P. Mansai,

Secretary to the Government of Arunachal Pradesh, Itanagar.

1. (c) The Pharmacy Act, 1948 (Central Act No.8 of 1948);
2. (d) The Universities Act, 1904 (Central Act No.8 of 1904) ; (¢) The All India Council for Technical Education Act, 1987 (Central Act No. 52 of 1987) ;
3. (f) The Indira Gandhi National Open University Act, 1985 (Central Act 50 of 1985);
4. (g) The Arunachal Pradesh Homoeopathic Council Act, 1998 (Act No. 101999); .
5. (h) The Arunachal Pradesh Health Establishment Act, 2002 (Act No.3 0f2002).
   • (iv) Such other class or classes of institutions, subject to such conditions and to such extent as the State Government may, by notification, specify:

1. (4) Itshall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different provisions of the Act. 2. Definitions: - In this Act, unless the context otherwise requires:-
2. (1) “academic year” means the year beginning on such date as the State Government or the prescribed authority may, by notification, specify with respect to any specified location or with respect to any educational institution or class of educational institutions ;
3. (2) “adult education” means the education or further education of a person of not less than fifteen years of age who has not attended any educational institution at any time before, or as the case may be, who is a dropout from an educational institution at any level of his studies. therein ;
4. (3) “approved school” means any school in any specified location imparting elementary and secondary education which,-
   • (a) is under the management of the State Government or a local authority; or
   • (b) being under any other management, is recognized by the State Government or by an officer authorized by the State Government in this behalf or by a school board as approved school for the purposes of this Act;
5. (4) “attendance authority” means any person having the prescribed qualification appointed to be an attendance authority under section 14; . CL ——————————— AJ
6. (5) “child” means a male or female child of the age of six to fourteen years or as the State Government may specify for the purposes of this Act either generally or with respect to any specified localities:
7. (6) “competent authority” means any person, officer or authority authorized by the State Government, by notification, to perform the functions and discharge the duties of the competent authority under all or any of the provisions of this Act for such area or for such purposes or for such classes of institutions as may be specified in the notification;
8. (7) “commerce education” means education in typewriting, shorthand, Book-keeping and accountancy, business studies, office practice and procedure, salesmanship and marketing, banking practice, insurance practice and such other subjects as may be notified by the State Government;
9. (8) “commerce institution” means any institution imparting commerce education and presenting students for examinations conducted by the Central Board of Secondary Education Examination or the Council of Indian School Certificate Examination or any such Board ifany.
10. (9) “district” means any of the districts as declared by the Government of Arunachal Pradesh under the Arunachal Pradesh (Re-organization of Districts) Act, 1980 (Act No. 3 of 1980);
11. (10) “District Education Officer” means an Officer appointed as Deputy Director of School Education and includes such other subordinate officer as may be prescribed to be in-charge of the administration of the elementary and secondary education as well as non-formal education in a district;
12. (11) “Director” means an officer appointed as the Director of School Education to discharge the function and exercise powers of the administration of secondary and elementary education or any such Director by whatever name called to discharge the function and exercise powers exclusively for elementary education in the State;
13. (12) “educational agency” in relation to a private educational institution, means any person or body of persons which has been established and is administering or proposes to establish and administer or is entrusted with the establishment, management, administration and maintenance of such private educational institution;
14. (13) “educational institution” means any institution imparting education referred to in section 3 and includes a private educational institution managed by an individual, body or local authority and is recognized by the State Government; but does not include an institution under the direct management of the university or of the Central Government or a tutorial institution;
15. (14) “employee” means a person employed in an educational institution or educational administration ;
16. (15) “general education” means every branch of education other than religious, professional, medical, technical or special education.
17. (16) “governing council” means any person or body of persons permitted or deemed to be permitted under this Act to establish or maintain a private educational institution; or commerce institution or tutorial institution and includes the governing body, by whatever name called, to which the affairs of the said educational institution are entrusted ;
18. (17) “grant” or “grant-in-aid” means any sum of money paid as aid out of the State funds to any educational institution ;
19. (18) (a) “managing committee” in respect of educational institution established, maintained and administered by the State Government means a committee at the school level with the composition-as may be prescribed by the Government by notification from time to time; and ”
    • (b) “managing committee” in respect of a private educational institution means the individual or the body of individuals entrusted or charged with the management and administration of and where a society, trust, or an association manages one or ‘more than one such institution, includes the managing committee of each such institution;
20. (19) “medical education” includes education in modern scientific medicine, in all its branches, Ayurvedic system of medicine, Unani system of medicine, integrated system of medicine, indigenous medicine, Naturopathy, Siddha or Homoeopathy and Yoga etc. ;
21. (20) “non-formal education” means the education, of a person upto fifteen years of age who has not attended any educational institution at any time before or as the case may be, who is a drop-out from an educational institution at any level of his studies therein to enable him to enter the formal educational system at an appropriate level ;
22. (21) “parent” means either natural or step or adoptive father or mother of achild;
23. (22) “guardian” in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or statute; CL ———————
24. (23) “notification” means a notification published in the Official Gazette :
25. (24) “prescribed” means prescribed by rules made under this Act ;
26. (25) “school” means any recognized school imparting education up to XIIth standard ;
27. (26) (a) “inter village school” means a Residential ~~ Primary School in which education is imparted by clubbing contiguous villages with stipend and other facilities ;
    • (b) “primary school” means a school or part of such school in which primary education up to V* standard is imparted ;
28. (27) “elementary education” means the education from class one to eighth as are prescribed under this Act ;
29. (28) “secondary education” means education in and up to such class or standard as may be prescribed under this Act ;
    • (a) “Secondary School” means a school or part of such school in which education up to Xth standard is imparted.
    • (b) “Higher Secondary School” means a school or part of such ! school in which education up to XIIth standard is imparted.
30. (29) “private educational institution” means any educational institution imparting education referred to in section 3, established and administered or maintained by any person or body of persons registered in the manner prescribed and does not include an educational institution;
    • (i) established and administered or maintained by the Central Government or the State Government or any local authority or any other authority designated or sponsored by the Central Government or the State Government ;
    • (ii) established and administered by any University established by law ;
    • (iii) giving, providing or imparting only religious instruction, but not any other instruction ; or
    • (iv) imparting instruction for which there is no approved syllabi or course of studies or Government or University Examination
31. (30) “private tuition” means instruction or teaching given by an employee of a recognized educational institution outside its premises to students;
32. (31) “public interest” includes public order. public health, public morality and other similar purposes;
33. (32) “ragging” means causing, inducing, compelling or forcing a student, whether by way of a practical joke or otherwise, to do any act which detracts from human dignity or violates his person or exposes him to ridicule by intimidating, wrongfully restraining, wrongfully confining, or injuring him or by using criminal force to him or by holding out to him any threat of such intimidation, wrongful restraint, wrongful confinement, injury or the usc of criminal force ;
34. (33) “recognized educational institution” means an educational institution recognized under this Act and includes one deemed to be recognized thereunder ;
35. (34) “registering authority” means any person, officer or authority authorized by the State Government by notification, to perform the functions and discharge the duties of the registering authority under all or any of the provisions of this Act for such area or for such purposes or for such classes of institutions as may be specified in the notification
36. (35) “secretary” inrelationtoa private educational institution means the person, by whatever name called, who under the rules or regulations of the private educational institution is a chief executive entrusted with management of the affairs of the institution;
37. (36) “society” includes a society registered under the Arunachal Pradesh Societies Registration (Extension to Arunachal Pradesh) Act, 1978 (Act No.6 of 1978) or Arunachal Pradesh Co-operative Societies Act,1978 ( Act No.3 of 1979) or any association of individuals registered under any other law for the time being in force;
38. (37) “special education” means education for the physically challenged, education in music, dance, drama, fine arts, and physical education including sports and games and such other types of education as the State Government may by notification in that behalf’ specify ;
39. (38) “compulsory education” means enforcement of free and compulsory elementary education in the State;
40. (39) “technical education” means any course of study in Engineering, Technology, Architecture, Ceramics, Industrial Training, Mining or any other subject, as the State Government may, by notification, specify ;
41. (40) “tribunal” means the Educational Appellate Tribunal constituted under section 93; CC ————————
42. (41) “tutorial institution” means a registered institution established or run by not less than two persons for systematically imparting education or instruction to not more than twenty five pupils at a batch in any subject with a view to prepare them to appear for any competitive examination or an examination in any branch of education conducted or recognized by the State Government or the Universities in the State or anybody or authority under this Act or any other law for the time being in force.
43. (42) “examination” means an examination prescribed by the State Government and such other examinations as may be notified by the State Government in the Official Gazette and includes evaluation, tabulation, publication of results and all other matters connected therewith ;
44. (43) “refusal to work” in relation to any person to whom any work in connection with any examination has been assigned means, his failure to attend at, or absence from, the place of work ona working day and during working hours, without obtaining permission of the authority +ompetent to grant such permission or his refusal to do the work or any other conduct on his part, which results in or is likely to result in cessation or substantial retardation of the work, and the words “ to refuse to do the work”, with all their grammatical variations and cognate expressions shall be construed accordingly;
45. (44) “malpractice” in relation to any examination means taking or giving or attempting to take or give any help from or to any person or from any material, written, recorded, typed or printed or from any person, in any form whatsoever.
46. (45) “state institutions”, that is to say, educational institutions established or maintained and administered by State Government;
47. (46) “local authority” means a municipal corporation or municipal council or Zilla Parishad or Panchayat by whatever name called and includes such other authority or body having administ:@give control over the school or empowered by or under any law for the time being in force to function as a local authority in a city, town or village ;
48. (47) “local authority institu tions”, that is to say, educational institutions established or maintained and administered by a local authority ;
49. (48) “surplus fund” means all the monies that remains unused with the institution at the beginning of each academic year, after providing for all the objects, needs requirements or improvements of the institution during the previous three academic years.
50. (49) “transfer of property” includes sale, exchange, mortgage. charge, lease or gift ;
51. (50) “persons interested” includes all persons claiming or entitled to claim interest in the amount payable on account of the taking over of the management of the educational institution or requisitioning or acquisition of the property used for the purposes of an educational institution or of any other institution connected therewith under this Act.
52. (51) Words importing the singular number also include plural number and vice-versa.
53. (52) Words importing the masculine gender also include the feminine gender. 3. Regulation of Education :-
54. (1) The State Government may regulate general education, science education, commerce education, agriculture/horticulture education, computer education, professional skill, vocational education, physical education, art education, and special education in and at elementary/ secondary/higher secondary levels as are prescribed in accordance with the provisions of this Act.
55. (2) The State Government may towards that end,
    • (a) establish and maintain educational institutions on the line and basis of all or any of the principle, guidelines, instructions, norms, rules and regulations as may be deemed appropriate given by the Council of Indian School Certificate Examination or Central Board of Secondary Education or National Institute of Open Schooling.
    • (b) establish and maintain Teacher Education Institutions on the line and basis of all or any of the principle, guidelines, instructions, norms, rules and regulations as may be deemed appropriate given by the National Council for Teacher Education.
    • (c) permit any local authority or a private body of persons to establish educational institutions and maintain them according to such specifications as may be prescribed :
    • (d) require registration of educational institution including tutorial institutions :
    • (e) recognize educational institutions ;
    • (f) grantaid to any recognized educational institutions in furtherance of the objects of this Act ; ee —————
    • (g) regulate the admission including the minimum or maximum number of pupils to be admitted to any course in any educational institution or class of such institutions, and the minimum age for such admission.
    • (h) prescribe the conditions for eligibility for admissions to any educational institution or class of such institutions.
