The SIKKIM EDUCATION ACT,2002

, ·"AiC... •... "" SII(KIM GOVERNMENT GAZET'rE EXTRAOI<.DINARY PUBLISHED BY AUTHORITY Gangtok Saturday, 21th September, 2002 No. 310 GOVERNMENT OF SIKKIM LAW DEPARTMENT, GANGTOK. No.10/LD/2002. Dated: 5th August, 2002. NOTIFICATION The following Act of the Sikkim Legislative Assembly having received the assent of the President on 5th day of July, 2002 is hereby published for general information:- TH E SIKKIM EDUCATION ACT, 2002 ( ACT NO. 11 OF 2002 ) AN ACT to provide for establishment of educational institutions in Sikkim and matters connected therewith or incidental thereto. Be it enacted by the Legislature of Sikkim in the Fitty-third Year of the Republic of India as follows:- Short title, extent, 1. (1) This Act may be called the Sikkim Education Act, 2002. application and (2) It extends to the whole of Sikkim. commencement. (3) It applies to all educational institutions and tutorial institutions in the State except: - (a) the institutions financed by the Central Government and/or de ctared by Parliament by law to be institutions of National importance and (b) the colleges and institutions in so far as the matters pertinent to them are dealt with in the enactments relating to the establishment of Universities or the terms and conditions under which affiliation is given by such Universities in the State or outside the State. (4) Itshall corne into force on such date as the State Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,- (a) 'academic year' means the period of the working days commencing from February to December of every year; (b) 'attendance' means the presence for instructions on all days in the academic year during the hours notified by the State Government (c) 'Director' means the Director of Education appointed by the Govern- ment and includes any person discharging the duties and functions of the Director; (d) 'District Education Officer' means the officer appointee as such and includes Joint Director, Deputy Director or any other officer authorised in his behalf in the Government to exercise the powers and perform the functions of a District Education Officer; (e) 'district' means a revenue district; (f) 'education' means general education, technical education, adult edu- cation (including non-formal) oriental education and any branch of education which the Government may, by notification, specify; (g) 'educational institution' means a school, college, special institution or any other institution by whatever name called where the activity of imparting education, art or culture is carried on and includes an orphanage, boarding home, hostel, workshop, laboratory and every premises attached thereto but does not include a tutorial institution having less than five pupils; (h) 'Government' means Government of Sikkim; (i) 'Grant orgrant-in-aid' means any sum of money paid as aid by the State Government to any educational institution; (j) 'Manager' means - (i) in relation to agovernment educational institution, the officer or the authority to whom the power of immediate control over the institu- tion has been entrusted and includes principal or headmaster; (ii) in relation to any other institution the person nominated to manage the affairs of the institution and includes principal or headmaster; (k) 'minority educational institution' means an educational institution es- tablished and administered by a minority whether based on religion or language having the right to do so under clause (I) of article 30 of the Constitution of India; (I) 'Notification' means notification published in the Official Gazette; (m) 'Prescribed' means prescribed by rules madeby the Govemmentunder this Act; (n) 'private institution' means an institution imparting education or training established and administered or maintained by any person or body of persons and recognised as educational institution by the Government and includes acollege, aspecial institution and a minority educational institution but doe.s not include - (i) an educational institution established by the Central Government or the State Government; (ii) an institution established by any University; (0) 'special institution' means reformatory school, school for physically handicapped or mentally retarded orother disabled ordefective pupils, institution imparting religious education or any other institution which may be notified by the Government as special institution; (p) 'student' means aperson who isadmitted to any educational institution for learning or training and whose name is lawfully borne onthe attendance reglster of the institutio n; (q) 'teacher' means any member of the teaching staff.in an educational institution appointed to give instruction in that institution. 