Odisha act 014 of 1998 : The Orissa Education Act, 1969

ginvor Sar as

GOVERNMENT OF ORISSA

THE ORISSA EDUCATION ACT, 1969

(As modified up to the 31st May, 1995) [ Price—Rs, 9:00 ] LAW DEPARTMENT

THE ORISSA AIDED EDUCATIONAL INSTITUTIONS(APPOINT.MENT OF LECTURERS VALIDATION) ACT, 1998

TABLE OF CONTENTS

PREAMBLE

SECTIONS

1, Short title

2. Definitions

3. Validation of certain appointments.

eam TheveOrissa'

abe hen. cus EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1333 CUTTACK, SATURDAY, OCTOBER 17, 1998/ASWINA 25, 1920 eS —<

LAW DEPARTMENT

NOTIFICATION

The 17th October, 1998 No, 16146 Legis.—The following Act of the Orissa Legislative Assembly having beea assented to by the Governor on the 10th October, 1993 is hereby published for general information. _ ORISSA ACT 14 OF 1998

THE ORISSA AIDED EDUCATIONAL INSTITUTIONS

(APPOINTMENT OF LECTURERS VALIDATION) ACT, 1998

AN ACT TO VALIDATE THE APPOINTMENTS OF CERTAIN LECTURERS OF AIDED

COLLEGES AND JUNIOR COLLEGES IN THE STATE.

Bz it enacted by the Legislature of the State of Orissa in the Forty-ninth Year of the Republic of India as follows :—

Short title. 1. This Act may be called the Orissa Aided Educational Institutions {Appointment of Lecturers Validation) Act, 1998.

Definitions. 2. In this Act, unless the context otherwise requires,— (a2) "aided College" means an aided educational institution whichis a College;

(6) "aided Junior College" means an aided educational institution which is a Junior, College;

{c) "Education Act" means the Orissa Education, Act, 1969; Orissa Act (@) "Selection Board" means the Selection Board constituted under the Education Act;

(e) words and expressions used but not defined in this Act shall have the same meaning as respectively assigned to them in the Education Act orthe rules framed thereunder,

Validation 3. (J) Notwithstanding anything contained in the Education Act or in the of certain rules framed thereunder, the Lecturers of aided Colleges and aided Junior Colleges = who have been appointed on temporary basis against approved or admissible ° posts by the concerned Governing Bodies during the period between the Ist January, 1985 and the 3lst December, 1992 and are continuing as such, having the requisite qualification prescribed to hold such post andare. in payroll of the concerned College against the said approved or admissible post, as the case may be, shall be deemed to have been validly and regularly appointed, and no such appointment shail be challenged in any Court of law merely onthe ground that such appointment was made otherwise taan in accordance with the procedure jaid down in the Education Act or the rules framed thereunder :

Provided that the validation of the appoiatments as aforesaid shall not put Persons already appointed regularly and validly or persons who may be appointed onthe basis of the recommendation made by the Selection Board prior to the commencement of this Act, in a disadvantageous Position in any manner whatsoever.

(2) The Lecturers whose appointments are so validated shall be governed by the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 1994 for the purpose of their catitlements, but they shall be entitled to receive grant-in-aid towards their salary cost only as per the scale ofpay admissible to a non-Government College Lecturer from timeto time, with effect from the date of commencement of this Act.

Explanation.—The expressions "admissible post" and "approved post" shall have the same meaning as respectively assigned to them inthe Order referred to fn sub-section (2) of this section.

By order of the Governor

G. C. MOHANTY

Secretary to Government Printed and Published by the Director, Printing, Stationery and Publication, Orissa, Cuttack-10 OGP/SBP.—Comp.21-10-1998 and Print 22-10-1998—Bx-Gaz, 947—207-+-2080

Orissa Acr 15 oF 1969

THE ORISSA EDUCATION ACT,1969

CONTENTS

PREAMBLE

SECTIONS

1. Short title, extent and commencement

2. Actnot to apply to certain institutions

3. Definitions 4, Establishment and recognition of educational institutions

5. Permission for establishment of educational institution

6. Recognition of educational institution 6-A. Condition for recognition 6-B. Withdrawal of recognition

7. Managing Committee or governing body of educationalinstitution 7-A. Supersession and reconstitution of Managing Committee or governing body 7-B. Appointment of qualified teacher

7-C. Grant-in-aid

7-D. Withdrawal of grant-in-aid

7-E. Prchibition of establishment and recognition ofcertain institution 7-F, Government not bound to accord permission for establishment of or recognise certain training Schools and College.

8. Managementto send list of properties

9. Restriction on alienation of property of aided institutions

10. Conditions ofserviceof the staff of aided institutions 10-A, Services of teachers of aided institutions nct to be terminated without approval 10-B. Certain institutions notentitled to aid

10-C. Constitution of common cadre and its consequences

10-D. Government's powerto issue orders during the period of transition

11. Pupils strength

12. Accounts and audits

13. Managementnotto discontinue institution

14. Inspectionofinstitutions

15. State Advisory Council of Education

16. District School Board

47. Incorporation

18. Resignation of membefship

19. Filling up casual vacancy 20, Executive Officer of the Board

21. Functions of the Board 22, Board's fund

23. Orissa Education Development Fund 23-A. Recovery of dues

24. Formation of Co-ordination Committee 24-A. Constitution of Tribunal

25. Vacancy notto invalidate proceedings of the Board 26, Indemnity

27. Power to make rules 28, Savings

ANNEXURE I

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Orissa Act 15 oF 1969 '| THE ORISSA EDUCATIONACT,1969] [Received the assent of the Vice-President acting as President on the 28th May 1969, first published in an extraordinary issue of the Orissa Gazette dated the 21st June 1969 }

AN ACT TO PROVIDE FOR THE BETTER ORGANISATION AND DEVELOPMENT

OF EDUCATIONAL INSTITUTIONS IN THE STATE

BE it enacted by the Legislature of the State of Orissa in the Twentieth Year of the Republic ofIr cia, as follows :— CHAPTER-I

PRELIMINARY"

Shortte 1. (1) This Act maybecelled the Orissa Fcucation Act, 1969. ee (2) It extends to the whole of the State of Orissa.

(3) It shall come into force on such date as the State Govern- ment may, by *notification, appoint in that behalf. Act not to 2. Nothing contained in this Act shall apply to educational weeaini- institutions of their choiceestablished and administered by minorities tutions, having the right under clause (1) of Article 30 of the Constitution:

*[Provided that the State Government may by notification apply or adapt to an educationalinstitution established and administered by minorities, such of the provisions of the Act, so however that the rights under Article 30 of the Constitution are not infringed'. Definitions '[3. In this Act, unless the context otherwise requires,— (@) "Advisory Council" means the State Advisory Council of Education established under Section 15 ;

*[ (6) "Aided educational institution' means private educational institution whichis eligible to, and is receiving' grant-in-aid from the State Government, and includes an educational

institution which has been notified by the State Government to receive grant-in-aid ;]

'@) "College" means an educetionalinstitution imparting instruc- |< tions in higher' general education 'leading to any degree conferred by any of the Universities established under the Orissa Universities Act, 1989 ;

1, 1s For:Statementof Objects andReasons, see Orissa Gazette, extraordinary, dated the 1st July 1968 (No.-722) and for Report ofthe Select. Committee, see ibid, dated the 26th February 1969 (No. 550).2- Came into: force w.e.f. 15th October 1969—vide Education Department NotificaiionNo. VEMG., 205/68-24757, dated the 15th October 1969, published in the Orissa Gazerte, datedthe 31st October 1969,Pt. Ill, P. 981.

3. Added by the Orissa Act 6 of 1984, s. 2 '4, Substituted by the Orissa Act, 15 of 1989, 8.2, s t5. Substituted by the Orissa Act, 13 of 1994, 8. 2Xi) : a peerereerernerer

Orissa Act

5 of 1989,

See. 3—Contd.

