A 5H!
. TEEMANIPUR SCHOOL EDUCATION BEL, 1979 7
A; passed t's'y'the Legisi'ative Assembly, Manipur on 11-4-79)
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to provide for better organisation and development of school education in Manipur State and for matters connected there- 'EIIHE MANIPUR SCHOOL EDUCATION BILL, 1979
A
" BILL with or incidental thereto. BE it enacted by the Legislature of Manipur in the Thirtieth 'Year of the Republic of India as followed:
1.
CHAPTER I
PRELIMINARY
(1) This Act may be Called the Manipur Education Act, 1979.
(2) It extends to the whole of Manipur State.
(3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed {91' different provisions of this Act,
'éommencement of this Act in relation to any provision thereof s_hall bé constmed as a reference to .the date on which that 'provision comes into force.
2. In this Act, unless the context otherwise requires :—
(a) "Government" means the Government of Manipur; _(b) "Advisory Board" means the Board constituted under section 22 ;
(c) "aid" means any aid granted to' a recognised school by' the Government of Manipur, a locafl authority desig— nated by the Government, or a local authority;
(d) "aided school" means a recognised private school which is receiving aid in the form of maintenance grant from the Government, or local authority or any other authority designated by the Government, or a local authority ;
(e) "appropriate authority" means—
(i) in case of a school recognised or to be recognised
. by an authority designated or sponsored by the Central Government, that authority; and any reference to the
Short title.
extent and
commence-
ment.
Definitions.
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(ii) in the case of school recognised or to be recognised by the Government or any other officer authorised by him in this behaflf ;
(iii) in thencase of a school recognised or to be recog- , nised by the Imphal Municipal Board, that Municipal Board; .,
(iv) in the case of any other school, the Government or any other officer authorised by the Government in this behaflf ;
(v) Board of Secondary Education, Manipur for the purpose of Schools, recognised by it;
(f) "State" means the State of Manipur;
(g) "Director" means the Director of Education, Manipur, and includes any other officer, authorised by the Government to perform all or any of the functions of the Director under this Act ;
(h) "employee" means a teacher and includes every other employee working in a recognised school; (i). "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 was employed in such school for a period of not less than twelve months immediately- preceding the lst January, 1979;
(j) "existing school" means a recognised private school which is in existence at the commencement of this Act ;
(k) "Head of school" means the principal academic officer, by whatever named called, of a recognised school;
(1) "Local authority" means ;—
(i) in relation to an area within the local limits of I the Imphal Municipal Board, that Municipal Board;
(m). "manager", in relation to a school, means the person, by whatever name called, who__is7 entrusted, either on the date on which this Act "come: into force or, as the case may be, under a scheme of management made under section 5, with the management ofxthe affairs of that school; ' . _ _ '
(n) ,Ehhanagingicorrinfittee'?'lmeans :thei'brody of individuals 'whonare: entrustedzawith the management of any recognised private school;
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(p) (q) (r)
(S)
(t) (u)
(V)
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"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;
"notification" mean'3"a notification published in the Officiafl Gazette;
"prescribed" means prescribed by rules made under this Act;
"private schoo " means a school which is not run by the Government, a local authority or any other autho- rity designated or sponsored by the Government, or a local authority;
"public examination" means an examination conducted by the Board of Secondary Education, Manipur which may hereafter be established for the purpose, and recognised by the State Government or any other officer authorised by it in this behalf ;
"recognised school" means a school recognised by the appropriate authority;
"school" includes a pre-primary, primary, middle 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;
"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, equipments, uten- sils, ' cash, reserve funds, investments and bank balances; -
(w) "teacher" includes the Head of a schdol';
(X) "unaided minority schoo " means a recognised mino— rity school which does not receive any aid. ,
Power of Adminis- trator to regulate education Inschools. Recognition of schools.
CHAPTER (III
ESTABLISHMENT RECOGNITION. MANAGEMENT OF,
' ' AND AID TO, SCHOOLS
3. (1) The Government may regulate education in all the Schoolsin Manipur in accordance with the provisions of this Act and may, for this purposes, supersede, amend or modify any decision of the Board of Secondary Education, Manipur, in accordance with the provision of this Act and rufles made there- under.
(2) The Government may establish and maintain any school in Manipuror may permit any person or local authority to establish andmaintain any school in Manipur, subject to compliance with the provisions of this Act and the rules made thereunder, save and except in the case of schools or educational institutions run by or; on behalf of the Central Government or by the authority thereof , (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 higher class or the closing down of an existing class in any existing school in Manipur shall be subject to the provisions of this Act and the rules made thereunder and any school or higher class established or Opened otherwise than in accordance with the provisions of this Act shall not be recognised by the appropriate authority.
