The Orissa Education Act, 1969

ginvor Sar as GOVERNMENT OF ORISSA THE ORISSA EDUCATION ACT, 1969 (As modified up to the 31st May, 1995) [ Price—Rs, 9:00 ] LAW DEPARTMENT THE ORISSA AIDED EDUCATIONAL INSTITUTIONS (APPOINT.MENT OF LECTURERS VALIDATION) ACT, 1998 TABLE OF CONTENTS PREAMBLE SECTIONS 1, Short title 2. Definitions 3. Validationofcertain appointments. A eam ThveeOrissa’ abe hen. cus EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1333 CUTTACK, SATURDAY, OCTOBER 17, 1998/ASWINA 25, 1920 eS —< LAW DEPARTMENT NOTIFICATION The 17th October, 1998 No, 16146 Legis.—The following Act ofthe Orissa Legislative Assembly havingbeea assented to by the Governor onthe 10th October, 1993 ishereby published for general information. _ ORISSA ACT 14 OF 1998 THE ORISSA AIDED EDUCATIONAL INSTITUTIONS (APPOINTMENT OF LECTURERS VALIDATION) ACT, 1998 AN ACT TO VALIDATE THE APPOINTMENTS OF CERTAIN LECTURERS OF AIDED COLLEGES AND JUNIOR COLLEGES IN THE STATE. Bz it enacted by the Legislatureof the Stateof Orissain the Forty-ninth Year of the Republic of India as follows :— Shorttitle. 1. This Act may be called the Orissa Aided Educational Institutions {Appointment ofLecturers Validation) Act, 1998. Definitions. 2. In this Act, unless the context otherwise requires,— (a2) “aided College” means an aided educational institution whichis a College; (6) “aided Junior College” meansanaided educationalinstitution which is aJunior, College; {c) “Education Act” means the Orissa Education,Act, 1969; Orissa Act (@) “Selection Board” meansthe Selection Boardconstituted underthe Education Act; (e) wordsand expressions used butnot defined in this Actshall have the same meaning as respectively assignedtothemin theEducation Act orthe rulesframed thereunder, 2 Validation 3. (J) Notwithstanding anything contained in the Education Act or inthe of certain rulesframed thereunder, theLecturers ofaided Colleges and aided Junior Colleges = who have been appointed on temporary basis against approved or admissible ° posts by the concerned Governing Bodies during the period between the Ist January, 1985 and the 3lst December, 1992 andare continuingas such, having the requisite qualification prescribed to hold such post andare. in payroll ofthe concerned College against the said approved or admissible post, as the case may be, shall bedeemed to have been validly and regularly appointed, and no such appointment shail bechallenged in any Court of law merely onthe ground that such appointment was made otherwise taan in accordance with the procedure jaid down in theEducation Actorthe rules framed thereunder : Provided that the validation ofthe appoiatments as aforesaid shall not put Personsalreadyappointed regularlyand validly or persons who may beappointed onthe basis of the recommendation made by the SelectionBoard prior to the commencement of this Act, in a disadvantageous Position in any manner whatsoever. (2) The Lecturers whose appointments areso validated shall be governed bytheOrissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 1994for the purpose of their catitlements, but they shall beentitled to receive grant-in-aid towards their salary costonly as per the scale ofpay admissible to a non-Government College Lecturerfrom timetotime, with effectfromthedateof commencement ofthis Act. Explanation.—The expressions “admissible post” and “approved post”shall have the same meaningas respectively assigned to theminthe Order referredto fn sub-section (2) of thissection. Byorderof the Governor G. C. MOHANTY Secretary to Government Printed and Published by the Director, Printing,Stationeryand Publication, Orissa, Cuttack-10 OGP/SBP.—Comp.21-10-1998 and Print 22-10-1998—Bx-Gaz,947—207-+-2080 Orissa Acr 15 oF 1969 THE ORISSA EDUCATION ACT,1969 CONTENTS PREAMBLE SECTIONS 1. Shorttitle,extentandcommencement 2. Actnotto applyto certaininstitutions 3. Definitions 4, Establishment andrecognitionofeducational institutions 5. Permissionfor establishment ofeducationalinstitution 6. Recognitionofeducationalinstitution 6-A. Conditionfor recognition 6-B. Withdrawal ofrecognition 7. ManagingCommitteeorgoverningbody ofeducationalinstitution 7-A. Supersessionand reconstitutionofManagingCommittee orgoverningbody 7-B. Appointmentofqualified teacher 7-C. Grant-in-aid 7-D. Withdrawal ofgrant-in-aid 7-E. Prchibitionofestablishmentandrecognitionofcertaininstitution 7-F, Government not boundtoaccord permission for establishment of or recognise certain training Schools andCollege. 8. Managementto send listofproperties 9. Restriction onalienationofproperty ofaidedinstitutions 10. Conditions ofserviceofthe staffofaided institutions 10-A, Servicesof teachers ofaidedinstitutions nctto be terminatedwithout approval 10-B. Certain institutions notentitled to aid 10-C. Constitutionofcommoncadreanditsconsequences 10-D. Government’spowertoissueorders duringtheperiod oftransition 11. Pupilsstrength 12. Accounts andaudits 13. Managementnottodiscontinue institution 14. Inspectionofinstitutions 15. StateAdvisoryCouncil ofEducation 16. District SchoolBoard 47. Incorporation 18. Resignation ofmembefship 19. Fillingupcasualvacancy 20, ExecutiveOfficer oftheBoard 21. Functionsofthe Board 22, Board’sfund 23. OrissaEducation DevelopmentFund 23-A. Recoveryofdues 24. Formation ofCo-ordination Committee 24-A. ConstitutionofTribunal 25. Vacancynottoinvalidateproceedings ofthe Board 26, Indemnity 27. Powertomake rules 28, Savings ANNEXURE I ANNEXURE I . 2 ‘ - / - i) ie sat . i : : .- . t ob toe -f « mt woes vwescat dts ale we & fen e kr I om hr * , 7 _ ie “4s.2 - foae ' - . » cl eta aT {| 2 * <i} e w » om ” “s : : - \ ey i 4 . f a , : Ec - : ( 1h d peerereerernerer Orissa Act 15 oF 1969 ‘| THE ORISSA EDUCATIONACT,1969] [Received the assent of the Vice-President acting as President on the 28th May 1969, first published in an extraordinary issue of the Orissa Gazette dated the 21stJune 1969 } AN ACT TO PROVIDE FOR THE BETTER ORGANISATION AND DEVELOPMENT OF EDUCATIONAL INSTITUTIONS IN THE STATE BE it enacted by the Legislature of the State of Orissa in the Twentieth Year ofthe Republic ofIrcia, as follows :— CHAPTER-I PRELIMINARY” Shortte 1. (1) This Act maybecelled the Orissa Fcucation Act, 1969. ee (2) It extends to the whole ofthe State ofOrissa. (3) It shall come into force on such date as the State Govern- ment may, by *notification, appoint in that behalf. Act notto 2. Nothing contained in this Act shall apply to educational weeaini- institutions oftheir choiceestablished and administered by minorities tutions, having the right under clause (1) ofArticle 30 ofthe Constitution: *[Provided that the State Government may by notification apply or adapt to an educationalinstitution established and administered by minorities, such ofthe provisions of the Act, so however that the rights under Article 30 of the Constitution are not infringed’. Definitions ‘[3. In this Act, unless the context otherwise requires,— (@) “Advisory Council” means the State Advisory Councilof Education established under Section 15 ; *[ (6) “Aidededucational institution’ means private educational institution whichis eligible to, and is receiving’ grant-in-aid from the State Government, and includes an educational institution which has been notified by the State Government to receive grant-in-aid ;] (c) “Board” méans the District School Board established under section 16 ; ; ¢ ‘@) “College” means an educetionalinstitution impartinginstruc- |< tions in higher’ general education ‘leading to any degree conferredby any of the Universities established under the Orissa Universities Act, 1989 ; Orissa Act 5of1989, 1 96 1, 8 1 ( s No F . o - r 7 : 2 S 2 t ) at a e n m d ent f o or f Re O p b o j r e t ct o s ft a h n e dR S e el a e s ct o . n C s o , mm s i e t e te O e r , is s s e a ei G bi a d z , et d te a , ted ex t t h r e ao 2 r 6 d t i h na F r e y b , ru d a a r t y e 1 d 96 t 9 he (No 1 . st 55 J 0 u ). ly 2- Came into: force w.e.f. 15th October 1969—vide Education Department Notificaiion No. VEMG.,205/68-24757, dated the 15th October 1969, published in the Orissa Gazerte, dated the 31stOctober1969,Pt. Ill,P. 981. 3. Added bytheOrissaAct6of1984,s.2 ‘ 4, SubstitutedbytheOrissaAct, 15of1989,8.2, s t 5. SubstitutedbytheOrissaAct, 13of1994,8. 