Chapter II ESTABLISHMENT, MANAGEMENT AND CONTROL OF EDUCATIONAL INSTITUTIONS

Establishment and recognition of educational institutions. 4.

1. (1) The State Government may regulate the primary and other stages of education in Government and private educational institutions.
2. (2) The State Government shall take, from time to time, such steps as they may consider necessary or expedient for the purpose of providing facilities for general education, special education, [technical and professional education] and for training of teachers.
3. (3) The State Government may, for the purposes of providing such facilities,—
   • (a) establish and maintain educational institutions;
   • (b) permit any person or body of persons, to establish and maintain educational institutions and recognise such institutions when so established in accordance with the provisions of this Act.
4. (4) The prescribed authority shall communicate the orders granting permission and recognition to the concerned person or body of persons.
5. (5) After the commencement of the Orissa Education (Amendment) Act, 1989, the establishment and recognition of any private educational institution shall be subject to the provisions of this Act and the rules made thereunder.
6. (6) All existing educational institutions shall be deemed to have been established in accordance with this Act.

Permission for establishment of educational institution. 5.

1. (1) No private educational institution which requires recognition, shall be established except in accordance with the provisions of this Act or the rules made thereunder.
2. (2) Any person or body of persons intending to,—
   • (a) establish a private educational institution; or
   • (b) open higher classes, new streams, new optional subjects, additional sections or increase the number of students to be admitted or introduce Honours Courses in new subjects in a recognised private educational institution; or
   • (c) upgrade any such institution, may make an application to the prescribed authority within such period and in such manner as may be prescribed for grant of permission therefor: Provided that in respect of applications which were pending on the date of commencement of the Orissa Education (Amendment) Act, 1994, the applicants shall be allowed a period of thirty days to submit revised applications in accordance with the provisions of this Act.
3. (3) The applicant along with the application for permission, shall furnish an undertaking that in the event of permission being granted,—
   • (i) adequate financial provision shall be made for continued and efficient maintenance of the institution;
   • (ii) the institution shall be located on the lands specified in the application and that such lands are located in sanitary and healthy surroundings;
   • (iii) the building, playground, furniture, fixtures and other facilities shall be provided in accordance with the provisions of this Act and rules prescribed therefor; and
   • (iv) all the requirements laid down by the Act, the rules and orders, if any, issued thereunder shall be complied.
4. (4) Every such application shall be supported by an affidavit attesting the fact that all information furnished therein are true and correct to the best of knowledge of the applicant.
5. (5) The prescribed authority shall scrutinise each application, consider the applications which are found complete in all respect and have been made in conformity with the Act and rule made thereunder and thereafter may make such inquiry as he may deem necessary. He shall make a report in respect of each application with his recommendations which shall be placed before the Committee constituted in this behalf by the State Government.
6. (6) If the Committee is satisfied that the educational needs of the local area justify the establishment of an educational institution that the place where the educational institution is proposed to be established is likely to best serve the educational needs of that area, that the location of the educational institution is not otherwise objectionable and that permission may be granted to any person or body of persons, the Committee shall make an order to that effect specifying the conditions to be fulfilled by such agency.
7. (7) The order made by the Committee shall be communicated to the applicant by the prescribed authority in such manner as may be prescribed.
8. (8) Any applicant aggrieved by an order refusing to grant permission may within one month from the date of receipt of such order, prefer an appeal before the State Government whose decision thereon shall be final and binding: Provided that provisions of sub-sections (3), (4), (5), (6),
9. (7) and (8) shall mutatis mutandis, apply to applications for purposes specified in clauses (b) and (c) of sub-section (2).
10. (9) When a new private educational institution is established in accordance with the permission granted under this section the fact of such establishment shall be reported by the Agency to the prescribed authority forthwith and in any case not later than forty-five days from the date on which the institution starts functioning.
11. (10) Where a new private educational institution in relation to which permission has been accorded under this section fails to start functioning within 45 days from the date of commencement of the academic year following the date on communication of the order of permission, the permission so accorded, shall lapse: Provided that the prescribed authority may, for good and sufficient reasons extend, on application, the date from which the educational institution shall start functioning for such period not exceeding beyond the first day of the following academic year.