4. _(1) rTheappropriate authority may, on an application made to it in the prescribed form and in the prescribed manner, recognise any private school: .
Provided that no school shall be recognised unless—
(a) it has adequate funds to ensure its financial stability and regular payment of salary and allowances to its employees;
(b) it has a duly approved scheme of management as required by section 5;
(c)~ it has suitable or adequate accommodation and sani- ' tary facilities having regard, among other factors, to the number, age and sex of the pupils attending it; ((1) it provides for approved courses of study and efficient instruction;
(e) it has teachers with prescribed qualifications; and
(f) it has the prescribed facilities for physical education, library service, laboratory work, workshop practice or co-curricular activities.
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, (2) 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 applica— tion; and where recognition isflngt granted, the reasons for not granting such recognition shall also be commnnicated to the applicant within the said period. _ ., . .
(3) Where recognition to a school is refused, any person aggrieved by such refusal may, within thirty days from the date of communication to him, of such refusal appeal against such ' refusal appea1,against such refusal, in the prescribed manner, to the prescribed authority and thedecision of the prescribed authority thereon sham be final: V
Providedhthat the prescribed authority may, if it is satisfied that the appellant'was prevented by sufficient cause from pre— ferring the appeal within the said period of thirty days, extend, ior reasons to be recorded by it in writing, the said period bya fiarther period of sixty days. p p ,
7 (4) Where the managing committee of a school obtains trecognition by fraud, misrepresentation or suppression of material particulars, or where, after obtaining recognitibn, the school fails to continue to comply with any of the conditions spécified in the provisionto sub-section (1), the authority granting the recognition may, after giving the managing committee of the school a rea— sonable opportunity to show cause as' to why the recognition granted to such school under shb—section (1) should not be with_'- drawn,w1thdraWn the recognition. .1 1' * _3 '
(5) The recognition granted under sub-section(1)shall hat, by itself,entit1e any school to receiVe aid. ' §— (6) Every existing school shall be deemed to: havebeen recognised under this section and shall be subject to the provision$ of this Act and the rules made thereunder: .
g ' Provided that where any such school doesnotsatisfy any of the conditions specified in the proviso to sub—section (1), the pres— cribed authority may require the school to satisfy such conditions and: such other conditions as may be prescribed, within aspecified period and if any such condition is not satisfied, recognitionmay be withdrawn from such school. , ,
T (7) Every sch'001,whose recognition is withdraiam 11nder sub-section (4) or, sub-section (6), may appeal to the prescribed authority, who shalldispose of the appeal within six months from the date- of presentation of the appeal in such manner as may be (a prescribed, and iftheappealis not disposed of ~withi11 that period, the order for the disposed of Within that period, the order_for the withdravsial of recognition shall, on the expiry of the said period of six months, stand cancelled. .
(8) On hearing an appeal preferred under sub-Sect'rén sub-section (.7),the prescribed authority may, aftei" gi
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Eppefiant a reasonabTe opportunity of being heard, confim medify or reverse the order appealed against. ' '5. '(1) Notwithstanding anything contained in any other law £01? thetime being in force or in any instrument having effect by virtue of any such law, the managing committee oi every recog— _ nised 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 schoolwhich .. 3: does not receive any aid, the scheme of. management shall apply ' f with such variations and modifications as may be prescribed:
oProyided further that so much (if this sub—section as relates to the previous approval of the-appropriate authority, shall not L apply to a scheme of management for an unaided minority school. (2.) A scheme may be made, in like manner, to add, to vary or modify any scheme made under sub-section (1).
6. (1) The Government may, subject to such cbnditions as may be prescribed, give grant—in-aid to recognised private schools, not beihg primary schools recognised by. a local authority; such sums of money as that Gweminent may consider necesSary:
Provided that no existing school receiving, (immediately.- before the commencement. of this Act, raid shat]. Be eligible for the. com tinuance of such aid unless it complies, withinsuch period as may bespecified by the Director. withthe conditions specified in the previs'o t'o sub-'sectiun (1) of sectiq'fi 4'.
(2) The "nuflidtity cornpeteifi to grant flteafimeyStep,reduce es mpend éitt fer vielatiOn of any of me éondifiané prescnfiéa in this behalf. /
(3) The air! may cover 11th part of the expendi'hire of the m131 hey be premiseda
(41) Ne payment, E1111: ef- the em $1661:11;: Salary}gum and prevfiim 111mlJ efi einfilbyées 0fthe school shaltbe iiaaée hit any other purpose.