      • (i) establish hostels or recognize private hostels and frame rules to be followed for providing grant-in-aid to recognized private hostels, () permit or establish institutions imparting education in arts, crafts, music, dance, drama or such other fine arts, physical education including sports:
    • (k) permit and establish institutions for inter-village/primary, elementary, secondary and higher secondary education, District Institute of Education & Training (DIET), District Resource Centre(DRC). State Institute of Education (SIE), State Council of Educational Research and Training (SCERT) or centers for adult : education, non-formal education, National Institute of Open Schooling (NIOS) and other similar institutions or centres;
      • (I) take from time to time such other steps as the State Government may consider necessary or expedient. 4. Prohibition of private tuition : On and after the date of commencement of this Act, no institution recognized or deemed to be recognized under this Act, shall permit any of its employees to give private tuition nor shall such employee impart such tuition to any person. 5. Promotion of education of the weaker sections and the physically challenged: The State Government shall endeavor to promote the education of the physically challenged and the weaker sections of the society including the economically weaker sections thereof and in particular of the Arunachal Pradesh Scheduled Tribes with special care by adopting towards that end such measure as may be appropriate. 6. Educational institutions to be in accordance with this Act: No educational institution shall be established or maintained otherwise than in accordance with the provisions of this Act or the rules made thereunder. 7. Government to prescribe curricula, etc: (1) Subject to such rules as may be prescribed, the State Government may, in respect of educational institutions, by order specify :
    • (a) the curricula, syllabi and text books for any course of instruction ;
    • (b) the duration of such course ;
    • (c) the medium of instruction ;
    • (d) the scheme of examinations and evaluation ; (¢) the number of working days and working hours in an academic year ;
    • (f) the rates at which tuition and other fees, building fund or other amount, by whatever name called, may be charged from students or on behalf of students ;
    • (g) the staff pattern (teaching and non-teaching) and the educational and other qualifications for different posts ;
    • (h) the facilities to be provided such as buildings, sanitary arrangements, playgrounds, furniture, equipment, library, teaching aid, laboratory, research and extension, workshops, training, seminar, conference, symposia etc.
      • (i) such other matters as are considered necessary.
56. (2) The curricula under sub-section (1) may also include schemes in respect of’;
    • (a) moral and ethical education ;
    • (b) population education, physical education, health education and sports ;,
    • (c) socially useful productive work, work experience and social service ;
    • (d) innovative, creative and research activities;
    • (e) promotion of national integration;
    • (f) promotion of civic sense; and
    • (g) promotion of rich socio-cultural heritage and friendly people character;
    • (h) promotion of socio-religious affinities;
      • (i) preservation and protection of tribal tradition, custom and their skillful craftsmanship;
    • (j) protection of faunal bio-diversity;
    • (k) inculcation of the sense of the following duties of citizens, enshrined in the Constitution namely; duty
      • (i) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem ; ee —————
      • (ii) to cherish and follow the noble ideals which inspired our national struggle for Freedom;
      • (iii) to uphold and protect the sovereignty, unity and integrity of India;
      • (iv) to defend the country and render national service when called upon to do so ;
      • (v) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities to renounce : practices derogatory to the dignity of women;
      • (vi) to value and preserve the rich heritage of our composite culture;
      • (vii) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures ;
      • (vii) to develop the scientific temper, human-ism and the spirit of inquiry and reform ; g (ix) to safeguard public property and to abjure violence ;
      • (x) tostrive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement.
57. (3) The prescription under sub-section (1) may be different for the different categories of educational institutions.
58. (4) (a) The objectives of education at the elementary level shall be universalization of education at the elementary level by comprehensive access by both formal and non formal means and by improving retention and completion rates with curriculum development and teacher education to help children to attain the required level of achievement in the following basic purposes.
    • (i) development of ‘basic skills’ in literacy in English language, numeracy and communication ;
    • (ii) development of “Life Skills’ for understanding of and meaningful interaction with the physical and social environment, including study of Indian culture and history, science, health and nutrition ;
    • (iii) introduction of “work experience’ or ‘socially useful productive work’ to provide children with the, ability to help themselves, to orient them to the work processes of society and to develop right attitudes to work ;
    • (iv) promotion of values including moral, ethical, civic and peace values; and
    • (v) development of good attitudes towards further learning;
    • (b) The main objective of education at the secondary level shall be to impart such general education as may be prescribed so as to make the pupil fit either for higher academic studies or for job- oriented vocational courses. The general education so imparted shall, among others, include-
      • (i) the development of linguistic skills and literary appreciation in the regional language or local language. . (ii) the attainment of prescribed standards of proficiency in any two other selected languages among classical or modern Indian languages including Hindi and English;
      • (iii) the acquisition of requisite knowledge in mathematics, physical and biological science with a special reference to the physical environment of the pupil;
      • (iv) the study of social sciences with special reference to history, geography, civics, economics, disaster management and global warming so as to acquire the minimum necessary knowledge in regard to the State, Country and the World; . (v) the introduction of ‘work experience’ or ‘socially useful productive work’ as an integral part of the curriculum; and
      • (vi) training in sports, games, physical exercises, yoga and other arts.
59. (5) In every recognized educational institution.
    • (a) the course of instruction shall conform to the curricula and other conditions under sub-section (1), and
    • (b) no part of the working hours prescribed shall be utilized for any purpose other than instruction in accordance with the curricula,
    • (c) endeavour to regulate education of the pupils by the teachers wherein
      • (i) the pupils are handled not by coercion but by persuasion so that their tender age is not abused;
      • (ii) the pupils are taught in a friendly, conducive, cordial, hygienic and congenial atmo r= adhering strictly to the medium of instruction ir; pracist, lucid, understandable and simple language; -
      • (iii) the pupils are not scolded. punished, slapped or beaten up;
      • (iv) the pupils are not segregated on the ground of caste, sex, region, religion, community or grounds in like manners. CHAPTER-II Educational Authorities 8. Appointment of Officers:- (1) The State Government shall constitute as many departments as it deems necessary to deal with the various aspects of education and appoint Director or Commissioner for cach department or group of departments.
60. (2) The State Government may also appoint such number of officers as may be necessary, designated as Additional Director, Joint Director, Deputy Director or otherwise, for each department or group of departments to assist each such Director in the exercise of the powers conferred on and the performance of the functions entrusted to him by or under this Act.
61. (3) Subject to the provisions of this Act and the general or special orders of the State Government made in this behalf, the Director or |, Commissioner appointed under sub-section (1) shall be the Chief Controlling authority in all matters connected with the administration of such part of education in the State as may be allotted by the State Government by an order in this behalf to the department or group of departments, of which he is the Director or Commissioner.
62. (4) (a) The Director or the Commissioner as specified in sub-section 3) shall regulate the matters with regards to transfer and posting of teachers in and from “hard belt- or rural’, ‘middle belt or semi-rural or semi-urban’ or ‘soft belt or urban’ or by whatever name called within or outside the districts/unit in an accountable and transparent manner depending upon the requirement of teachers or availability of vacancy in respect of educational institutions established, managed, administered and maintained by the State Government as may be prescribed. Explanation : For the purpose of this sub-section :-
    • (i) hard or rural belt means school locations requiring foot march of not less than one day or one stage ;
    • (ii) middle or semi-rural or semi-urban means school locations with minimum available ~~ motorable road connectivity ;
    • (ii) soft or urban means school locations with all weather road connectivity and other amenities such as education and health facilities etc. i
    • (a) They may by notification specify the Uniform Education Code with regards to the institutional planning. school discipline, admission and examination procedures, maintenance of school records and accounts, hostel administration, classification and conduct of co-curricular activities, educational code of ethics, pupil's fee. school uniform, common working hours etc. in respect of educational institutions established, managed, administered and maintained by the State Government as may be prescribed.
    • (b) They may frame appropriate service/recruitment rules for direct recruitment, absorption, transfer on deputation, promotion thereby streamlining the hierarchy of various teaching and non- teaching posts of the education department by taking into account the fulfillment of required educational qualification or such other consideration as may be prescribed.
    • (c) They shall initiate steps to create a separate cadre of Teacher Educators under School Education and frame appropriate service/recruitment rules for direct recruitment, absorption, . transfer on deputation and promotion. thereby streamlining the hierarchy of various teaching and non-teaching posts under “Teacher Education within the Department of Education by taking into account the fulfillment of required educational qualification or such other consideration as prescribed by the National Council for Teacher Education.
    • (d) The post of teachers at elementary, secondary and higher secondary stage of education shall be classified by considering their professional qualification and teaching responsibility. (¢) Depending upon the fulfillment of requisite qualification and length of service with other norms, primary teachers who possess such professional qualification as Diploma in Elementary Education (D.ELEd.) shall be considered for promotion and career mobility to the next higher level teaching post. () Ifthe State Government is of the opinion that any employment and officiating contract appointment be made on administrative exigencies in relation to the educational institution managed and administered by the State Government may, by giving to the employee one month's notice in writ 7 olery or wages for one month in lieu thereof, terminat: such contract employment and officiating services. JE NR
63. (5) The State Government may constitute such number of Vigilance Cells at the State, Division and District levels as it thinks fit with such number of officers as it deems necessary in each cell for each department to perform such duties and functions as may be prescribed for the proper observance of the provisions of this Act and rules made thereunder.
64. (6) All persons employed in the administration of this Act shall be subject to the superintendence, direction and control of the State Government and the officer or officers to whom each officer shall be subordinate shall be determined by the State Government. 9. District Education Officers and other subordinate officers and staff at the districtlevel. (1) The State Government may appoint for each District one or more District Education Officers, and every such District Education Officer shall exercise such powers and perform such functions as may be entrusted to him by or under this Act.
65. (2) The State Government may sanction the appointment of such number of officers and staff as may be necessary to assist the District Education Officer.
66. (3) The appointment to the posts sanctioned under sub-section (2) shall be made by such authority and in such manner as may be prescribed.
67. (4) The powers and functions of the officers and staff appointed under this section shall be such as may be prescribed. 10. Constitution of Board/Commission/State Council of Educational Research & Training:- (1) Consistent with clause (a) of sub-section (2) of section 3. the State Government shall continue to follow all rules and regulations of Central Board of Secondary Education and its Examination pattern till such time an appropriate independent State Board is constituted.
68. (2) As and when the State Government feels it necessary and expedient, may by notification, establish a Board of Secondary Education to be called “The Arunachal Pradesh Board of Secondary Education”, the composition, powers and functions of which shall be such as may be prescribed. The functions of the Board shall include.-
    • (a) advising the State Government on the co-ordinated development of Secondary Education in the State, and
    • (b) the conduct of examinations, conforming to the minimum standards as may be prescribed and the award of certificates.
69. (3) The State Government may further, by notification establish a Board of Teacher Education to be called “The Arunachal Pradesh Board of 499 . Teacher Education,” the composition and powers of which shall be such as may be prescribed. The functions of the Board shall be to advise the State Government on the courses of study, pre-service and in-service training to teachers and to conduct examination of pre- service teacher education and all other matters relating to teacher education. (4)(a) Also further the State Government may by notification constitute a Board or a Commission to be called the “Arunachal Pradesh Education Service Board” or the “Arunachal Pradesh Education Service Commission”. The Board or the Commission shall conduct examinations for recruitment to the various teaching and non-teaching posts up to the post of Group-B (Gazetted) as may be prescribed.
    • (b) The composition, powers and functions of the Board or the Commission may be such, as prescribed.
70. (5) The State Government shall by notification establish the State Council of Educational Research & Training (SCERT) in order to strengthen and promote quality teacher education to meet the general need of universal quality education in the State. For this purpose, the existing teaching and non-teaching posts, infrastructure etc. of State Institute of Education (SIE) may be absorbed as deemed appropriate in the SCERT.