(e) "Director" means the Director of Higher Education, Orissa,

the Director of Elementary Education, Orissa , the Director

of Secondary Education, Orissa or the Direc tor of the State

Council of Educational Research and Train ing, as the case

may be, having jurisdiction as determined by the State

Government from time to time over the concerned educa-

tional institutions and iucludes any o therofficer not pelow

the rank of a Deputy Director who may be authorised by

the State Government from time to ti me py general or

special order to perform all or any of t he functions and

exercise all or any of the powers of the Director under,this

Act as the State Government may, by not ification, specify

in that behalf ;

¥f (e-]) "education circle' means an area as the State Govern-

ment may, bynotification, declare as such for the purposes

ofthis Act ; ]

a{(f) "Educational Institution" means any College or a Junior

College or a Higher Secondary School or any other School

defined in this Act or any institution impa rting technical and

professional education, special education and includes all

movable and immovable roperties of s uch School or

College, as the case may be ;

(g) "existing educational institution'? me ans an educational

jnstitution which has been recognised by t he State Govern-

ment before the commencement of the Or issa Education

(Amendment) Act, 1989 and is continui ng as such at such

commencement;

(A) "governing body" means any body o f individuals, by what-

ever name designated, in which the management of @

College {or a Junior College or a Highet Secondary School,

as the case may be] vests ;

@ "High School" means an educational institution imparting

instructions in standards or classes VIII to X leading to the

High School Certificate Examination and may have the

standards or classes of Upper Primary School attached

to it ;

(j) "Higher Secondary School" meats an educational]institution

imparting instructions in higher seco ndary course as defined

in the Orissa Hie Secondary Educa tion Act, 1982 andOrissa Act may have standar

{(j-1) "Junior College" means an edu cationalinstitution impar-

ting instructions in Higher Second ary courses as defined in

the Orissa Higher Secondary Act, 19 82; ]

(k) "Managing Committee" means an y body of individuals, by whatever name designated,in whic h the management of a

school vests ;

IrsWytheOreotof198, 8. 20D Inserted Soon, 13 of 1994,

8.2. @)

"Establish- ment and recognition of

educational institutions. Sec. 4

() "Upper Primary School" means an educatjonalinstitution imparting instructions in standards or classes VI and VII and may have the standards of Primary Schoolattached tout;

(m) "prescribed" meansprescribed by rules ; f(m-1) "prescribed authority"? meansthe authority to be notified by the State Government from time to time in the official Gazette ;]

(#) "Primary School" means an educationalinstitution imparting elementary standard of education comprised in standards or classes I to V ;

(0)private educational institution' means any educational institution which is not established and managed by Govern- ment of Orissa. the Union Governmentor the Government of any other State ;

(p) "recognised educational institution'" means any private educational institution which is, or has beeN, recognised ?[underthis Act]

(q) "Rules" means rules made under this Act ;

(P) "Tribunal" means the Tribunal or a Tribunal, as the case may be, constituted 'funder section 24-A"' ] 4[(s) "Technical and professional education" means any courses of study in engineering, technology, architecture, mining, fine arts, law, management, library science, or any other subject which maybenotified by the State Government jn this behalf ;

Explanation:—An Educational institution imparting Shastri, up- Shastri, Madhyama and Prathama courses of Shri Jagannath Sanskrit University shall be deemed to be a College, a Higher Secondary School/ Junior College, a High School and an Upper Primary School respec- tively for the purposesof this Act].

CHAPTERII

ESTABLISHMENT, MANAGEMENT AND CONTROL OF EDUCATIONAL

INSTITUTIONS

4. (1) The State Government may regulate the primary and other stages of education in Government and private educational institutions.

(2) The State Government shall take, from timeto time, such steps as they may coMsider necessary or expedient for the purpose of providing facilities for general education, special education,'[technical and professional education] and for training of teachers.

. Inserted by the Orissa Act 16 of 1991,s. 2 (ii) .. Substituted by the Orissa Act 13 of 1994,s. 2 (»)

. Added byibid,s. 2 (vi) }. Substituted by the Orissa Act 15 of 1989, 8.3 » Inserted by the Orissa Act 13 of 1994, 8.3 (i)

(See. 5)

(3) The State Government may, for the purposes of Providing such facilities,—

(@establish and maintain educational institutions;

(6) permit any person or body of persons, to establish and maintain educational institutions and recognise such inStitutions when so established in accordance with the Provisions of this Act.

(4) The prescribed authority shall communicate the orders granting permission and recognition to the concerned person or bodyofpersons].

(5) After the commencement of the Orissa Education (Amend- ment) Act, 1989, the establishment and recognition of any private educational institution shall be Subject to the provi- Sions of this Act and the rules made thereunder.

(6) All existing educationalinstitutions shall be deemed to have been established in accordance with this Act]. 2[* * * *]

Permission *[5. (1) No private educational institution which requires recogni- teatof" tion, shall be established except in accordance with the provisions of ducational this Act or the rules made thereunder,

institution.

(2) Any person or body ofpersons intending to,—

(a) establish a private educationalinstitution; or

(6) open higher classes, new streams, new optional subjects, additionalsections or increase the numberof students to be admitted or introduce Honours Courses in new subjects in a recognised private educationalinstitution; or

(c) upgrade any such institution, may make an application to the prescribed authority within such period and in such manner as may be prescribed for grant of permission therefor:

Provided that in respect of applications which were fending on the date of commencement of the Orissa Education (Amendment) Act, 1994, the arplicants shall be allowed a period ofthirty days to submit revised applications in accordance with the provisions of this Act,

(3) The applicant along with the application for Permission, shall furnish an undertaking that in the event of permission being granted,—

(i) adequatefinancial provisionshall be made for continued and efficient maintenance of the institution;

(ii)the institution shall be located on the lands specified in the application and that such lands are located in sanitary and healthy surroundings;

(iii) the building, playground, furniture, fixtures and other facilities Shall be provided in accordance with the provisions of this Act and rules prescribed therefor; and

1. Substitute' by the Orissa Act 13 of 1994 s. 3 (ii)

2. Omitted by the Orissa Act 15 of 1989, s. 4

3. Substituted by the Orissa Act 13 of 1994, s, 4

"Recognition of educa- tional insti- tution.

Seth,

(Sec. 6)

(iv) all the requirements laid down bythe Act, the rules and orders, if any, issued thereunder shall be complied.

(4) Every such application shall be supported by an affidavit attesting the fact that all information furnished therein are true and correct to the best of knowledge of the applicant.

(5) The prescribed authority shall scrutinise each application, consider the applications which are found complete in all respect and have been made in conformity with the Act and rule made thereunder and thereafter may make such inquiry as he may deem necessary. Heshall make a report in respect of each application with his recommenda- tions which shall be placed before the Committee constituted in this

behalf by the State Government.

(6) If the Committeeis satisfied that the educational needs of the localarea justify the establishment of an educationalinstitution that the place where the educationalinstitution is Proposed to be established is likely to best serve the educational needs of that area, that the locationofthe educational] institution is not otherwise objectionable and thatPermission may be granted to any person or body of persons, the Committee shall make an orderto that effect specifying the conditionsto befulfilled by such agency,

(7) The order made by the Committee shall be communicated to the applicant by the prescribed authority in such manzer as may be prescribed.

(8) Any applicant aggrieved by an order Tefusiug to grant permis-sion may within one month from the date of receipt of such order, Prefer an appeal before the State Government whose decision thereonShall be final and binding:

Provided that provisions of sub-sections (3), (4), (5), (6), (7) and(8) shall mutatis mutandis, apply to applications for Purposes specifiedin clauses (b) and (c) of sub-section (2).