2Xi) : a 2 See. 3—Contd. (e) “Director” means the Director of Higher Education, Orissa, the Director of Elementary Education, Orissa, the Director of Secondary Education, Orissa or the Director ofthe State m Co a u y nci b l e, of h E a d v u i c n a g ti j o u n r a i l sd R i e c s ti e o a n rc a h s a d n e d t T e r r a m i i n n i e n d g, by as t t h h e e S c t a a s te e Government from time to time over the concerned educa- t t i h o e na r l an i k ns o t f it a ut D i e on p s ut a y n D d ir i e u c c t l o u r de w s h a o ny m o a t y hero b f e fi a c u e t r ho n r o i t se p d el b ow y the State Government from time to time py general or s e p x e e c r i c a i l se ord al e l r o t r o a p n e y rf o o f r t m he a p ll ow o e r rs a o n f y th o e f Di t r he ect f o u r nc u t n i d o e n r s ,th a i n s d Act as the State Government may, by notification, specify in that behalf ; ¥f(e-]) “education circle’ means an area as the State Govern- ment may, bynotification, declare as such for the purposes ofthisAct ; ] a{(f) C “ ol E l d e u g c e at o i r o a na H l ig I h n e s r ti S tu e t c i o o n n d ” ar m y e S a c n h s o a o n l y or Co a l n l y ege oth o e r r a S J c u h n o i o o l r defined inthis Act or any institution imparting technical and professionaleducation, special education and includes all movable and immovable roperties of such School or College, as the case may be ; (g) “ m j e n x e s i n t s i t t t i u n t b g i e o f n o e r w d e h u i c t c a h h t e i h o a n c s a o l m b m ee e in n n s c t r i e e t m c u o e t g i n o n t n i ’ s ? e o d f m b t e y h a e t n h s O e r a i S s n t s a a t e e d E u d c G u a o c t v a i e t o r i n n o a - l n (Amendment) Act, 1989 and is continuing as such at such commencement; (A) “ e C g v o o e l v r l e e r g n n e a i m { n e o g r b d a e o s d J i y u g n ” n i a o t m r e e d C , a o n l s i l n e a g n w e y h o i r b c o a h d H y t i h o g e f he i t m nd a S i n v e a i c d g o u e n a d m ls a e , r n y b t y Sc w o h h f o a o t l - , @ as the case may be] vests ; @ “H in i s g t h ruc S t c i h on o s ol i ” n s m ta e n a d n a s rds an or e c d l u a c s a s t e i s o V n I a I l I i t n o st X itu l t e i a o d n in i g mp t a o rti t n h g e s H t i a g n h dar S d c s hoo o l r C c e l r a t s i s f e i s ca o te f E U x p a p m e i r nat P i r o i n mar a y nd Sc m ho a o y l h a a t v t e ach t e h d e to it ; (j) “ i i H m n p i a g t r h h t e e i r n O g S r e i i c s n o s s t n a r d u a H c r t y i i o S n e c s h i o n S o e l h c ” i o g m h n e e d r a ar t s y s ec a o E n n d d u e a c d r a u y c t a i c t o i o n o u n r a A s l c e ] t i , a n s s 1 t 9 i d 8 t e 2 u f t i a i n n o e dO n d rissa Act mayhave standar {(j-1 ti ) ng “J i u n n st i r o u r ct C i o o l n l s e i g n e” Hi m g e h a e n r s S a e n co e n d d u a c r at y io c n o a u l r i s n e s s ti a t s ut d i e o f n i i n m ed par i - n the Orissa Higher Secondary Act, 1982; ] (k) “ w M ha a t n e a v g e i r n n g am C e om d m e i s t ig t n e a e te ” d, m i e n an w s hi a c n h y t b h o e dy ma of na i g nd e i m v e id n u t als o , f by a schoolvests ; IrsWytheOreotof198,8.20D InsertedSoon,13of1994,8.2.@) Sec. 4 () “Upper Primary School” means an educatjonalinstitution imparting instructions in standards or classes VI and VII and may have the standards of Primary Schoolattached tout; (m) “prescribed” meansprescribed by rules ; f(m-1) “prescribed authority”? meansthe authority to be notified by the State Government from time to time in the official Gazette ;] (#) “Primary School” means an educationalinstitution imparting elementary standard of education comprised in standards or classes I to V ; (0)private educational institution’ means any educational institution which isnot established and managed by Govern- ment of Orissa. the Union Governmentor the Government of any other State ; (p) “recognised educational institution’” means any private educational institution which is, or has beeN, recognised ?[underthis Act] (q) “Rules” means rules made under thisAct ; (P) “Tribunal” means the Tribunal or a Tribunal, as the case may be, constituted ‘funder section 24-A”’ ] 4[(s) “Technical and professional education” means any courses of study in engineering, technology, architecture, mining, fine arts, law, management, library science, or any other subject which maybenotified by the State Government jn this behalf ; Explanation:—An Educational institution imparting Shastri, up- Shastri, Madhyama and Prathama courses of Shri Jagannath Sanskrit University shall be deemed to be a College, a Higher Secondary School/ Junior College, a High School and an Upper Primary School respec- tively for the purposesofthis Act]. CHAPTERII ESTABLISHMENT, MANAGEMENT AND CONTROL OF EDUCATIONAL INSTITUTIONS 4. (1) The State Government may regulate the primary and other “Establish- mentand stages ofeducation in Government and private educational recognition institutions. of educational institutions. (2) The State Government shall take, from timeto time, such steps as they may coMsider necessary or expedient for the purpose of providing facilities for general education, special education,‘[technical and professional education] and for training of teachers. 1 2. 4. sv . Insertedbythe OrissaAct 16of1991,s. 2(ii) .. SubstitutedbytheOrissaAct 13of1994,s.2(») . Added byibid,s.2(vi) }. SubstitutedbytheOrissa Act 15of 1989,8.3 » InsertedbytheOrissa Act 13 of1994,8.3 (i) 4 (See. 5) (3) The State Government may, for the purposes of Providing such facilities,— (@establishand maintain educational institutions; (6) 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 ofthis Act. (4) The prescribed authority shall communicate the orders granting permission and recognition to the concerned person or bodyofpersons]. (5) After the commencement ofthe Orissa Education (Amend- ment) Act, 1989, the establishment and recognition ofany private educational institution shall be Subject to the provi- Sions ofthis Act and the rules made thereunder. (6) All existing educationalinstitutions shall be deemed to have been established in accordance with this Act]. 2[* * * *] Permission *[5. (1) No private educational institution which requires recogni- teatof” tion, shall be established except in accordance with the provisions of ducational this Act or the rules made thereunder, institution. (2) Any person or body ofpersons intending to,— (a) establish a private educationalinstitution; or (6) open higher classes, new streams, new optional subjects, additionalsections or increase the numberof students to be admitted or introduce Honours Courses in new subjects in a recognised private educationalinstitution; 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 fending on the dateof commencement of the Orissa Education (Amendment) Act, 1994, the arplicants shall be allowed a period ofthirty days to submit revised applications in accordance with the provisions ofthis Act, (3) The applicant along with the application for Permission, shall furnish an undertaking that in the event ofpermission being granted,— (i) adequatefinancial provisionshall be made for continued and efficient maintenance ofthe 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 1. Substitute’ by theOrissaAct 13of 1994 s.3 (ii) 2. Omitted bytheOrissaAct 15of 1989,s.4 3. Substituted bythe OrissaAct 13 of1994,s,4 Seth, (Sec. 6) (iv) allthe requirements laid down bythe Act, the rules and orders, ifany, issued thereunder shall be complied. (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 ofknowledge of the applicant. (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 recommenda- tions which shall be placed before the Committee constituted in this behalfby the State Government. (6) Ifthe Committeeis satisfied that the educational needs of the localarea justify the establishment ofaneducationalinstitution that the place where the educationalinstitution is Proposed to be established is likely tobest serve the educational needs ofthat area, that the location ofthe educational] institution is not otherwise objectionable and that Permission may be granted to any person or body ofpersons, the Committee shall make an orderto that effect specifying the conditions to befulfilled by such agency, (7) The order made by the Committee shall be communicated to the applicant by the prescribed authority in such manzer as may be prescribed. (8) Any applicant aggrieved by an order Tefusiug to grant permis- sion 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 ofsub-sections (3), (4), (5), (6), (7) and (8) shall mutatis mutandis, apply to applications for Purposes specified in clauses (b) and (c) ofsub-section (2). (9) When a new private educational institution is established in ‘accordance with the permission granted underthis section the fact of such establishment shall be rerorted by the Agency to the prescribed authority forthwith and in any case notlater than forty-five days from the date on which theinstitution starts functioning. (10) Where @ new private educational institution in relation to which permission has been accorded under this sectionfails to Start functioning within 45 days from the date of commencement of the academic year following the date on communication ofthe order of permission, the permission so accorded, shall lapse: Provided that the prescribed authority may, for good andsufficient reasonsextend, on application, the date from which the educational institution shall start functioning for such period not exceeding beyond thefirst day ofthe followingacademic year].”