71. (6) The State Government furthermore may, by notification, constitute such Board other than those specified in sub-sections (1) to (5), to discharge such functions and to exercise such powers as may be prescribed. CHAPTER-IIT Enforcement of Free and Compulsory Elementary Education 11. State Government to direct by notification Elementary Education to be free and compulsory in the entire State—(1) The State Government may, by order, direct that with effect from the commencement of such academic year and for children with such age group (6-14) as may be specified in the order, elementary education shall be free and compulsory in the entire State: Provided that a child who has completed the age of five years shall not be denied admission into the school.
72. (2) Every order under sub-section (1) shall be.-
    • (a) Published in the Official Gazette and in such other manner as the State Government may decide ; JE
    • (b) So made as to ensure that there is an interval of not less than thirty days between the date of the publication of the order and the first day of the specified academic year.
73. (3) No order shall be made under sub-section (1) in respect of school unless the State Government is satisfied that necessary facilities have been provided in that school for imparting elementary education to all children. 12. Enforcement of provisions of sections 13 to 143:- Subject to grammatical variations and cognate expressions and references made in section 2 all the provisions of sections 13 to 143 shall mutatis mutandis apply to all the educational institutions established. managed, administered, controlled and maintained by the State Government as may be prescribed. 13. Schemes for Free and Compulsory Elementary Education:-(1 )Any local authority, if called upon by the State Government so to do, shall within such time as may be specified by the State Government submit to them a scheme for free and compulsory elementary education in such locality within its jurisdiction for children ordinarily resident therein, of such ages and up to such standard as the State Government may specify.
74. (2) The Scheme submitted under sub-section (1), shall be in such form as the State Government may specify and shall contain the following particulars, namely.-
    • (a) The locality in which elementary education will be free and compulsory:
    • (b) The approximate number of children to whom the scheme will apply classified according to age.
    • (c) A list of existing approved schools and the schools if any, proposed to be opened for the purpose, classified by languages in which instruction is given or is proposed to be given:
    • (d) The number of teachers already employed and the additional staff proposed to be recruited;
    • (e) The recurring and non-recurring cost of the scheme; and
    • (f) Such other particulars as may be prescribed.
75. (3) The State Government may, after such inquiry as it may consider necessary, sanction with or without modification the scheme submitted by the local authority under sub-section (1). The implementation of the scheme so sanctioned shall be subject to the general control of and the directions issued from time to time. by the State Government.
76. (4) No sanction shall be accorded under sub-section (3) in respect of any scheme unless the State Government are satisfied that such steps, as may be prescribed, have been taken to provide the necessary facilities for imparting free and compulsory elementary education to all children to whom the scheme will apply.
77. (5) Onreceipt of sanction under sub-section (3) the local authority shall give effect to the scheme so sanctioned by means of a declaration that with effect from the first day of the next academic year, elementary education for children of both sexes up to such class or standard and within such age - group as may be specified therein shall be free and compulsory in any locality which may be so specified.
78. (6) Every declaration under sub-section (5) shall be published before the first day of April of each year immediately preceding the academic year, in the Official Gazette and in such other manner as the local authority or the Director of School Education, as the case may be, may decide : Provided that the State Government may, for any good and sufficient cause, condone any delay in the publication of such declaration in any year.
79. (7) Where any local authority fails to submit a scheme when called upon to do so under sub-section (1) or to give effect to any sanctioned scheme, under sub-section (5) to the satisfaction of the State Government, the State Government may cause the scheme to be submitted or the sanctioned scheme to be implemented as the case may be, by such person or authority as they think fit. The State Government may, at any time, entrust the administration of the sanctioned scheme to the local authority concerned. 14. Attendance authorities and their powers and duties : —
80. (1) Alocal authority in the case specified under section 13 and in other cases, the Director of School Education may appoint as many persons as it or he think fit to be attendance authorities for the purpose of this Act, and may also appoint as many persons as are considered necessary, to assist the attendance authorities in the discharge of their duties.
81. (2) It shall be the duty of the local authority and in any other case, the attendance authority, to cause to be prepared as early as possible in such manner as may be prescribed list of children within the age group (6-14) specified in the order under section 11 or in the scheme under section 13 in any locality. Such lists shall also be prepared in every year in every specified locality at such time and in such manner as may be prescribed. ee —
82. (3) The attendance authority or any person appointed to assist the attendance authority may put such question to any parent or enquire any person to furnish such information about his child, as it or be considered necessary. and every such parent shall be bound to answer such questions or to furnish such information. as the case may be. to the best of knowledge or belief.
83. (4) Itshall be the duty of the attendance authority to notify the parent of every child to whom the order under section 11 applies. but against whom no attendance order has been passed under section 18, that he is under an obligation to cause the child to attend an approved school with effect from the commencement of the specified academic year. 15. Responsibility of parent to cause his child to attend school - It shall be the duty of the parent of every child to cause the child to attend an approved school, unless there is a reasonable excuse for his non-attendance within . the meaning of section 16. 16. Reasonable excuse for non-attendance.- For the purpose of this Act. any of the following circumstances shall be deemed to be a reasonable excuse for the non-attendance of the child at an approved school, namely :-
    • (a) that there is no approved school within the prescribed distance from his residence;
    • (b) that the only approved school within the prescribed distance from the residence of the child to which the child can secure
      • • admission is one in which religious instruction of a nature not approved by his parent is compulsory :
    • (c) thatthe child is receiving instruction in some other manner which is declared to be satisfactory by the State Government or by an officer authorized by the State Government in this behalf ;
    • (d) that the child has already completed elementary education up to the standard specified in the order under section 11;
    • (e) that the child suffers from a physical or mental defect which prevents him from attendance ;
    • (f) that the child has been granted temporary leave of absence not exceeding the prescribed period by the prescribed authority or by any other person authorized by the prescribed authority in this behalf ;
    • (g) that there is any other compelling circumstance which prevents the child from attending school, provided the same is certified as such by the attendance authority ; and
    • (h) such other circumstance as may be prescribed. 17. Special schools for physically or mentally challenged children.- If there is in existence a special schoo! within the prescribed distance from the residence of a child who is suffering from physical or mental defect, the attendance authority may, if it is satisfied that the child is not receiving any instruction in some other manner considered by it to be satisfactory, by order require the child to attend the special school; and it shall be the duty of the parent of such child to cause the child to attend the special school unless there be a reasonable excuse for the non-attendance of the child within the meaning of section 16. 18. Attendance orders:- (1) Wherever the attendance authority has reason to believe that the parent of the child has failed to cause the child to attend an approved school and that there is no reasonable excuse for the non- attendance of the child within the meaning of section 16, it shall hold an inquiry in the prescribed manner.
84. (2) If, as a result of the inquiry, the attendance authority is satisfied that the child is liable to attend an approved school under this Act, and that there is no reasonable excuse for his non-attendance within the meaning of section 16, it shall pass an attendance order in the prescribed form, directing the person to cause the child to attend the approved school with effect from the date specified in the order.
85. (3) An attendance order passed against a parent in respect of his child under this section shall, subject to the provisions of sub-section (6), remain in force for so long as this Act continues to apply to the child.
86. (4) Ifany parent against whom an attendance order has been passed in respect of his child under sub-section (2), transfers the custody of the child to any other person during the period in which the attendance order is in force, such parent shall be bound immediately to inform the attendance authority in writing of such transfer.
87. (5) Where the attendance order has been passed against a parent in relation to his child under this section, such order shall have effect in relation to any other person to whom the custody of the child may be transferred during the period in which the attendance order is in force, as it has effect in relation to the person against whom it was originally passed.
88. (6) A parent may, at any time, apply to the attendance authority for cancellation of the attendance order on the ground :-
    • (a) that he is no longer the guardian or the person in actual custody of the child; or EE —— ME hak
    • (b) that circumstances have arisen which provide a reasonable excuse for non-attendance; and thereupon, the attendance authority may, after holding an enquiry in the prescribed manner cancel or modify the attendance order. 19. Children not to be employed so as to prevent them from attending school:- No person shall employ a child in a manner which shall prevent the child from attending an approved school. 20. Elementary Education to be free and compulsory :- (1) No fee shall be levied in respect of any child for attending an approved school, which is under the management of the State Government and subject to section 13, the private/local body schools falling under the granted scheme for free and compulsory education.
89. (2) Where in respect of any child an attendance order has been passed under section 18 and the only school which he can attend is an approved school under private management falling within sub-clause
    • (b) of clause (3) of section 2, the School Board or the Director of School Education may take such steps, as he may think fit, for the purpose of ensuring that the elementary education which the child is to receive is free. 21. Age of child, how to be computed:- The age of a child for the purposes of this Act, shall be computed in terms of years completed by the child on or before the first day of the academic year: Provided that where the birth day of a child falls on a day not later than sixty days from the first day of the academic year, the birth day shall B be deemed to fall on the first day of the academic year for the purpose of computing the age of the child. CHAPTER-IV Examinations and Prevention of Malpractices, etc. 22. Examinations :- (1) The examination/continuous and comprehensive evaluation (CCE) system, whether by internal assessment, external assessment or partly internal and partly external assessment, formative and summative assessment shall be so regulated by the competent authority as to make it a reliable and effective method of student evaluation.
90. (2) The Government may make rules for all matters connected with the implementation of the examination/CCE system and the conduct of examination and the pattern of examination system to which different classes of Government recognized schools should conform.
91. (3) Existing rules and regulations of examination pattern of Central Board of Secondary Education (CBSE) will remain same. 23. Duties of certain persons entrusted with the examination work :- No person,
    • (a) whois appointed as a paper sctter at any examination shall supply or cause to be supplied the question paper drawn by him or a copy thereof or communicate the contents of such paper to any person or give publicity thereto in any manner, except in accordance with the instructions given to him in writing by his appointing authority in this behalf; or
    • (b) who is entrusted with the work of printing, cyclostyling, typing or otherwise producing copies of any question paper set for the purposes of any examination shall supply or cause to be supplied a copy thereof or communicate the contents thereof to any person or give publicity thereto in any manner, except in accordance with the instructions given to him in writing by the authority who entrusted the work to him; or
    • (c) whois entrusted with the custody, or is otherwise in possession of any question paper set for the purposes of any examination shall supply or distribute or cause to be supplied or distributed any copy thereof or communicate the contents thereof to any person or give publicity thereto in any manner, except in accordance with the instrucflons given to him in writing by the authority who entrusted the custody or give possession thereof to him. 24. Prohibition of copying/unfair means at Examination, etc :- (1) No person shall in or near an examination hall copy answers to the question papers. set at the examination, from any book, notes or answer papers of other candidates or commit any other malpractices. Provided that nothing in this section. shall preclude such person from taking such assistance from books or materials as is permissible under the rules governing such examination.
92. (2) Cases of unfair means /copying shall be dealt as per the CBSE guidelines or guidelines issued by the State Government from time to time. 25. Prohibition of impersonating at Examinations:- No person shall appear or write at any examination for or on behalf of any other candidate. 26. Prohibition of loitering near Examinations Centre, etc:- No person, save in the discharge of his duties or orders of his superiors, shall during the 5 hours when an examination is conducted or any evaluation or tabulation work relating to any examination is done and one hour preceding the commencement of such examination, evaluation or tabulation work, loiter within the premises wherein the examination is held or evaluation or tabulation work is done or at any public or private place within a distance of one hundred meters from such premises: Provided that nothing contained in this section shall apply in respect of bona fide activities of any such person. 27. Alteration of the answers written at an examination, etc :- No person shall,
    • (a) save in accordance with the rules or orders governing the conduct of an examination,
      • (i) change, modify, vary or alter the answers written by an examinee at such examination; or
      • (ii) introduce additional answer books or sheets into an answer script or remove or substitute the answer scripts or any part thereof,
    • (b) intentionally or knowingly,
      • (i) make incorrect entries in an answer script or marks register or marks card; or
      • (ii) total or re-total wrongly the marks obtained by any candidate; or
      • (iii) feed wrong data to the computer, intend-ing thereby the wrongfully increase or decrease the marks awarded or to be awarded to the examinee at an examination. 28. Duty of employees of educational institutions to do examination work:- Notwithstanding anything contained in any law for the time being in force or in any contract or any judgment, decree or order of any Court or Tribunal, it shall be the duty of every officer, teacher or other employee of every educational institution and every person in the service or paid or remunerated by any educational institution to do any work assigned to him, in connection with any examination. CHAPTER-V Registration of Educational Institutions 29. Educational institutions to be registered :- (1) Save as otherwise provided in this Act, every local authority, institution and every private educational institution, established on or before the date of commencement of this Act or intended to be established thereafter, shall notwithstanding anything contained in any other law for the time being in force, be registered in accordance with this Act and the rules made thereunder. \ 507
93. (2) No person or local authority shall establish or as the case may be, run or maintain an educational institution requiring registration under this section, unless such institution is so registered. 30. Procedure for registration of educational institutions:- (1) Any local authority or any person or registered body of persons intending to.-
    • (a) establish an institution imparting education, or
    • (b) maintain an institution imparting education established on or before the date of commencement of this Act and in existence on such date, shall make an application for registration of such institution to the registering authority within such period and in such manner along with such fee as may be prescribed.