(9) When a new private educational institution is established in'accordance with the permission granted underthis section the fact ofsuch establishment shall be rerorted by the Agency to the prescribedauthority forthwith and in any case notlater than forty-five days fromthe date on which theinstitution starts functioning.

(10) Where @ new private educational institution in relation towhich permission has been accorded under this sectionfails to Startfunctioning within 45 days from the date of commencement of the academic year following the date on communication of the order ofpermission, the permission so accorded, shall lapse:

Provided that the prescribed authority may, for good andsufficient

reasonsextend, on application, the date from which the educationalinstitution shall start functioning for such period not exceeding beyond thefirst day of the following academic year]."?

16. (1) An application for recognition of a private educationalinstitution shall be made to the prescribed authority on or before the 30th November of the academic year in which theinstitution starts functioning:

1, Substituted by the Orissa Act 13 uf 19945. 5

(Sec. 6—contd.) Provided that no application for recognition filed before comm ence>

ment of the Orissa Education (Amendment) Act, 994 shall be tejecte d

only on the ground that it has not beenfiled within the da te specified

in this sub- section.

ExplanationAcademic year means a period of twelve mont hs

beginning with the Ist day of June and ending with the 3 {st day

of Mayof the next calendar year.

(2) No private educational institution shall be eligible for recogn i"

tion unless it has been eStablished with prior permission under th is Act.

(3) Every application for recognition shall be made in the prescribed form accompanied by such docurrents and information as may beprescribed. The applicant shall furnish a statement in dicating

the extent to which conditionsspecified in the order granting permiss ion

and conditions for recognition as specified under Section 6-A have been fulfilled. Every such application shall be supported by an affidavit attesting the fact that all information furnished therewith a re true and

correct to the best of the knowledge of the deponent. ay The prescribed authority shall scrutinise the applications. Such

of the applications as are foundto be complete in all respects an d have

been submitted in conformity with the provisions of the Act and t he

rules framed thereunder shall be considered, and thereafter the pres-

cribed authority shall inspect or cause to be inspected the educational institution in respect of Which recognition has been applied for, an d

shall make a report with his recommendations which shall be placed

before a committee constituted by the State Government in this behalf.

(5) The State Government may constitute one or More committees for consideration of applications for recognition and such Committee may be constituded for the whole State or foy any part thereof or for

different categories of private educational institution and may make regulations for conductof business of such committees.

(6) The Committee shall consider the application for recognition together with the teport and the recommendation of the prescribed authority and maycall for such additional information or may direct

such further inspection asit deems necessary. The Commi ttee having

considered all aspect shall make an order cither granting recogn ition,

or temporary recognition with or withont conditions, or re jecting the

application for reasonsto be recorded. The prescribed authority shall communicate the order made by the Committee in such manner an d

with such particulars, if any, as may be prescribed.

7) If the permission to establish a private educational Institut ion

is found to have been obtained by fraud or by misrepresenta tion of

facts or through false declaration, the Committee constituted under sub-section (4) may refuse to recognise such institution.

(8) The Committee may refuse to recognise 4 private educational institution which has been permitted to be established if it is found

uilty of improper compétetition with other educational institu tions or

of deliberate violation of any Provision of this Act, the rules or any

direction duly issued by the State Governmentor the Di rector.

cet (See. 6—Contd.)

(9) Where a private educational institution has not fulfilled the conditions for recognition in regard to land, building and furniture but the committeeis satisfied that it has made reasonably adequate provisions for accommodation and imparting education, it may decide to grant temporary recognition for a period not exceeding one year at a time and not exceedingfive years in aggregate. The application for extension of temporary recognition shall be made and considered in the same manner as an application for recognition and no extension of temporary recognition shall be granted unless the committee is satisfied that applicant has taken reasonable measures to fulfil the conditions for recognition and that there has been no deterioration in the standard of facilities during the year for which temporary recognition was granted; Provided that in computing the total period for which a private educational institution may be eligible for grant of temporary recog- nition, the number of years for which temporary recognition has been granted prior to the commencement ofthe Orissa Education (Amend- ment) Act, 1994 shall be taken into account:

Provided further that any Private educational institution which has xeceived temporary recognition for a period of 4 years or more Prior to the date of commencement of the Orissa Education (Amend- ment) Act, 1994 but has not been recognised may be granted temporary recognition for a period not exceeding one year at a time and two years in the aggregate after commeNcementofthe Orissa Education (Amend- ment) Act,1994 so as to enable suchinstitution to fulfil all conditions forrecognition.

(10) Any applicant aggrieved by an order refusing to accord recognition, may within one month from the date of communication of such orderfile a review petition before the committee constituted under sub-section (4). The committee after calling for such information and causing such further inquiry as may be necessary and after giving an opportunity of being heard tothe petitioner shall take decision and dispose ofthe petition.

(11) Grant of recegnition may be restricted to any standardor class or any stream or subjects or may extend to the whole institution. The procedure laid down for grant of recognition shall mutatis mutandis apply to applications for recogMition in respect of increase in seats, opening of new faculties or courses, starting new subjects or opening ofadditicnnl sections.

(12) No educationalinstitution shall be eligible for affiliation or recognition by the Board of Secondary Education constituted under the Orissa Secondary Education Act, 1952 or the Council of Higher Secondary Education constituted under the Orissa Council of Higher Secondary Education Act, 1982 or any of the Universities established under the Orissa Universities Act, 1989 unless it has received recognition under this Act and continues to: be so recognised. When the recog- nition granted to any private educationalinstitution is withdrawn or suspended, the recognition or affiliation granted by the Board of Secondary Education, Council] of Higher Secondary Education or any one of the Universities, as the case may be, shail be deemed to have been withdrawn or suspended:

ondltion OF recogni- tion.

(Sec. 6-A) Provided that any educational institution which has received temporary recognition for a year under the Actshall only beeligible for temporaryaffiliation, or recognition, as the case may be, for that year.

_ (13) No recognition shall be accorded to an educationalinstitution imparting technical andprofessional education which does not fulfil the conditions specified in any other law for the time being in force as are applicable to such institutions.

6-A. (1) No educational institution shall be eligible for recognition undersection 6 unlessit fulfils the following conditions, namely:—

(a) such extent of land as may be prescribed has been provided for the educational institution under a valid title and the institution is under lawful and valid possession of that land;

(5) the institution has been provided with a fire-proof building of its own with adequate ventilation and lighting consisting of such accommodation as may be prescribed for class rooms, laboratories, libraries, office accommodation, staff and students common room and toilets for men and women; ;

(¢) adequateland is available and has been earmarked for play- ground and sufficient facilities have been provided for physical education, games andsports;

(d) land has been provided for cycle stands for High Schools, Higher Secondary Schools, Junior Colleges and Colleges, as the case may be ;

(e) adequate provision have been made for supply ofclean drinking water and sanitation;

(f) the land and the buildings of the educational institution are located in sanitary and healthy surroundings with suitable access from public roads ;

(g) qualified teachers and non-teaching employees selected in accordance with the prescribed procedure as per the prescri- bed yardstick have been appointed ;

(A) laboratory or laboratories where necessary have been provi- ded together with required consumables;

(4) such equipments and teaching aids as are required have been provided ;

(J) required furniture including Black Boards have been provi- ed :

(k) the educational institution has been provided with library with such number of books and in such subjects as may be directed from time to time ; and

(1) the educationalinstitution has adequate financial resources for its continuance and efficient management.

gine (Sec. 6-B)

(2) Every application for recognition shal be accompanied by ap undertaking that the institution has adequate financial resources to meet the salary and other costs of the educational institution and thatit shall not claim grant-in-aid from the State Government.

(3) The State Government may by order, relax any one or more of the conditions of recongnition specified under sub-section (1) relating to land, building and furniture in respect of educational institution situated in an educationally backward district :

Provided that no relaxation shall be made which would adversely affect the academic standards or quality of education. Explanation—The expression "educationally backward district"

shall for the purposes of this sub-section mean a district in which the percentage ofliteracy is less than fifty per cent of the total population of the district as per thelatest census.