? “Recognition 16. (1) An application for recognition of a private educational ofeduca- institution shall be made to the prescribed authority on or before the t t i u o t n i a o l n. insti- 30th November of the academic year in which theinstitution starts functioning: 1, Substitutedbythe OrissaAct 13uf19945. 5 6 (Sec. 6—contd.) Provided that no application for recognition filedbefore commence> ment ofthe OrissaEducation (Amendment) Act, 994 shall be tejected only on the ground that it has notbeenfiled within the date specified in this sub- section. ExplanationAcademic year means a period of twelve months beginning with the Ist day of June and ending with the 3{st day ofMayofthe next calendar year. (2) No private educational institution shall be eligible for recogni” tion unless it has been eStablished with prior permission under this Act. (3) Every application for recognition shall be made in the prescribed form accompanied by such docurrents and information as may beprescribed. The applicant shall furnish a statement indicating the extent to which conditionsspecified in the order granting permission and conditionsfor recognition asspecified underSection 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 ofthe knowledge ofthe deponent. ay The prescribed authority shall scrutinise the applications. Such of the applications as are foundto be complete in all respects andhave been submitted in conformity with the provisions of the Act and the rules framed thereunder shall be considered, and thereafter the pres- cribed 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 whichshall be placed before a committee constituted bythe State Government in this behalf. (5) The State Government may constitute one or More committees for consideration of applications for recognition and such Committee may be constituded for the whole State or foy any part thereof or for different categories of private educational institution and may make regulations for conductofbusiness ofsuch committees. (6) The Committee shall consider the application for recognition together with the teport and the recommendation of the prescribed a s u u t c h h or f i u t r y t a he n r d m i a n y s c pe a c l t l io f n or as s i u t ch de a e d m di s ti n o e n c a es l sa i r n y f . orm T a h t e io C n om o m r it m t a ee y h d a i v r i e n c g t considered all aspect shall make an order cither granting recognition, or temporary recognition with or withont conditions, or rejecting the application forreasonsto be recorded. The prescribed authority shall communicate the order made by the Committee in such manner and with such particulars, ifany, as may be prescribed. 7) Ifthe 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) The Committee may refuseto recognise 4 private educational institution which has been permitted to be establishedifit is found uilty ofimproper compétetition with other educational institutions or of deliberate violation of any Provision ofthis Act, the rules or any direction duly issued by the State Governmentor the Director. cet (See. 6—Contd.) (9) Where a private educational institution has not fulfilled the conditions for recognition in regard to land, building and furniture but the committeeis satisfiedthat ithasmadereasonably adequateprovisions for accommodation and imparting education, it may decide to grant temporary recognition for a periodnot exceeding one year at a time and not exceedingfive years in aggregate. The application forextension oftemporaryrecognition shall be made and considered in the same manner as an application for recognition and no extension oftemporary 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 oftemporary recog- nition, the number ofyears for which temporary recognition has been granted prior to the commencement ofthe Orissa Education (Amend- ment) Act, 1994 shall be taken into account: Provided further that any Private educational institution which has xeceived temporary recognition for a period of4 years or more Prior to the date ofcommencement of the Orissa Education (Amend- ment) Act, 1994 but has not been recognised may be granted temporary recognition for a period not exceedingone year at a time and two years in the aggregate after commeNcementofthe Orissa Education (Amend- ment) Act,1994 so as to enable suchinstitution to fulfil all conditions forrecognition. (10) Any applicant aggrieved by an order refusing to accord recognition, may within one month from the date ofcommunication of such orderfile 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 tothe petitioner shalltake decision and dispose ofthe petition. (11) Grant ofrecegnition may be restricted to any standardorclass 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 recogMition in respect of increase in seats, opening of new faculties or courses, starting new subjects or opening ofadditicnnl sections. (12) No educationalinstitution shall be eligible for affiliation or recognition by the Board ofSecondary 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 ofthe Universities established under the Orissa Universities Act, 1989 unless it has receivedrecognition under this Act and continues to: be so recognised. When the recog- nition granted to any private educationalinstitution is withdrawn or suspended, the recognition or affiliation granted by the Board of Secondary Education, Council] ofHigher Secondary Education or any one ofthe Universities, as the case may be, shail be deemed to have been withdrawn or suspended: 8 (Sec. 6-A) Provided that any educational institution which has received temporary recognition for a year under the Actshall only beeligible for temporaryaffiliation, or recognition, as the case may be, for that year. _ (13) No recognition shall be accorded to an educationalinstitution imparting technical andprofessional education which doesnot fulfil the conditions specified in any other law for the time being in force as are applicable to such institutions. ondltion 6-A. (1) No educational institution shall be eligible for recognition tOioFn.recogni- undersection 6 unlessit 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; (5) the institution has been provided with a fire-proof building ofits 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; ; (¢) adequateland is available and has been earmarked for play- ground and sufficient facilities have been provided for physical education, games andsports; (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 ofclean drinking water and sanitation; (f) the land and the buildings ofthe 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 prescribedprocedure as perthe prescri- bed yardstick have been appointed ; (A) laboratory or laboratories where necessary have been provi- ded together with required consumables; (4) such equipments and teaching aids as are required have been provided ; (J) required furniture including Black Boards have been provi- ed : > (k) the educational institution has been provided with library with such number ofbooks and in such subjects as may be directed from time to time ; and (1) the educationalinstitution has adequate financial resources for its continuance and efficient management. gine (Sec. 6-B) (2) Every application for recognition shal be accompanied by ap undertaking that the institution has adequate financialresources to meet the salary and other costs of the educational institution and thatit shall not claim grant-in-aid from the State Government. (3) The State Government may by order, relax any one or more of the conditions of recongnition 