be audited;
(iv) educational purposes for which the income derived by way of fees by
recognised unaided schools shall be spent;
(w) manner of accounting and operation of schools funds and other funds of a
recognised private school;
(x) fees, not exceeding one rupee, for preferring any appeal under this Act.
(y) any other matter which is to be, or may be prescribed under this Act.
15[ 29A. Removal of Doubts.- For the removal of doubts, it is hereby declared that
notwithstanding anything contained in any law, rules, regulations, notifications,
decree, order or judgement of any Court, authority of 'Tribunal, a permission granted
prior to the coming into force of this Act in municipal areas for opening class I or class V in
any school be construed as permission to open classes upto IV or X respectively and the
same shall be applicable to Village Panchayat areas after due assessment by
committee appointed by the Department of the need for the higher class is carried out."]
Secretariat, U. D. SHARMA
Panaji-Goa, Law Secretary to the Government
of Goa, Daman and Diu
Dated 24th July, 1985. (Legal Affairs Branch)
(Published in the Official Gazette (Extraordinary) Series I
No. 18 dated 2-8-1985).
15 Section 29A inserted by (Amendment) Act, 2000 (Act 26 of 2000) (0. G. Series I No. 23
dated 13-9-2000-Extraordinary 3).
Department of Law and Judiciary
Legal Affairs Division
Notification
7-19-89/LA
The Goa School Education (Amendment) Act, 1989 (Goa Act No. 1 of 1990) which has been passed by
the Legislative Assembly of Goa on 8-8-1989 and assented to by the Governor of Goa on
7-3-1990 is hereby published for the general information of the public.
P V Kadnekar, Under Secretary (Drafting). Panaji, 12th March, 1990.
The Goa School Education (Amendment)
Act, 1989
(Goa Act 1 of 1989) [7-3-1990]
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:
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.
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.".
3. Amendment of section 11.- In section 11 of the principal Act,
(i) For sub-section (2), the following subsections 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 subsections 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-sections (5) and (6) shall be omitted.
4.Amendment of section 14.- Section 14 of the principal Act shall be omitted.
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;".
6.Amendment of section 23.- In sub-section (1) of section 23 of the principal
Act,the proviso shall be omitted.
7.Amendment of section 24.- In section 24 of the principal Act, for sub-section (3), the
following sub-section 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.".
Secretariat Annexe, B. S. SUBBANNA,
Panaji, Secretaryto theGovernment
Dated: 13-3-1990 ofGoaLawDepartment
(Legal Affairs)
Notification
7/15/98/LA
The Goa School Education (Amendment) Act, 1998 (Goa Act 22 of 1998), which
has been passed by the Legislative Assembly of Goa on 23-7-1998 and assented to
by the Governor of Goa on 29-8-1998, is hereby published for general
information, of, the public.
P V Kadnekar, Law Secretary. Panaji, 1st September, 1998.
The Goa School Education (Amendment)
Act, 1998
(Goa Act 22of 1998) [29-8-1998]
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 Forty-ninth Year
of the Republic of India as follows:
1. Short title and commencement. - (1) This Act may be called the Goa School
Education (Amendment) Act, 1998.
(2) It shall come into force at once.
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 section 4, the
following shall be substituted, namely:
"4. Powers of Government to regulate education in schools.-(1) With a view to
enable the Government to provide for the planned development of school education in
Goa, every individual, association of individuals, Society or Trust, desiring to
establish a school or to open additional classes in an existing school, shall, before
establishing such school or opening additional classes in an existing school, as the case
may be, apply to the Director in writing in such manner and on payment of such fees
as may be prescribed.
(2) The Director may, after considering the particulars specified in the application
made to him and after making such inquiries as he may think fit, permit the individual,
association of individuals, Society or Trust by whom the application was made, to
establish a school or open additional classes in an existing school, as the case may be,
in the zone and the area applied for:
Provided that the Director shall, if he is of the opinion that the number of schools
existing in the zone or the area where the school is proposed to be established or
where additional classes are proposed to be opened, are sufficient to meet the
needs of that zone or the area, inform the applicants that the establishing of the school or
opening of additional classes in the existing school, as, the case may be, in the zone or the
area would not be in public interest and may indicate any other zone or area which in his
opinion, needs a new school or additional classes, as the case may be, or may reject the
application.
(3) On and from the date of commencement of the Goa School Education
(Amendment) Act, 1998, the establishment of a new school or the opening of a class
or, section of a class or the closing down of an existing class or any section of an
existing class in any existing school in the State of Goa, shall be subject to the provisions
of the Act and the rules made thereunder and any school or class or section established or
opened otherwise than in accordance with the provisions of the Act or the rules' made
thereunder shall not be recognised by the appropriate authority.
(4) Any person or persons or the Secretary of the Society or the 'Trust, as the case
may be, establishing a school, or opening additional classes in an existing school,
without the prior permission of the Director, shall on Conviction be punishable
with imprisonment for a term which may extend to six months or fine which may
extend to fifty thousand rupees or with both, and the school or class so established
shall be closed and students re-admitted to the nearest school.".
3.Amendment of section 18.- In section 18 of the principal Act, after sub-section
(1), the following proviso shall be inserted, namely:
"Provided that from the 31st day of May of the year two thousand, a child who has
not attained the age of six years on or before the 31st day of May of the year in
which the admission of such child is sought, shall not be admitted-to class I, or an
equivalent class or any class higher than class I, in a recognised school.".
"Provided further that a child who has not attained the age of five years and six months
on or before 31st May of the year 1999, shall not be admitted to class I or an equivalent
class or any class higher than class I in a recognised school in the year 1999.".