1. (1) An application for recognition of a private educational institution shall be made to the prescribed authority on or before the 30th November of the academic year in which the institution starts functioning: Provided that no application for recognition filed before commencement of the Orissa Education (Amendment) Act, 1994 shall be rejected only on the ground that it has not been filed within the date specified in this sub-section. Explanation.—Academic year means a period of twelve months beginning with the 1st day of June and ending with the 31st day of May of the next calendar year.
2. (2) No private educational institution shall be eligible for recognition unless it has been established with prior permission under this Act.
3. (3) Every application for recognition shall be made in the prescribed form accompanied by such documents and information as may be prescribed. The applicant shall furnish a statement indicating the extent to which conditions specified in the order granting permission and conditions for recognition as specified under Section 6-A have been fulfilled. Every such application shall be supported by an affidavit attesting the fact that all information furnished therewith are true and correct to the best of the knowledge of the deponent.
4. (4) The prescribed authority shall scrutinise the applications. Such of the applications as are found to be complete in all respects and have been submitted in conformity with the provisions of the Act and the rules framed thereunder shall be considered, and thereafter the prescribed authority shall inspect or cause to be inspected the educational institution in respect of which recognition has been applied for, and shall make a report with his recommendations which shall be placed before a committee constituted by the State Government in this behalf.
5. (5) The State Government may constitute one or more committees for consideration of applications for recognition and such committee may be constituted for the whole State or for any part thereof or for different categories of private educational institution and may make regulations for conduct of business of such committees.
6. (6) The Committee shall consider the application for recognition together with the report and the recommendation of the prescribed authority and may call for such additional information or may direct such further inspection as it deems necessary. The Committee having considered all aspect shall make an order either granting recognition, or temporary recognition with or without conditions, or rejecting the application for reasons to be recorded. The prescribed authority shall communicate the order made by the Committee in such manner and with such particulars, if any, as may be prescribed.
7. (7) If the permission to establish a private educational institution is found to have been obtained by fraud or by misrepresentation of facts or through false declaration, the Committee constituted under sub-section (4) may refuse to recognise such institution.
8. (8) The Committee may refuse to recognise a private educational institution which has been permitted to be established if it is found guilty of improper competition with other educational institutions or of deliberate violation of any provision of this Act, the rules or any direction duly issued by the State Government or the Director.
9. (9) Where a private educational institution has not fulfilled the conditions for recognition in regard to land, building and furniture but the committee is satisfied that it has made reasonably adequate provisions for accommodation and imparting education, it may decide to grant temporary recognition for a period not exceeding one year at a time and not exceeding five years in aggregate. The application for extension of temporary recognition shall be made and considered in the same manner as an application for recognition and no extension of temporary recognition shall be granted unless the committee is satisfied that applicant has taken reasonable measures to fulfil the conditions for recognition and that there has been no deterioration in the standard of facilities during the year for which temporary recognition was granted: Provided that in computing the total period for which a private educational institution may be eligible for grant of temporary recognition, the number of years for which temporary recognition has been granted prior to the commencement of the Orissa Education (Amendment) Act, 1994 shall be taken into account: Provided further that any private educational institution which has received temporary recognition for a period of 4 years or more prior to the date of commencement of the Orissa Education (Amendment) Act, 1994 but has not been recognised may be granted temporary recognition for a period not exceeding one year at a time and two years in the aggregate after commencement of the Orissa Education (Amendment) Act, 1994 so as to enable such institution to fulfil all conditions for recognition.
10. (10) Any applicant aggrieved by an order refusing to accord recognition, may within one month from the date of communication of such order file a review petition before the committee constituted under sub-section (4). The committee after calling for such information and causing such further inquiry as may be necessary and after giving an opportunity of being heard to the petitioner shall take decision and dispose of the petition.
11. (11) Grant of recognition may be restricted to any standard or class or any stream or subjects or may extend to the whole institution. The procedure laid down for grant of recognition shall mutatis mutandis apply to applications for recognition in respect of increase in seats, opening of new faculties or courses, starting new subjects or opening of additional sections.
12. (12) No educational institution shall be eligible for affiliation or recognition by the Board of Secondary Education constituted under the Orissa Secondary Education Act, 1952 or the Council of Higher Secondary Education constituted under the Orissa Council of Higher Secondary Education Act, 1982 or any of the Universities established under the Orissa Universities Act, 1989 unless it has received recognition under this Act and continues to be so recognised. When the recognition granted to any private educational institution is withdrawn or suspended, the recognition or affiliation granted by the Board of Secondary Education, Council of Higher Secondary Education or any one of the Universities, as the case may be, shall be deemed to have been withdrawn or suspended: Provided that any educational institution which has received temporary recognition for a year under the Act shall only be eligible for temporary affiliation, or recognition, as the case may be, for that year.
13. (13) No recognition shall be accorded to an educational institution imparting technical and professional education which does not fulfil the conditions specified in any other law for the time being in force as are applicable to such institutions.