'Withdrawal 6-B. (1) Recognition accorded under the Act may be withdrawn on freon one or more of the following grounds, namely:—

(a) the educationalinstitution no longerfulfils the conditions for recognition ;

(5) the educational institution, its Managing Committee or the Governing Body, as the case may be, contravenes any of the provisions of the Act or the rules or directions of the State Governmentor of the prescribed authority ;

(@) the educationalinstitution fails to maintain required students strength as provided undersection 11 ;

(e) the educational institution or its Managing Committee or the Governing Body, as the case may be, misutilises the funds of the institution or utilises it for any purpose other than for management ofthe educationalinstitution ; (Jf) the percentage of students passing the annual and supple- mentary examinations conducted by the Board of Second- ary Education or the Council of Higher Secondary Educa- tion or the concerned University, as the case may be, falls short of half of the percentage of students passing such examanations for the entire Board, Coucil or University, as the case may be, for three consecutive years ;

(g) the educationalinstitution fails to conduct examinations held by the Board, Council or the University or any other exam- ining body of the State fairly and properly or the manage- mentor any of its employee assists or abets in malpractice in such examination orfails to prevent malpractices ;

(A) the educational institution is found to have admitted stu- dents, in excess of the recognised or affiliated strength or, in classes Courses or stfeam or subjects in regard to which no permissio has been received ;

(Sec. 7)

(i) except as otherwise permitted the educationalinstitution ad- mits stduents on criteria other than merit, which in the context of reserved seats shall mean inter se merit within the reserved category ;

(j) the educationalinstitution does not admit fresh students for two consecutive years or shifts to another locality or to diffe- rent premises without prior permission ; and

(k) the educational institution bas obtained recognition by fraud or misrepresentation of facts or through a false declaration.

(2) Where the prescribed authority is satisfied on own information or otherwise that circumstancesexist for taking action for withdrawal of recognition of any educationalinstitution, he shall make an enquiry or cause an enquiry to be made into the grounds on which recogni- tion is proposed to be withdrawn and give an opportunity to the management to make representation within a period ofthirty days against the proposed action. The prescribed authority shall furnish his report and recommendation to the Committee constituted under sub- section (4) of section 6.

(3) The Committee after considering the records, report and re- commendation of the prescribed authority and after affording an oppor- tunity to the management of being heard pass an order cither withdraw- ing of suspending the recognition granted to the said institution.

(4) Notwithstanding the withdrawal or suspension of recognition under sub-section (3), the Students admitted to that educational insti- tion till the date of such withdrawal or suspensionshall be allowed to continue as if the said educational institution continues to be recog- nised till that batch of students appear in the examination conducted by the Board, the Council or the University, as the case may be. The educational institution shall not admit fresh students during the period ofsuspension or after withdrawal of recognition.

(5) Any educational institution aggrieved by an order of the Com- mittee withdrawing or suspending the recognition of any educational institution may prefer an appeal within a period of thirty days of the receipt of the order before the State Government whose decision thereon shall be final.

(7. (1) Every private educational institution shall have a managing committee or governing body, 2s the case may be, constituted in accordance with the rules.

3 ® The managing committee or the governing body, as the case may be, constituted for any private educationalinstitution, shall obtain the approval of its constitution by the prescribed authority inthe prescribed manner failing which the institution shall not be eligible for recognition.

Sa Act 15 of 1989, section 7

1, Substituted bythe

cananengy (Sec, 7—contd.)

(3) The managing committee or the governing body, as the case maybe, shall be responsible for the proper manageirent of the ° institution and shall exercise such powers and perform such functions as may be prescribed.

(4) Amanaging committee or the governing body, as the case may be, shall continue in office for a term of '[ three years | from the date of its approval by the prescribed authority under sub- section (2) 7[ and shall be reconstituted in accordance with the rules.

5[(5) The existing Managing Comnittees or the Governing Bodies, as the case may be, of aided or recognised educational institu- tions, which were constituted prior to the date of commence- ment of the Orissa Education (Amendrrent ) Act, 1991 inclu- ding those, if any, which are under supersession on the said date, shall be reconstituted in accordance With the rules that may be made underthis Act for carrying out the provisions of this section as an-ended by the Orissa Educ 'tion (Amendment) Act, 1989, within a period of'[two years] from the date ofcomme- Orissa Act ncement of the said rules and évery such existing Managing 15°! 1°. Committee or Govering Body, as the case may be, shall cease to continue in office on and from the date on which it is so reconstituted. ]

5{(6) The prescribed authority may allow the Governing Bodyorthe Managing Committee, as the case may be, whoSe term has expired under sub-section (4) or sub-section (2) of section 7-A to continue in office till the Governing Body or the Managing Committee is reconstituted, or appoint any person or persons to exercise the powers and discharge the functions of the Governing Body or the Managing Committee during the inter- vening period:

Provided that the State Government mayreconstitute the Governing Body or the Managing Committee as the case may be, notwithstanding that the term of such Governing Body or Managing Committee has not exprited and on such reconstitution, the existing Managing Committee or Governing Body, as the case maybe,shall stand dissolved. ]

1. Substituted by the Orissa Act, 15 of 1991, Section 3(i)

2. Substituted by the Orissa Act 13 of 1994,Section 6 (i)

3. Inserted by the Orissa Act 16 af 1991 Section 3 (ii)

4. Substituted by the Orissa Act 14 of 1993, Section 2

5. Added by the Orissa Act 13 of 1994, Section

(ii)

Supersession

(Secs. 7-A to 7-C) 7-A.(1) Whenever the prescribed authority is satisfied that the andreconst!- managing committee or, as the case may be, the governing body of of managing any private educational jnStitution has neglected orfai led to perform

eeSey of the duties imposed by or under this Act or

the rules or to

fou. give effect to the order or direction issued by the Tribunal Appoint-

ment of

teachers.

*[ Grant-

in-aid. J

under Section 24-A or has acted im excess of the authori ty vested in it

or inany manner which is prejudicial to the interest of the educat ional

institution, he may, after giving the managing committee or the gov ern-

ing body, as the case may be, a reasonable opportunity of showing

cause, supersede the managing committee of the governin g body, as the

case may be-

(2) As soonas possible, after supersession of a managing committee

or governing body, as the case may be, the prescribed author ity shall

reconstitute the managing committee or the governing body , as the

case may be, and the managing committee or the gove rning body, so

reconstituted shall, subject to the provision in sub-sec tion (1),

continue for a term of [three years] from the date o f such

reconstitution.

(3) During the period intervening the supersession or expiry of the term of a managing committee or governing body, as the case may be, and its reconstitution, the powers and functions of the managing

committee or the governing body, as the case

may be, shall be

eXefcised by such person or persons as the prescribed au thority

may appoint.

(4) Any managing committee or governing body,is aggrieved by

the order of supersession made under sub-sec tion (1) may prefer an

appeal before the State Government with in thirty days from the

date of the order and the decision of the Sta te Government taken in

the appeal shall be final.

7-B. (1) The State Government or any off icer or authority

authorised by it may prescribe the qualifica tions to be possessed by

prsons for appointment as teachers includin g the norms relating to

the requirement of such teachers in differ ent categories of private

educational institutions.

(2) Every private EducationalInstitution shall appoint qualified

teachers and non-teaching staff by making sel ection in accordance with

the procedure andcriteria prescribed by t he State Government-]

7-C. (1) The State Government shall wi thin the limits of its

economic capacity, set apart a sum of mon ey annually for being given

as grant-in-aid to private EducationalInst itution in the State.

(2) No order according permission or approval or recognition

under this Act, whether prior to or after the commencement of the Orissa Education (Amendment) Act , 1994, shall entitle any private educational institution to receive grant- in-aid.

