[1]THE-ORISSA
EDUCATION (ESTABLISHMENT, RECOGNITION AND MANAGEMENT OF PRIVATE JUNIOR
COLLEGES/HIGHER SECONDARY SCHOOLS) RULES, 1991 CHAPTER-I PRELIMINARY (1)
These Rules may be called the
Orissa Education (Establishment, Recognition and Management of Private Junior
Colleges/Higher Secondary Schools) Rules, 1991. (2)
They shall come into force on the
date of their publication in the official Gazette. (1)
In these Rules, unless the
context otherwise requires,- (a)
"Act" means the Orissa
Education Act, 1969 (Orissa Act 15 of 1969); (b)
"Council" means the
Council of Higher Secondary Education, Orissa. (c)
"Department" means the
Education Department; (d)
"Director" means
the [2][Director,
Higher Education] Orissa and includes any officer not below the rank of Deputy
Director who may be authorised by the State Government in that behalf from time
to time by general or special order to perform all or any of the functions and
exercise all or any of the powers of the Director under these rules; (e)
"Donor" means a person
who has donated to the Junior College/Higher Secondary School at least a sum of
rupees twenty-five thousand in cash or movable or immovable property of an
equivalent value; (f)
"Educational Agency"
means any person or body of persons who have made an application under
Sub-section (1) of Section 5 of the Act for permission for establishment of a
Private Higher Secondary School; (g)
"Form" means a form
appended to these Rules; (h)
"Institution" means a
private Junior College or a Private Higher Secondary School; (i)
"Junior College" means
any private Junior College which is not established and maintained by the
Government of Orissa, the Union Government or the Government of any other
State; (j)
"Member" means a member
of the Governing body and also includes its President and Secretary; (k)
"Private Higher Secondary
School" means any Higher Secondary School, which is not established and
maintained by the Government of Orissa, the Union Government or the Government
of any other State; (l)
"Section" means a
Section of the Act; (m)
"Year" means an
academic year beginning with the 1st day of June and ending with the 31st day
of May of the immediately following calendar year. (2)
All other words and expressions
used but not defined in these rules, unless the context otherwise requires,
shall have the same meaning as respectively assigned to them in the Act and in
the Higher Secondary Education Act, 1982. CHAPTER-II ESTABLISHMENT OF PRIVATE
JUNIOR COLLEGES/HIGHER SECONDARY SCHOOLS (1)
The Director shall prepare for
the State a Master-Plan each year by the end of September listing out the
Blocks, in which there is no Junior College or Higher Secondary School and the
Municipalities and Notified Area where establishment of Junior Colleges or
Higher Secondary Schools is justified in conformity with the provisions of
Sub-section (5) of Section 5. The Master-plan shall also project the
requirement of additional seats or new streams or subjects in the existing
institutions within a Block, Notified Area or Municipality. The Masterplan so
prepared shall be placed before the Government for approval. (2)
The grant of permission for
starting any new institution in the State or introduction of new streams or
subjects during the next academic session shall be in conformity with the
Master-plan prepared under Sub-rule (1) and approved by the Government. (3)
The permission and recognition of
a new institution under Sub-section (3) of Section 4 shall be accorded by the
Director on behalf of the State Government. (1)
Any Educational Agency desirous
of establishing a new institution in a particular year shall make an
application to the Director between the, 1st day of October and the 30th day of
November of the year immediately preceding the particular year. Applications
received prior to, or after this period shall not be taken into consideration: Provided that the State
Government may, for good and sufficient reasons, extend the last date of
receiving applications in any particular year. (2)
Applications for permission to
establish new institutions shall be made in duplicate in Form No. 1. (3)
The application shall be
accompanied with a fee of Rs. 200/-(Rupees two hundred only) to be deposited in
Government Treasury. (4)
Applications, received by the
Director within the period specified under Sub-rule (1) shall be entered in an
Index Register to be maintained for the purpose and the receipt of the
applications shall be duly acknowledged. Every application made
under Rule 4 shall be accompanied by (a)
The challan receipt of the fee
paid; (b)
A sketch map of the Block or the
Municipality or the Notified Area, as the case may be showing the location of
the proposed institution along with other existing institutions, if any, and
the High Schools located within the Block, the Notified Area or the
Municipality; (c)
A sketch plan of the site of the
proposed institution The application in respect
of a proposed institution shall inter alia specify the following (a)
The number of students to be
enrolled in each stream, viz., Arts, Science or Commerce in which teaching is
proposed to be imparted. (b)
The names of the subjects, both
compulsory and optional proposed to be introduced under each stream with the
number of students to be permitted for being offered with each optional
subject. (c)
The anticipated annual income of
the institution from different sources. (1)
The Director shall scrutinise
each individual application and may make such enquiries as may be deemed
necessary. After necessary enquiry if the Director is satisfied that there is
need for establishing a Junior College or Higher Secondary School in any
particular area, he shall after obtaining prior concurrence of the Government
make an order under Sub-section (4) of Section 5 granting permission in favour
of anyone of the applicants who, in his opinion is likely to best serve the
educational needs of that area. (2)
The order of the Director
granting permission to an Educational Agency for establishment of a new
institution shall specify the following: (a)
The Educational Agency in whose
favour the permission is granted; (b)
The exact location of the
institution; (c)
The date from which the
institution is to start functioning; (d)
The streams and optional subjects
under each stream in which instructions may be imparted along with the
permitted strength of students under each subject; (e)
The conditions to be fulfilled by
the institution in respect of the following; (i)
Site; (ii)
Building and accommodation; (iii)
Laboratory equipments and
teaching aid; (iv)
Staff; (v)
Fixed deposit to be made and
pledged in favour of the Council; and (f)
Such other matter as the Director
may specify; (1)
When permission is accorded for
establishing a new institution/it shall start functioning from the date
specified in the order made by the Director under Rule 7. (2)
Subject to the proviso to
Sub-section (9) of Section 5 the Director may extend this date by a period not