1. (1) No educational institution shall be eligible for recognition under section 6 unless it fulfils the following conditions, namely:—
   • (a) such extent of land as may be prescribed has been provided for the educational institution under a valid title and the institution is under lawful and valid possession of that land;
   • (b) the institution has been provided with a fire-proof building of its own with adequate ventilation and lighting consisting of such accommodation as may be prescribed for class rooms, laboratories, libraries, office accommodation, staff and students common room and toilets for men and women;
   • (c) adequate land is available and has been earmarked for playground and sufficient facilities have been provided for physical education, games and sports;
   • (d) land has been provided for cycle stands for High Schools, Higher Secondary Schools, Junior Colleges and Colleges, as the case may be;
   • (e) adequate provision have been made for supply of clean drinking water and sanitation;
   • (f) the land and the buildings of the educational institution are located in sanitary and healthy surroundings with suitable access from public roads;
   • (g) qualified teachers and non-teaching employees selected in accordance with the prescribed procedure as per the prescribed yardstick have been appointed;
   • (h) laboratory or laboratories where necessary have been provided together with required consumables;
     • (i) such equipments and teaching aids as are required have been provided;
   • (j) required furniture including Black Boards have been provided;
   • (k) the educational institution has been provided with library with such number of books and in such subjects as may be directed from time to time; and
   • (l) the educational institution has adequate financial resources for its continuance and efficient management.
2. (2) Every application for recognition shall be accompanied by an undertaking that the institution has adequate financial resources to meet the salary and other costs of the educational institution and that it shall not claim grant-in-aid from the State Government.
3. (3) The State Government may by order, relax any one or more of the conditions of recognition specified under sub-section (1) relating to land, building and furniture in respect of educational institution situated in an educationally backward district: Provided that no relaxation shall be made which would adversely affect the academic standards or quality of education. Explanation.—The expression “educationally backward district” shall for the purposes of this sub-section mean a district in which the percentage of literacy is less than fifty per cent of the total population of the district as per the latest census.

B.