94. (2) While registering an institution under sub-section (1), the registering. authority shall have due regard to the following matters, namely. -
    • (a) that there is need for providing educational facilities to the people in the locality or for the type of education intended to be provided by the institution ;
    • (b) that there is adequate financial provision for continued and efficient maintenance of the institution as prescribed by the competent authority ;
    • (c) that the institution is proposed to be located in sanitary and healthy surroundings ;
    • (d) that the site for the building, playground and garden proposed to be provided and the building in which the institution is proposed to be housed conform to the rules prescribed therefor;
    • (e) that the teaching staff qualified according to rules made by the State Government in this behalf, is or shall be appointed; and
    • (f) that the applicant satisfies the requirements laid down by this Act and the rules and orders made thereunder.
95. (3) The registering authority shall within a period of three months from the date of receipt of the application :-
    • (a) register the institution and issue a certificate in the prescribed form, if the conditions specified or prescribed for registration have been complied with ; or
    • (b) specify or extend from time to time, the period for compliance with such conditions ; Provided that the registering authority, may if it deems necessary, obtain and consider a report on the need for such institution from the expert body constituted under section 36 before granting or refusing the registration
96. (4) Where any period is specified or extended under clause (b) of sub- section (3), the registering authority may register the institution if the conditions prescribed or specified for registration have been fulfilled within such period and issue a certificate in the prescribed form but shall refuse registration where there has been no such compliance. Every order of refusal shall disclose the grounds for such refusal and shall be in writing and shall be communicated to the concerned applicant.
97. (5) The Goveming Council of an educational institution registered under this section shall give intimation to the registering authority of any change in any of the particulars furnished under sub-section (1) or of closure of the institution. in such form. in such manner and shall, on receipt of such intimation, amend the register and the registration certificate wherever necessary or. as the case may be, cancel the certificate. 31. Up-gradation of educational institutions ete :- (1) Up-gradation of the educational institutions administered by the State Government from primary to middle, middle to secondary and secondary to higher secondary shall be made on fulfillment of the following :-
    • (a) Strength/enrolment of the students in the institution;
    • (b) Avenues of feeder schools:
    • (c) Adequate space for the expansion;
    • (d) Academic performance of last three consecutive years or; (¢) Any such requirement as. may be prescribed.
98. (2) Any local authority or any person or registered body of persons intending to:-
    • (a) open higher classes in an institution registered under this Act imparting education: or
    • (b) upgrade any such institution, may make an application to the registering authority for grant of permission therefor within such period and in such form accompanied by such fee as may be prescribed.
99. (3) Subject to such rules as may be prescribed. the provisions of sub- section (2) and (3) of section 30 shall mutatis mutandis, apply to the granting of permission on such application.
100. (4) Where permission is granted under this section the certificate of registration issued to the institution shall be altered or modified : accordingly. 32. Registration of a recognized educational institution:- (1) Notwithstanding anything contained in section 29, the registering authority shall register a local authority institution or a private educational institution if such institution has been recognized by the State Government or the authority competent to grant such recognition. as the case may be, before the date of commencement of this Act, in accordance with the rules or orders applicable 10 such recognition and the local authority or the Governing Council, as the case may be. files a statement in the prescribed form before the registering authority within a period of six months from such date.
101. (2) No fee shall be payable for the registration of an educational institution under sub-section (1).
102. (3) Notwithstanding anything contained in sub-section (1), where the registering authority is of opinion that a local authority institution or a private educational institution does not conform to the provisions made by or under this Act. it may direct the local authority concerned or as the case may be. the Governing Council of the private educational i institution to bring it in conformity with the same within such period or extended period as it may allow. 33. Cancellation of registration:- (1) Where it appears to the registering authority that in respect of any private educational institution or a local authority institution,-
     • (a) any condition for registration prescribed or specified under sub- section (2) of section 30 or the provisions of this Act or the rules made thereunder relating to registration are violated; or
     • (b) the local authority or the Governing Council to which a direction was given under sub-section (3) of section 32 has contravened the direction, it may, after holding such enquiry as it deems fit. send report to the competent authority recommending the cancellation of registration of such institution.
103. (2) The competent authority may upon the receipt of the report under sub-section (1). after giving the local authority or the Governing Council an opportunity of being heard, order the cancellation of the certificate or registration of the institution and the removal of its name from the register. Every such order shalt be communicated to the local authority or the Governing Council and to the registering authority. 34. Registration of Tutorial Institutions:- (1) (a) On or after the commencement of this Act, no tutorial institution shall be started without prior registration and an application for such registration shall be made to the registering authority in the prescribed manner along with such fee as may be prescribed. EE
     • (b) In the case of a tutorial institution in existence at the commencement of this Act. any person or body of persons managing such institution shall within ninety days from such commencement make an application for registering to the registering authority and if no such application is so made or if the registering authority communicates to him an order refusing the registration of institution under sub-section (2) of section 30, the person or body of persons managing such institution shall not run the institution from the date of expiration of ninety days aforesaid or the date of communication of such order of réfusal as the case may be.
104. (2) On receipt of an application under sub-section (1), the registering authority may, after satisfying itself whether or not the application contains all the prescribed particulars and that the tutorial institution complies with the minimum requirements prescribed in regard to the well equipped class room, prescribed number of the students, adequate infrastructure, sanitary condition of the premises and the qualifications of the teaching staff. either register the tutorial institution in a separate register to be maintained for the purpose or refuse the registration, and shall, where it so registers the institution, issue in the prescribed form a registration certificate in the name of the tutorial institution.
105. (3) The person or body of persons managing every tutorial institution so registered shall submit to the registering authority within two months after the end of every academic year, an annual report regarding the coaching facilities provided by it during the academic year.
106. (4) The persons or body of persons managing every tutorial institutions so registered, shall give intimation to the registering authority or any change in any of the particulars furnished under sub-section (2), or of closure of the institution, in such form. in such manner and within such time as may be prescribed. and the registering authority shall, on receipt of such intimation, amend register referred to in sub-section
107. (2) and the registration certificate wherever necessary, or as the case may be, cancel the certificate and notify the same.
108. (5) Where the person or body of persons managing any tutorial institution has, in the opinion of the registering authority, contravened any of the conditions subject to which the registration certificate is issued, the registering authority may, after giving the person or body of persons an opportunity, of making a representation, cancel the registration certificate and remove the name of the institution from the register referred to in sub-section (2) and notify the same. CHAPTER-VI Recognition of Educational Institutions, cte. 35. Recognition :- (1) Recognition may be accorded to any educational institution registered under this Act in accordance with the provisions of this Act and the rules made thereunder.
109. (2) The granting of recognition shall be subject to fulfillment of the following conditions. namely :-
     • (a) security deposit of the prescribed amount shall be made within the time specified.
     • (b) the Governing Council shall possess or be assured of adequate funds to run the institution on a stable footing; and
     • (c) such other general or special conditions as may be prescribed in regard to accommodation, appointment of teaching and other staff, the code of conduct to be accepted and observed by the Governing Council, furniture and equipment. syllabi, text-books and such other matters relating thereto.
110. (3) Any local authority or Governing Council seeking recognition, as the case may be, for a local authority institution or a private educational institution shall make an application to the competent authority furnishing such particulars and in such manner and accompanied by such fee as may be prescribed.
111. (4) The competent authority after satisfying itself that the application is in accordance with the rules, may dispose the application in accordance with sub-sections (6) to (8) of this section, or if deemed necessary forward the application to the expert body for obtaining its report under clause (b) of sub-section (1) of section 36.
112. (5) The expert body recciving the application forwarded under sub- section (4) shall return it to the competent authority along with its report within such time as may be prescribed.
113. (6) The competent authority. after considering the report, if any, received from the expert body and after holding such inspection or enquiry as it may deem necessary shall, by order, in writing,-
     • (a) grant recognition, where the conditions for recognition applicable to such institutions are fulfilled ; or
     • (b) grant approval provisionally suis. c io the fulfillment of the conditions for recognition with na period specified or extended from time to time by seeh authority a A a . 512 Provided that the educational institution shall not admit any fresh batch of students during the period of such provisional approval.
114. (7) Itaperiod is specified or extended under sub-clause (b} of sub-section (6). the competent authority may immediately afier the expiry of such period. obtain from the expert body, a report or a further report under section 36. The competent authority, after considering the report or the further report, if any, and holding such inspection or enquiry as may be deemed necessary shall. by order in writing grant recognition where all the conditions for recognition applicable to such institutions are fulfilled or for reasons to be recorded in writing, refuse recognition where such conditions are not fulfilled: Provided that recognition shall not be so reused unless the applicant is given an opportunity of being heard.
115. (8) Every order of grant or refusal of recognition passed under this section shall be communicated to the registering authority and to the applicant. 36. Expertbody :- (1) The State Government shall subject to such rules. as may be prescribed. constitute such number of bodies of experts as may be deemed necessary.
     • (a) to consider the need for providing educational facilities to the pupils in the locality or for the type of education;
     • (b) to consider whether the special conditions. if any for recognition applicable to any institution have been fulfilled by such institution; (¢) to recommend to the State Government from time to time, modifications or changes in the conditions for recognition: and
     • (d) to make recommendations to the State Government or the competent authority on such other matters as may be referred to it by the State Government or the competent authority.
116. (2) The Board of Experts constituted under sub-section (1) shall in accordance with the rules prescribed thereunder submit its report or further report to the competent authority or the State Government, as the case may be. 37. Recognition of existing institution, ete:- (1) Notwithstanding anything contained in section 35 :
     • (a) educational institutions cstablished and run by the State Government or by any authority sponsored by the Central or State Government or by a local authority and approved by the competent authority in accordance with such conditions as may be prescribed shall be deemed to be educational institutions recognized under this Act:
     • (b) all educational institutions or any locai authority institutions other than those specified in clause (a) imparting education, which are established and recognized in accordance with rules in force immediately before the commencement of this Actand in existence at such commencement shall be deemed to be educational institutions established and recognized under this Act. provided they comply with the provisions of this Act and the rules made thereunder within such period and in accordance with such procedure as may be prescribed.
117. (2) Any private educational institution imparting education which is in existence at the commencement of this Act but which has not been recognized in accordance with the rules in force immediately before such commencement shall discontinue to impart education from such commencement, unless within sixty days of such commencement, an application for recognition is made. in accordance with the provisions of this Act and the rules made thereunder and every such application shall be disposed of within sixty days of its receipt by the competent authority. No person shall run any such institution after the application for recognition is rejected. 38. Withdrawal of recognition: - (1) Where any local authority or the Governing Council of any private educational institution.