2 CHAPTER -II ADMINISTRATIVE MACHINERY 3. (1) The Government may appoint for the State a Director of Education for Appolntment of the purpose ofexercising control, supervision and regulating the proper Director of functioning of the educational institutions. Education, etc. (2) The Government may also appoint such number ofAdditional Directors, Joint Directors, Deputy Directors and such other officers as it thinks fit to assist the Director in the discharge of his duties. (3) Subject tothe general or special orders ofthe Government made in this behalf, the Director shall be the Chief Controlling authority in all matters connected with the establishment, administration and functioning of educational institutions in the State. District Education 4. (1) The Government may appoint for each district one or more District Officer. Education Officer and every such District Education Officer shall exer- cise powers ofcontrol and supervision over the educational Officers and other institutions in the district subject to the control of the Director. (2) The Government may sanction the appointment of such number of Officers and staff as may be necessary to assist the District Education Officer; (3) All the officers and staff shall exercise such powers and functions as may be entrusted by the District Education Officer. CHAPTER - III EDUCATIONAL INSTITUTIONS AND THEIR FUNCTIONS Classifica tion. 5. Educational institutions in the State shall be classified as follows :- (I) Government institutions (ii) Other institutions (whether aided or unaided) 6. (1) No private educational institution shall, after the commencement ofthis Permission for establishment of Act, be established or upgraded except inaccordance with the previous Private educational permission of the Government. Institutions. (2) While granting permission the Government shall have due regard tothe following matters, namely :- (a) there is need for such facilities in the locality, (b) financial capacity of the applicants, (c) health and hygiene of the place, (d) provision for adequate buildings, playground and other necessary equipment. (e) availability of able or qualified teaching staff, and (f) any other matter as the Government thinks fit to grant permission. (3) While granting recognition tothe minority managed educational institution, the instruction issued by the Department of Education, Ministry of Human Resource Development will be kept inview asfar aspracticable depending upon local condition. institution has applied for recognition within the tirne specified above and its application has not been finally disposed of by tile authority, whichever is later. (2) No such institution Sl1811be run after the application for recognition is rejec[p.d. Covornment 9. The Government may, for the purpose of implementing the provisions of this ttistttuuons. Act, provide adequate tacilities for imparting general education. technical educa- tion, special education and teacher education in H1eState of Sikkirn by :- (a) establishing and maintaining educational institutions, and (b) permitting any statutory body or local authority, person or body of persons to establish educational institutions and maintain them according to such standards and specification as may be specified in the Official Gazette. appointment 10 (1) All the educational institutions in the State shall appoint a person as and retnoval of Manager who Sl1311be responsible to tile authorities under this Act for Manager. implementation of all orders, directions and notifications issued in accor- dance with tile provisions of this Act and rules made thereunder', (2) Such appointment shall be notified to tile Director of Education within three months from the date of commencement of this Act. (3) Ifany institution tails to notify such appointment within the specified period, tile District F':ducatlon Officer shal: notify any member of the teaching staff of an institution to be the Manager of that institution, (4) If the Director is satisfied thC1ta Manager is responsible for lapses of Implementing the orders. directions and notifications issued under this Act and rules made ther oundor. or has become unfit to be continued as a Manager, he shan, after giving him an opportunity for making a represen tation, disqualify him to be continued as a Manager. (5) Upon receipt of orders from the Director under sub-section (4), tile management of said educational institution shall remove such person from the post of Manager and make a fresh appointment in that place. (6) .f'... Manager so disqualified shall not be entitled to be nominated as a Manager for a period of tive years from the date of such removal. Duties 01' Manager. 11. (1) Tile Manager appointed under section 10 shall be responsible for manag- ing and conducting the affairs of the educational institution in accordance with the directions, orders, and notifications issued by the authorities under this Act and rules made thereunder and maintaining properties of the said institution in proper and good condition. (2) It shall be the duty of the Manager to maintain registers and records as oirected by the Directors. (3) Tho Mana~Jer shall afford all assistance for inspection as and when required by the autnorities under this Act. (4) Tile Manager shall submit a report at the end of every academic year to the Director giving particulars of tile movable and immovable properties, income and expenditure and details of the activities of the institution both curricular and extra-curricular dl)l'in~J the academic year, Hestriction of 