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 ofliteracy is less thanfifty per cent of the total population ofthe district as per thelatest census. ‘Withdrawal 6-B. (1) Recognition accorded under the Act may be withdrawn on freon one or more of the following grounds, namely:— (a) the educationalinstitution no longerfulfils the conditions for recognition ; (5) 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 ofthe State Governmentor of the prescribed authority ; (c) the educational institution fails to maintain proper standard of education and discipline 5 (@) the educationalinstitution fails to maintain required students strength as provided undersection 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 ofthe educationalinstitution ; (Jf) the percentage of students passing the annual and supple- mentary examinations conducted by the Board of Second- ary Education or the Council of Higher Secondary Educa- tion or the concerned University, as the case may be, falls short of half of the percentage of students passing such examanations for the entire Board, Coucil or University, as the case may be, for three consecutive years ; (g) the educationalinstitution fails to conduct examinations held by the Board, Council or the University or any other exam- ining body of the State fairly and properly or the manage- mentor any of its employee assists or abets in malpractice in such examination orfails to prevent malpractices ; (A) the educational institution is found to have admitted stu- dents, in excess of the recognised or affiliated strength or, in classes Courses or stfeam or subjects in regard to which no permissio has been received ; 10 (Sec. 7) (i) except as otherwise permitted the educationalinstitution ad- mits stduents on criteria other than merit, which in the context of reserved seats shall mean inter se merit within the reserved category ; (j) the educationalinstitution does not admitfresh students for two consecutive years or shifts to another locality orto diffe- rent premises without prior permission ; and (k) the educational institution bas obtained recognition by fraud or misrepresentation offacts or through a false declaration. (2) Where the prescribed authority is satisfied on own information or otherwise that circumstancesexist for taking action for withdrawal of recognition of any educationalinstitution, he shall make an enquiry or cause an enquiry to be made into the grounds on which recogni- tion is proposed to be withdrawn and give an opportunity to the management to make representation within a period ofthirty days against the proposedaction. The prescribed authority shall furnish his report and recommendation to the Committee constituted under sub- section (4) of section 6. (3) The Committee after considering the records, report and re- commendation ofthe prescribed authority and after affording an oppor- tunity to the management of being heard pass an order cither withdraw- ing of suspending the recognition granted to the said institution. (4) Notwithstanding the withdrawal or suspension of recognition under sub-section (3), the Students admitted to that educational insti- tion till the date ofsuch withdrawal or suspensionshall be allowed to continue as ifthe said educational institution continues to be recog- nised 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 ofsuspension or after withdrawal of recognition. (5) Any educational institution aggrieved by an order of the Com- mittee withdrawing or suspending the recognition of any educational institution may prefer an appeal within a period ofthirty days of the receipt of the order before the State Government whose decision thereon shall be final. (7. (1) Every private educational institution shall have a managing committee or governing body, 2s the case may be, constituted in accordance with the rules. 3 ® The managing committee or the governing body, as the case may be, constituted for any private educationalinstitution, shall obtain the approval of its constitution by the prescribed authority inthe prescribed manner failing which the institution shall not be eligible for recognition. 1, Substituted bythe Sa Act 15of 1989, section 7 cananengy (Sec, 7—contd.) (3) The managing committee or the governing body, as the case maybe, shall be responsible for the proper manageirent of the ° institution and shall exercise such powers and perform such functions as may be prescribed. (4) Amanaging 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) 7[ and shall be reconstituted in accordance with the rules. 5[(5) The existing Managing Comnittees or the Governing Bodies, as the case may be, of aided or recognised educational institu- tions, which were constituted prior to the date of commence- ment ofthe Orissa Education (Amendrrent ) Act, 1991 inclu- ding those, ifany, which are under supersession on the said date, shall be reconstituted in accordance With the rules that may be made underthis Act for carrying out the provisions of this section as an-ended by the Orissa Educ ‘tion (Amendment) Act, 1989, withinaperiod of‘[twoyears] from thedateofcomme- Orissa Act ncement of the said rules and évery such existing Managing 15°!1°. 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. ] 5{(6) The prescribed authority may allow the Governing Bodyorthe 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 inter- vening period: Provided that the State Government mayreconstitute the Governing Body or the Managing Committee as the case may be, notwithstanding thatthe term of such Governing Body or Managing Committee has not exprited and on such reconstitution, the existing Managing Committee 6 or Governing Body, as the case maybe,shall stand dissolved. ] 1. Substitutedby theOrissaAct,15of 1991,Section3(i) 2. SubstitutedbytheOrissaAct 13 of1994,Section6(i) 3. InsertedbytheOrissaAct 16af1991 Section 3 (ii) 4. SubstitutedbytheOrissa Act 14of1993, Section2 5. Addedby theOrissaAct13of1994, Section (ii) 12 (Secs. 7-A to 7-C) S a u n p d e r r e s c e o s n s s i t o ! n -mana 7 g - i A n . g (1) co W m h m e i n t e t v e e e r or t , he as p t r h e e sc c r a i s b e ed ma au y tho be r , ity the is g s o a v t e i r sf n i i e n d g th b a o t dy t o he f ofmanaging any private educational jnStitution has neglected orfailed to perform f e ou. e g S i e v y e of ef t f h e e ct dut t i o es th i e mpo o s r e d d er by or or dir u e n c d t e i r on thi i s ss A ue c d t o b r y the th r e ule T s rib o u r na t l o under Section 24-A or has acted im excess ofthe authority vested in it or inany manner which is prejudicial to the interest ofthe educational institution, he may, after giving the managing committee or the govern- ing body, as the case may be, a reasonable opportunity of showing cause, supersede the managing committee of the governing body, as the casemay be- (2) As soonas possible,after supersession ofamanaging 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, andthe 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. (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 eXefcised by such person or persons as the prescribed authority may appoint. the or ( d 4) er An of y s m u a p n e a r g s i es n s g i c on omm m i a t d t e ee u o n r der go s v u e b r - n s i e n c g ti b o o n dy ( , 1) is ma a y ggr p i r e e v fe e r d b a y n d a a p t p e ea o l f b t e h f e or o e rde t r he an S d ta t t h e e G d o e v c e is r i n o m n e o n f t th w e it S h t i a n te th G i o r v ty ern d m a e ys nt f t r a o k m en th i e n the appeal shall be final. 7-B. (1) The State Government or any officer or authority A t m e p e a p n c o t h i e n o r t s f . - p t a h u r e t s h o o n r r s e i q s u e i d f r or e b m y e a n i p t t p m o o a i f n y t s m p u e r c n e h s t cr t a i e s b a e c t h e t e a h r c e s he q i r u n s al d i i i n f f i c f c l e a u r t d e i i n o n t n g s c t a t h t o e eg n o b o r e i r e m s p s os o r s f e e l s a p s t r i e i n d v g a b t t y o e educational institutions. (2) Every private EducationalInstitution shall appoint qualified teachers and non-teaching staff by making selection in accordance with the procedure andcriteria prescribed by the State Government-] * i [ n- G a r id a . nt J - econ 7 o - m C i . c (1 c ) ap T ac h i e ty, Sta se t t e ap G a o r v t e a rn s m u e m nt of m sh o a n ll ey wi a t n h n i u n all t y he for li b m e i i ts ng o g f iv i e t n s as grant-in-aid to private EducationalInstitution in the State. (2) No order according permission or approval or recognition e u Or d n i u d s c e s a r a ti t o E h n d i a s u l c i A a n c t s t i t , o i n tu w t h ( i e o A t n m h e t e o n r d r m e p c e r e i n i o t v r ) e g t A r o c an t o t , r -in 1 a - 9 f a 9 t i 4 e d , r . t s h h e al c l om en m t e i n tl c e em a e n n y t pr o i f v t a h te e 1, Substituted bytheOrissaAct14 of1993, s, 3 2. SubstitutedbytheOrissaAct13of 1994,8. 