Chapter II ESTABLISHMENT, RECOGNITION MANAGE- MENT OF, AND AID TO SCHOOL.

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4. Power of the Government to regulate education in schools.

Statutory text

(1) The Government may subject to the provisions of clause (1) of Article 30 of the Constitution, regulate education in all the schools in Meghalaya in accordance with the provisions of this Act and the rules made thereunder.
(2) The Government may establish and maintain any schools in Meghalaya, may permit any person or authority to establish and maintain any school in Meghalaya, subject to compliance with the provision, of this Act and the rules made thereunder.
(3) On and from the commencement of this Act, the establishment of a new school or the closing down of an existing school or the opening of a higher class or the closing down of an existing, class in any existing school shall be subject to the provisions of this Act and the rules made thereunder.

Chapter II ESTABLISHMENT, RECOGNITION MANAGE- MENT OF, AND AID TO SCHOOL.

5. Recognition of Schools.

Statutory text

(1) Every application for recognition shall be addressed to the appropriate authority in such form and manner as may be prescribed.
(2) No recognition shall be given by the appropriate authority unless.
- (a) the Institution has adequate financial provision for continued and efficient maintenance of the Institution regarding payment of salary and allowances to its employees, as prescribed;
- (b) the area has the need for providing educational facilities to the people in the locality;
- (c) the Institution provides for approved course of study and efficient instruction;
- (d) the Institution has teachers with prescribed qualifications;
- (e) the Institution has the prescribed facilities for physical education, library service, laboratory work, workshop practice or co-curricular activities; and
- (f) the Institution satisfies the other requirements laid down by this Act and the rules and orders made thereunder.
(3) Every application under this Section shall be considered by the appropriate authority and the decision thereon shall be communicated to the applicant within a period of four months from the date of receipt of the application and in case recognition is not granted the reasons thereof also shall be communicated to the applicant within the said period.
(4) Any person aggrieved by any decision under sub-section (3) may, within thirty days from the date the decision is communicated to him, appeal against such decision to the prescribed authority in the prescribed manner and the decision of the prescribed authority thereon shall be final; Provided that the prescribed authority may, if it is satisfied that the appellant was prevented by sufficient cause form preferring the appeal within the said period of thirty days, extend for reasons to be recorded by it in writing, the said period by a further period sixty days.
(5) Where a school obtains recognition by fraud, misrepresentation or suppression of material particulars or where, after obtaining recognition, the school fails to continue to comply with any of the conditions specified in sub-sections (2), the appropriate authority may, after giving the managing committee of the school one months notice to show cause against the proposed action, withdraw the recognition.
(6) The recognition granted under this Act, shall not, by itself, entitle, entitle any school to, receive aid.
(7) Every existing recognised school shall be deemed to have been recognised under this Act and shall be subject to the provisions of this act and the rules made thereunder; Provided that where any such school does not satisfy any of the conditions specified in sub-section (2), the appropriated authority may require the school to satisfy such conditions within a specified period and if such conditions are not satisfied, recognition may be withdrawn from such school.
(8) Every school whose any such school does not satisfy any of the conditions specified in sub-section (7), may appeal, within one month from the date of communication of the order of withdrawal of recognition, to the prescribed authority, who shall dispose of the appeal within six months from the date of presentation of the appeal in such manner as may be prescribed, and if the appeal is not disposed of within that period, the order for the withdrawal of recognition shall, on the expiry of the said period of six months, stand cancelled.
(9) The appellate authority under sub-section (4) or sub- section (8) may, after giving the appellant a reasonable opportunity of being heard, pass such order as it may deem fit and proper.

Chapter II ESTABLISHMENT, RECOGNITION MANAGE- MENT OF, AND AID TO SCHOOL.

6. Scheme of management.

Statutory text

(1) Notwithstanding anything contained in any other law for the time being in force or in any instrument having effect by virtue of any such law the managing committee of every recognised school shall make, in accordance with the rules made under this Act and with the previous approval of the appropriate authority a scheme of management for such school: Provided that in the case of a recognised private school which does not receive any aid, the scheme of management shall apply with such variations and modifications as may be prescribed: Provided further that so much of this sub-section as relates to the previous approval of the appropriate authority, and the particulars of the scheme of management shall not apply in the case of minority school.
(2) A scheme may be made, in like manner, to add to, vary or modify any scheme made under sub-section (1).

Chapter II ESTABLISHMENT, RECOGNITION MANAGE- MENT OF, AND AID TO SCHOOL.

7. Aid to recognised schools.

Statutory text

(1) The State Government may, subject to such conditions and in such manner as may be prescribed pay to the Director, for distribution of aid to recognised private schools, such sum of money Government may consider necessary: Provided that no existing school, receiving aid immediately before the commencement of this Act, shall be eligible for the continuance of such aid unless it complies, within such period as may be specified by the Director, with conditions specified in the proviso to sub-section (2) of section 5.
(2) The authority competent to grant the aid may stop, reduce or suspend aid for violation of any of the conditions governing such aid, as prescribed.
(3) The aid may cover such part of the expenditure of the school as may be prescribed.
(4) No payment, out of the aid given for salary, allowances and provident fund of the employees of the school, shall be made for any other purpose.
(5) No aid shall be given to a school the management of which has been taken over under section 20.
(6) No unrecognised school shall be eligible to receive any aid or other financial assistance from the Government.

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