MEGHALAYA TAKING OVER OF
DISTRICT COUNCIL LOWER PRIMARY SCHOOLS ACT, 1993 THE MEGHALAYA TAKING OVER OF DISTRICT COUNCIL LOWER PRIMARY
SCHOOLS ACT, 1993 [Act No. 06 of 1994] [02nd June, 1994] An Act to provide for the taking over of Primary Schools of the
District Councils in Meghalaya by the State Government and for mattes connected
therewith Be it enacted by the
Legislature of the State of Meghalaya in the Forty-fourth Year of the Republic
of India as follows:- (1)
This Act may be called the Meghalaya (Taking over of District
Council Lower Primary Schools) Act, 1993 (2)
It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint and different dates may be
appointed for different autonomous district In this Act, unless there
is anything repugnant to the context:- (a)
"Act" means the Meghalaya (Taking over of District
Council Lower Primary Schools) Act 1993 (b)
"appointed day" means the date appointed by the State
Government under sub-section (2) of section 1; (c)
"autonomous district" means the autonomous district, as
the case may be of Khasi Hills, Garo Hills or Jaintia Hills; (d)
"cut-off-date" means the cut-off date referred to in
section 4; (e)
"DCLP School" means any Lower Primary School including a
Junior Basic School managed by the District Council; (f)
"District Council" means a District Council in the State
of Meghalaya constituted under the Sixth Schedule to the Constitution; (g)
"section" means a section of the Act; (h)
"State Government" means the Government of the State of
Meghalaya; and (i)
"taking over" means the taking over of DCLP Schools by
the State Government as referred to in section 3; (1)
On and from the appointed day all DCLP Schools in the autonomous
districts shall stand taken over by and vest in the State Government. (2)
On the taking-over of the schools under sub-section (1) the
liability on account of- (a)
Salary and allowances, including any arrear thereof, of a teacher
who immediately before the twentieth day of December, 1993 is a teacher of such
school shall pass on the State Government; and (b)
Gratuity and pensionery benefits of a DCLP school teacher,
including any arrear thereof, for any period commencing from the cut-date shall
be borne by the State Government. (3)
The provisions of clauses (a) and (b) of sub-section (2) shall
also apply to DCLP school teacher who is deputed or transferred by the State
Government to serve in a school not being a DCLP school. For calculating the length
of service of a DLCP school teacher for the purpose of gratuity, pension,
retirement benefits and for the purposes of this Act the State Government may
by order fix a cut-off date which shall not be date later than the twentieth
day of December, 1993 and different cut-off dates may be fixed for different
autonomous districts. Notwithstanding anything
contained in any act or rules for the time being in force the State Government
may, by notification in the Official Gazette, make rules to provide for the
conditions of service of the teachers referred to in sub-sections (2) and (3)
of section 3 and of such teachers who had at any time between the cut-off date
and the appointed day retired or otherwise ceased to be in service otherwise
than by resignation, dismissal or removal and such rules may provide for- (a)
Leave and the grant of leave; (b)
Pay structure and the formula for fixation of pay, gratuity and
pension. (c)
Criteria for fixing the seniority interse; (d)
Age of retirement; and (e)
Any other matter relating and the conditions of service of the
teachers. (1)
A managing committee consisting of not more than ten members may
be constituted by a village authority or durbar and such a managing committee
shall require approval of the State Government and, unless so approved, shall
not be deemed to have been validity constituted. (2)
The State Government may nominate two of its officer to be
ex-officio members of a managing committee referred to in sub-section (1) (3)
In case a managing committee is not constituted as referred to in
sub-section (1) the State Government shall constituted such a committee with
members as it may deem fit to nominate. (4)
Notwithstanding anything contained in this section the State
Government may, in the interest of the school at any time dissolve and
reconstitute or direct that a managing committee be reconstituted. (5)
The State Government may from time to time give directions to a
managing committee for managing the affairs of the school and the committee
shall comply with such directions. (6)
Subject to the provisions of sub-section (5) the properties,
moveable and immovable, and other assets of a school so taken-over shall be
managed and administered by the managing committee of the school. (7)
The State Government may delegate all or any of the powers under
sub-sections (2), (3), (4) and (5) to an officer not below the rank of a Deputy
Inspector of schools. For the removal of doubt,
nothing in this Act shall apply to a minority school or a private school Provided that nothing in
this section shall be construed as barring the enforcement in such schools of
the rules, regulations or orders relating to the payment of salaries of the
teachers and their educational qualifications, the maintenance of discipline
and standard of education and observance of the conditions relating to grants
as may be made by the State Government. Explanation-In this
section- i)
'minority school' means a lower primary school established and
managed by minorities whether religious or linguistic; and ii)
'private school' means a lower primary school which is established
and managed by a private individual or individuals or a body of them or by a
village authority by whatever name called. Notwithstanding anything
contained in section 5 the State Government may, by notification in Official
Gazette, make rules for generally carrying out the purposes of this Act.
Preamble - MEGHALAYA TAKING OVER OF DISTRICT COUNCIL LOWER PRIMARY
SCHOOLS ACT, 1993PREAMBLE