Power of Government to make rules

(1)

1. (a) The Government may, by notification and after previous publication, make rules to carry out all or any of the purposes of this Act.
2. (b) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,—
   • (i) the classes or standards of education and upto which shall be considered as primary education;
   • (ii) the steps to be taken for providing necessary facilities for imparting compulsory primary education before notifying any area to be specified area;
   • (iii) the manner in which lists of children shall be prepared by the attendance authority in any specified area;
   • (iv) the distance beyond which a child cannot be compelled to attend an approved school.
   • (v) the manner in which any enquiry under this Act shall be held;
   • (vi) the form in which an attendance order under this Act shall be passed;
   • (vii) the registers, statements, reports, returns, budgets and other information to be maintained or furnished by approved schools for the purpose of this Act;
   • (viii) the declaration as to what constitutes secondary or higher secondary education, professional education, technical education, special education, school places, school-age and attendance, in schools or other institutions;
   • (ix) the registers, statements, reports, returns, accounts and budgets and other information to be maintanined or furnished by the local authorities in respect of education funds;
   • (x) the procedure for the assessment and realisation of the taxes leviable under this Act;
   • (xi) the establishment or maintenance and administration of educational institutions;
   • (xii) the grant of recognition to educational institutions and the conditions therefor;
   • (xiii) regulating the rates of fees; the levy and collection of fees in educational institutions;
   • (xiv) the manner in which accounts, registers, records and other documents shall be maintained in the educational institutions and the authority responsible for such maintenance;
   • (xv) the submission of returns, statements, reports and accounts by manageers or owners of properties of educational or tutorial institutions;
   • (xvi) the inspection of educational and tutorial institutions and the officers by whom inspection shall be made;
   • (xvii) the mode of keeping and the auditing of accounts of such institutions; (xviii) the standards of education and courses of study in educational institutions;
   • (xix) the grant of sums by the Government to educational institutions toward sproviding scholarships, bursaries, fee concessions and the like;
   • (xx) the preparation and submission of development plans for educational institutions in general and for technical education and the contents of such plans;
3. (xxi) the powers and the functions of the officers and other subordinate staff of the Education Department;
4. (xxii) the preparation and sanction of building plans and estimates of the educational institutions and he requirements to be fulfilled by the buildings for the educational institutions maintained by the local authorities and private institutions; (xxiii) the purposes for which he premises of the educational institutions may be used and the restrictions and conditions subject to which such premises may be used for any other purpose;
5. (xxiv) the regulation of the use of text books maps, plans, instruments and other laboratory and sports equipment in the institutions;
6. (xxv) the regulation for admission into educationol institutions of pupils for the academic course, private study and other special courses and the attendance thereat;
7. (xxvi) the qualifications necessary and other conditions to be fulfilled for appearing at the examinations conducted by the authorities under this Act and the method of valuation or revaluation of answer scripts; (xxvii) the opening of specal night schools and conditions for their working and of parallel sections or classes in the institutions for linguistic minorities; (xxviii) the manner of conducting the class and terminal examinations and promotion of pupils to higher classes;
8. (xxix) the conditions subject to whihich donations or contributions from the public imv v be accepted by the educational institutions and thewaiaming of institutions;
9. (xxx) the conditions for co-education in the educational institutions and the regulation of the conduct and discipline cf pupils and the penalty for misconduct or indiscipline;
10. (xxxi) the manner of setvice of noticices, orders and other proceedings, of presenting appealsls or applications for revision or review and the procedsdure for dealing with them and the fee in respect therereof; (xxxii) the scale of fees or charges or t the manner of fixing fees or charges payable in respec of any certificate, permission, marks lists or otither document for which such fees may be collected; (xxxiii) the constitution of educational coduucils at the panchayat samithi and zilla parishad and the State level; their composition and functions; (xxxiv) all matters expressly requiredd or allowed by this Act to be prescribed or in respect of which this Act makes no provision or makes insuffiacent provision and a provision is, in the opinion of the Government, necessary for the proper implementafttion of this Act.

1. (2) Any rule may be made under this Act vwith retrospective effect and when such a rule is made, the reasons for making the rule shall be specified tin a statement to be laid before both Houses of the SState Legislature.
2. (3) Every notification issued and every rule made under this Act, shall immediately after it is issued or made, be laid before each House of the State Legislatrue if it is in session and if it is not in session in the session immediatley following for a total period of fourteen days which may be compriside in one session or in two successive session and if before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the notification or in the rule or in the annulment of the Notification or the rule, the notification or the rule shall from the date on v/hich the midification or annulment is notiled, have effect only in such modified form or shall stand annulled, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.