     • (a) fails to fulfill all or any of the conditions of recognition or fails to comply with the orders of the competent authority in regard to accommodation, equipments, syllabi, text-books, appointment, punishment and dismissal of teachers ;
     • (b) denies admission to any citizen on the ground of religion, race, caste, language or any of them ;
     • (c) directly or indirectly encourages in the educational institution any propaganda or practice wounding the religious feelings of any class or citizens of India or insulting religion or the religious belief of that class ©
     • (d) employs or continues to employ any teacher whose certificate has been cancelled or suspended by the competent authority after due enquiry or whe has been considered by the competent authority after due enquiry to be wafit or undesirable to be a teacher or arbitrarily terminate ©. zs of a wacher or fails to comply with the orders of he competent authority in this regard ; I ’ 514
     • (e) fails to remedy the defects in the instruction or accommodation like providing multi- tier system of beds or deficiencies in the management or discipline within such time as may be specified therefor by the competent authority ;
     • (f) runs educational institution on political affiliation or allegiance or on communal basis directly or indirectly :
     • (g) collects unauthorized fee/fund etc. with profit oriented motive;
     • (h) fails to ensure safety measures in the educational institution against hazards such as fire, electric combustion, unsanitary drinking water, tap and separate toilets for boys and girls including water logging and unsafe location etc.
       • (i) fails to fulfill the standard norms of area of school building, structure and sufficient arrangement of scparate entry and exit, ventilators, two emergency exit doors, fire extinguishers etc. including ladder entry and exit separately measuring minimum 1.5 meters wide where the school is established in multi-storied building ;
       • (i) contravenes any of the provisions of the Act, rules and orders made thereunder :
     • (k) the competent authority may, for reasons to be recorded in writing. withdraw the recognition of the institution or take such other action as is deemed necessary, after giving to the local authority or as the case may be, the Governing Council an opportunity of making its representation against such withdrawal or action.
118. (2) Where the State Government feels it expedient that the recognition granted to the local authority institution or private educational institution should in the public interest be withdrawn, may by notification withdraw the same after giving one month's notice to such institutions to make any representation.
119. (3) Notwithstanding anything contained in any other law for the time being in force, no educational institution which has not been recognized, or the recognition of which has been withdrawn under this Act shall be entitled, to :-
     • (a) receive any grant-in-aid from the State funds or other financial assistance or other facilities from the Government.
     • (b) send up or present candidates for examinations in courses of study conducted by a Board or the Government. CHAPTER- VI Management of Government Institutions, Recognized Private Educational Institutions and Local Authority Institutions, etc. 39.(1) Management Committee of Government Secondary and Higher Secondary Schools:- Every Secondary and Higher Secondary School under Department of Education shall constitute the school managing committee in the following prescribed manner consisting of not more than eleven members for a term of three years to sit twice in an academic session. The duties. powers and functions of the committee shall be as prescribed by the Government from time to time.
120. (2) Chairperson — Deputy Commissioner/Additional Deputy Commissioner/ Sub-Divisional Officer/ Extra Assistant Commissioner/ Circle Officer of concerned locality where school exists ;
     • (b) Member Secretary —- Principal/Headmaster of the concerned school :
     • (c) Members — Two reputed persons of the society ( one shall be woman), two parents of the students. two teachers of the school, school captain and the remaining members to be nominated or selected as the case may be ;
121. (2) Management Committee of Government Primary and Middle Schools :- Every Primary and Middle School under the Department of Education shall constitute the School Managing Committee or Village Education Committee consisting of not more than seven members for aterm of three years :-
     • (a) Chairperson - Preferably elected members of Panchayat or to be nominated from the host village/town/ward ;
     • (b) Member Secretary- Headmaster/In-charge Headmaster of the host school ; (¢) Members — four members from the host village/town/ward (including one teacher, one woman and one clite person)
     • (d) Ex-officio Member — one BEO/APO or any representative of DDSE. The committee shall meet once in three months. The duties, powers and functions of the committee shall be as prescribed by the Government from time to time.
122. (3) Duties of management of local authority institution:- (i) It shall be the duty of the management of local authority institution to comply with all the provisions of this Act and the rules or orders made thereunder.
     • (ii) Without prejudice to the generality of the foregoing provision, it shall be the duty of the Management of a Jocal authority institution.- EE | mA S16
     • (a) to ensure that all monies collected by or granted or allotted to the local authority by or under this Act. are expended for educational purposes: and
     • (b) to submit every year before such date and to such authority. as may be prescribed. an annual report relating to the administration of the local authority institution and an annual budget estimate relating thereto. 40. Management of recognized educational institutions :- (1) No recognized private educational institutions shall be managed except in conformity with the rules which the State Government may frame for such institutions.
123. (2) The rules under sub-section (1) may. inter alia. include:-
     • (i) qualification for posts of teaching and non-teaching employees
     • (i) the manner of recruitment of the teaching and non-teaching employees:
     • (iii) scales of pay & allowances as admissible:
     • (iv) leave. pension. provident fund. insurance and such other benefits;
     • (v) maintenance and enforcement of discipline of employees:
     • (vi) powers. functions and responsibilitics of the management;
     • (vii) dutics and responsibilities of the Secretary : and
     • (viii) maintenance and submission of records. accounts and other returns to the prescribed authority.
124. (3) While recruiting the teaching and non-teaching employees. every recognized educational institution shall comply with the orders issued by the State Government from time to time for reservation of posts for Scheduled Castes. Scheduled Tribes and other backward classes of citizens and the weaker sections of people.
125. (4) The Governing Council shall have the power to appoint the head of the institution and also to take disciplinary action against him according to the prescribed rule
126. (5) If there is a change in the Governing Council of the institution or change in the location of the institution a fresh application for recognition shall be made as if it were a newly started institution. 41. Managing Committee: - (1) Every recognized private educational institution shall have a Managing Committee by whatever name called . (2) The Managing Committee shall be reconstituted once in three years.
127. (3) The Managing Committee shall consistof not less than nine members nominated by the Governing Council, of whom not less than three including the academic head of the institution and two members of the teaching staft shall be representatives of teachers of the institution and at least two other shall be representatives of parents sclected in accordance with the prescribed rules : Provided that
     • (a) such members of the staff shall be nominated by rotation according to seniority for a period of three years each: and
     • (b) where the institution has less than three members of the teaching staff, all of them shall be representatives of the teachers: Provided further that not more than two persons who are close relations shall be nominated as members of the Managing Committee. For the purpose of this proviso close relations means. spouses, parents. children. brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, father’s brothers and sisters, mother’s. brothers and sisters. brothers or sisters sons or daughters Explanation : - The number mentioned in this sub-section shall be in addition to the representatives. if any. of the State Government or as required by or under any law fo r the time being in force.
128. (4) Notwithstanding anything contained in sub-sections (1) to (3) the Board of trustees or governing body or wakf board, by whatever name called, constituted or appointed under any other law for the time being in force relating to charitable and other similar institutions and endowments and wakf, shall be deemed to be a Managing Committee constituted under this sub-section. 42. President and Secretary:- (1) There shall be a President and Secretary for every Managing Committee appointed from among its members : Provided that no employee of the private educational institution other than its academic head shall be chosen as the Secretary : Provided further that every person who. on the date of commencement of this Act, is exercising the powers of the Secretary shall be deemed to be the Secretary of the institution.
129. (2) The Secretary shall, subject to the general superintendence and control of the Managing Committee, be the Chief Executive of the institution in all matters pertaining to the private educational institution and all acts done by the Secretary in connection with the affairs of the educational institution shall be binding on the Governing Council. Provided that the Governing Council may within a period of thirty days from the date of the aforesaid acts of the Secretary, modify or cancel such act.
130. (3) The Secretary shall be the custodian of all its property and records and shall be responsible for their proper custody. maintenance and safety. He shall exercise such other powers and perform such other duties as may be prescribed. 43. Removal of the Secretary : - Notwithstanding anything contained in section 42. if at any time the competent authority is satisfied that the Secretary is not managing the private educational institution in accordance with the provisions of this Act and the rules it may direct the Goveming Council to replace the Secretary by another person. The Governing Council shall be bound to comply with the said direction. 44. Meetings, etc. :- (1) The Managing Committee shall hold such number of meetings at such place and observe such rules of procedure in regard to the institutional matters at its meetings (including the quorum at the meetings) as may be prescribed : . Provided that the Managing Committee shall meet at least once in six months.
131. (2) ‘The President or in his absence, any member chosen by the members present shall preside at a meeting.
132. (3) All questions at the meeting shall be decided by a majority of votes of the members present and voting and in the case of equality of votes; the person presiding shall have the right to exercise a second or casting vote. 45. Powers and functions of the Managing Committee.- (1) Subject to the provisions of this Act and the rules prescribed thereunder, the Managing Committee shall have the following powers and functions, namely.-
     • (a) to carry on the general administration of the private educational institution ;
     • (b) to appoint teachers and other employees of the private educational institutions except the head :
     • (c) to take disciplinary action against the teachers and other employees except the head of the institution ;
     • (d) to supervise and control the employees of the institution: and
     • (e) to look into the welfare of the teachers and other employees ; () to help the academic head to maintain tone and discipline of the institution :
133. (2) toreview the budget and other financial matter of the institution;
     • (h) any other matters which may be prescribed
134. (2) Any decision or action taken by the Managing Committee shall be communicated by the Secretary to the Governing Council within thirty days there from. Any decision or action taken and so communicated shall be deemed to be the decision or action taken by the Governing Council unless the Governing Council within a period of twenty-one days from the date of receipt of the communication rescinds or modifies it CHAPTER- VII Admission in Recognized Educational Institutions, Scales of Fees, etc. 46. Admission, etc., to be according to rules: - Admission in the Government schools shall be made without any distinction of religion, race, caste, creed, place of birth or any of them. Admission of students 10 a recognized educational institution including the maximum number of students to be admitted thereto, their transfers, migrations and removal shall be in accordance with such rules as may be prescribed. 47. Fees:
135. (1) There shall be common fee structure in all Government schools of the State at the prescribed stage.
136. (2) Fee charges should be commensurate with the facilities provided by the institution under the heads prescribed by the Directorate of School Education.
137. (3) No fee in the name of capitation or voluntary donation or lottery or any other such form should be collected in the name of school.
138. (4) The fee should not be revised during the midsession.
139. (5) Subject to any other law for the time being in force, no Goveming Council of a recognized educational institution shall levy or collect any fees or charges or donations or other payments, by whatever name called, save such and at such rate and in such manner as may be prescribed.
140. (6) The amounts levied or collected under sub-section (5) shall be utilized judiciously for the school development by the educational institution in accordance with such rules as may be prescribed. CHAPTER-IX Grants-in-aid 48. Government to set apart sum for giving grant-in-aid to certain recognized institution :- (1) The State Government shall within the limits of its DE cconomic capacity or as per availability of fund. set apart a sum of money annually for being given as grant-in-aid (thereinatier in this Act referred to as grant) to local authority institutions and private institutions in the State recognized for this purpose in accordance with rules made in this behalf.
141. (2) The rules made under sub-section (1) may also require the institution receiving the grant to comply with any provision for the reservation of appointments or posts in favour of Scheduled Castes. Scheduled Tribes. any backward class and other reserved categories subject to such modification. if any. which the State Government may make in the application of such provision to any class or classes of such mMSULuions. 49. Authorities which may sanction grant:- (1) The State Government may in such cases as they think fit, by order, sanction grant to any recognized local authority educational institution or private educational institution subject to such conditions as they may impose in the order relating to such grant.
142. (2) Tvery grant sanctioned under sub-section (1) shall be disbursed by the Commissioner (Education) or the Director of School Education or such other officer subordinate to the Commissioner or the Director as the State Government may. by general or special order. authorize in this behalf in such manner and subject to such conditions as may be prescribed.