7 3. Substitutedbyibid,s. 8 we 1" (Sec. 7-B to 7-C—contd.) _ Q) Saveas otherwise Provided, no private Educational Institution which hasnot been Tecognised bythe State Government underthis Act shall be entitled to receive any aidfrom the State Government. (4) Notwithstanding anything contained in any law, rule, executive order or anyjudgement, 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 anysuch institution after the commencementof 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 bespecified in that rule or order or from such date as may be determined by the State Government: Provided that pending framing ofsuch 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 ofwhich 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 commence- mentofthe Orissa Education (Amendment) Act, 1994, (5) Notwithstanding anything contained in any law, rule, executive order or anyjudgement, decree or order of any Court the following categories ofprivate educational institutions shall only be eligible for consideration for payment ofgrant-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. (6) High Schools imparting instructions or course for High SchoolCertificate Examination conducted by the Board of Secondary Education, Orissa or institutions imparting Madhyama Course of Shri Jagannath Sanskrit University and Madrasas imparting equivalent course. (¢) 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 ofthe Utkal, Berhampur and Sambalpur Universities and Shastri courses ofShri Jagannath Sanskrit University. (6) No educational institution imparting any other courses of studies except those provided in sub-section (5) shall beeligible 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 underthis Act. 14 (Sec. 7-D) 7) A Governing Body or Managing Committee desirous of availing the facility of grant-in-aid shall make an application for the purposewithin such period and shall furnish such information and documents including audited statement of accounts ofthe 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 paymentthat may have beenmade. Withdrawal 7-D. (1) The prescribed authority may withdraw the grant-in-aid of of a private educationalinstitution, if— aid, (ithe recognition of the institution has been suspended or withdrawn; (ii) thepercentage ofstudents passing the Annual and Supple- mentary examinations conducted by the Board ofSecondary 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 maybe, 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) ofSection8 or furnishes statement whichis false or incorrect; (iv) the Managing Committee or the Governing Body, as the case may be, Or the Secretary of an aided educational institutioa acts in contravention Of the provisions of sub- section (1) of Section 9, or of any order passed under sub-section (2) ofSection 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 educationalinstitution concerned including grant-in-aid received, if any, orutilising 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 ofthe educational institution or there has been persistent default in submitting audited statement of its accounts within the specified period; (vii) theeducationalinstitution 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 ifthe Governing Body or the Managing Committee, as the case may be, or any of its employees assists or abete in adoption of malpractices in such examinations or fails to-prevent adoption ofmalpractices; at now :wn d8 eO setariP crtSits, (Secs. 7-E—7-F) -(viii) unless otherwise permitted, the educational institution is found to be admitting students on any criteria other than merit ; Explanation—In the contextof merit of students belonging to reserved categories it shall mean inter se merit within the Tespective category ; (ix) the private educationalinstitution utilises the gtant-in-aid for any purpose other than the Purpose for which such grant-in-aidwas paid specifically or fails to render satisfac- tory and timely accountofits properutilisation . (x) the private educationalinstitution has secured grant-in-aid by fraud or by misrepresentation offacts or by submission ofincorrect facts through false declaration or by concea- ling any relevant information ; (xi) the aided educationalinstitution refuses to accept a teacher posted on transfer or continues to retain the services of a teacher who has been transferred by the competent authorty ; and (xii) the aided educationalinstitution makes appointment ina mannernot consistent with the Act and the Rules : Provided that where the prescribed authority is satisfied thatprimafacie circumstances exist for action under this sub-section, he may make an order suspending paymentof grant-in-aid for such period not exceeding three months as he may deemfit. (2) Before withdrawing the grant-in-aid, the Managing Committee or the Governing Body, as thecase may be, shall be given a notice of the action proposed to be taken and required to show cause withina period of thirty days from the date ofreceipt of the notice as to why such action shall not be taken. (3) The Managing Committee or the Governing Body, as the case may be, aggrieved by an orderof the prescribed authority withdrawing grant-in-aid, may, in such manner and within such period not exceeding sixty ays, as may be prescribed, prefer an appeal before the State Government, whose decision thereon shall be final. 1{Prohibition 7-E. Notwithstanding anything to the contrary contained in this of establish Act, on and after the commencementof the Orissa Education (Amend- Teomition ment) Act, 1989, the State Government shall not accord permission for o in f s c t e i r tu t t a i i o n n. e T s r t a a i b n l i i n s g hm C e o n l t le o ge fa o n r y, re P c r o i g v n a i t s e e a S n e y co s n u d c a h ry Sch T o r o a l in o i r ng C S o c l h l o e o ge l e o s r tab P l r i i s v h a ed t , e ifany, prior to the said date.] *IGowdesie 7-F, Notwithstanding anything containedin this Act or the rules ment not made there under or in any judgement, decree or order of any Court Bound. ionthe State Government shall not be bound to accord permission for mission forestablishment of any private Secondary Training School or Private cee Training College, or recognise any such school or College established, recognise ifany, prior to the 14th day of August, 1989 and non-recognjtion of fainine such schoolor collegeshall not be questioned in any Court of Law or Schools & otherwise be open to challenge.] Colleges, 1. Substituted bythe OrissaAct 15 of 1989, Section 7. : .

2, Insertedbythe Orissa Act 16of 1991, Section 5 wns 16 (Secs. 8—10) ‘Management 8. (J) Within the first week of Juneevery year the managing {geetdst. 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 maybe prescribed. ¥ x x x x J (3) The Secretary of an aided educational instisution shall perform such functions as may beprescribed. Restriction 9, (1) Notwithstanding anything to the contrary contained in any ee lawfor the time being in force, no sale, mortgage, lease, pledge, charge ofaided or transfer of possession in respect of any property of an aided institutions. edycationalinstitutionshall be created ormade 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) 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) Any transaction made in contravention Of sub-section (J) shall be rull and void. al x x x ] Conditions 10. (1) The qualifications required for appointmentas teachersand ofservice©other members Ofthe staffofaided educational institutions and their aidedinsti- cOnditions of service relatingto salary, leave, pension, provident fund tutions. 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 Ofthe staffwho, on theconstitu- tion of a common cadre, have been absorbed in such cadre, shall not in any waybe lessfavourable thanthe terms and conditions which were applicable to them immediately prior to such constitution]. 