section 30
Power to make rules
The Mizoram Education Act, 2003Education200329 sections2 chapters
Chapter I Chapter I
Statutory text
Power to make rules
- (1) The Government may, by notification, make rules to carry out the provisions of this Act.
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provioe for all or any of the following matters, namely:- i) the m-er in which education may be regulated and conducted in Mizoram; ii) the terms and conditidns which every existing educational institution shall be required to comply with; iii) the establishment of a new educational institution or opening of higher class o? the closing down of an existing educational institution or the closing down of aa existing class in any existing educational institution; iv) the fom and manner in which an application for recognition of an educational institution shall be made; v) the facilities to be provided or condition to be fulfilled by an educational institution to obtain recognition; vi) the manner in which and the authority to which, an appeal against the rehl or withdrawal of recognition shall be made; vii) the authorities to be speciaed for the purposes of the different provisions of this Act; viii) the particulars which a scheme of management shall contain and tht manner in which such a scheme shall be made; ix) variations and modifications which may be made in thi scheme of management for recognised institutions which does not wive any aid; x) the conditions under which aid may be granted to recognised educatiing institutions, and on the violation of which aid may be stopped, -- reduced - or suspended; xi) the part of the expenditure of rekognised educational institutions which is to be covered by aid; xii) the pmiculars of properties of an educational institution which shouId be furnished to the appropriate authority; xiii) the form in which, and the time within which, an appeal shall be preferred to the appropriate authority against an order made in relation to the transfer, mortgage or lease of any institutional property; xiv) the form and the manner, including fees, for preferring any other appeal under this Act; xv) the Code of Conduct for employ& and the disciplinary action to be taken for the violation thereof; xvi) the benefits which should be granted to the employees of aided educational institutions; xvii) the regulations for admission into educational institutions of pupils for the academic. courses, private study and other special courses and the clttendance thereat xviii) fees and other charges which may be collected by an aided or unaided recognid educational institution; xix) the inspection of educational institutions; xx) the terms of oftice, traveling and other allowances payable to the members of the State Advisory Board of Education; xxi) the financial and other returns to be filed by the Mahaging Committee or the Governing Body, as the case may be, of aided educational institutions ,ad authority by which such retams shall be audited; xxii) the educational purposes for which income derived by way of feeb by rec.&sed unaided educational institutions shall be spent; xxiii) the registers, statements, reports and other. information to be maintained or furnished by the Managing Conunittee or the Governing Body, as the we may be, in respect of educational institution's fund; xxiv) the manner of accountiag and operation of educational institution fund and other funds of aided and unaided educational institutions and also the auditing aushorib thereof; xxv) the manner in which any enquiry under this Act shall be made; xxvi) the powers and functions of the officers and other swpporting staff of t8e Education and Human Resources Development Depattrnent; xxvii)the declaration as to what constitute Pre-Primary and Primary Education for the purpose of free and compulsory primaqdelementary education covering 6-14 years age group; the various stages of formal education, professional education, vocational education, technical education, special education and other types of education; xxviii)The maintenance and administration'of aided educational institutions under this Act, and the constitution and hnctions of their Managing Committw or Governing Bodies, as the case may be, other than those of minority institutions; xxix) The steps to be taken for providing necessary facilities for imparting compulsory Primary education before notifying its implementation; xxx) The steps to be taken and infrastructure to be provided for implementing free and compulsory Primary Education; xxxi) The preparation and sanction of plans and estimates of a new educational building or extensions to be constructed with Government aid, and the requirements to be fulfilled by the an aging Committee or the Governing Body, as the case may be. of the institution in this regard; xxxii)the regulations for the use of text books, maps, plants, instruments and other laborntoy and sports cquipmcnt in ihc institutions; xxxiii)the opening of special morning or night classes and the conditions of their working and of parallel sections or classes in the institutions for linguistic minorities; xxxiv) the control of fees or other charges, or the manner of fixing fees or other charges payable in respect of any certificate, permission, marksheets or other documents for which such fees may be collected; and xxxv)all matters expressly required or allowed by this Act to be prescribed or in respect of which this Act makes no provision, or makes insufficient provision is, in the opinion of the Government, necessary for the proper implementation of this Act.
- (3) Every rule made under this Act shall be laid as soon as it may be after it is made before the Legislative Assembly of Mizoram, while it is in session for a period not less than seven days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the Legislative Assembly agree in making any modification in the rule or the Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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