1, Substituted by the Orissa Act 14 of 1993, s, 3

2. Substituted by the Orissa Act 13 of

1994, 8. 7

3. Substituted byibid, s. 8

we 1"

(Sec. 7-B to 7-C—contd.) _ Q) Saveas otherwise Provided, no private Educational Institutionwhich hasnot been Tecognised by the State Government underthis Actshall be entitled to receive any aid from the State Government.

(4) Notwithstanding anything contained in any law, rule, executiveorder or any judgement, decree or order of any Court, no grant-in-aidshall be paid and no Payment towards salary costs or any other expense shall be made to any Private educational institution or forany Post or to any person employed in anysuch institution after thecommencementof the Orissa Education (Amendment) Act, 1994, exceptin accordance with an order or rule made under this Act. Grant-in-aidwhere admissible under the said rule or order as the case may be, shallbe payable from such date as may bespecified in that rule or order orfrom such date as may be determined by the State Government:

Provided that pending framing of such rule or issue of order, theState Government may, without Prejudice to such rule or order, direct that private educational institutions which were receiving grant-in aid and the posts in such educational institutions in respect of which grant-in-aid was being released shall continue to be paid such amount as

grant-in-aid as was being paid to them immediately prior to commence-

mentof the Orissa Education (Amendment) Act, 1994,

(5) Notwithstanding anything contained in any law, rule, executiveorder or any judgement, decree or order of any Court the followingcategories of private educational institutions shall only be eligible for consideration for payment of grant-in-aid:—

(a) Upper Primary Schools imparting instructions or course prescribed by the State Government in standards orclasses VI and VII or Sanskrit Tols and Madrasas impartingequivalent courses.

(6) High Schools imparting instructions or course for High SchoolCertificate Examination conducted by the Board of Secondary Education, Orissa or institutions impartingMadhyama Course of Shri Jagannath Sanskrit University and Madrasas imparting equivalent course.

(¢) Higher Secondary Schools or Junior Colleges impartinginstructions or course for Higher Secondary Examination conducted by the Council of Higher Secondary Education Orissa or institutions imparting Upasastri course of Shri Jagannath Sanskrit University and Madrasas imparting

equivalent course.

(d) Colleges imparting courses for B.A., B.Sc, or B. Com, degrees of the Utkal, Berhampur and Sambalpur Universitiesand Shastri courses of Shri Jagannath Sanskrit University.

(6) No educational institution imparting any other courses of studies except those provided in sub-section (5) shall beeligible forgrant-in-aid from Government. Educational Institutions establishedand/or managed by Urban Local Bodies, Zilla Parishads, Panchayat Samitis and Grama Panchayats, Public Sector Undertakings or Companies or Statutory bodies shall not be eligible for grant-in-aid

underthis Act.

Withdrawal of

aid,

(Sec. 7-D)

7) A Governing Body or Managing Committee desiro us of

availing the facility of grant-in-aid shall make an application for t he

purpose within such period and shall furnish such information and documents including audited statement of accounts ofthe institution as may be prescribed. It shall furnish with the applica

tion an

undertaking to the effect that grant-in-aid sanctioned for the purpose

or meeting part Or whole of the salary costs shall be disbursed direc

tly

to employees concerned and tO refund any excess or inadmissible

paymentthat may have been made.

7-D. (1) The prescribed authority may withdraw the grant-in-aid

of a private educationalinstitution, if—

(ithe recognition of the institution has been suspended or

withdrawn;

(ii) the percentage of students passing the Annual and Supple- mentary examinations conducted by the Board of Secondary Education or the Council of Higher Secondary Education Or the coNcerned University, as the case may be, falls short of half of the percentage of students passing such examination for the entire Board or the Council or the University, as the case maybe, for three consecutive years;

(iii) the Governing Body or the Managing Committee, as the case may be, defaults in furnishing the statement under sub-section (1) of Section 8 or furnishes statement whichis false or incorrect;

(iv) the Managing Committee or the Governing Body, as the case may be, Or the Secretary of an aided educational institutioa acts in contravention Of the provisions of sub- section (1) of Section 9, or of any order passed under sub-section (2) of Section 9;

(v) the Governing Body or the Managing Committee, as the case may be, or the Secretary is found to be misutilising the funds of the educationalinstitution concerned including grant-in-aid received, if any, orutilising it for any purpose other than meeting the legitimate cost of running the educational institution, development of the educational institution, or welfare of the students or employees of that institution;

(vi) there has been persistent default in maintaining correct accounts of the receipts and expenditure of the educational institution or there has been persistent default in submitting audited statement of its accounts within the specified period;

(vii) the educationalinstitution fails to conduct the examinations of the Board, the Council, or any of the Universities or any other examining bodies of the State fairly and properly or if the Governing Body or the Managing Committee, as the case may be, or any of its employees assists or abete in adoption of malpractices in such examinations or fails to-prevent adoption of malpractices;

i r a t e s Oe

d n w

crtSits, (Secs. 7-E—7-F) -(viii) unless otherwise permitted, the educational institution is found to be admitting students on any criteria other than merit ;

Explanation—In the context of merit of students belonging to reserved categories it shall mean inter se merit within the Tespective category ;

(ix) the private educationalinstitution utilises the gtant-in-aid for any purpose other than the Purpose for which such grant-in-aid was paid specifically or fails to render satisfac- tory and timely accountofits properutilisation .

(x) the private educationalinstitution has secured grant-in-aid by fraud or by misrepresentation of facts or by submission of incorrect facts through false declaration or by concea- ling any relevant information ;

(xi) the aided educationalinstitution refuses to accept a teacher posted on transfer or continues to retain the services of a teacher who has been transferred by the competent authorty ; and

(xii) the aided educationalinstitution makes appointment ina mannernot consistent with the Act and the Rules :

Provided that where the prescribed authority is satisfied that primafacie circumstances exist for action under thissub-section, he may make an order suspending paymentof grant-in-aid for such period not exceeding three months as

he may deemfit.

(2) Before withdrawing the grant-in-aid, the Managing Committeeor the Governing Body, as the case may be, shall be given a notice ofthe action proposed to be taken and required to show cause withinaperiod of thirty days from the date ofreceipt of the notice as to why such action shall not be taken.

(3) The Managing Committee or the Governing Body, as the casemay be, aggrieved by an orderof the prescribed authority withdrawinggrant-in-aid, may, in such manner and within such period not exceedingsixty ays, as may be prescribed, prefer an appeal before the StateGovernment, whose decision thereon shall be final. 7-E. Notwithstanding anything to the contrary contained in thisAct, on and after the commencementof the Orissa Education (Amend- Teomition ment) Act, 1989, the State Government shall not accord permission forofcertain establishment of any, Private Secondary Training School or Privateinstitution. Training College or recognise any such School or College established, if any, prior to the said date.]

*IGowdesie 7-F, Notwithstanding anything containedin this Act or the rulesment not made there under or in any judgement, decree or order of any CourtBound. ion the State Government shall not be bound to accord permission formission for establishment of any private Secondary Training School or Private cee Training College, or recognise any such school or College established, recognise if any, prior to the 14th day of August, 1989 and non-recognjtion of fainine such schoolor college shall not be questioned in any Court of Law or Schools & otherwise be open to challenge.]

Colleges,

1. Substituted by the Orissa Act 15 of 1989, Section 7. : . 2, Inserted by the Orissa Act 16 of 1991, Section 5 wns 1{Prohibition

of establish

(Secs. 8—10) 'Management 8. (J) Within the first week of Juneevery year the managing {geet dst. committee or as the case may be, the governing body of every aided educational institution shall furnish to such officer as may be authorised by the State Government in that behalf a statement containing a list of all movable and immovable properties of the institution with such particulars as maybe prescribed.

¥ x x x x J

(3) The Secretary of an aided educational instisution shall perform such functions as may beprescribed.