4((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] PrivateHigh Schools and Upper Primary Schools: Such Boards may consist of such members as may be specified by such notification], 1. Deleted bytheOrissaAct, 13of1994, Section 9 2. DeletedbythieOrissaAct 13of1994, ‘Section 10 3, AddadbytheOrissaAct13of 1978, Section 2 4, SubstitutedbytheOriseaAct15of 1989. ‘Section8 5. Substituted bytheOrissaAct 13ef 1994, Section11 6, Substituted bytheOrissaAct 2of1994,Sectién3 47. (Sees. 10-A—10-C) (3) The Selection Board shall prepare in the prescribed manner a list ofcandidates for appointment as teachers in aided educational institutions and all such appointments shall be made in accordance with the rules made in that behalffrom out of the candidates included in the list so prepared. services of [10-A. (1) The services of a teacher "[and other members of the teachersof. staff] of an aided educational institution shall not be terminated tutionsnot without obtaining the prior approvalin writing of the— to be termi- nated with (a) *[Director], in the case of a teacher ‘[and other members of Sy eenee the Staff] of a college ; and (6) Circle Inspector of Schools having jurisdiction, in the case of teacher ‘[and other membersofthe staff] of a School. (2) Every order passed by the Director or Circle Inspector, as the case may be, either according approvalor refusing to accord approval under sub-section (1) shall be communicated to the parties concerned withinthree months of the reference. (3) Anyperson aggrieved by an order passed under sub-section (1) may prefer an appeal to the Tribunal within onemonth from the date of receipt ofthe order.] Certain, {10-B. Without prejudice to any other provision ofthis Act, no Tnstitenos educationalinstitution shallbe entitled to receive any aid or grant from toaid. the State Governmentifits managing committee or Governing Body or Secretary acts in contravention of the provisions of sections 10-C and 10-D orofany order issued thereunder and the recognition granted to the educational institution may, on such contravention, be Withdrawn by the State Government. Constitution 10-C. (1) The State Government may, by order, constitute a ofgommen common cadrein relation to all or any class of employeesofall or any ts conse- Categoryofaided educational instutions, as may be specified in the quences. order: Provided that the State Government mayconstitute a common cadre in relation to all or any class ofemployees ofallor any category ofaided High Schools or Upper Primary Schools for the whole State orfor any education circle as may bespecified in the order..] (2) Before constitution ofa 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 i®formation relating to the terms and conditjons ofservice prescribed for such cadre to everyemployeebelonging to that cadre with a notice requiring him toexercise his option within such period, not beingless than thirty days and more than fortyfive days, as may be specified theirin, for absorption or otherwise in such cadre. Inscrted bytheOrissaAct17of1974,Section 3 Inserted bytheOrissaAct6of 1984, Secti i SaEyteieeeaetee He Seco ® bythe| a AnnofSections,SGD . it " iment) in 1978 (Or.Act 13 of1978),S. 3. 8 w 18 (Sec. 10-C—Contd.) (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) Any employee who fails to exercise his option within the aforesaid period shall be deemed to have opted for being absorbed in the commoncadre. (5) Where an employee of an educational institution exercises his c sh o o a m p l t m l i i t o t e n t r e m f e i o n r O a r t , n e o a t t s h t e b h e e s i e c r n a v g i s c e e a m s b a s o o y f rb b s e e u , d c t h h i e n e g m t o p h v l e e o r c y n o e i m e n m g o w b n i o t c d h a i y d n r o f f e i , f t t h e t e e h n e d i m n a a s y t n s i a t g f ut i r i n o o g m n the date Ofreceipt 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) An employee belonging to a common cadre may be transferred from One institution to another by the prescribed authOrity and in the prescribed manner. / or tr ( a 7 n ) sf W e h rr e e n d e t v o er an a i n ns e t m i p tu l t o i y o e n, e t b h e e lo m n a g n i a n g g in to g a co c m o m m i m t o t n e c e ad O r r, ei a s s th p e os c t a e s d e may be, the governing body ofthat institution shall be bound to employ him in theservice ofthe institution and to pay all amounts duetO such employee on accountof 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 bean employee of such institution for all purposes. (8) Wherethe 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 penefits, 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 t co h n e st g i o t v u e te r d n , in b g e b p o ai d d y by of th t e h m e an a a id g e i d ng e c d o u m c m a i ti t o t n e a e l , o i r ns a t s it t u h t e ion ca i s n e w m h a ic y h b h e, e last served, an amount determined in the following manner:— 1. In case of a permanent Amountto be paid employee— (a) where the continuous Payfor the remaining service rendered by period of serviee or him by the date of forsix months,which- termination exceedsten everis less ; years. (p) where such service does not Pay for the remainiNg period exceed ten years. of service or for three months, whicheveris less ; 2. Inthe case of a temporary Pay for one month. ; employee. Explanation:—For the purposes of this sub-section, “Pay’’ shall i w n a c y lud o e f d i e n a t r e n r e i s m s r a e l li l e o f w t a h n a c t e ma a y nd -be o - t a h d e m r iss a ib d l h e o . c additions son to & pay by “19 (Secs. 10-D-11) (9) For the purposes of calculating gratuity, if any, payable to any permanent employee whoseservices have been terminated under sub-section (5), the period of qualifying service cf such employee shall be increased by the feriod calculated on the basis provided hereunder:— Period to be added (i) Where the feriod of actualquali- One year fying service does not exceed five years. (ii) Where such period exceeds five Two years years but does not exceed ten years, (iif) Where such period exceeds ten Three years years but does not exceed fifteen years. (iv) Where such feriod exceeds fifteen Four years years. Govern- 10-D. The State Go ernment may, if satisfied that the expedie- ole ney ofthe circumstances 0 requires, by general or special order, Sereger?provide for any matter necessary, ancillary or incidental to the t p ra é n r s i it o i d on o . m a ~o k n e st s it n u o tion pr a o n v d isi w o o n r o k r in m g ak o e f s i t n h s e uffi c c o ie m n m t o Pr n ovi c s a i d o r n e : for which this Act Provided that no such order shall be issued after expiry of two years from the date of constitution ofthe said common cadre,] 1[Popils? 11. (1) The private educational institutions shall have the minimum frength roll strength of pupils for each standatd or class as hereinafter provided. (2) In the case of Colleges and Higher Secondary Schools the minimumroll strength of pupils in each standard or class, or a section thereof, shall be— (éSixty-fourin relation to the Faculty ofArts; (ii) Forty-eight in relation to the Faculty of Commerce; (iii)Thirty-two in relation to the Faculty ofScience: Provided that in the case of Colleges and Higher Seconda: Schools located in Scheduled Areas, such minimum roll strength shail be half the respective minimum roll Strength as specified in this sub-Seciton. (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. Explanation ~The expression “Scheduled Areas”shall have os same meaning a8 assigned to it in Part C ofthe Fifth Schedule to the Constitution of India. 1. Substitutedbythe OrissaAct 15 Of1989,S.9. 20 (Sees. 12—I5) 5 1" a Ac n c d o s un o t d s ase 1 n 2 n . a (1 d ) T i h n e t a h c e co p u r n e t s s cri o b f ed ai m d a ed nne ed r uc a a n ti d on s a h l al i l ns b ti e tu s t u i b o j n e s ct t sh o al y l ear b l e y audit. 