1. (1) Recognition accorded under the Act may be withdrawn on one or more of the following grounds, namely:—
   • (a) the educational institution no longer fulfils the conditions for recognition ;
   • (b) the educational institution, its Managing Committee or the Governing Body, as the case may be, contravenes any of the provisions of the Act or the rules or directions of the State Government or of the prescribed authority ;
   • (c) the educational institution fails to maintain proper standard of education and discipline ;
   • (d) the educational institution fails to maintain required students strength as provided under section 11;
   • (e) the educational institution or its Managing Committee or the Governing Body, as the case may be, misutilises the funds of the institution or utilises it for any purpose other than for management of the educational institution ;
   • (f) the percentage of students passing the annual and supplementary examinations conducted by the Board of Secondary Education or the Council of Higher Secondary Education or the concerned University, as the case may be, falls short of half of the percentage of students passing such examinations for the entire Board, Coucil or University, as the case may be, for three consecutive years ;
   • (g) the educational institution fails to conduct examinations held by the Board, Council or the University or any other examining body of the State fairly and properly or the management or any of its employee assists or abets in malpractice in such examination or fails to prevent malpractices ;
   • (h) the educational institution is found to have admitted students, in excess of the recognised or affiliated strength or, in classes courses or stream or subjects in regard to which no permission has been received ;
     • (i) except as otherwise permitted the educational institution admits stduents on criteria other than merit, which in the context of reserved seats shall mean inter se merit within the reserved category ;
   • (j) the educational institution does not admit fresh students for two consecutive years or shifts to another locality or to different premises without prior permission ; and
   • (k) the educational institution has obtained recognition by fraud or misrepresentation of facts or through a false declaration.
2. (2) Where the prescribed authority is satisfied on own information or otherwise that circumstances exist for taking action for withdrawal of recognition of any educational institution, he shall make an enquiry or cause an enquiry to be made into the grounds on which recognition is proposed to be withdrawn and give an opportunity to the management to make representation within a period of thirty days against the proposed action. The prescribed authority shall furnish his report and recommendation to the Committee constituted under sub-section (4) of section 6.
3. (3) The Committee after considering the records, report and recommendation of the prescribed authority and after affording an opportunity to the management of being heard pass an order either withdrawing or suspending the recognition granted to the said institution.
4. (4) Notwithstanding the withdrawal or suspension of recognition under sub-section (3), the students admitted to that educational institution till the date of such withdrawal or suspension shall be allowed to continue as if the said educational institution continues to be recognised till that batch of students appear in the examination conducted by the Board, the Council or the University, as the case may be. The educational institution shall not admit fresh students during the period of suspension or after withdrawal of recognition.
5. (5) Any educational institution aggrieved by an order of the Committee withdrawing or suspending the recognition of any educational institution may prefer an appeal within a period of thirty days of the receipt of the order before the State Government whose decision thereon shall be final.

1. (1) Every private educational institution shall have a managing committee or governing body, as the case may be, constituted in accordance with the rules.
2. (2) The managing committee or the governing body, as the case may be, constituted for any private educational institution, shall obtain the approval of its constitution by the prescribed authority in the prescribed manner failing which the institution shall not be eligible for recognition.
3. (3) The managing committee or the governing body, as the case may be, shall be responsible for the proper management of the institution and shall exercise such powers and perform such functions as may be prescribed.
4. (4) A managing committee or the governing body, as the case may be, shall continue in office for a term of three years from the date of its approval by the prescribed authority under sub-section (2) and shall be reconstituted in accordance with the rules.
5. (5) The existing Managing Committees or the Governing Bodies, as the case may be, of aided or recognised educational institutions, which were constituted prior to the date of commencement of the Orissa Education (Amendment) Act, 1991 including those, if any, which are under supersession on the said date, shall be reconstituted in accordance with the rules that may be made under this Act for carrying out the provisions of this section as amended by the Orissa Education (Amendment) Act, 1989, within a period of two years from the date of commencement of the said rules and every such existing Managing Committee or Govering Body, as the case may be, shall cease to continue in office on and from the date on which it is so reconstituted.
6. (6) The prescribed authority may allow the Governing Body or the Managing Committee, as the case may be, whose term has expired under sub-section (4) or sub-section (2) of section 7-A to continue in office till the Governing Body or the Managing Committee is reconstituted, or appoint any person or persons to exercise the powers and discharge the functions of the Governing Body or the Managing Committee during the intervening period: Provided that the State Government may reconstitute the Governing Body or the Managing Committee as the case may be, notwithstanding that the term of such Governing Body or Managing Committee has not expired and on such reconstitution, the existing Managing Committee or Governing Body, as the case may be, shall stand dissolved.

A .(1) Whenever the prescribed authority is satisfied that the managing committee or, as the case may be, the governing body of any private educational institution has neglected or failed to perform any of the duties imposed by or under this Act or the rules or to give effect to the order or direction issued by the Tribunal under Section 24-A or has acted in excess of the authority vested in it or in any manner which is prejudicial to the interest of the educational institution, he may, after giving the managing committee or the governing body, as the case may be, a reasonable opportunity of showing cause, supersede the managing committee or the governing body, as the case may be.