4. Amendment of section 19.- In section 19 of the principal Act, after sub-section (3),
the following shall be inserted, namely:
"(4) Any person/persons or Society or Trust, as the case may be, which collects fees
or any other charges or receives any other payment beyond the prescribed limit fixed
by the Director, shall be liable to imprisonment for a term which may extend to six
months or for a fine which may extend to fifty thousand rupees or with both, and
fees/charges received as shall be forfeited by the Government.".
5.Amendment of section 23.- In section 23 of the principal Act, after sub-section (2),
the following shall be inserted, namely:
"(3) No court shall take cognizance of an offence punishable under sub-section (4) of
section 4 and sub-section (4) of section 19 of the Act, except on a complaint made by the
Director or any person authorised by him in this behalf.".
_________
--------------------
Secretariat Annexe, B. S. SUBBANNA
Panaji, Secretary to the Government
Dated:1-9-1998. ofGoaLawDepartment
(Legal Affairs).
[(Published in the Official Gazette, Series I No. 22 dated 2-9-1998
(Extraordinary) No. 2)]
Department of Law & Judiciary
Legal Affairs Division
Notification
7-8-99/LA
The Goa School Education (Amendment) Act, 1999 (Goa Act 9 of 1999) which has
been passed by the Legislative Assembly of Goa on 2-8-1999 and assented to by the
Governor of Goa on 28-9-1999 is hereby published for general information of the
public.
P V Kadnekar, Joint Secretary (Law).
Panaji, 5th October, 1999.
The Goa School Education (Amendment) Act, 1999
(Goa Act9 of 1999) [28-9-1999)
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 Fiftieth Year of the Republic
of India as follows:
1. Short title and commecement.- (1) This Act may be called the Goa School
Education (Amendment) Act, 1999.
(2) It shall come into force at once.
----------------
2. Amendment of section 18.- In section 18 of the Goa, Daman and Diu School Education
Act, 1984 Act 15 of 1985).
(i) in sub-section (1), for the expression "1st day of June". the expression "5th
day of September" shall be substituted:
(ii) in the first proviso, for the expression,-
(a) "31st day of May of the year two thousand" the expression "5th day of September
of the year two thousand and one" shall be substituted;
(b) "31st day of May", the expression "5th day of September" shall be substituted;
(iii) second proviso shall be omitted.
Secretariat Annexe, B. S. SUBBANNA, .
Panaji. Secretary to the
Dated: 5-1-1999 GovernmentofGoa
Law Department (Legal Affairs).
(Published in the Official Gazette (Extraordinary) Series I No. 28
dated 7-10-1999).
Notification
7/30/2000/L
The Goa School Education (Amendment) Act, 2000 (Goa Act 26 of 2000), which
has been passed by the Legislative Assembly of Goa on 26-7-2000 and assented to
by the Governor of Goa on 7-9-2000, is hereby published for general
information of the public.
Sharad G. Marathe, Under Secretary (Drafting).
Panaji, 13th September, 2000.
The Goa School Education (Amendment)
Act, 2000
(GoaAct26 of 2000) [7-9-2000]
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 Fifty-first Year of the Republic
of India as follows:
1. Short title and commencement.- (1) This Act may be called the Goa School
Education (Amendment) Act, 2000.
(2) It shall come into force at once.
2.Amendment of section 2.- In section 2 of the Goa, Daman and Diu School
Education Act, 1984 (Act 15 of 1985) (hereinafter referred to as the "'principal
Act"), for clause (u), the following shall be substituted, namely:
"(u) "school" includes a pre-primary, primary, high school and higher secondary
school, and also includes any other institution which imparts education or training below
the degree level, but does not include an institution which imparts technical
education;".
3.Amendment of section 5.- In section 5 of the principal Act, after sub-section (5), the
following sub-section shall be inserted, namely:
"(6) The prescribed authority may, by order, grant recognition to any school which
had not obtained recognition earlier for any genuine reasons if the school
satisfies the conditions specified in the proviso to sub-section (1) and makes an
application in the prescribed form and in the prescribed manner for recognition:".
4. Amendment of section 18.- In sub-section (1) of section 18 of the principal Act,
(i) for the existing proviso, the following proviso shall be substituted, namely:-
"Provided that a child who has not attained the age of five years on or before the 1st
day of June of the year two thousand and one, shall not be admitted to class I, or an
equivalent class or any class higher than class I in a recognised school in the year two
thousand and one:";
(i) after the proviso, the following provisos shall be inserted, namely:
"Provided further that from the 1st day of June of the year two thousand, and two,
a child who has not attained the age of five years and six months, on or before the 1st
day of June of the year two thousand and two, shall not be admitted to class I, or an
equivalent class or any class higher than class I, in a recognised school in the year two
thousand and two:
Provided also that from the 1st day of June of the year two thousand and three, a
child who has not attained the age of six years on or before the 1st day of June of the
year in which the admission of such child is sought, shall not be admitted to class I, or
an equivalent class or any class higher than class I, in a recognised school.".
5. Insertion of new section 29 A.- After section 29 of the principal Act, the
following new section shall be inserted, namely :
"29A. Removal of doubts.- For the removal of doubts, it is hereby declared that not-
withstanding anything contained in any law, rules, regulations, notifications, decree,
order or judgement of any Court, authority or Tribunal, a permission granted prior to
the coming into force of this Act in municipal areas for opening class I or class V in
any school shall be construed as permission to open classes upto IV or X respectively
and the same shall be applicable to Village Panchayat areas after due assessment by
committee appointed by the department of the need for the higher class is carried out."
Secretariat Annexe, R. RAGHURAMAN,
Panaji. Secretary to the
Dated: 13-9-2000. Government of Goa
Law Department (Legal Affairs).
[(Published in the Official Gazettte, Series I No. 23 dated
13-9-2000 (Extraordinary 3))