Permission for establishment of educational institution

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.