1. (2) As soon as possible, after supersession of a managing committee or governing body, as the case may be, the prescribed authority shall reconstitute the managing committee or the governing body, as the case may be, and the managing committee or the governing body, so reconstituted shall, subject to the provision in sub-section (1), continue for a term of three years from the date of such reconstitution.
2. (3) During the period intervening the supersession or expiry of the term of a managing committee or governing body, as the case may be, and its reconstitution, the powers and functions of the managing committee or the governing body, as the case may be, shall be exercised by such person or persons as the prescribed authority may appoint.
3. (4) Any managing committee or governing body, as aggrieved by the order of supersession made under sub-section (1) may prefer an appeal before the State Government within thirty days from the date of the order and the decision of the State Government taken in the appeal shall be final.

B.

1. (1) The State Government or any officer or authority authorised by it may prescribe the qualifications to be possessed by persons for appointment as teachers including the norms relating to the requirement of such teachers in different categories of private educational institutions.
2. (2) Every private Educational Institution shall appoint qualified teachers and non-teaching staff by making selection in accordance with the procedure and criteria prescribed by the State Government.

C.

1. (1) The State Government shall within the limits of its economic capacity, set apart a sum of money annually for being given as grant-in-aid to private Educational Institution in the State.
2. (2) No order according permission or approval or recognition under this Act, whether prior to or after the commencement of the Orissa Education (Amendment) Act, 1994, shall entitle any private educational institution to receive grant-in-aid.
3. (3) Save as otherwise Provided, no private Educational Institution which has not been recognised by the State Government under this Act shall be entitled to receive any aid from the State Government.
4. (4) Notwithstanding anything contained in any law, rule, executive order or any judgement, decree or order of any Court, no grant-in-aid shall be paid and no Payment towards salary costs or any other expense shall be made to any Private educational institution or for any Post or to any person employed in any such institution after the commencement of the Orissa Education (Amendment) Act, 1994, except in accordance with an order or rule made under this Act. Grant-in-aid where admissible under the said rule or order as the case may be, shall be payable from such date as may be specified in that rule or order or from such date as may be determined by the State Government : Provided that pending framing of such rule or issue of order, the State Government may, without Prejudice to such rule or order, direct that private educational institutions which were receiving grant-in-aid and the posts in such educational institutions in respect of which grant-in-aid was being released shall continue to be paid such amount as grant-in-aid as was being paid to them immediately prior to commencement of the Orissa Education (Amendment) Act, 1994.
5. (5) Notwithstanding anything contained in any law, rule, executive order or any judgement, decree or order of any Court the following categories of private educational institutions shall only be eligible for consideration for payment of grant-in-aid:—
   • (a) Upper Primary Schools imparting instructions or course prescribed by the State Government in standards or classes VI and VII or Sanskrit Tols and Madrasas imparting equivalent courses.
   • (b) High Schools imparting instructions or course for High School Certificate Examination conducted by the Board of Secondary Education, Orissa or institutions imparting Madhyama Course of Shri Jagannath Sanskrit University and Madrasas imparting equivalent course.
   • (c) Higher Secondary Schools or Junior Colleges imparting instructions or course for Higher Secondary Examination conducted by the Council of Higher Secondary Education Orissa or institutions imparting Upasastri course of Shri Jagannath Sanskrit University and Madrasas imparting equivalent course.
   • (d) Colleges imparting courses for B.A., B.Sc, or B. Com, degrees of the Utkal, Berhampur and Sambalpur Universities and Shastri courses of Shri Jagannath Sanskrit University.
6. (6) No educational institution imparting any other courses of studies except those provided in sub-section (5) shall be eligible for grant-in-aid from Government. Educational Institutions established and/or managed by Urban Local Bodies, Zilla Parishads, Panchayat Samitis and Grama Panchayats, Public Sector Undertakings or Companies or Statutory bodies shall not be eligible for grant-in-aid under this Act.
7. (7) A Governing Body or Managing Committee desirous of availing the facility of grant-in-aid shall make an application for the purpose within such period and shall furnish such information and documents including audited statement of accounts of the institution as may be prescribed. It shall furnish with the application an undertaking to the effect that grant-in-aid sanctioned for the purpose or meeting part or whole of the salary costs shall be disbursed directly to employees concerned and to refund any excess or inadmissible payment that may have been made.