(5) N6 aid shall be given to a echoql}the mahegement of whieh he's been taken evef tifide'r section 26.
(8) No uhfieebghieédf school shall hedifibléiii receive 311?
11131 6!333} bénéiitnié'dé 3153131319 to' private séfiéols _93the vaéi'fii- thin? or ah? 21393101}6% theGovernment .
CHAPTER I11."
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'7. (1) The management of every aided school shah furnish School to the appropriate authority, initially, at the time of grant of aid; property and thereafter annually, a statement containing a list of school property together with such particulars as may be prescribed.
(2) 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 the 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 per—_ mission shall, on the expiry of the said period of sixty days, he (ieemed to have been granted.
. '(3) Any person aggrieved by the; ggantr-pr [refusal .ofvper- mssienunder sub—section (2) may pnefer, in such fomi- and within sad:timeas may befirescribed, eppeafl totheGovemment against 'such grant or refusal of permission and the decisibn of the Government thereon shaJl be final.
(A!) Anytrah's'aetifm made incontravention oithegrevmohsdfi suksect'ion (2), or, as the case may be, decisi'an- of theGGVe-rnment shall be void.
CHAPTER IV
=' "Nsosseemcnenmmtmsm mmmnPRIVAIE scfinoLs , 8: (II The Girvemment may make rules iegulafingthe mini-nanditig?
'qualifications fer reermhmmt ahflthé Conditions at Servit'te,3nf bf ivat'e séfiébls. f1
Provided thét name!- the sal'afiy northe rights in mm.(if; 331::
leaye of éb's'e's'ee,ageat retirement and 'pénsm'n asamen'mimhee hit the em , yment of 613emscheol gt thecomamanentof thisZE'T' shear he vaneé tab the mdvantams of flies emtiiayeezs - Pnoyided further that everySuch emphyeeShall Be: entitled ts,opts»: teem;andscondmpna9f.We as they wiére applicafiit to him immediately Before the commencement of this Act. _
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Employees to he go- - verned by a Code of Conduct. Salaries of employees.
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(2) Subjectto any rule that may be madein this behalf, no em- ployees of a recognised private school shall bedismissed, removed or reduced in rank nor shall his service be otherwise terminated except With the prior approval of the Director.
(3) Any employee" of a recognised private school who is dismissed, removed 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 Tribunal constituted under Section 11.
A (4) 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 with the prior approval of the Director: - Provided 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 . « necessary by- reason of the gross misconduct, Miithin the mefi ' _ of the Code of Conduct prescribed under Seetion 9, of 3"?) employees: . ' _'a
'" Provided further that no such immediate" suspension' shall remaui in force for more than a'period of fifteen days from the7 date of suspension unless it has been communicated to the Director and approved by him before the expiry of the said period.
(5) Where the intention to suspend, or the immediate suspen- sion 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: : ,1 v
9. 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
10. (1) The scales ofpay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private School shall not be 1eSs than those of the employees of the corresponding status in schools run by the appropriate authority:
Provided that where the scale of payand allowances, medical facilities, pension, gratuity, provident fund and otherprescribed benefits of the employees Qf any recognised private School are less than those of the empleyees of the corresponding status in the schools run by the appropriate authority, the apptopriateauthority shall direct, in Writing, the managing committee of.sueh schoolto bring the same up to the level of those 9f the employees of the - corresponding statusin schools run by the appropriate authority:
Provided further that the failure tocomply with such direction shall be deemed to be non-comphance with the cond1t1ons for contimiing recognitionof an existing schooland the prowsionsof Section 4 shamapplyaccordmgly '
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(2) The managing committee of every aided school shall depOsit, every month, its share towards pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits with the Government and the Government shall disburse, or cause 'to be disbursed, withinihe first week of every month the salaries and allowances to the employees of the aided schools. 11, (17)» The Government shall, by notification, constitute a Tiibunal, to be known as the "Manipur School Tribunal", consisting of one person:
99 (2) If any, vacancy, other than a temporary absence, occurs in the office of the presiding officer of the Tribunafl, the Government shall appoint another person, in accordance with the provisions of this section, to fill the vacancy and the proceedings may be conti- nixed before the Tribunal from the stage at which the vacancy is filled.
:9], (3) The Government shall make available to the Tribunal such as may be necessary in the discharge of its functions under I this Act.