Restriction 9, (1) Notwithstanding anything to the contrary contained in any eelaw for the time being in force, no sale, mortgage, lease, pledge, charge ofaided or transfer of possession in respect of any property of an aided institutions. edycationalinstitution shall be created or made except with the previous Permission in writing of such officer as may be authorised by the State Government in this behalf. The officer shall grant such permission applied for unless the grant of such permission will, in his opinion, adversely affect the working of the iNstitution.

. (2) Any person aggrieved by an Order of the Officer refusing or : granting permission under sub-section (1) may, in such manner and within such time as may be prescribed, appeal to the State Government,

(3) Any transaction made in contravention Of sub-section (J) shall be rull and void.

al x x x ]

Conditions 10. (1) The qualifications required for appointmentas teachers and ofservice© other members Ofthe staff of aided educational institutions and their aided insti- cOnditions of service relating to salary, leave, pension, provident fund tutions. age of retirement, disciplinary action and other matters shall be as. may be prescribed:

{Provided that the terms and conditions of service prescribed in respect Of teachers and Other members Of the staff who, on the constitu- tion of a common cadre, have been absorbed in such cadre, shall not in any waybe less favourable than the terms and conditions which were applicable to them immediately prior to such constitution]. 4((2) The State Government shall by notification constitute a Selection Board for the State to select teachers for '[aided] Private Higher Secondary Institutions and Colleges and one such Board for each '[education circle] to select teachers for '[aided] Private High Schools and Upper Primary Schools: Such Boards may consist of such members as may be specified by such notification],

1. Deleted by the Orissa Act, 13 of 1994, Section 9

2. Deleted by thie Orissa Act 13 of 1994, 'Section 10 3, Addad bythe Orissa Act 13 of 1978, Section 2 4, Substituted by the Orisea Act 15 of 1989. 'Section 8

5. Substituted by theOrissa Act 13 ef 1994, Section 11 6, Substituted by the Orissa Act 2 of 1994, Sectién 3

47.

(Sees. 10-A—10-C)

(3) The Selection Board shall prepare in the prescribed manner a list of candidates for appointment as teachers in aided educational institutions and all such appointments shall be made in accordance with the rules made in that behalf from out of the candidates included in the list so prepared.

services of [10-A. (1) The services of a teacher "[and other members of the teachersof. staff] of an aided educational institution shall not be terminated tutions not without obtaining the prior approvalin writing of the— to be termi-

nated with (a) *[Director], in the case of a teacher '[and other members of Sy eenee the Staff] of a college ; and

(6) Circle Inspector of Schools having jurisdiction, in the case of teacher '[and other membersofthe staff] of a School.

(2) Every order passed by the Director or Circle Inspector, as the case may be, either according approvalor refusing to accord approval under sub-section (1) shall be communicated to the parties concerned within three months of the reference.

(3) Anyperson aggrieved by an order passed under sub-section (1) may prefer an appeal to the Tribunal within one month from the date of receipt of the order.]

Certain, {10-B. Without prejudice to any other provision of this Act, no Tnstitenos educationalinstitution shallbe entitled to receive any aid or grant from to aid. the State Governmentif its managing committee or Governing Body or Secretary acts in contravention of the provisions of sections 10-C and 10-D orof any order issued thereunder and the recognition granted to the educational institution may, on such contravention, be Withdrawn by the State Government.

Constitution 10-C. (1) The State Government may, by order, constitute a ofgommen common cadrein relation to all or any class of employeesofall or any ts conse- Category of aided educational instutions, as may be specified in the quences. order:

Provided that the State Government mayconstitute a common

cadre in relation to all or any class of employees of allor any category of aided High Schools or Upper Primary Schools for the whole State or for any education circle as may bespecified in the order..]

(2) Before constitution of a common cadre under sub-section (1) the Director in cases of Colleges, and the Inspector of Schools having jurisdiction, in cases of schools, shall furnish detailed i®formation relating to the terms and conditjons ofservice prescribed for such cadre to every employee belonging to that cadre with a notice requiring him to exercise his option within such period, not being less than thirty days and more than fortyfive days, as may be specified theirin, for absorption or otherwise in such cadre.

Inscrted by the Orissa Act 17 of 1974, Section 3

Inserted by the Orissa Act 6 of 1984, Secti i

SaEyte ieeeaetee He Seco ®

by the | a Annof Sections, SGD .

it " iment) in 1978 (Or. Act 13 of 1978), S. 3.

8 w

(Sec. 10-C—Contd.)

(3) The option shall be exercised in writing and shall be filed with

the Director or the Inspector of Schools, as the case ma y be.

- (4) Any employee who fails to exercise his option within the

aforesaid period shall be deemed to have opted for bei ng absorbed in

the commoncadre.

(5) Where an employee of an educational institution exercises his

option for not being absorbed in the common cadre, the managing

committee Or, as the case may be, the governin g body of the institution

shall terminate the services of such employee within fi fteen days from

the date Ofreceipt of an intimation to that effect from the Director or,

as the case may be, the Inspector of Schools; and the provisions of

section 10-A shall not apply to any such termination

(6) An employee belonging to a common cadre may be t ransferred

from One institution to another by the prescribed authOri ty and in the

prescribed manner.

/ (7) Whenever an employee belonging to a commoncadreis posted

or transferred to an institution, the managing committ ee Or, as the case

may be, the governing body ofthat institution shal l be bound to employ

him in theservice of the institution and to pay all am ounts due tO such

employee on accountof his pay, allowances and other dues from out

of its fund or from the aid received, directly or Otherwise, from the

State Government, and he shall be deemed to bea n employee of such

institution for all purposes.

(8) Where the Services of any person have been termi nated under

sub-section (5), he shall, without prejudice to his c laims to any leave,

provident fund, gratuity or other penefits, if any, a s an employee of

'an aided educational institution to which he m ay be entitled on his

retirement or termination of service had the com mon cadre not been

constituted, be paid by the managing committee, o r as the case may be,

the governing body of the aided educational insti tution in which he

last served, an amount determined in the following manner:—

1. In case of a permanent Amoun tto be paid

employee—

(a) where the continuous Payfor t he remaining

service rendered by period of s erviee or

him by the date of for six month s, which-

termination exceeds ten everis less ;

years.

(p) where such service does not Pay for the r emainiNg period

exceed ten years. of service or for three months, whicheveris less ;

2. Inthe case of a temporary Pay for one month. employee. ;

Explanation:—For the purposes of this sub-section , "Pay'' shall

include dearness allowance and other adhoc additions to pay by

way of interim relief that may -be-admissible. son &

"19 (Secs. 10-D-11)

(9) For the purposes of calculating gratuity, if any, payable toany permanent employee whoseservices have been terminated under sub-section (5), the period of qualifying service cf such employeeshall be increased by the feriod calculated on the basis provided hereunder: — Period to be added

(i) Where the feriod of actualquali- One year fying service does not exceed

five years.

(ii) Where such period exceeds five Two years years but does not exceed ten

years,

(iif) Where such period exceeds ten Three years years but does not exceed fifteen years.

(iv) Where such feriod exceeds fifteen Four years years.

Govern- 10-D. The State Go ernment may, if satisfied that the expedie- ole ney of the circumstances 0 requires, by general or special order,Sereger? provide for any matter necessary, ancillary or incidental to thepériodo ~onstitution and working of the common cadre for which this Act transition. makes no provision or makes insufficient Provision:

Provided that no such order shall be issued after expiry of twoyears from the date of constitution of the said common cadre,]

1 [Popils? 11. (1) The private educational institutions shall have the minimumfrength roll strength of pupils for each standatd or class as hereinafterprovided.