D.

1. (1) The prescribed authority may withdraw the grant-in-aid of a private educational institution, if—
   • (i) the recognition of the institution has been suspended or withdrawn;
   • (ii) the percentage of students passing the Annual and Supplementary examinations conducted by the Board of Secondary Education or the Council of Higher Secondary Education or the concerned University, as the case may be, falls short of half of the percentage of students passing such examination for the entire Board or the Council or the University, as the case may be, for three consecutive years;
   • (iii) the Governing Body or the Managing Committee, as the case may be, defaults in furnishing the statement under sub-section (1) of Section 8 or furnishes statement which is false or incorrect;
   • (iv) the Managing Committee or the Governing Body, as the case may be, or the Secretary of an aided educational institution acts in contravention of the provisions of sub-section (1) of Section 9, or of any order passed under sub-section (2) of Section 9;
   • (v) the Governing Body or the Managing Committee, as the case may be, or the Secretary is found to be misutilising the funds of the educational institution concerned including grant-in-aid received, if any, or utilising it for any purpose other than meeting the legitimate cost of running the educational institution, development of the educational institution, or welfare of the students or employees of that institution;
   • (vi) there has been persistent default in maintaining correct accounts of the receipts and expenditure of the educational institution or there has been persistent default in submitting audited statement of its accounts within the specified period;
   • (vii) the educational institution fails to conduct the examinations of the Board, the Council, or any of the Universities or any other examining bodies of the State fairly and properly or if the Governing Body or the Managing Committee, as the case may be, or any of its employees assists or abets in adoption of malpractices in such examinations or fails to prevent adoption of malpractices;
   • (viii) unless otherwise permitted, the educational institution is found to be admitting students on any criteria other than merit; Explanation—In the context of merit of students belonging to reserved categories it shall mean inter se merit within the respective category;
   • (ix) the private educational institution utilises the grant-in-aid for any purpose other than the purpose for which such grant-in-aid was paid specifically or fails to render satisfactory and timely account of its proper utilisation.
   • (x) the private educational institution has secured grant-in-aid by fraud or by misrepresentation of facts or by submission of incorrect facts through false declaration or by concealing any relevant information;
   • (xi) the aided educational institution refuses to accept a teacher posted on transfer or continues to retain the services of a teacher who has been transferred by the competent authority; and
   • (xii) the aided educational institution makes appointment in a manner not consistent with the Act and the Rules : Provided that where the prescribed authority is satisfied that prima facie circumstances exist for action under this sub-section, he may make an order suspending payment of grant-in-aid for such period not exceeding three months as he may deem fit.
2. (2) Before withdrawing the grant-in-aid, the Managing Committee or the Governing Body, as the case may be, shall be given a notice of the action proposed to be taken and required to show cause within a period of thirty days from the date of receipt of the notice as to why such action shall not be taken.
3. (3) The Managing Committee or the Governing Body, as the case may be, aggrieved by an order of the prescribed authority withdrawing grant-in-aid, may, in such manner and within such period not exceeding sixty days, as may be prescribed, prefer an appeal before the State Government, whose decision thereon shall be final.

E. Notwithstanding anything to the contrary contained in this Act, on and after the commencement of the Orissa Education (Amendment) Act, 1989, the State Government shall not accord permission for establishment of any Private Secondary Training School or Private Training College or recognise any such School or College established, if any, prior to the said date.

F. Notwithstanding anything contained in this Act or the rules made there under or in any judgement, decree or order of any Court the State Government shall not be bound to accord permission for establishment of any private Secondary Training School or Private Training College, or recognise any such school or College established, if any, prior to the 14th day of August, 1989 and non-recognition of such school or college shall not be questioned in any Court of Law or otherwise be open to challenge.