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(4) 'All expenses incurred in connection with the Tribunal shall be defrayed rout of the Consolidated Fund of Manipur. ('5) The Tribunal shall have power to regulate its own pro- cedure in all matters arising out of the discharge of its functions including the places at which it should hold it sittings.
(6) TheTribunal, shall, for the purpose of disposai of an appeal preferred under this Act, have the same powers as are vested in a court of appeal by the Code of Civil Procedure, 1908 and shall also haVe the power to stay the operation of the order appealed against on such terms as it may think fit"
12. Nothing contained in this Chapter shall apply to an unaided minority school. ' '
Tribunal.
a CHAPTERV
"PROVISIONS APMCABLE- TOA UNAIDED: MINORITY _ ' SCHOOLS ' , "
Pom}? 13' The Govermnent mayhmake rules regulating the mminmm maimum qualifications for, and method of, recruitment Of employees, of'r qmfiflca- unaided minority schools:
tionsfor ' V V
"c'u'tmem' ' Provided that no qualification shall be varied: to the ; dis,- '7 advantage of an existing employee of an unaided minority school. Power to . . . 1 p 'be 14. Every employee of an unalded mlnorlty school shall be Code of governed by such Code of Conduct as may be prescribed. Conduct.
€011ng of V '15. (1) The managing committee ,of evet'y gnaidedfminoliie'tyr' '"Vlce- school' shall enter into a written contract of service With every employee of such school:
iProvided that if, at thercommenc'ement 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 aperidd of three menths
from such commencement: '
Provided further that no contract referredeto injhe 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 managing committee.
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(2) A copy of every contract of. service referred to in sub— section (I)"sha11 be forwarded by the managingcornmittee {of the- concerned unaided minority school to the GOVéffir-he'nt 'Who'shall,¥on receipt of such copy, register it in such manner as may be pres- ' cribed.
(3) Every contract of service referred to in sub—section (1) shall provide for the following matters, namely :—
(a) the terms and conditions of services of the employee, including the scale of pay and. othe 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 medical and otherbenefits to which thevemployee shall be entitled;
(c) the penalties which may be imposed on the employee 7 for the violation of any Code of Conduct or the breach of any term of the contract entered into by him;
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(d) the manner in which diserphnaryproceedings in rela-/_ 'tion' to the emponéeshall be ébhdu'ctieaaha tfifi procedure Which shall befolFO'Wed befOreanyem; ployee is dismissed, removed from serVIceor tech -. in rank; > $6111.. , _ ""3?
(e) arbitration of any dispute arising out of anyybbreach'o'ffi contract between the employees and thenrmanaging' committee with regard to—— ' ' V . 7 '
(i) the scales of pay and other allowances,
(ii) leave of absence, age of retirement, pension, gra- tuity, provident fund, medical and other benefits,
(iii) any disciplinary action leading to the dismissal or removal from serviCe or reduction in rank of the employee;
(f) any other matter which, in the opinion of-the mana- ging committee, ought to be, or may be, specified in such contract. ' .
CHAPTER VI
ADMISSION T0 SCHOOLS AND FEES
16. (1) A child who has not attained the agerbf fiyé'ryeafE,"
shall not be admitted to class I, or an equivalent class or any class higher than class 121'} a recognised schooI.
(2) A student seeking admission for the "first'tinié i113; recognised school in a class higherthan 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 cIassI oranequivalentclass falls short of five years.
(3) Admission to a recognised school or to any class thereof shall be reguIated by rules made in this behalf -* , 17 (1) No aided school shall levy anyfee orcolIeetany other charge or receive any other payment except those spetnfiefl:
by the Government.
(2) Every aided school having different rates of fees or other charges or different innds Shall Obtainprior approval of the pres— cribed authority before levying such feesor cOlIeoting such charges?
or creating such funds.
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Schools F nd
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(3) -The manager of every recognised school shall, before the commencement of each academic session, file with the Government hill statement of the fees to be levied by such school during the 1 ensuing academic session, and except with the prior approval of the Government, nqfinch school shall charge, during that academic session, any fee in excess of the fee specified by its manager inthe said statement.
18. (1) In every aided school, there shall be a flund, 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
(c) any other contributions, endowments and the like.
. ' (2) The School Fund and all other funds, including the Pupils' Fund, established with the approval of the Government, shall be accounted for and operated in accordance with the rules made under this Act.