(2) In the case of Colleges and Higher Secondary Schools theminimumroll strength of pupils in each standard or class, or a section thereof, shall be— (éSixty-fourin relation to the Faculty ofArts;

(ii) Forty-eight in relation to the Faculty of Commerce;

(iii) Thirty-two in relation to the Faculty of Science:

Provided that in the case of Colleges and Higher Seconda:

Schools located in Scheduled Areas, such minimum roll strength shail be half the respective minimum roll Strength as specified in this sub-Seciton.

(3) In the case of High Schools, the minimum roll strength ofpupils for each standard or class shall be forty which shall be twenty-five if such Schools are located in Scheduled Areas. Explanation ~The expression "Scheduled Areas"shall have os

same meaning a8 assigned to it in Part C of the Fifth Schedule to the

Constitution of India.

1. Substituted by the Orissa Act 15 Of 1989, S. 9.

(Sees. 12—I5) 1" 5

Accounts 12. (1) The accounts of aided ed ucational institutions shall be and sod asennad in the prescribed manner and shall be subject to yearly audit.

(2) The provisions contained in the Orissa Loca l Fund Audit Act, orissa Act

1948 shall, mutatis mutandis, apply for th e purposes of audit of the 5 of 1948. accounts of aided educational institutions.

(3) For the purposes of the said Act, t he State Government may

appoint anyofficer to be the Examiner of Loc al Accounts.

'Management 13. No educational agency or managing committee or, as the case nottodis- may be, governing body of any recognised ed ucationalinstitution shall

continveclose downtheinstitution at any time with in an academic session and

without giving notice in writing ofits intention s o to do to the State

Governmentat least twelve months before the date, with effect from

which the institution is proposed to be closed d own.

Inspection _ 14, (1) The State Government m ay authorise any officer or Officers

of institu. to inspect educational institutions in the Stat e.

tions.

(2) The officer authorised under sub-section

(1) shall exercis general powers of inspection and supervision over the working of the

jnstitution and the discharge of duties and performance of functions by

the managing committee or, as the case m.ay be, the governing body

of the institution.

The managing committee or, as the case ma y be, the governing

body and the employees of a recognised educ ational institution shall,

at all reasonable times, be bound to afford to the aforesaid officer all

assistance and facilities as may be necessary an d reasonably required

for the purposes of such inspection and supervisi on.

(4) The managing committee or, as the case may be , the governing

body of a recognised educational institution shall m ake every effort for

the improvement or removal ofdeficiencies in the management of the

institution iN accordance with the directions or suggestions given by

the said officer.

CHAPTERIII

ApviSORY COUNCIL AND DISTRICT SCHOOL BOARD es 15. (1) The State Government may, by notification, establish a

ee State Advisory Council of Educat

ion to advise the State Government

cation. Gn matters pertaining to educational policy and administration.

(2) The Advisory Council shall consist of the following members,

namely:—

(a) the Chairmanto be nomiuated by the State Govern ment;

(6) the Vice-Chancellors of all the Ex Officio Membe r

Universities established under

any law in the State;

1. Deleted by the Orissa Act 13 of 1994,s. Rn

(See. 16) 1[(b-1) the Secretary to Government, Ex officio Member Higher Education Department;

(8-2) the Secretary to Government, Ex officio Member School and Mass Education

Department;

(5-3) the Chairman of Council of Ex. officio Member Higher Secondary Education'

(4-4) a representative of the Harijan 7 Member Welfare Department;

(8-5) a representative of the Tribal % Member Welfare Department;

(6-6) Director, Mass Education vs Member.) 7[(c) the Director of Higher Educa- Ex officio Member tion, Orissa ;

(c-1) the Director of Elementary and Ex officio Member Adult Education, Orissa;

(c-2) the Director of Secondary Ex officio Member] Education, Orissa;

(@) the '[President] of the Board Ex officio Member of Secondary Education;

(e) Six non-official members to be nominated by Members the State Government from among persons who are distinguished educationists or who have experience in the administration of education ;

(f) one non-official member to be nominated Member from among Sanskrit scholars;

(g) two representatives each of the primary School Members Teachers' Association, Secondary School Tea- chers' Associatjon and the College Teachers' Association to be elected in the prescribed manner.

(3) The term of office of the members specified in clauses(a), (e),

(f) and (g) of sub-section (2) shall be three years.

(4) The business of the Advisory Council shall be conducted in such manner as may be prescribed.

'[ (5) The Secretary to the advisory Council shall be nominated by the State Government.

(6) No act orpacoeans of the Advisory Council shall be invalig merely by reason of any vacancy among its members or defect in the constitution of the Advisory Council.

1. Inserted by the Orissa Act 13 of 1994S. 13

2. Substituted by the Orissa Act 6 of 1984S. (i) (a)

3. Substituted by the Orissa Act 6 of 1984, S. 7 (b) 4, Substituted by the Orissa Act 6 of 1984, S. 7 (ii)

(See. 17)

(7) Notwithstanding anything contained in sub-section (2), on the failure of any of the asSociations mentioned in clause (g) to elect member or members inthe prescribed manner, the Director shall give notice in writing to the concerned association to elect member or mem- bers in the prescribed manner within a date to be specified therein and if the association fails to elect member or members within the date so specified the Director shall nominate a person or peisons, as the case may be, on behalf of the association 'as member cr membersof the Advisory Council.]

District 16. (1) For every district there shall be a District School Board Board. established by the State Government which shall ccnsist of the follow- ing members, namely:—

(a) The Chairman to be nominated by the State Government;

(6) Inspector or Inspectors of Schools having Members jurisdiction over the district;

(d) Two representatives of the Primary School Members Teachers' Association elected in the prescribed manner;

(e) five non-official n embers to be non inated by Members the State Government from among persons

who are distinguished educationists.

(2) The Secretary to the Board shal! be nominated by the State Government.

(3). The term of office of the members srecified in clauses (a), (d) and (e) of sub-section (I) shall be three years.

"[(4) No person shall be eligible for nomination cr election as a non-official memberofthe Board,if he—

(i) has been a member ofthe Board for six years ; or

(ii) has directly or indirectly by himself or by bis partner any Share or interest in—

(a) any book intended to be prescribed or recommended as a text-book for the primary school course.

(8) the business of the publisher of aty such book; or

(5) The business of the Board shall be ccngucted in such manner as may be prescribed.

Tenet: 17. The Board shall be a body corporate having perpetual succession : and a common seal, with power, subject to the provisions of this Act and the Rules made thereunder, to acquired, hold and dispose of property and to contract aNd doall other things necessary for the purposes of this Act and may byits corporate name sue andbesued.

1. Substituted by the Orissa Act 6 of 1984 S.8.

'Sees. 18—23) Resignation 18. Any non-official member of the Advisory Ccuncil cr of the oeember Board may resign his office as such member by writing under his hand addresseg to the Chairran,

Filling up 19. In the case of a casual vacancyin the office of any non-official ae memberof the advisory Council or of the Board occurring otherwise than by efflux of time the vacancyshall befilled up by Domination and the person so nomjnategshall hold office for the residue of the term of office of the member in whose place he is nominated,

Bxcoutve, 20. The Secretary of the Board, shall be its Executive Officer and the Board. Shall give effect to the decisions of the Board. Functions of 21. Subject to the provisions of this Act and the Rules made SbeiBowd, thereunder, the Board shall have the following powers and functions in respect of primary schools within the district, namely:— @administration, control and management of all primary

schools transferred to it for the said purposes by the State Government or by any local authority and of the schools established byit;

(5) preparation of plans for the development of education in Primary schools;

1x * x]

(e) such other functions as may be prescribed. Board's fund 22. (1) The Board shall have a fund called the District SchoolBoard Fundto which shall be creditea— @all contributions received by the Bcard from the State

Government and donations and grants received from other

sources; and

(4) all sums received py the Board cn any other account whatsoever.