12,(1) f'.lotwithstanding anything contained ill any other law for the time being in alienation of terce. no sale, mortgage, lease, pledge, gift, charge or transfer of posses- Property. sion in respect of propertv of a private or special institution shall be made 5 or created without the previous permission in writing of the Director of Education on the application made in this behalf. (2) The Director, on receipt of such application for permission, shall pass orders within three months and give reasons in case of rejection of the permission. (3) Any sale, mortgage, lease, pledge, gift, charge or transfer of possession in respect of property so made in contravention of the provision of this section shall be null and void. CHAPTER - IV GRANT OR GRANT-IN-AID Grant or Grant-in- 13. (1) The Government shall, within the limits of its economic capacity, set apart aid. a sum of money annually for being given as grant or grant-in-aid to educational institutions other than those run by the Government which are recognised under this Act. (2) The Government may.in cases inwhich itthinks fit, sanction grant or grant- in-aid to recognised educational institutions and authorise the Director by general or special order for disbursing the grant or grant-in-aid as per the guidelines issued by the Government in this behalf. (3) Every application for sanction of the grant or grant-in-aid shall be made to Government in the prescribed form signed by the Manager alongwith the annual report of the educational institution. (4) The decision of the Government to grant or reject the grant or grant-in-aid shall be final and binding on the educational institution. (5) Notwithstanding anything contained in this Act, the Government may, after such enquiry as it may deem fit, withhold or reduce or withdraw any grant or grant-in-aid payable to the educational institution for reasons to be recorded in writing. An order passed under this sub-section shall be final and binding on the educational institution. (6) On the withdrawal of recognition, the grant-in-aid already paid to the institution shall be recovered from the institution as a public demand in accordance with the provisions of the Sikkim Public Demands Recovery Act, 1988. (7) Every educational institution which has been recognised under this Act shall submit to the Director of Education the educational statistics annually in the form as may be prescribed. Failure on the part of any educational institution to submit the same may lead to withdrawal of recognition under this Act. CHAPTER - V ACCOUNTS, AUDITS AND RETURNS Accounts and 14, (1) Every educational institution receiving grant or grant-in-aid from State Audit. funds or from other sources shall maintain accounts in such manner and in such form as directed by the authorities under this Act. (2) The accounts of every educational institution receiving grant or grant-in- aid or moneys from other sources shall be audited at the end of every academic year by persons notified by the Director from time to time. After audit, the statement of accounts shall be submitted to the Director, 6 Inspection and 15. (1) The Director or any officer authorised by Hie Director shall have the right Inquiry. to inspect or inquire or cause an inspection or inquiry into the affairs of a every educational institution and draw up report of findings of such an inspection or inquiry. (2) The Director shall afford an opportunity to the educational institution to make representation on the findings of the report. (3) The educational institution shall be allowed a period of thirty days for rectification of the defects pointed out in the report after the representation of the educational institution is submitted. (4) If the educational institution fails to comply with the directions given by the Director for rectification, the Director snal: take such action as he deems fit in the circumstances to rectify the defects or deficiencies and for this purpose shall have all the powers of the management of the said institution. CHAPTER - VI TAKING OVER OF MANAGEMENT, REOUISITIONING AND ACQUISITION OF EDUCATIONAL INSTITUTIONS 16. (1) where the Government is of opinion that the management of any educa- Taking over tional institution should either in public interest or in order to secure the managem entlmanagement of proper management of the said educational institution be taken over, it educational may, after giving an opportu nity to Hie rnanao ernent to make any represen- institutions in tation, take over tne manaqernent of said educational institution by issuing public interest. anotification and on and from the date of such notification Hie management of the sate educational institution shan vest in the Government with all its assets, moveable and irnrnovabte properties. (2) Upon publication of the notification under sub-section (1), all the liabilities of the educational institution shall stand postponed for aperiod of five years or till the institution is finally acquired, wriicnever is earlier. (3) Notwithstanding anything contained in the Limitation Act, 1963, the period of limitation for any claims throuqh Civil Court shall exclude