143. (3) The Governing Council of every recognized institution which is receiving any grant out of the Central or State funds shall be responsible for the fulfillment of all the conditions subject to which such grant has been given. 50. Monies received from sources other than grant: - (1) Subject to any law for the time being in force any money received by way of voluntary donation from donors may be accepted by the institution or the Governing Council and the fact shall be intimated mandatorily either by the head of the institution or the Governing Council within sixty days from the date of such acceptance to the competent authority. Such money shall be deposited in the account of the institution in such Nationalized or Scheduled Bank as may be approved by the State Government and shall be applied and expended for the improvement of the institution and the development of educational facilities and for such other purposes as may be prescribed.
144. (2) Subject to any aw for the time being in force, no money shall be collected before, during or afier admission of anv person by any educational institution as a condition precedent to such admission except towards the prescribed fees 51. Application for sanction of grant and the conditions to be fulfilled on such sanction:- (1) Every application for the sanction of grant shall be made to the State Government. in such form as may be prescribed and shall contain a declaration signed by the Governing Council of the recognized institution to the effect that the conditions of recognition and of grant are being and shall continue to be fully observed, that all facilities for inspection of that institution, its accounts, registers and other records relating to the grant shall be afforded to the inspecting staff deputed for the purpose and that all the returns and reports prescribed in this behalf shall be submitted to the competent authority within the time specified by it.
145. (2) The State Government may sanction such grant or for good and sufficient reasons refuse to sanction such grant.
146. (3) Subject to the other provisions of this Act. any order passed by the State Government refusing to sanction the grant shall be final and shall not be questioned in any court of law. 52. Powers of State Government to withhold reduce or withdraw grant :- i (1) Notwithstanding anything contained in this Chapter, the State Government may. after such enquiry as they may deem fit, withhold, reduce or withdraw any grant payable during the year to an educational institution having regard to the funds at the disposal of the State Government or the conduct and efficiency and the financial condition of such institution, after giving an opportunity to the Governing Council of the institution concerned of making a representation against such withholding, reduction or withdrawal.
147. (2) Without prejudice to the generality of the provisions of sub-section
148. (1) or any other provisions of this Act, the State Government may, after such enquiry as they may deem fit, withhold. reduce or withdraw any grant payable to any educational institution if the Governing Council of the institution concerned :-
     • (i) fails to fulfill all or any of the conditions of grant :
     • (i) denies admission fo any citizen on grounds only of religion. race, caste, language or any of them.
     • (iii) allows any employee of the institution to take part in any agitation intended to bring or attempt to bring into hatred or contempt or intended to excite or attempt to excite disaffection towards the Government established by law in India;
     • (iv) directly or indirectly. encourages any propaganda or practice or wounding the religious feelings of any class of citizens of India or insulting the religious beliefs of that class : ae
     • (v) is guilty of falsification of registers or misuse of funds for the purposes other than those for which they are collected :
     • (vi) fails to remedy within such reasonable time as specified by the competent authority the defects in the maintenance of accounts pointed out by the auditors : or
     • (vii) fails to restore, within the time specified by the competent authority, an employee whose services have been wrongfully dispensed with or fails to pay him any arrears of salary or other benefits when directed to do so by the competent authority.
149. (3) Subject to the other provisions of this Act, every order passed under this section shall be final and shall not be questioned in any court of law. 53. Utilization of funds and movable property of private institutions :- (1) All the monies received or held by or on behalf of every private institution shall be utilized for the purposes for which they are intended, and shall be accounted for by the Governing Council in such manner as may be prescribed.
150. (2) All the monies received or held by or on behalf of every private institution shall be deposited in a Scheduled Bank.
151. (3) The surplus fund of every such institution shall be invested in such manner as may be prescribed and shall be utilized towards educational development only. CHAPTER-X Accounts, Audit, Inspection and Returns 54. Accounts : - Every educational institution receiving grants out of State funds and other sources shall maintain accounts in such manner and containing such particulars as may be prescribed. 55. Annual audit of accounts : ~ (1) The accounts of every educational institution receiving grants out of State funds shall be audited at the end of every academic year in such manner, after following such procedure and by such authority. officer or person as may be prescribed and different authorities, officers or persons may be prescribed for different categories of educational institutions.
152. (2) The prescribed authority, officer or person shall have full access to the account books and other documents required to be maintained by the educational institution in respect of grants received by it out of State funds and shall send a copy of the report on the audit of the accounts under sub-section (1) to the competent authority who shall forward the report to the State Government. 56. Inspection or inquiry, etc. :- (1) The State Government or the competent authority may suo motu or otherwise cause an inspection of or inquiry in respect of any educational institution. its accounts, its buildings, laboratories, libraries. workshops, equipments and also of the examinations, teaching and other work conducted or done by the institution to be made by such person or persons as it may direct or to cause an inquiry to be held in respect of examination, working and financial condition of such institution or of any other matter connected with the institution in accordance with such rules as may be prescribed.
153. (2) The Governing Council and the employees of the educational institution shall at all reasonable times be bound to afford to the aforesaid officer all such assistance and facilities as may be required for the purpose of such inspection or inquiry.
154. (3) The officer empowered under sub-section (1) shall have the following powers, namely :-
     • (a) he shall, at all reasonable times have access 10 the books, accounts, documents. securities. cash and other properties belonging to or in the custody of the Governing Council and may summon any person in possession or responsible for the custody of such books, accounts, documents, securities, cash or other properties to produce the same at any place as he may direct
     • (b) he may summon any person who, he has reason to believe has any knowledge as to the affairs of the educational institution to appear before him and may examine such person on oath.
155. (4) the person or officer assigned for inspection or inquiry shall on completion of inspection or inquiry. submit the detail report for appropriate decision/action to the competent authority for onward submission to the State Government within the period as may be prescribed 57. Furnishing of returns ete: - Every educational institution shall within such time or within such extended time as may be fixed by the competent authority in this behalf, furnish to the competent authority such returns, statistics and other information as the competent authority may. from time to time. require. CHAPTER-X1 Prohibition of Transfer of Properties by Aided Educational Institutions 58. Prohibition of transfer of lands and buildings by educational institutions without the permission irom Government in certain cases: -(1) Where before or after the commencement of this Act :-
     • (a) any land or building has been acquired, constructed. improved or altered for the purposes of any educational institution, with the aid of any grant made from the State funds:
     • (b) any land or building has been transferred by the Government for use for the purposes of any educational institution, then notwithstanding anything to the contrary in any other law for the time being in force or in any deed of transfer or other document relating to the land or building, it shall not be transferred without the permission of the State Government under sub-section (2) nor shall the land or building be used for any purpose other than the purposes of the educational institution or purposes ancillary thereto without the permission of the State Government.
156. (2) The State Government may. by order in writing permit the transfer of any such land or building, subject to such conditions as it may impose, if -
     • (a) the transfer is made in furtherance of the purposes of the educational institution or of ancillary purposes approved by the State Government and the proceeds of such transfer are to be wholly utilized in furtherance of the said purposes ;
     • (b) the transfer is made only in part in furtherance of the purposes aforesaid, provided repayment is made to the State Government of such portion as the State Government may direct in the circumstances of the case, of the grant referred to in clause (a) of sub-section (1) or of the current market value of the land or N building referred to in clause (b) of sub-section (1) or of both. as the case may be ; (¢) the transfer is made for any other valid reason provided repayment is made to the State Government in full of the grant referred to in clause (a) of sub-section (1) or of the current market value of the land or building referred to in clause (b) of sub-section (1) or of both, as the case may be.
157. (3) Any transfer of land or building made without obtaining the permission of the Government under sub-section (2), shall be null and void. 59. Consequence of breach of provisions of section 58:- Where, in any case. the State Government, after giving the Governing Council of the Educational institution concerned an opportunity to make its representation in regard to the mater, is satisfied that the provisions of sub-section (I) of section 58 have been contravened in respect of any land or building it may. by order :-
     • (a) ifthe land or the land together with the building standing thereon belonged to the State Government and was transferred by it for the purposes of the educational institution, direct the Deputy Commissioner to take possession of the land or land together with the building standing thereon as the case may be, or at their option, direct the Governing Council to pay to it in full, the current market value of the land or of the land together with that of the building where it was also transferred by it and also the amount of the grant, if any, made by the State Government for improving the land or altering or constructing the building ; and
     • (b) if the land or the building, if any, standing thereon does not belong to the State Government, direct the Governing Council to repay in full the grant made by the State Government with interest from the date of contravention, at such rate as may be notified by the State Government. 60. Effect of orders under sub-section (2) of section 58 and 59 :- (1) Every order passed by the State Government under sub-section (2) of section 58 or section 59 shall, subject to the provisions of sub-sections (2) and (3) of this section, be final.
158. (2) The Governing Council of the institution not being a local authority, in respect of which such an order is passed, may on the ground that the amount repayable by or to it has been wrongly fixed in the order, apply within sixty days from the date on which the order is received by it to the District Judge having jurisdiction over the area in which the property in question is situated for fixing such amount correctly in accordance with the provisions of sub-section (2) of section 58 or section 59, as the case may be.
159. (3) The District judge shall determine the amount which is properly ’ repayable or payable by or to the Governing Council in accordance with the provisions of sub-section (2) of section 58 or section 59, as the case may be and such determination shall be final. 61. Land or building to vest in Government absolutely on possession being taken :- (1) When, in pursuance of an order under section 59, the Deputy Commissioner takes possession of any land or building by himself or through another, it shall vest absolutely in the State Government free from all encumbrances.
160. (2) Ifthe Deputy Commissioner or any person authorized by him in this behalf is opposed or impeded in taking possession cof any land or building under this chapter, he shall, if he is a Magistrate, enforce the J — surrender of such land or building to himself and if he is not a Magistrate, he shall apply to a Magistrate and such Magistrate shall enforce the surrender of the land or building to the Deputy Commissioner.
161. (3) Whoever opposes or impedes the Deputy Commissioner or any person authorized by him in taking possession of any land or building under this chapter shall be punished with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both. 62. Recovery of sums due under this chapter : - Any sum required to be repaid : or paid to the State Government in pursuance of section 58 or section 59 or section 60 may, without prejudice to any modes of recovery provided in any other law for the time being in force, be recovered from the properties of the institution or from the Governing Council thereof as if it were an arrear of land revenue due from such educational institution or Governing Council. 63. Court not to attach, sell etc., in the absence of permission of the State Government : - (1) No land or building referred to in sub-section (1) of section 58 shall be liable to be attached, sold or made subject to a charge by any court whether in execution of a decree or order or otherwise. unless the person seeking such relief from the court has obtained the permission of the State Government to do so and files such permission in the court.
162. (2) When granting such permission, the State Government may impose ' such conditions as it deems fit
163. (3) Ifany such land or building is attached or sold, or a charge is created thereon by any court without obtaining and filing the permission of the State Government as aforesaid or if any condition imposed by it when granting such permission is contravened, then the attachment. sale or charge, as the case may be. shall be null and void. CHAPTER-X1I Taking over of Management, Requisitioning and Acquisition of Educational Institutions s 64. Taking over of management of educational institutions in public interest :- (1) When the State Government is of the opinion that the management of any educational institution should either in the public interest or in order to secure the proper management of the said educational institution be taken over, it may. after giving one month's notice to the person or body of persons in-charge of the management of such educational institution to make any representation, direct by notification, that the management of the educational institution shall with effect on and from the date specified therein vest in the State Government.
164. (2) The educational institution referred to in sub-section (1) shall be deemed to include all assets. rights, and lease holds, powers, authorities and privileges and all property- movable and immovable including lands. building, stores, instruments and vehicles, cash balance. revenue fund, investments and book debts and all other rights and interests arising out of such property as were immediately before the date of taking over of the management under sub-section
165. (1) (hereinafter in this chapter referred to as the date aforesaid) in the ownership, possession, power or control of the management of such educational institution and all books of accounts, registers and all other documents of whatever nature relating thereto.