I (3) 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 schools by way of—
(a\ fees,
(b) any charges and payments which may be realised by ' the school for other specific purposes, and
(c) any other contributions endowments, gifts and the like.
(4) (a) Income derived by 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 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.
19. (1) For the purpose of any public examination every recognised higher secondary school shall be affiliated to one or more of the Boards or Council conducting such examination and hall fulfil the conditions specified by the Board or Council inthis 1ehalf.
(2) The students of recognised higher secondary schools shall be, prepared for, and presented to the public examination or such ether form of evaluation held or made for the students of such schools. 4 .
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(3) The students of every recognised middle school shall be a ~1ar,.amtmesez1ted.,tm such public egaminatiOn as maybe $32: tha:'Dflectht§te thiEdilcatihn,,-Manipur fer the students 915
(4) Every student of a**r§ébgnised primary school shall be re ted for, and- presented to, the public examination held by a gcfauthority competent to hold such examination for the students oi} stich' schools. » ' '
CHAPTER VII
TAKING OVER THE MANAGEMENT OF SCHOOLS
21L (1) Whenever the Governmentissatisfied that the managing committee ()1: manager of any school, whether recognised or not, 158's "neglected to perform any of the duties imposed on it by or under this Act or any rule made thereunder and that it is expe- dient in the interests of school, education to take. over the management of's'uch school, it may, after giving the managing éom'mittee 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: '
Providedfthfat where the management of a school has been taken over for a period Of'three years or less, the Government may, if it is of opinion'that inorder to secure proper management of the s'éhOol it"is" expedient that such management should continue to Win force after? the expiry of the said' limited period, it may, from time to time, issue directions for the continuance of such management for such period not exceeding one year at a time as itCmayithink 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 the Government or any officer authorised by it in this behalf.
(3) After taking over the management of any school under this section, the Government may arrange to manage the school through the Director or any other person authorised by the Direc— tor in this behalf hereinafter referred to as the "authorised officer".
(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, appeal to the Government, which may after considering the repre- sentation made by the managing committee or the manager, pass Taking' cv-
the
men! of
schools.
Section 80 net to apply to Iu'nority schools,
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such orders, including an orderior the restoration 01 the management or for the reduction of the 'period during which the management. 01 such school shall remain vested in the Government, as. he may deem fit. W
(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 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—
(a) the service conditions, as approved by the Government, of the employees of the school who were in employ- ment 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 Pupils' Fund and the Manage- ment Fund and any other existing fund shall continue to be available to the authorised officer for being spent for the purpose of the school; and ((1) no resolution passed at any meeting of the managing committee of such school shall be given effect to unless approved by the Government.
21. Nothing contained in section 20 shall apply to any:
minority school.
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CHAPTER VIII
MISCEiEANEOUS
22. (1) There shall be an Advisory Board for school eduoa- Manipu- tion, to be called the "Manipur School Education Advisory Boar " 5011001! for thepurpose of advising the Government on matters of policy 3m"
relating to education in Manipur. ' ' Board.
(2) The Advisory Board shall be constituted by the Government and shall consist of a Chairman and fourteen other members, to be nominated by the Government.
(3) The Advisory Board constituted under sub—section (Q) shall include—
(a) heads of recognised private schools—Z;
(b) representatives of the organisations of teachers of the recognised private schooIs—Z;
{c} managers of the recognised private schools—2; {6.) representatives of parents or guardians of students of recognised private schools—3; '
7+3; eminent educationists-42 and
(f) 3 members of the Legislative Assembly.
(4) The Advisory Board shall regulate its own procedure.
(5) The terms of office of every member of the Board and
travelling and other allowances payable to a member o f the Board
shall be such as may be prescribed by the Government.
23. (1) The Government may delegate all or any of its powers, Dele gation
duties and functions under this Act to the Director or any other 0' Dower!-
officer.
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' "(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 h im
directly by this Act and not by way of delegation.
724. _'(11) Every recognised schoo1~~shall ~be finspectedarat leastrflnspectioncf one in each financial year in such manner as may be {m?eribe'd. 5° °°h
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16' {2) The Director may also arrange special inspection of any 311001 on such aspects of its working as may, from time to time, Be considered necessary by him.