(2) The fund shall be expended for the purposes of carrying on thefunctions of the Board in accordance with the rules made in thatbehalf. CHAPTERIv

MISCELLANEOUS

oe *{23. (1) The 'State Government may establish a fund called theDevelopment "Orissa Education! Development Fund" which shall vestin and be . administered by a Ccmmittee to be constituted in the prescribedmanner,]

(2) All sums received by the Committee as contributions from thebaie sSvertiment oras donations from other sourcesshall be credited'© the Fund,

1. Deleted by the Orissa Act 13 of 1994, 5. 14 -2. Substituted by ibid, 8, 15

(Secs. 23-A—24-A) mm) Subject to the rules made in that behalf, the Fund shall be utilised for the following purposes, namely:—

(a) grants in favourof educational institutions for implementa- tion of improvement schemes;

(d) grant ofinterest free loans to educationalinstitutions; and (©) such other purposes as may be prescribed, i[Recovery 23-A. All amounts due on account of any Joan granied under ofdues] Section 23 shall, if not paid within the date fixed therefor, be recovera- ble as public demand on requisition made by the authority prescribed onthat tehalf].

Formation 24. (1) The State Government may constitute a

Co-ordination

of,Coronal Committee consisting of (he f-llowing members, namely:— Committee. {a) the Chairman io be nominated by the State Government; {b) the Vice-Chancellors of ali the Universities esta- Members blished under any law in the State;

{c) four non-cfficial members nominated by the State Members Government from among persOns who are disti-

nguished educationists ;

4(d) the Secretary to Government, Higher Education Member Department]

4{(e) the "[Director, Higher Education Orissa] Member]

(2) It shall be the duty of the Co-ordination Committee to recommend methods for maintaining a uniform standard ofinstruction given and examinationsheld by the different Universities established under law in the State and also im regard to matters of common interest to such Universities and send its recommendations to the Universities concerned.

(3) The procedure for the conduct of business of the Co-ordination Committee and the term of office of the members specified in clauses

(a) and (c) shall be such as may be prescribed. Constitution 5[24-A. (1) The State Government may, by. notification, consti tute

of Tribunal. one or more Tribunals having such local jurisdiction as may be specified in the notification.

(2) The Tribunal shall consist of one person only to be appointed by the State Government from among the officers of the Orissa Superior Judicial Service (senior branch).

(3) The Tribunal shall have the power to call for the records ofall proceedings relating to the dispute and shall, after giving the parties concerned a reasonable opportunity of being heard, dispose of the appeals preferred to it.

1. Inserted by the Orissa Act6 of 1984, S. 9

2. Substituted by the Orissa Act 13 of 1994, S, 16

3. Substituted-by the Orissa Education (Second Amendment) Act, 1978 (Or. Act 31 of 1978), S. 6.

4. Substituted by the Orissa Act 6 of 1984, S. 10

5, Inserted by the Orissa Education (Amendment) Act, 1974 (Or. Act 17 of 1974), S. 6.

DS aww (Sees. 25—28)

(4) In disposing of an appeal the Tribunal may make such conse- quential orders and issue such directions as it may deem necessary for giving effect to its decision.

(5) The decisions of the Tribunalshall be final and binding onall parties and shall not be called in question in any Court of Law.] vacancynot 25. No act or proceedings of the Board shall be deemed to be to invalidate invalid by reason merely of the existence of any vacancy in or defect of the Board. in the constitution of the Board.

Indemnity 26. No suit, prosecution or otherlegal proceedings shalllic against the State Government or any authority or Officer for anything done ander this Act in good faith or fer any damage caused by any action taken in good faith in carrying out the provisions of this Aci or the Rules made thereunder,

Power to 27. (1) The State Government may, after previous publication, make rules. make rules for carryiag out all of auy Of the purposes of this Act. '[(2) In particular and without prejudice to the generality of the foregoing powers the State Government may make rules—

(a) to regulate the establishment, recognition and management of private educational institutions? [x x x];

(6) in respect of all matters expressly required or allowed by this Act to be prescribed.' ]

(3) All rules made under this section shall, as soon as may be after they are made, belaid before the State Legislature for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if during the said period the State Legisla- ture makes modifications, if any, therein, the rules shall thereafter have effect only in such modified form; so however that such modifications shall be without prejudice to the validity of anything Previously done underthe rules.

(4) Until rules are made underthis section, the rules contained in the Orissa Education Code which were in force immediately prior to the cominginto force of this Act shall, in so far as they are not incon- sistent with the provisions of this Act or of the Constitution, be deem- ed to be rules made under this Act.

28. The provisions contained in this Act shall be in addition to and notin baalnog of the provisions contained in the Orissa Second- ary Education Act, 1952 or in any law regarding University Education Orissa Act for the time being in force and in the case of any inconsistency or 10% 1953Tepugnancy the provisions of this Act shall prevail. Savings

1, Substituted by the Orissa Act 15 of 1989, Section 10.

2. Deleted by the Orissa Act 13 of 1994, Section 17.

Savings in respect of Part cases.

ANNEXURE I

[Provisions of the Orissa Education (Amendment) Act, 19 74(Cr Act 17 of 1974), not incorporated in the Original Act.] * * *

7. (1) Notwithstanding anything in any judgment, decree or order of any Court, but subject to the provisions hereinafter conta- ined, the termination of the services of any teacher of an aided educational institution as defined in the Principal Act, made after the 3rd May, 1972 and before the date of commencement of this Act shall, if made without the approval of the Director of Public Instruc- tion (Higher Education) in the case of a college teacher and of the Director of Public Instruction (Schools) in the case of a school teacher, be inoperative.

(2) The managing committee of the governing body of the concerned institution shall refer the case of the said teacher to the Director of Public Instruction (Higher Education) or the Director of Public Instruction (Schools), as the case may be, within one month from the date of commencement of this Act for obtaining his appro- val and thereupon the provisions of Section 10-A of the principal Act as amended by this Act shall, mutatis mutandis apply:

Provided that where the Managing Committee or the governing body, as the case may be, fails to make a reference in accordance with this sub-section, the order of termination oftheservices of the teacher shall become void and the teacher shall pe deemed to have been reinstated in service with effect from the day following the date of expiry of the aforesaid period of one month.

(3) Where any such termination as is referred to in sup- section (1) was made with the approval of the Director of Public Instruction (Higher Education) or the Director of Public Instruction (Schools), as the case may be, the concerned teacher may prefer an appeal to the Tribunal constituted under the Prifcipal Act as amended by this Act within one month from the date of constity- tion of the Tribunal.

(4) Where, on a reference made under sub-section (2) the Director refuses to accord approvaland no appeal is preferred to the Tribunal against the order of refusal, the concerned teacher shall be reinstated with effect from the date of such order.

(5) For removal of doubtit is hereby declared that on reinstate- ment, a teacher shall not be entitled to any emoluments forthe period intervening between the date of termination of his service and the date on which he is reinstated but the said period shall be counted towards service.

Validation of certain

actions.

ANNEXURE II

[Provisions of the Orissa Education (Amendment) Act, 1975 (Or. Act 53 of 1975), not incorporated in the Original Act.} * * *

3. Notwithstanding anything contaifed in the Principal Act or in any judgement, decree or order of any Court, no notice for showing cause issued under Section 11 of the Principal Act prior to the commencement of this Act by the Joint Director of Public Instruc- tion (Schools) exercising of purporting to exercise the powers of the Director of Public Instruction (Schools) shail be questioned in any Court of law or shall otherwise be open to challenge merely on the ground that the Joint Director was not authorised to exercise the said powers and all such notices and actions, if any, taken in pursuance thereof shall be deemed to have been validly issued or taken underthe Principal Act.

* * *

OGP—MP-VI (Law) 34—2000—22-7-1995

PRINTED 'AT ORISSA GOVERNMENT PRESS, CUTTAGK-10 a

Odisha act 014 of 1998 : The Orissa Education Act, 1969

SECTIONS X

SECTIONS