section 4
Recognition and Affiliation of Educational Institutions
The Mizoram Education Act, 2003Education200329 sections2 chapters
Chapter I Chapter I
Statutory text
Recognition and Affiliation of Educational Institutions
- (1) The appropriate authority may, on an application made to it in the prescribed form and in the prescribed manner, accord recognition to an educational institution under this Act. Provided that no educational institution shall be recognised unless-
- (a) it has adequate funds to ensure its financial stability and regular payment of salary and allowances to its employees;
- (b) it has duly approved scheme of management as required by section 5;
- (c) it has suitable or adequate accommodation and sanitary facilities having regard, among other factors, to the number, age and sex of the pupils/students attending it;
- (d) it provides for approved course of study and efficient instruction;
- (e) it has teachers with prescribed qualifications;
- (f) it has prescribed facilities for physical education, library service, laboratory work, workshop practice or co-curricular activities;
- (g) the area has the need for providing educational facilities to the people in the locality;
- (h) the educational institution is not run for profit to any individual, group or association of individuals or any other persons.
- (2) Every application for recognition of educational institution shall be entertained and considered by the appropriate authority and the decision thereon shall be communicated to the applicant within a period of six months from the date of the receipt of the application, and where recognition is not granted, the reason for not granting such recognition shall also be communicated to the applicant within the said period.
- (3) Where recognition to an educational institution is refused, any person or persons aggrieved by such refusal may, within thirty days from the date of communication to him or them, for such refusal, appeal against such refusal, in the prescribed manner to the Government and the decision of the Government thereon shall be final.
- (4) Where the Managing Committee or the Governing Body, as the case may be, of an educational institution obtains recognition by fraud, misrepresentation or suppression of material particulars or where, after obtaining recognition, the educational institution fails to continue to comply with any of the conditions specified in the proviso to sub-section (1), the authority granting the recognition may, after giving the Managing Committee or the Governing Body, as the case may be, of the educational institution one month's notice to show cause against the proposed action, withdraw the recognition.
- (5) The recognition granted under sub-section
- (1) shall not, by itself, entitle an educational institution to receive aid from the Government.
- (6) Every existing recognised educational institution shall be deemed to have been recognised under this section and shall be subject to the provisions of this Act and the rules made thereunder: Provided that where any educational institution does not satisfy any of the conditions specified in the proviso to sub-section (1), the appropriate authority may require the educational institution to satisfy such conditions and such other conditions as may be prescribed, within a specified period, and if any such condition is not satisfied, recognition maybe withdrawn for such educational institution.
- (7) Every educational institution whose recognition is withdrawn under sub-section (6), may appeal within one month from the date of communication of the order of withdrawal of recognition, to the Government who shall dispose of the appeal within three months from the date of presentation of the appeal in such manner as may be prescribed.
- (8) The Government as appellate authority under sub-section
- (3) and sub-section
- (7) may, after giving the appellant a reasonable opportunity of being heard, pass such order, as it may deem fit and proper.
- (9) For the purpose of public examinations, every recognised educational institution shall be affiliated to the Board, Council or University, approved by the Government, conducting such examinations and shall fulfill the conditions specified by such Board, Council or University in this behalf.
- (10) The students of recognised educational institutions shall be prepared for and presented to the public examinations or such other means of evaluation, prescribed by the approved Board, Council or University.
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