_ (3) The Directee—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. V If the manager fails to comply with any direction given gndeifsubésection (3), the Director may, after considering the fiplanation 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 a minority school, taking over of the school under section 20. '
{0:"Ei'if'c'ig 25. No civil court shall have jurisdiction in respect of any gm?" 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 empowereii 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. ' Protection of '26. No suit,' prosecution or other legal proceeding shall lie action talgen against the Government, Director or any other person authorised by
"3°" "'1' the Government or Director for anything which is in good faith done ' orrintended to be done in pursuance of this Act or any rule made thereunder.
liability of 27. If. the manager of_ any recognised private school— mpgato A .' '
Mahmom. ,
' (a) omits or fails, without any reaSOnable excuse, to carry out any orders made by the Tribunal, or
(b), presents, any student for .any public examination with- out complying with the provisions of section 19, or
(e) omits or fails to deliver any school property to the Government or any officer authorised by the Govern- ment under sub—section (2) of section 20, . he shall be punished with imprisonment for a term which may Vegtgnd'to three months, or. with fine, which may extend to one , ' " " augmp'iees, or, With bath, ' It{a
17
*1?
wii? a." "fix? Qhe @611e'rnm'ant _ may, subject it's 151.1er condition of PW '0 previous publicatiom by notificatiefi' in the Gfl'iciafl gazette, make rules to carry out the provisions of this Act.
Er". fikmlflf. afid'iwiflmt prejudice to the generality
of e forego power, such mics may previde fer all or any of ' the following matters, namely :—
(5)1111: manner in Iwh'ich' edugation may be regulated by the Gavemnent of Manipur;
(b) the conditions which every existing school shall be required to apply; , ,
(c) establishment of a new school or the opening of a higher dass m- the' elosing down of an existing class in an existing school;
' (d)'the~1£6rm and manner in which an alipiication for ' recognition of a school shall be made; ('6) the. Mia té'be Wed by a» seaboi to obtain recognition;
- (n the ma micagmd thaamaomwo which, an appealegaiaststhe refusal or withdrawal of recogni- tion shall be made;
'3) the ~ maimum' 'Qnglificafians_ .102, and method of recruitment, and the terms and conditions of service 9f emplnyees; _ . . -
(h) the authorities to be specified for the purposes of the difiersnt provisiphs 0: this Act; ,
(i) the particulars which a scheme of management shall F%tflim end the mime? in Which such scheme shall be made ;
mi warmiahsandjmoaifieéaons'whiai may 1;? made in ' ' "the" 'Séheme of management for' a recegniseg $655661 which does not receive any aid; 7' "
(k) thetcon'ditiona under which aid :- may be grmmdétfo ~~recognised schools,.'and on .the violation of which aid may be stopped, reduced or suspended; * .~ 1 ' ' (l) 'the part ~of the expenditure 01'- 'a recognised :'s'ch'ool which is to be covered by aid'; ' " " .' ' '
.9
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(m) particulars of school property which should be fur- nished to the appropriate authority;
(n) the form in which, and the time within .w hich, an
appeal shall be preferred to the Government agains tan
order made in relation to the transfer, mortga ge or
lien of any school' property;
(0) the Code of Conduct for the employees an d the dis-
ciplinary action to be taken for the violation ther eof;
(p) the benefits which should be granted to the employee s
of recognised private schools ;
(q) admissions to a recognised schools;
(r) fees and other charges which may be colle cted by an
aided school; v
(s) the manner of inspection of recognised s chools;
(t) the term of office, travelling and ot her allowances
payable to the members of the Advisory Bo ard;
(u) financial and other returns to be filed by the mana-
ging committee of recognised private scho ols, and the
authority by which such returns shall be a udited;
(v) educational purposes for which the inc ome derived by
way of fees by recognised unaided schools be spent;
(w) manner of accounting and operation of school funds
and other funds of a recognised private school;
. (x) fees, not exceeding one rupee, for pr eferring any
. appeal under this Act; ~
(y) any other matter which is to be, or may be, prescribed
under this Aet; '
(3) Every. rule made under this Act shal l be laid. as soon as
may be after it is made, before the Mani pur Legislative Assembly
while it is in session for a total period o f thirty days which may be
comprised in one session or in two or mo re successive sessions, and
if, before the expiry of thejsession immedi ately following the session
or the successive session "aforesaid, the h ouse agree in making any
modification in the .rule or the house agr ee that the rule should not
be made, the rule shalfl thereafter have ef fect only in such modified
form or be or no effect, asthe case may be ; so, however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under t hat rule.
19
Power to 29. If any 'difficulty arises in giving efiect to the provisions of remove. this Act, the Government may, by order not inconsistent with dlflicumes' the provisions of this Act, remove the difficulty: . Proviiled that no sueEorEier shall be mafie after the Expiry Of a period of two years from the commencement of this Act. J