1. (1) Within the first week of June every year the managing committee or as the case may be, the governing body of every aided educational institution shall furnish to such officer as may be authorised by the State Government in that behalf a statement containing a list of all movable and immovable properties of the institution with such particulars as may be prescribed.
2. (3) The Secretary of an aided educational institution shall perform such functions as may be prescribed.

1. (1) Notwithstanding anything to the contrary contained in any law for the time being in force, no sale, mortgage, lease, pledge, charge or transfer of possession in respect of any property of an aided educational institution shall be created or made except with the previous permission in writing of such officer as may be authorised by the State Government in this behalf. The officer shall grant such permission applied for unless the grant of such permission will, in his opinion, adversely affect the working of the institution.
2. (2) Any person aggrieved by an Order of the Officer refusing or granting permission under sub-section (1) may, in such manner and within such time as may be prescribed, appeal to the State Government.
3. (3) Any transaction made in contravention of sub-section (1) shall be null and void.

1. (1) The qualifications required for appointment as teachers and other members of the staff of aided educational institutions and their conditions of service relating to salary, leave, pension, provident fund, age of retirement, disciplinary action and other matters shall be as may be prescribed: Provided that the terms and conditions of service prescribed in respect of teachers and other members of the staff who, on the constitution of a common cadre, have been absorbed in such cadre, shall not in any way be less favourable than the terms and conditions which were applicable to them immediately prior to such constitution.
2. (2) The State Government shall by notification constitute a Selection Board for the State to select teachers for aided Private Higher Secondary Institutions and Colleges and one such Board for each education circle to select teachers for aided Private High Schools and Upper Primary Schools: Such Boards may consist of such members as may be specified by such notification.
3. (3) The Selection Board shall prepare in the prescribed manner a list of candidates for appointment as teachers in aided educational institutions and all such appointments shall be made in accordance with the rules made in that behalf from out of the candidates included in the list so prepared.

A.

1. (1) The services of a teacher and other members of the staff of an aided educational institution shall not be terminated without obtaining the prior approval in writing of the—
   • (a) Director, in the case of a teacher and other members of the staff of a college; and
   • (b) Circle Inspector of Schools having jurisdiction, in the case of teacher and other members of the staff of a School.
2. (2) Every order passed by the Director or Circle Inspector, as the case may be, either according approval or refusing to accord approval under sub-section (1) shall be communicated to the parties concerned within three months of the reference.
3. (3) Any person aggrieved by an order passed under sub-section (1) may prefer an appeal to the Tribunal within one month from the date of receipt of the order.

B. Without prejudice to any other provision of this Act, no educational institution shall be entitled to receive any aid or grant from the State Government if its managing committee or Governing Body or Secretary acts in contravention of the provisions of sections 10-C and 10-D or of any order issued thereunder and the recognition granted to the educational institution may, on such contravention, be withdrawn by the State Government.

C.

1. (1) The State Government may, by order, constitute a common cadre in relation to all or any class of employees of all or any category of aided educational institutions, as may be specified in the order: Provided that the State Government may constitute a common cadre in relation to all or any class of employees of all or any category of aided High Schools or Upper Primary Schools for the whole State or for any education circle as may be specified in the order.
2. (2) Before constitution of a common cadre under sub-section (1) the Director in cases of Colleges, and the Inspector of Schools having jurisdiction, in cases of schools, shall furnish detailed information relating to the terms and conditions of service prescribed for such cadre to every employee belonging to that cadre with a notice requiring him to exercise his option within such period, not being less than thirty days and more than forty five days, as may be specified therein, for absorption or otherwise in such cadre.
3. (3) The option shall be exercised in writing and shall be filed with the Director or the Inspector of Schools, as the case may be.
4. (4) Any employee who fails to exercise his option within the aforesaid period shall be deemed to have opted for being absorbed in the common cadre.
5. (5) Where an employee of an educational institution exercises his option for not being absorbed in the common cadre, the managing committee or, as the case may be, the governing body of the institution shall terminate the services of such employee within fifteen days from the date of receipt of an intimation to that effect from the Director or, as the case may be, the Inspector of Schools; and the provisions of section 10-A shall not apply to any such termination.
6. (6) An employee belonging to a common cadre may be transferred from one institution to another by the prescribed authority and in the prescribed manner.
7. (7) Whenever an employee belonging to a common cadre is posted or transferred to an institution, the managing committee or, as the case may be, the governing body of that institution shall be bound to employ him in the service of the institution and to pay all amounts due to such employee on account of his pay, allowances and other dues from out of its fund or from the aid received, directly or otherwise, from the State Government, and he shall be deemed to be an employee of such institution for all purposes.
8. (8) Where the services of any person have been terminated under sub-section (5), he shall, without prejudice to his claims to any leave, provident fund, gratuity or other benefits, if any, as an employee of an aided educational institution to which he may be entitled on his retirement or termination of service had the common cadre not been constituted, be paid by the managing committee, or as the case may be, the governing body of the aided educational institution in which he last served, an amount determined in the following manner:— 1. In case of a permanent employee—
   • (a) where the continuous period of service rendered by him by the date of termination exceeds ten years. Pay for the remaining period of service or for six months, whichever is less ;
   • (b) where such service does not exceed ten years. Pay for the remaining period of service or for three months, whichever is less ;