166. (3) Any contract. whether express or implied, or other arrangement (not being a contract) or agreement specified in section 59 in so far as it relates to the management of the educational institution, and in force immediately before the taking over, shall be deemed to have terminated on the date aforesaid.
167. (4) All persons, in whom the management of the educational institution vested immediately before the taking over shall, as from the date aforesaid. cease to be so vested and shall be deemed to have vacated their offices as such on the date aforesaid.
168. (5) Notwithstanding anything in any other law for the time being in force, no person in respect of whom any contract of management or other arrangement is terminated by reason of the provisions contained in sub-section (3) or who ceases to hold any office by reason of the provisions contained in sub-section (4) shall be entitled to claim any compensation for the premature termination of the contract of management or other arrangement of for the cessation of management or for the loss of office, as the case may be.
169. (6) Notwithstanding any judgment, decrec or order of any court, tribunal or other authority or anything contained in any other law for the time being in force. every person in whose possession or custody or under whose control the educational institution or any part thereof, or any properties attached thereto vest shall transfer the same to the special officer appointed by the State Government for the purpose of carrying on the management of such education :f wsuaoon for and on behalf of the State Government, or where nu special officer is appointed, to such other person as the State Government may direct. J
170. (7) For the removal of any doubt. a declaration as may be prescribed shall be made that any liability incurred by the private management in relation to the educational institution before the taking over shall be enforceable against the said Governing Council and not against the State Government or the Special Officer.
171. (8) The amount payable in respect of the vesting in the State Government or the Governing Council of an educational institution under sub- section (1) shall be at such rate as may be prescribed.
172. (9) The amount payable under sub-section (8) shall, subject to rules made under this Act, be paid by the competent authority to the person interested in the educational institution in such manner and within such time as may be prescribed. 65. Relinquishment of management of educational institutions :- (1) After the expiry of the period specified in sub-section (1) of section 64, the management of educational institution shall vest in accordance with the order, if any, of any Court. and if there be no such order, vest in the Governing Council or managing commitice (by whatever name called) of such educational institution or such other body or person, as the case may be entitled thereto.
173. (2) Ifatany time before the expiry of the period referred to in sub-section
174. (1) of section 64, it appears to the State Government that the purpose of vesting of the management of educational institution in the State Government has been fulfilled or that for any other reason it is not ‘ necessary that the management of such educational institution should remain vested in the State Government, it may, by order published in the Official Gazette, relinquish the management of such educational institution with effect from such date as may be specified in the order.
175. (3) Onand from the date specified under sub-section (1) the management of the educational institution shall be transferred in accordance with the order. of any Court, and if there be no such order, shall be transferred to the Governing Council or the managing committee (by whatever name called) of the educational institution or such other body or person, as the case may be, entitled thereto. 66. Power to terminate contract of employment : - If the State Government or the Special Officer appointed under section 64 is of the opinion that any contract of employment entered into by the Governing Council in relation to the educational institution at any time before taking over is unduly erroneous, it or he may. by giving to the employee one month's notice in writing or salary or wages for one month in lieu thereof, terminate such contract employment. 67. Contracts, etc., made in bad faith may be cancelled or varied :- (1) Ifthe State Government is satisfied, after such enquiry as it may think proper, that any contract or agreement entered into at any time within a period of two years immediately preceding the date aforesaid between the Governing Council in relation to the educational institution and any other person, in relation to any service, sale or supply to, or by the educational institution and in force immediately before the taking over has been entered into in bad faith or is found detrimental to the interest of the educational institution, it may make, within one hundred and eighty days from the date aforesaid an order canceling or varying (either unconditional or subject to such conditions as it may think fit to impose) such contract or agreement and thereafter the contract or agreement shall have effect accordingly : Provided that no contract or agreement shall be cancelled or varied except giving to the parties to the contract or agreement one month's notice to make a representation in this regard.
176. (2) Any person aggrieved by an order and under sub-section (1) may, within thirty days from the date of communication of the order, make an application to the district court of original jurisdiction within the local limits of whose jurisdiction the educational institution is situated for the variation or reversal of such order and thereupon such court may confirm, modify or reverse such order. 68. Requisitioning of an educational institution :- (1) Where recognition or permission granted to an educational institution is withdrawn by the State Government under sub-section (2) of section 38 or otherwise, or where an educational institution is closed before the last working day of an academic year and if the State Government consider it necessary to requisition any property- movable or immovable, which before the withdrawal of the recognition or permission or the closing of the institution or of any other institution connected therewith, such as hostel for students, quarters for the residence of employees or playground. then notwithstanding anything to the contrary in any other law for the time being in force, the State Government may, within three months from the withdrawal of the recognition or permission or the closing of the educational institution, as the case may be, requisition such property and make such further orders as appears 10 it to be necessary or expedient in connection with the requisition.
177. (2) Before requisitioning any property under sub-section (1), the State Government :-
     • (a) shall call upon the Governing Council or any other person who is in possession of the property by netice in writing show cause, JE ——— within thirty days of the date of the service of such notice to him why the property should not be requisitioned and shall consider the objections, if any. shown by the Governing Council ; and
     • (b) may. by order. direct that the Governing Council or any person shall not. without permission of competent authority. dispose of. structurally alter. lease or in any manner deal with. the property until the expiry of such period. not exceeding three months. as may be specified in the order.
178. (3) Where any property is requisitioned under sub-section (1) the Government may :-
     • (a) use or deal with such property for any educational purpose: or
     • (b) by order, permit any person or body or local authority to use or deal with such property for any such purpose. subject io the payment of such rent and other sums to the Government and the observance of such conditions as may be specified in the order. 69. Summary power for taking possession ofproperty :-(1) Any person remaming in possession of any property in contravention of an order issued under section 68 may be summarily dispossessed of such property by an officer empowered by the State Government in this behalf and in the case of a building if free access 10 it is not afforded to such officer. he may after giving reasonable time may. remove or open any lock or bolt or break open any door or do any other act necessary for effecting such dispos- session. ! 2) Ifany suchofficer is resisted in the exercise of such power or discharge of such duty. the Magistrate having jurisdiction shall. on a written requisition from such officer, direct any police officer not below the rank of Sub-Inspector to render such help as may be necessary to enable the officer 10 exercise such power or discharge such duty, 70. Release from requisitioning discharge of liability of the State Government :- (1) The State Government may. at any time. release any property requisitioned under this chapter and in such a case the possession of the property released from requisition shall be delivered to the Governing Council or any person from whose possession the preperty requisitioned was taken or if there were no such Governing Council or person. the person deemed by the State Government to be entitled tc the possession of such property, and such delivery ar possession shall be full discharge of the State Government from all liabilities in respect of that property which any other person may be entitled. by the duc process of law. 10 enforce against the person to whom possession of the property is so delivered.
179. (2) Where the person to whom possession of any such property is 10 be delivered cannot be found or has no agent or other person empowered to accept delivery on his behalf. the State Government shall cause to be published in the Official Gazette a notice declaring that the property is released from requisition. and in the case of any immovable property, the State Government shall also cause a copy thereof to be affixed, on some conspicuous part of such property.
180. (3) When the notice referred to in sub-section (2) is published in the Official Gazette. the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof. and the State Government shall not be liable for any amount, rent, or other claim in respect of such property for any period after the said date. 71. Acquisition of property (1) Where any property is vested under sub- section (1) of section 65 in connection with the management of an educational institution or is subject to requisition under sub-section (1) of section 68, the State Government may, if it consider it necessary to acquire the property for any public purpose connected with education. acquire at any time (but before the expiry of the period referred to in sub-section 1 ol section 65 such property for the said public purpose by publishing in the Official Gazette a notice 10 the effect that the State Government has decided to acquire the property in pursuance of this section. Provided that before issuing such notice. the State Government shall call upon the Governing Council or any other person who in the opinion of the State Government is the person interested in such property to show cause why the property should not be acquired: and after considering the objections, if any, shown by the Governing Council or other person interested in the property the State Government may pass such orders as it deem fit.
181. (2) When notice as aforesaid is published in the Official Gazette. the requisitioned property shall from the day on which the notice is so published. cease to be subject torrequisition and vest absolutely in the State Government free from all encumbrances. 72. Principles and methods of determining amount for property requisitioned or acquired :- (1) Where any property is requisitioned or acquired under this Act, the amount payable therefor shall be as determined and paid in the manner and in accordance with principles hereinafter set out, thatis to say :-
     • (a) where the amount is settled and fixed by agreement it shall be paid accordingly :
     • (b) where there is no such agreement. the State Government shall appoint an arbitrator. a person who is holding or has held a judicial office. not below the rank of a District Judge, for determining the amount ; (¢) atthe commencement of the proceedings before the arbitrator the State Government and the person to whom the amount is payable shall state what according to them is the fair amount:
     • (d) The arbitrator shall after the enquiry determine the amount which appears to him to be just and specify the person or persons to whom such amount shall be paid and in making the award determining the amount, he shall have regard to the circumstances of each case and the provisions of sub- sections (2), (3). (4) and (5) so far as they are applicable: (¢) Where there is any dispute as the person or persons who arc entitled to the amount, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than oneare entitled to the amount, he shall apportion the amount amongst such persons according to their rights: and
     • (f) The provisions of the Arbitration and Conciliation Act, 1996 (Central Act No.26 of 1996) shall apply not covered under this Act.
182. (2) The amount payable for the requisitioning of any property, movable ) or immovable, shall in respect of the period of requisition. be a sum equal to the rent which would have been payable for the use and occupation of the immovable property or for the use of the movable property if it had been taken on lease for that period.
183. (3) The amount payable for the acquisition of any immovable property under section 72 shall be, the price which the requisitioned property would have fetched in the open market if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition ;
184. (4) The amount payable for the acquisition of any movable property shall be the price which such property would have fetched in the open market if it had been sold on the date of acquisition.
185. (5) Where any property requisitioned or acquired under this Act was acquired with the grant from the State funds, the amount of such grant shall be taken into account in the prescribed manner in determining the amount payable. Explanation :- For purposes of this sub-section. all the property acquired by the educational institution shall be deemed to have been acquired with the aid of such grant, contribution, donation or collection unless the Governing Council of the educational institution proves to the satisfaction of the arbitrator that the property has been acquired otherwise. 73. Payment of amount for property requisitioned or acquired:- The amount payable under the award of arbitrator shall, subject to any rules made under this Act, be paid by the competent authority to the person interested, in such manner and within such time as may be specified in the award. 74. Appeal from the award of the arbitrator under section 72 in respect of amount:- Any person aggrieved by the award of the arbitrator under section 72 may, within sixty days from the date of such award, prefer an appeal to the High Court : Provided that the High Court may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 75. Arbitrator to have certain powers of civil court:- The arbitrator appointed under this chapter, while holding arbitration proceedings under this Act, shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, (Central Act 5 of 1908) in respect of the following matters, namely : -
     • (a) summoning and enforcing the attendance of any person and examining him on oath ;
     • (b) requiring the discovery and production of any document ;
     • (c) reception of evidence or affidavits ;
     • (d) requisitioning any public record from any court or office ; (¢) summoning to witnesses for examination. 76. Powers of entry and inspection and calling for information: - The competent authority may, for the purpose of requisitioning or acquiring any property under this chapter, by order:-
     • (a) empower any authority to enter and inspect any property speci. fied in the order liable to be requisitioned or acquired under this Act;
     • (b) require any person to furnish to such authority such information in his possession relating to the property as may be specified in the order. 77. Provisions for existing staff of educational institutions:- On and from the date of management of educational institution is vested in the State Government the existing staff of such educational institution shall be governed by such rules as may be pr escribed by the State Government. [EE CHAPTER- XII Provision for Ancillary services in recognized Educaticnal Institutions 78. Medical Examinations and Health Services :- (1) The State Government may prescribe rules as to the conduct of medical examinations and medical inspections of students in recognized educational institutions. and such rules, in particular make provision requiring that any class of such examinations or inspections shall be conducted by duly qualified medical practitioners having such special qualifications or experience as may be preseribed. or shall be conducted by a duly qualified medical practitioner selected by any educational authority.
