THE ORISSA EDUCATION (AMENDMENT) ACT, 1974
[Act
No. 17 of 1974]
[01st
August, 1974]
PREAMBLE
An Act to Amend the Orissa Education Act, 1969
Be it
enacted by the Legislature of the State of Orissa in the Twenty-fifth Year of
the Republic of India, as follows:--
Section 1 - Short title and commencement
(1)
This Act may be called the Orissa Education
(Amendment) Act, 1974.
(2)
It shall come into force on such date as the
State Government may, by notification, appoint in that behalf.
Section 2 - Amendment of section 3, Orissa Act 15 of 1969
In
section 3 of the Orissa Education Act, 1969 (Orissa Act 15 of 1969) (hereinafter referred to as the principal Act), after
clause (1), the following new clause shall be added, namely:--
"(m)
'Tribunal' means the Tribunal constituted under section 24A.".
Section 3 - Insertion of new section 10A, Orissa Act 15 of 1969
After
section 10 of the principal Act, the following new section shall be inserted,
namely:--
"10A.
Services of teachers of aided institutions not to be terminated without
approval.
(1)
The services of a teacher of an aided
educational institution shall not be terminated without obtaining the prior
approval in writing of the--
(a)
Director of Public Instruction (Higher
Education), in the case of a teacher of a college; and
(b)
Circle Inspector of Schools having
jurisdiction, in the case of a teacher of a school.
(2)
Every order passed by the Director or Circle
Inspector, as the case may be, either according approval or refusing to accord
approval under sub-section (1) shall be communicated to the parties concerned
within three months of the reference.
(3)
Any person aggrieved by an order passed under
subsection (1) may prefer an appeal to the Tribunal within one month from the
date of receipt of the order".
Section 4 - Amendment of section 15, Orissa Act 15 of 1969
In
section 15 of the principal Act, in sub-section (2), after clause (b), the
following new clause shall be inserted, namely:--
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"(bb) the Secretary to the Government in the Education Department;
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Ex officio Member".
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Section 5 - Amendment of section 24, Orissa Act 15 of 1969
In
section 24 of the principal Act, in sub-section (1), after clause (c), the
following new clauses shall be added, namely:--
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"(d) the
Secretary to Government in the Education Department
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Member.
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(e) the Director of Public Instruction (Higher Education)
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Member".
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Section 6 - Insertion of new section 24A, Orissa Act 15 of 1969
After
Section 24 of the principal Act, the following new section shall be inserted,
namely:--
"24A.
Constitution of Tribunal
(1)
The State Government may, by notification,
constitute 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 of all 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.
(4)
In disposing of an appeal the Tribunal may
make such consequential orders and issue such directions as it may deem
necessary for giving effect to its decision.
(5)
The decisions of the Tribunal shall be final
and binding on all parties and shall not be called in question in any Court of
Law.".
Section 7 - Savings in respect of past cases
(1)
Notwithstanding anything in any judgment,
decree or order of any Court, but subject to the provisions hereinafter
contained, 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 of commencement of this Act shall, if made
without the approval of the Director of Public Instruction (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 or the governing body
of the concerned institution shall refer the case of the 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 obtaining his approval 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 of the services of the teacher shall become void and the teacher
shall be deemed to have been re-instated in service with effect from the day
following the date of expiry of the aforesaid period of one month.
(3)
Where any such termination as is referred to
in sub-section (1) was made with the approval of the Director of Public
Instruction (Higher Education) or the Director of Public Instruction (Schools),
as the case may be, the concerned teacher may prefer an appeal to the Tribunal
constituted under the principal Act as amended by this Act within one month
from the date of constitution of the Tribunal.
(4)
Where, on a reference made under sub-section
(2) the Director refuses to accord approval and no appeal is preferred to the
Tribunal against the order of refusal, the concerned teacher shall be
re-instated with effect from the date of such order.
(5)
For
removal of doubt it is hereby declared that on reinstatement, a teacher shall
not be entitled to any emoluments for the period intervening between the date
of termination of his service and the date on which he is re-instated but the
said period shall be counted towards service.