the period covered by sub-section (2) of this section, (4) All persons who are in the management on the date of the notification shall cease to hold any office in the management and shall be deemed to have vacated their office as on that date. (5) The Director either personally or tnrouqh a body of persons nominated by him, shall assume the management of the said educational institution. (6) All contracts with the management before the notification shall automati- cally stand terminated. The Director or the new management may renew the contracts upon fresh negotiation and fresh terms mutually agreed between me parties. All contracts of ernployment snau be in force during the period agreed under the contract of employment. (7) All claims against tile manaaement of tile said educational institution shall remain to be the claims against the said institution and tne Government shall not be liable to any of those Cl3ilTISor liabilities of the said educational institution. (8) Upon vesting of the management of the educational institution, the Government shall pay an amount equivalent of the net value of the property as assessed by tile competent authority in five equal instalments Requisitioning as- 17. (1) Where recognition or permission ~F3nt8d to an educational institution is sets of an educe- withdrawn under this Act. or where an ocucational institution is closed or tionet institutions. mismanaged and. if. in the opinion of II-\eGovernment. it is necessary to requisition the assets and the property of SUCfl an institution. the Govern men! may. aftu giving an opportunity to trio management of the institution to make representation. reouisition such assets ano property and make such further orders regarding the possession and use of such assets and property of such all educational institution. as may appear necessary or expedient in connection w:1I1H18 purpose oi such requisitioning. (2) Where any property isrnquisitioncd under sub-section (1) the Government may - (a) use 01' deal with such property for any educational purpose. or (b) by orcor permit any person or body of persons to use or deal with such property tor any such purpose subject to the oavrnent of rent or other sums to the Government. (3) The Director or any person authoriscd by him sf"1()1c1ntl)r upon the orooorty requisitioned (Jnd take possession ol tile property requisiticnc/J bv (:i";n()s- scss.no any person rCtnJin:ng in po~;sC!ssion of su(:h iYCr) I,.( ;i so requisi- nonce. (4) .An)! person who resists tl~(' 'iir8ctor 01 any PUSO;l auti-ic;!'isec by him to take possession sll;]!1 L10 linblo .. .. : ·~.;::;t'-'ri;-'\'an order of the lV1aC~I::;tra.te having [unsdicuon over tho property to bc'. e/(~cut(;(ltly tJie police. (5) The (30llornmrJnt ITIJ\,. by notification relc;JsG the property from the order or requisition in wl"lole or III pJrt If it is of tile opinion ttat there is no necessity for keeping tile property under rcouisition. (6) On such release. tno property sl1::11v1est in tile;)oorson or body of persons II'olll whol1l it was requrs.tioned and the Government shall be discharged cd ,:.::!IUH~li;d)illli.--~sIn respect of that property. (7) During the period of requisition. the,Government shall pay rent to the owner of tilt:) property at a rate as applicable to similar properties ill that area 3S per rules framed by the Governrnent for !ixtng rent Acquisition of 18. (1) Where any property is vested under section 16 in connection with tne Prop ertv, tZlking over of the management of the education a! institution or is subject to requi:;ition under section 17, the C;overnment may. if it considers it necessary to acquire tho property for' any ououc purpose connected with education. acquire at any time such property by publishing a notice in the OffiCIO! Gazette? to the effect that the Govermnent h2S decroed to acquire II-If]property In PlJ(SU,lr1Ce of thiS section' (2) Wrlcn notice under sub-section (1) is publishod in the Official Gazette, the said property shall. on and trorn the dale on which the notice is so putJlishccj, CeiJ:,8 to be subiec: of requi:::,ltloning and sllall vest absolutely in ttw Gov8rnmCilt free trorn all encumbrances: Provided that no requisition under this section shall be made unless the State Government P;lY corupensation, solatium and interests etc. to tile manaqernent of educational Institution as per the provisions of the Land Acquisition Act: 1894 8 CHAPTER" VII ":1','~~';:;J", STANDARD OF EDUCATION AND DISCIPLINE" , ":.'