1948 (2 s ) ha T ll h , e m p u r t o a v t i i s s ion m s ut c a o n n d t i a s i , ned ap i p n l t y he fo O r ris t s h a e L p o u c r a p l os F e u s nd of a A u u d d i i t t of Ac t t h , e o 5 r o i f ss 1 a 94 A 8 c . t accounts of aided educational institutions. (3) For the purposes of the said Act, the State Government may appoint anyofficer to be the Examiner ofLocal Accounts. n c ‘ o o M t n a t n t o a i d g n i e v s m e - e c nt l w m o i a s t y h e o 1 u 3 d b t . e o , w N n g g t i o o h v v i e e e n d r i g u n n c i s a n n t t o g i i t t o i u n c b a e t o l i d o i y a n n g o a e w f t n r c a i a y n t n i y y o n r r g t e m i c m a o o f e i n g a t n w g s i i s i t e i h n n d i g t n e e c d n o u t a m c i n a m o t i n a i t o c s t n a o e a d e l t e i o m o n r i d s , c t o i a s t t s e o u s t s t t i i h h o o e e n n S s c t a h a a a n s t l d e e l Governmentat least twelve months before the date, with effect from which the institution is proposed to be closed down. Inspection _ 14, (1) The State Government may authorise any officer or Officers ofinstitu. to inspect educational institutions in the State. tions. (2) The officer authorised under sub-section (1) shall exercis g j e ns n t e i r t a u l tio p n ow a e n r d s th o e f di i s n c s h p a e r ct g i e o o n fd a u n t d ie s s u a p n er d vi p s e i r o f n o o r v m e a r nc t e he of wo f r un k c i t n i g on o s f t b h y e the managing committee or, as the case m.ay be, the governing body ofthe institution. body an T d he th m e an e a m g p i l n o g ye c e o s mm o i f tt a ee re o c r o , gn a i s s t e h d e e c d a u s c e at m i a on y al be i , ns t t h i e tu g ti o o v n er sh n a i l n l g , a at ss a i l s l t r an e c a e son a a n b d le f t a i ci m l e i s t , ie b s e a b s ou m n a d y to be af n f e o c r e d ss t a o ry th a e nd a r f e o a re s s o a n i a d bl o y ff r i e c q e u r ir a e l d l forthepurposes ofsuch inspection and supervision. (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 ofdeficiencies in the management of the institution iN accordance with the directions or suggestions given by the said officer. CHAPTERIII ApviSORY COUNCIL AND DISTRICT SCHOOL BOARD es 15. (1) The State Government may, by notification, establish a e cat e ion. S G t n at m e at A te d r v s is p o e r r y tai C n o i u n n g ci t l o e o d f uc E a d ti u o c n a a t l io p n oli t c o y a a d n v d is a e dm t i h n e i S s t t a r t a e ti G o o n. vernment (2) The Advisory Council shall consist of the following members, namely:— (a) the Chairmanto be nomiuated by the State Government; (6) the Vice-Chancellors of all the Ex Officio Member Universities established under any law in the State; 1. DeletedbytheOrissaAct 13 of1994,s.Rn (See. 16) 1[(b-1) the Secretary to Government, Ex officio Member HigherEducationDepartment; (8-2) the Secretary to Government, Ex officio Member School and Mass Education Department; (5-3) the Chairman of Council of Ex. officio Member Higher Secondary Education‘ (4-4) a representative of the Harijan 7 Member Welfare Department; (8-5) a representative of the Tribal % Member Welfare Department; (6-6) Director, Mass Education vs Member.) 7[(c) the Director of Higher Educa- Ex officio Member tion, Orissa; (c-1) the Director of Elementaryand Ex officio Member Adult Education, Orissa; (c-2) the Director of Secondary Ex officio Member] Education, Orissa; (@) the ‘[President] of the Board Ex officio Member ofSecondary Education; (e) Six non-official members to be nominated by Members the State Government from among persons who are distinguished educationists or who have experience in the administration of education ; (f) one non-official member to be nominated Member from among Sanskrit scholars; (g) two representatives each ofthe primary School Members Teachers’ Association, Secondary School Tea- chers’ Associatjon and the College Teachers’ Association to be elected in the prescribed manner. (3) The term ofoffice ofthe members specified in clauses(a), (e), (f) and (g) of sub-section (2) shall be three years. (4) The business ofthe AdvisoryCouncil shall be conducted in such manner as may be prescribed. ‘[ (5) The Secretary to the advisory Council shall be nominated by the State Government. (6) Noact orpacoeans oftheAdvisory Council shall be invalig merely by reason of any vacancy among its members or defect in theconstitution ofthe Advisory Council. 1.InsertedbytheOrissaAct 13of1994S. 13 2. SubstitutedbytheOrissaAct 6of1984S. (i)(a) 3. Substituted by the Orissa Act 6 of 1984, S. 7 (b) 4, Substitutedby theOrissaAct6of 1984, S.7(ii) 22 (See. 17) (7) Notwithstanding anything contained in sub-section (2), on the failure of any of the asSociations mentioned in clause (g) to elect member or members inthe prescribed manner, the Director shall give notice in writing to the concerned association to elect member or mem- bers in the prescribed manner within a date to be specified therein and if the association fails to elect member or members within the date so specified the Director shall nominate a person or peisons, as the case may be, on behalf of the association ‘as member cr membersof the Advisory Council.] District 16. (1) For every district there shall be a District School Board Board. established by the State Government which shall ccnsist ofthe follow- ing members, namely:— (a) The Chairman to be nominated by the State Government; (6) Inspector or Inspectors of Schools having Members jurisdiction over the district; (c) District Inspectors ofSchools having jurisdicticn Members in the district; (d) Two representatives of the Primary School Members Teachers’ Association elected in the prescribed manner; (e) five non-official n embers to be non inated by Members the State Government from among persons who are distinguished educationists. (2) The Secretary to the Board shal! be nominated by the State Government. (3). The term ofoffice ofthe members srecified in clauses (a), (d) and (e) of sub-section (I) shall be three years. “[(4) No person shall be eligible for nomination crelection as a non-official memberofthe Board,ifhe— (i) has been a member ofthe Board for six years ; or (ii) has directly or indirectly by himself or by bis partner any Share or interest in— (a) any book intended to be prescribed or recommended as a text-book for the primary school course. (8) the business ofthe publisher ofaty such book; or (c) anywork cone by order of the Board or in any contract eDtered into on behalfofthe Boaré.”’] (5) The business ofthe Board shall beccngucted in such manner as may be prescribed. Tenet: 17. TheBoard shallbe a body corporate having perpetual succession : and a common seal, with power, subject to the provisions of this Act and the Rules made thereunder, to acquired, hold and dispose of property and to contract aNd doall other things necessary for the purposes of this Act and may byits corporate name sue andbesued. 1. Substituted bytheOrissaAct 6 of1984 S.8. 23 ‘Sees. 18—23) Resignation 18. Any non-official member of the Advisory Ccuncil cr of the oeember Board may resign his office as such member by writing under his hand addresseg to the Chairran, Fillingup 19. In the case ofa casual vacancyin the office ofany non-official ae memberofthe advisory Council or of the Board occurring otherwise than by efflux of time the vacancyshall befilled up by Domination and the person so nomjnategshall hold office for the residue ofthe term of office ofthe member in whose place he is nominated, Bxcoutve, 20. The Secretary ofthe Board, shall be its Executive Officer and theBoard. Shall give effect to the decisions ofthe Board. Functionsof 21. Subject to the provisions of this Act and the Rules made SbeiBowd, thereunder, the Board shall have the following powers and functions in respect ofprimaryschools within the district, namely:— @administration, control and management of all primary schools transferred to it for the said purposes by the State Government or by any local authority and of the schools established byit; (5) preparation of plans for the development ofeducation in Primary schools; (©) implementation of such of the aforesaid plans as are approved by the State Government; 1x * x] (e) such other functions as maybe prescribed. Board’sfund 22. (1) The Board shall have a fund called the District School Board Fundto which shall be creditea— @all contributions received by the Bcard from the State Government and donations and grants received from other sources; and (4) all sums received py the Board cn any other account whatsoever. (2) The fund shall be expended for the purposes ofcarrying on the functions of the Board in accordance with the rules made in that behalf. CHAPTERIv MISCELLANEOUS oe *{23. (1) The ‘State Government may establish a fund called the Devel . opment a “ d O m r i is n s i a st E e d r u e c d a b ti y o a n! C D c e m v m e i l t o t p e m e en t t o F b u e nd c ” on w st h i i t c u h ted sha i l n l v t e h s e tin pre a s n c d rib b e e d manner,] (2) All sums received by the Committee as contributions from the baie sSvertiment oras donations from other sourcesshallbe credited ‘© the Fund, 1.DeletedbytheOrissaAct 13 of1994, 5. 