2. In the case of a temporary employee. Pay for one month.

1. (9) For the purposes of calculating gratuity, if any, payable to any permanent employee whose services have been terminated under sub-section (5), the period of qualifying service of such employee shall be increased by the period calculated on the basis provided hereunder:—
   • (i) Where the period of actual qualifying service does not exceed five years. One year
   • (ii) Where such period exceeds five years but does not exceed ten years. Two years
   • (iii) Where such period exceeds ten years but does not exceed fifteen years. Three years
   • (iv) Where such period exceeds fifteen years. Four years

D. The State Government may, if satisfied that the expediency of the circumstances so requires, by general or special order, provide for any matter necessary, ancillary or incidental to the constitution and working of the common cadre for which this Act makes no provision or makes insufficient provision:

Pupils strength

1. (1) The private educational institutions shall have the minimum roll strength of pupils for each standard or class as hereinafter provided.
2. (2) In the case of Colleges and Higher Secondary Schools the minimum roll strength of pupils in each standard or class, or a section thereof, shall be—
   • (i) Sixty-four in relation to the Faculty of Arts;
   • (ii) Forty-eight in relation to the Faculty of Commerce;
   • (iii) Thirty-two in relation to the Faculty of Science: Provided that in the case of Colleges and Higher Secondary Schools located in Scheduled Areas, such minimum roll strength shall be half the respective minimum roll strength as specified in this sub-section.
3. (3) In the case of High Schools, the minimum roll strength of pupils for each standard or class shall be forty which shall be twenty-five if such Schools are located in Scheduled Areas.

Accounts and audits

1. (1) The accounts of aided educational institutions shall be kept in the prescribed manner and shall be subject to yearly audit.
2. (2) The provisions contained in the Orissa Local Fund Audit Act, 1948 shall, mutatis mutandis, apply for the purposes of audit of the accounts of aided educational institutions.
3. (3) For the purposes of the said Act, the State Government may appoint any officer to be the Examiner of Local Accounts.

No educational agency or managing committee or, as the case may be, governing body of any recognised educational institution shall close down the institution at any time within an academic session and without giving notice in writing of its intention so to do to the State Government at least twelve months before the date, with effect from which the institution is proposed to be closed down.

1. (1) The State Government may authorise any officer or officers to inspect educational institutions in the State.
2. (2) The officer authorised under sub-section (1) shall exercise general powers of inspection and supervision over the working of the institution and the discharge of duties and performance of functions by the managing committee or, as the case may be, the governing body of the institution.
3. (3) The managing committee or, as the case may be, the governing body and the employees of a recognised educational institution shall, at all reasonable times, be bound to afford to the aforesaid officer all assistance and facilities as may be necessary and reasonably required for the purposes of such inspection and supervision.
4. (4) The managing committee or, as the case may be, the governing body of a recognised educational institution shall make every effort for the improvement or removal of deficiencies in the management of the institution in accordance with the directions or suggestions given by the said officer.