186. (2) The State Government shall endeavour to establish an educational health service for the purpose of rendering medical or health assistance to students attending the recognized educational institutions. 79. Provision of meals and refreshments:- The State Government shall endeavour to provide mid-day meals and other refreshments as may be deemed necessary for pupils in aticndance ai recognized educational institutions. The State Government may make provisions by rules as to the manner in which and the persons by whom the expense of providing such meals or refreshments is to be defrayed, as to the facilities to be afforded and the services to be rendered by the Governing Council with respect to the provisions of such meals or refreshments and as to such other consequential matters. 80. Provision of facilities for recreation and physical training :- (1) It ! shall be the duty of every recognized educational institution to ensure that the facilities for education provided therein include adequate facilities for recreation and physical training.
187. (2) The State Government may establish, maintain and manage or assist the establishment. maintenance and management of camps, vocation classes. playing fields. play and physical education centres and other places at which facilities for recreation. sports and training as specified in sub-section (1) are available for persons receiving education in recognized educational institutions. 81. Guidance services:- The Sate Government shall endeavour to make adequate provisions for imparting educational. vocational. personal guidance and counseling services to students studying in recognized educational institutions 82. Library service:- The State Government shall endeavour to make provisions for the establishment of school libraries in recognized educational institutions and provide the necessary facilities for the proper use of such libraries by the students studying in such institutions. 83. Other miscellaneous services: - The State Government shall endeavour to make provisions for regulating other miscellaneous services such as literary and academic activitics, social service activities. cultural activities. labour week activities including NCC, NSS and Scouts and Guides Parade, programme and training etc. to the students studying in the recognized educational institution. CHAPTER-XIV ‘Terms and Conditions of Service of Employees in Private Educational Institutions $4. Qualifications and conditions of service of employees : - The State Government may make rules regulating the recruitment and conditions of service (including rights as regards disciplinary matters) of the employees in recognized private educational institutions : Provided that the minimum qualifications for recruitment, age of recruitment and retirement and benefits of retirement for employees in educational institutions receiving maintenance grant from the State Government shall be the same as those applicable for the corresponding category of employees, if any, in State Institutions unless otherwise prescribed. 85. Appointment of employces :- No person who does not possess the requisite qualifications prescribed under section 84 shall, on and from the date of commencement of this Act, be appointed, as an employee in a recognized private educational institutions. 86. Pay and allowances of Teachers and other employees:- The pay and allowances of persons employed in the recognized private institutions shall be paid on or before such day in every month, in such manner and by or through such officer or authority as may be prescribed. 87. Schedule of employment to be maintained :- (1) Every private educa- tional institution shall maintain « * chedule of employees indicating therein the number of persons in its employment, the name and qualification of cach employee, the grade of pay and such other particulars as may be prescribed.
188. (2) Within three months from the date of commencement of this Act and within a like period after any alteration in such schedule is made, a private educational institution shall submit a copy of the Schedule or alteration made therein, as the case may be, to the Director of School Education or such other officer as may be notified for this purpose.
189. (3) The Schedule of appointments for the time being in force shall be kept at the office of the private educational institution and shall during office hours, be open free of charge, for inspection by any employee of that private educational institution or any other authorized officer. The names and qualifications of the teaching staff shall be displayed in a prominent place in the institution. 88. Code of conduct :- (1) Every employee of a private educational institution shall be governed by the prescribed code of conduct and if he violates any provision thereof he shall be liable for the prescribed disciplinary action,
190. (2) The Managing Committee may with prior approval of the State Government or any authority authorized or prescribed in this behalf by the State Government also prescribe standards of conduct to be observed by employees, provided they are not inconsistent with those . prescribed under sub-section (1). 89. Dismissal, removal, etc :- (1) Subject to such rules as may be made in this behalf no teacher or other employee of a private educational institution shall be dismissed, removed or reduced in rank except :
     • (a) in accordance with the conditions of service governing him ;
     • (b) after an inquiry, in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of the said charges, and where it is proposed after ! such inquiry to impose on him such penalty, it may impose such penalty, on the basis of the evidence adduced during such inquiry : Provided that this sub-section shall not apply to temporary employees or to the dismissal, removal or reduction in rank of a teacher or other employees on the ground of misconduct which has led to his conviction on a criminal charge involving moral turpitude.
191. (2) No order imposing any penalty other than those referred to in sub- section (1) shall be passed except after :
     • (a) the teacher or employee is informed in writing of the proposal to take action against him and of the allegation on which it is proposed to be taken and given an opportunity to make any representation which he may wish to make ; and
     • (b) such representation, if any, is taken into consideration.
192. (3) (a) Ateacher or other employee may be placed under suspension by the managing committee :-
     • (i) where disciplinary proceeding against him is contemplated or is pending : or
     • (ii) where a case against him in respect of any criminal offence is under investigation or trial ;
     • (b) No such suspension shall remain in force for more than six months : Provided that if the enquiry is not completed within the period of six months, the Secretary shall report the matter to the competent authority, who may permit extension of the period of suspension beyond six months, if he is satisfied that the enquiry could not be so completed due to circumstances beyond the control of the Governing Council ;
     • (c) TheManaging Committee placing an employee under suspension shall forthwith report to the competent authority the circumstances in which the order was made ;
     • (d) Subject to such rules as may be prescribed, every employee placed under suspension under this section shall be entitled to such subsistence allowance as may be prescribed. 90. Communication of order : (1) Every order of the Managing Committee imposing any penalty or otherwise affecting the conditions of service of an employee to his prejudice shall be communicated to the employee in the prescribed manner.
193. (2) No order which has not been communicated in accordance with sub- section (1) shall be valid or be of any effect whatsoever. 91. Appeals : (1) Any teacher or other employee of a private educational institution who is dismissed, removed or reduced in rank may within three months from the date of communication of the order prefer an appeal to the appellate authority of the institution concerned or the Tribunal.
194. (2) The provisions of sections 4 and 5 of the Limitation Act, 1963, shall be applicable to such an appeal.
195. (3) If, before the date of commencement of this Act, any teacher or other employees has been dismissed, or removed or reduced in rank or his appointment has been otherwise terminated and any appeal preferred before that date :
     • (a) by him against such dismissal or removal or reduction in rank or termination : or
     • (b) by him or by the Governing Council against any order made in any appeal referred to in clause (a) © is pending before any officer. such appeal shall. notwithstanding anything in sub-section (1). stand wransferred to the appellate authority of the institution concerned or the Tribunal. if he makes an application in that behalf to such officer.
196. (4) The appellate authority of the institution concerned or the Tribunal shall dispose of the appeal filed under sub-section (1) or transferred under sub-section (3) after giving the parties the opportunity of being heard.
197. (5) Inrespect of an order imposing a penalty other than those specified in sub-section (1) of scetion 89, on any teacher or other employee. an appeal shall lie to the competent authority within three months from the date of communication of the order imposing such penalty.
198. (6) The competent authority shall dispose of an appeal preferred under sub-section (5) after giving the parties the opportunity of being heard.
199. (7) An appeal against an order of the competent authority under sub- section (6) shall lie within the prescribed period to the Tribunal whose decision shall be final 92. Court Fee : Notwithstanding anything m the law for the time being in force in the State of Arunachal Pradesh. every appeal to the Tribunal shall bear a court fee stamp as may be prescribed. 93. Tribunal : (1) The State Government shall, by notification in the Official Gazette constitute one or more Educational Appellate Tribunals for the adjudication of appeals preferred under this Act and where more than one ‘Tribunal is constituted, the State Government shall specify the territorial jurisdiction of each such Tribunal.
200. (2) The Educational Appellate Tribunal shall consist of one person who is or has been a judicial officer not below the rank of a District Judge: Provided that pending constitution of the Educational Appellate Tribunal under sub-section (1) he District Judge of each District shall function as the Educational Appellate Tribunal of the District.
201. (3) The Educational Appellate Tribunal :-
     • (a) may, if satisfied from the material on record that the order is arbitrary, perverse. malafide. violative of the rules of natural justice or not sustainable on any other ground. pass such orders including one for the reinstatement of the employee, as it deems fit on such terms and conditions, if any, including payment of salary. allowances and cosis ©
     • (b) shall for the purposes of the disposal of the appeals referred under this Act have the same powers as are vested in a court of appeal under the Code of Civil Procedure, 1908 (Central Act 5 of 1908);
     • (c) shall have the power to stay the operation of the order appealed against on such terms as it may think fit ;
     • (d) shall for the purpose of executing its own orders have the same powers as are vested in a court executing a decree of a civil court under the Code of Civil Procedure, 1908 (Central Act £0of 1908) as if such order were decrees of a civil court.
202. (4) All expenses incurred in connection with the Tribunal shall be borne from out of the Consolidated Fund of the State.
203. (5) NoCivil Court shall have jurisdiction in respect of matters over which the Tribunal exercises any power under this Act. 94. Resignation: (1) Any employee of a private educational institution may resign his service by giving a notice to the Governing Council in accordance with sub-section (2)
204. (2) Every such notice of resignation shall :
     • (a) conform to the terms and conditions of service governing such employee : and
     • (b) be in the prescribed form attested by an officer duly authorized in this behalf by the State Government. ’ (3) No resignation which is not in accordance with sub-section (2) shall be valid or be of any cffect whatsoever. 95. Retrenchment of employees : Where retrenchment of any employee is rendered necessary by the Governing Council or competent authority consequent on any change relating to education or course of instruction or due to any other reason, such retrenchment may be effected with the prior approval of the competent authority or the next higher authority, as the case may be. 96. Termination of service : An employee of a private educational institution who has been confirmed and whose services are retrenched or terminated by the Governing Council for reasons other than as a measure of punishment shall be entitled to compensation at the rate as may be prescribed by such private educational institution with the approval of the State Government. 97. Over-riding effect of this Chapter : The provisions of this chapter shall have effect notwithsanding anything in :
       • (i) any law for the time being in force : or
       • (ii) any award, agreement or contract of service made before or after the date of commencement of this Act ; or
       • (iii) any judgment, decree or order of a Court, Tribunal or any other authority ; Provided that where under any such law, award, agreement contract of service judgment, decree or order or otherwise, any employee is entitled to benefits more . favourable than accorded under this chapter such teacher . or other employee shall continue to be entitled to such benefits ; Provided further that nothing in the chapter shall preclude the teacher or other employee from entering into employment shall continue to be entitled to such favourable benefits. 98. Power of Government to impose penalties: - Notwithstanding anything contained in sections 89 and 91 and subject to such rules as may be proscribed, where the competent authority is of the opinion that disciplinary action against an employee is necessary, it may direct the Governing Council to take action within a specified period. If the Governing Council fails to comply with the direction, the competent authority shall report the matter to the State Government, which after considering the report may specify by order, a person or authority to take disciplinary action against the employee. The person or authority so specified may thereupon take disciplinary action against the employee and impose all or any of the penalties which the Governing Council can impose. An appeal shall lie from a decision of such person or authority to the Tribunal, within the prescribed period. CHAPTER-XV Control of Private Educational Institution 99. Code of Conduct for Governing Council : The Governing Council of private educational institutions shall be governed by such code of conduct as the State Government may prescribe. In such other matters arising under this Act and not covered by the Code of Conduct aforesaid, the Goveming Council shall be governed by such Code of Conduct prepared by it with the prior approval of the State Government as is not inconsistent with the Code of Conduct prescribed by the State Government which shall be communicated to the competent authority for information.