14 2. Substituted byibid,8, 15 - 24 (Secs. 23-A—24-A) mm) Subject to the rules made in that behalf, the Fund shall be utilised for thefollowing purposes, namely:— (a) grants in favourofeducational institutions for implementa- tion ofimprovement schemes; (d) grant ofinterest freeloans to educationalinstitutions; and (©) such other purposes as may be prescribed, i[Recovery 23-A. All amounts due on account of any Joan granied under ofdues] Section 23 shall, if not paid within the date fixed therefor, be recovera- ble as public demand on requisition made by the authority prescribed onthat tehalf]. Formation 24. (1) The State Government may constitute a Co-ordination of,Coronal Committee consisting of (he f-llowingmembers, namely:— Committee. {a) the Chairman io be nominated by the State Government; {b) the Vice-Chancellors of ali the Universities esta- Members blished under any law in the State; {c) four non-cfficial members nominated by the State Members Government from among persOns who are disti- nguished educationists; 4(d) the Secretary to Government, Higher Education Member Department] 4{(e) the “[Director, Higher Education Orissa] Member] (2) It shall be the duty of the Co-ordination Committee to recommend methods for maintaining a uniform standard ofinstruction given and examinationsheld by the different Universities established under law in the State and also im regard to matters of common interest to such Universities and send its recommendations to the Universities concerned. (3) The procedure for the conduct ofbusiness ofthe Co-ordination Committee andthe term of office of the members specified in clauses (a) and (c) shall be such as may be prescribed. Constitution 5[24-A. (1) The State Government may, by. notification, constitute ofTribunal. one or more Tribunals having such local jurisdiction as may be specified in the notification. (2) The Tribunal shall consist of one person only to be appointed by the State Government from among the officers of the Orissa Superior Judicial Service (senior branch). (3) The Tribunal shall have the power to call for the records ofall proceedings relating to the dispute and shall, after giving the parties concerned a reasonable opportunity of being heard, dispose of the appeals preferred to it. 1.Inserted bytheOrissaAct6of1984,S.9 2.SubstitutedbytheOrissaAct13of 1994, S,16 3.Substituted-bytheOrissaEducation(Second Amendment)Act, 1978(Or.Act31of1978),S.6. . 4. SubstitutedbytheOrissaAct6of1984,S.10 5,InsertedbytheOrissaEducation(Amendment)Act,1974(Or.Act17of1974),S.6. DS aww (Sees. 25—28) (4) In disposing ofan appeal the Tribunal may make such conse- quential orders and issue such directions as it may deem necessary for giving effect to its decision. (5) The decisions of the Tribunalshall be final and binding onall parties and shall not be called in question in any Court of Law.] vacancynot 25. No act or proceedings of the Board shall be deemed to be to invalidateinvalid by reason merely of the existence of any vacancy in or defect oftheBoard.in the constitution ofthe Board. Indemnity 26. No suit, prosecution or otherlegal proceedings shalllic against the State Government or any authority or Officer for anything done ander this Act in good faith or fer any damage caused by any action taken in good faith in carrying out the provisions of this Aci or the Rules made thereunder, Powerto 27. (1) The State Government may, after previous publication, makerules. make rules for carryiag out all of auy Of the purposes of this Act. ‘[(2) In particular and without prejudice to the generality of the foregoing powers the State Government may make rules— (a) to regulate the establishment, recognition and management ofprivate educational institutions? [x x x]; (6) in respect of all matters expressly required or allowed by this Act to be prescribed.’ ] (3) All rules made under this section shall, as soon as may be after they are made, belaid before the State Legislature for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if during the said period the State Legisla- ture makes modifications, ifany, therein, the rules shall thereafter have effect only in such modified form; so however that such modifications shall be without prejudice to the validity ofanything Previously done underthe rules. (4) Until rules are made underthis section, the rules contained in the Orissa Education Code which were in force immediately prior to the cominginto force ofthis Act shall, in so far as they are not incon- sistent with the provisions ofthis Act or ofthe Constitution, be deem- ed to be rules made under this Act. Savings 28. The provisions contained in this Act shall be in addition to and notin baalnog ofthe provisions contained in the Orissa Second- ary Education Act, 1952 or in any law regarding University EducationOrissaAct for the time being in force and in the case of any inconsistency or 10%1953 Tepugnancy the provisions ofthis Act shall prevail. 1, Substituted bythe OrissaAct15 of1989, Section10. 2.Deleted bytheOrissaAct 13of 1994,Section 17. 26 ANNEXURE I [Provisions ofthe Orissa Education (Amendment) Act, 1974(Cr Act 17 of1974), not incorporated in the Original Act.] * * * Savingsin 7. (1) Notwithstanding anything in any judgment, decree or respect of Partcases. order of any Court, but subject to the provisions hereinafter conta- ined, the termination of the services of any teacher of an aided educational institution as defined in the Principal Act, made after the 3rd May, 1972 and before the date ofcommencement of this Act shall, if made without the approval ofthe Director ofPublic Instruc- tion (Higher Education) in the case of a college teacher and of the Director of Public Instruction (Schools) in the case of a school teacher, be inoperative. (2) The managing committee of the governing body of the concerned institution shall refer the case ofthe said teacher to the Director of Public Instruction (Higher Education) or the Director of Public Instruction (Schools), as the case may be, within one month from the date of commencement of this Act for obtaininghis appro- val and thereupon the provisions of Section 10-A of the principal Act as amended by this Act shall, mutatis mutandis apply: Provided that where the Managing Committee or the governing body, as the case may be, fails to make a reference in accordance with this sub-section, the order of termination oftheservices of the teacher shall become void and the teacher shall pe deemed to have been reinstated in service with effect from the day following the date ofexpiry ofthe aforesaid period of one month. (3) Where any such termination as is referred to in sup- section (1) was made with the approval of the Director of Public Instruction (Higher Education) or the Director ofPublic Instruction (Schools), as the case may be, the concerned teacher may prefer an appeal to the Tribunal constituted under the Prifcipal Act as amended by this Act within one month from the date of constity- tion ofthe Tribunal. (4) Where, on a reference made under sub-section (2) the Director refuses to accord approvaland no appeal is preferred to the Tribunal against the order of refusal, the concerned teacher shall be reinstated with effect from the date ofsuch order. (5) For removal of doubtit is hereby declared that on reinstate- ment, a teacher shall not be entitled to any emoluments forthe period intervening between the date of termination of his service and the date on which he is reinstated but the said period shall be counted towards service. 27 ANNEXURE II [Provisions ofthe Orissa Education (Amendment) Act, 1975 (Or. Act 53 of 1975), notincorporated in the Original Act.} * * * 3. Notwithstanding anything contaifed in the Principal Act or in Validationof certain any judgement, decree or order of any Court, no notice for showing actions. cause issued under Section 11 of the Principal Act prior to the commencement of this Act by the Joint Director of Public Instruc- tion (Schools) exercising of purporting to exercise the powers of the Director of Public Instruction (Schools) shail be questioned in any Court oflaw or shall otherwise be open to challenge merely on the ground that the Joint Director was not authorised to exercise the said powers and all such notices andactions, if any, taken in pursuance thereofshall be deemed to have been validly issued or taken underthe Principal Act. * * * OGP—MP-VI (Law) 34—2000—22-7-1995 d a PRINTED‘AT ORISSA GOVERNMENT PRESS, CUTTAGK-10