. Education inSikkltn 19. (1) The education in all Government educational institutions in the State of State to be free. Sikklrn shall be free to everybody. (2) The fees chargeable inother schools shall be levied subject tothe approval of the Government. Standard of 20. (1) The standards of education, syllabi, text-book and other requirements Education. shall be such as may be prescribed by the Government. (2) For the purposes of sub-section (1), the Government may set up a Committee for advising the Government on all aspects connected with education from time to time. Displfne amongst 21. The Director shall draw up a Code of Conduct for students and teachers for students. maintaining discipline and fair teacher-student relationship.' Examinations 22. (1) The examination system whether by internal assessment. external asse- assessment. ssment or partly internal and partly external shall be regulated by the Director as tomake itareliable and effective method ofstudent evaluation. (2) The Government may draw up aScheme for all matters connected with the implementation of examination system and the conduct of examinations. CHAPTER - VIII TEACHERS AND STAFF OF EDUCATIONAL INSTITUTIONS Appointment of 23. (1) Teachers shall be appointed - Teachers. (a) on regular basis or, (b) on contract basis. " " t.,:, (2) Any teacher may be initially appointed under acontract foran agreed period. (3) The terms and conditions ofthe contract inforce on the date ofcommence- ment of this Act shall continue till they are altered or amended by the Government. (4) No teacher appointed on contract shall be entitled to claim regularisation as a matter of right. (5) Pay and allowances of teaching and other staff may be such as regulated by the orders of the Government issued from time to time. (6) The Government shall have power to lay down the conditions of service of teachers and other staff employed in educational institutions. (7) The members of staff and teachers of all educational institutions are governed by the conditions of service laid down by the Government from time to time. (8) No educational institution can offer service conditions lesser than those laid down by the Government. 24. (1) Termination of service on the expiry of the contract shall not be construed Termination of as termination of service by the employer. Setvlce. (2) The service of an employee including a teacher shall not be terminated without reasonable cause and without one month's notice or payment of one months' salary in lieu of notice. (3) No employee shall be discharged or dismissed for amisconduct unless an enquiry is conducted according to principles of natural justice. 9 (4) No teacher shall be placed under suspension without the prior permission of the District Education Officer. ,Appeal against .or- 25. (1) Any employee of an educational institution who is suspended,dismissed, derofitermlnat,on. discharged or terminated may prefer an appeal against the order within thirty days to the Director. (2) The Director after hearing both parties may dismiss the appeal or allow the appeal and set aside the order and pass such other order as Itdeems fit in the circumstances of the case. (3) Against the order of the Director a second appeal shall lie to the Govern- ment within thirty days from the date of the order. (4) The Government may dismiss the appeal. allow the appeal or pass such order as it deems fit in the circumstances of the case. Welfare .ot the .em- 26. (:1) The Government may appoint ajoint and Consultative Committee consist- -ptoyees .end .metr ing of representatives of Government. representatives of management of ·.,Code.of;Conduct. educational institutions and representatives of employees of educational institutions to deal with matters pertaining to welfare of employees. The recommendations of such a Committee will be directory in nature. (2) The Government may, in consultation with the representatives of employ- ees of educational lnstitutlons.c-escrtbe the Code of Conduct and duties of employees. (3) Till new conduct rules are published. all the existing rules shall continue to be in force. CHAPTER -IX PARENT-TEACHER ASSOCIATION Parent-Teacher 27. (1) The 'Manager of every educational institution shall constitute a parent - .Assoclatlon. teacher association to discuss and decide the obligations to the cause of the education and student-teacher relationship. (2) Itshall consist of not more than ten members comprising five members from the parents and the other five from the teachers. (3) Itshall meet atleast twice in a year. (4) The minutes of meeting shall be forwarded to the District Education Officers for information and action. if necessary. CHAPTER - X PENALTIES Penalties. 28. (1) If any educational institution whose application for recognition is refused or whose recognition has been withdrawn under this Act is found running in contravention of this Act shall be punished with fine which may extend toten thousandrupees and inthe case of continuing contravention with an additional fine which may extend to one thousand rupees per day during which such contravention continues after the first conviction. (2) Ifany person obstructs any authority, officer or person from entering any educational institution in exercise of powers under this Act or the rules made thereunder, he shall be punished with a fine which may extend to rupees two thousand. 10 Offences by 29. Where abody of persons contravenes any provision of this Act'orrulesmade companies, etc. thereunder or notification or order or direction issued under-this Act or the rules made thereunder, all the persons/persons comprising the body, of persons.are- liable for prosecution unless they establish that they inspite ofdue care and diligerit" conduct could not prevent the contravention. Explanation: - In this section, body of persons means a company, a partnership firm or an association whether registered or not. Offences to be 30. (1) No prosecution for an offence under this Act shall be instituted.except or congnlzable. with the written consent of the State Government or a.person authorised in this behalf by the State Government. (2) NoCourt inferior to that of a Magistrate of the FlrstClass shalttry any: offence under this Act. CHAPTER - XI· MISCELLANEOUS Appeals. 31. Save as otherwise provided in this Act :- (a) Any person aggrieved by an order passed by an officer or authority: other than the Director under this Act, may prefer an appeal to the Directorwithln thirty days of the receipt of the order. (b) Any person aggrieved by an order passed by·the Director, may prefer·an appeal to the Government within thirty days tromthe receipt of tneoroer. Powers of Revision. 32. (1) The Government may suo-rnoto or on an application from any interested person, within thirty days, call for and examine the record ofan educational institution or any authority orofficer orperson orbodyotpersonsln respect: of any order or decision not being a proceeding in arbitration ,before the District Collector, to satisfy as to the regularity, propriety or legality, or correctness of the order in case it appears to the Governmentthat it requires to be modified or cancelled or:reversecorrernltted.torconstder- ation, it may pass order accordingly: Provided that no order shall be passed adversely' affecting any, party without affording an opportunity for making a representation: (2) The Government may stay the operation of any orderor decision pending, revision. . 33. The Governmentor the Director may, suo-mote or anapplloatiorrpreterredjn- Power to review. this behalf by any persons within three months from the date' of the order or deciSion, review any such order or decisionifitwas passedby itor'himunder any mistake of fact.or law or in ignorance of any material tact.. Powers of the 34. (1) The.Governmentmay, subject to the'otherprovisions·.;of:thisA'ct'; by order, Government to direct the Director or any other officer not below the rank-or Districf glvecJlrections. Education Officer toconductan enquiry orto lnitiateappropriateproceed- ings under this Act in respecrot any matter specined:in thesaid:order and; the Director or other officer, as the case' may be; shall' report to the Government inrilll'> rn, ,"'0 tho. r~~,"+ -, - - _..'- . initiated by him. (2) The Government may give directions to any educational institution as to :.giving effect to any of the provisions contained in this Act or of any rules, orders. directions or notifications made or issued under this Act and the , Manager or the owner of such educational institution shall comply with such direction. Delegatfon of 35. The State Government may, by notification in the OfflclalGaaette and subject Powers. to such conditions if any, as may be specified in the notification, authorlse any .officer subordinate to itto exercise all or any of the powers conferred on the State Government by or under this Act. Emergencypowers ,~6. (1) If. at anytime, it appears to the Director that the Manager of any educa- of the Director. tional institution has committed default in performing any function relating to maintenance and administration ofthe educational institution entrusted to him, he may. by order inwriting fix aperiod for the performance of such functions. (2) Ifthe Manager falls to perform the function within such period so fixed, the Director may appoint any officer subordinate to him toperform the function on behalf of the Manager and recover the costs incurred. if any. from the said institution or from the grant-in-aid payable to the institution. Power to.enter and 37. Every officer not below the rank ofAssistant Education Officer inthe Education inspect, :'" Department shalt have power to enter into an educational institution and Inspect 'i its register, records, documents and accounts or.books of accounts pertaining to property; both movable and immovable. Proctecti(fno"~cts '38. No suit, prosecution or other legal proceeding shall be instituted against the done ingood Faith. Government. Director or any other officer, authority or person for anything which . . .... . is in good faith done or intended to be done under this Act or the rules. orders or "notlncation made or issLied thereunder. Managers and 39. Every Manager and employees of every educational institution shall be employees to be deemed to be apublic servant within the meaning ofsection 21 ofthe Indian Penal public servant. Code. 1860 while on duty in connection with the affairs of the educational lnstlnnlon. Power to make 40. The Government may, by notification, make rules to carry all or any of the rules. provislons of this Act. ExIsting rules to 4t. 'All rules. notifications. orders orcontractsshall continue tobe inforce as ifthey continue. were made under this Act until they are superseded. By Order. K. R. NARAYANAN, PRESIDENT. T. D. RINZING, Secretary to the Govt. of Slkklm, Law Department. [F. No. 02-86(A) Edu-plg.lLaw/2002J printed at Slkkltn Government Press, Gangtok.