exceeding thirty days on an application made by an Educational Agency in whose
favour permission has been granted. (1)
The Educational Agency
immediately after establishing the institution for which permission has been
granted shall report the fact to the Director. (2)
This report shall inter alia
mention- (a)
the place of location of the said
institution; (b)
the classes opened and the
subjects under each stream in which teachings have been started and the roll
strength actually admitted under each stream and subject; (c)
the date on which the said
institution started functioning. The provisions contained in
the Rules 4 to 9 regarding for establishment of a new institution shall ipso
facto apply to cases of adding any new streams or optional subjects in any
existing institution or cases of adding to the permitted roll strength in
existing streams or subjects. CHAPTER-III RECOGNITION (1)
The application for recognition
under Sub-section (1) of Section 6 shall be made in duplicate to the Director
in Form No. 11 within three months from the date of functioning of an institution. (2)
A fee of Rs. 800/- (Rupees eight
hundred) only shall be paid along with every application for recognition in
shape of Treasury Challan. (3)
Every application for recognition
shall indicate the particulars of the Governing Body constituted for the management
of the institution in accordance with the provision of the Act and these Rules
and accompanied by the following documents, namely: (a)
A copy of the letter of
Government permitting the establishment of the institution; (b)
a site plan of the institution
drawn to scale; (c)
Copies of the documents proving
the title of the institution over the site; (d)
The ground plan of the building
of the institution drawn to scale showing the class-room, laboratory, library,
office, common-room, etc.. (e)
A sketch plan of the Block or the
area with location of the institution; (f)
Document proving that a fixed
deposit of the required amount has been made and pledged to the Secretary,
Council (g)
A proposal regarding constitution
of the Governing Body of the institution in Form No. III; (h)
A list of teacher appointed by
the institution with full particulars; (i)
a statement showing the extent of
fulfilment of the conditions stipulated in the order granting permission under
Section 5. (1)
The Director shall on receiving
an application for recognition of a new institution shall arrange for an
inspection of the said institution. (2)
The officer(s) inspecting the
institution shall submit a report to the Director which shall among other
things mention; (a)
about the correctness of the
information furnished by the institution; (b)
extent of fulfilment of the
condition mentioned in the letter granting permission; (c)
any other matter as he/they would
like to bring to the notice of the Director and shall make specific
recommendation about the desirability of according recognition to the
institution. (3)
If the Director is satisfied on
the basis of the report of the Inspecting Officer that the institution has
fulfilled all or some of the condition necessary for recognition to the Junior
College or Higher Secondary School he shall, after obtaining prior concurrence
of the Government make an order granting recognition under Sub-section (4) of
Section 6; Provided that this
procedure shall be followed for opening new faculty/new subject/increase of
seats. An institution shall be
eligible for recognition only if it has- (a)
made provision for accommodation
and other facilities in accordance with the norms laid down by Council in this
behalf. (b)
employed teachers in different
subjects possessing the requisite qualification and as per the yard-stick laid
down by the Council in this behalf; (c)
made provision for Laboratory
equipments and teaching aids as per the norms laid down by the Council in this
behalf; (d)
fulfilled all other conditions
laid down in the letter granting permission for establishing the institution (1)
If one or more of the conditions
necessary for recognition of a Junior College or Higher Secondary School, as
the case may be, have not been fulfilled by the institution, shall not be
accorded to it. (2)
Temporary recognition for a
period not exceeding one year may be granted under Sub-section (6) of Section 6
in case the institution has employed less than the required number of teachers
or has accommodation or facility less than the minimum requirement of a full
fledged Junior College or Higher Secondary School or all the classes not having
been started at the beginning. (3)
Extension to the temporary
recognition may be accorded in the following years only if the institution is
found upon a fresh inspection to have provided requisite accommodation and
staff required for opening of all the classes in accordance with the norms laid
down by the Council in this behalf. (4)
If the institution is found not
to have provided with the requisite facilities, accommodation or appointed
required strength of teachers as required for a full fledged Junior College or
Higher Secondary School having the streams and subjects permitted to it, the
temporary recognition shall be restricted only to the higher class into which
the student have been enrolled and the institution shall not be permitted to
enrol fresh students in the first year class. (1)
The Director shall not accord
recognition, permanent or temporary, as the case may be, to any institution
which has not been permitted to be established by Government in accordance with
the provisions contained in Subsection (4) of Section 5 or does not have the
minimum roll strength as required under Sub-section (2) of Section 11. (2)
Any new stream or subjects
introduced in existing institution or any addition to the permitted roll
strength in the existing streams or subjects shall not be recognised unless the
same has been introduced or the seat strength added with the prior permission
of the Director. (1)
Colleges having been accorded
recognition by the Director in respect of Higher Secondary Classes, immediately
prior to the coming into force of these Rules shall, for the purposes of these
Rules, be deemed to have been permitted under Sub-section (4) of Section 5 and
shall be recognised as Higher Secondary Schools on an application made in this
behalf by the Governing Body of the said institution. (2)
The Higher Secondary sections in
Colleges recognised by Government prior to coming into force of these Rules
shall, for the purposes of these Rules, be, deemed to have been permitted under
Sub-section (4) of Section 5 and shall be recognised as a Higher Secondary
School if the college concerned physically separates out the Higher Secondary
classes by providing separate land, building, accommodation or other facilities
and constitutes these into a separate institution under a separate management
with separate staffs as distinct from a degree college and thereafter the new
management makes an application to the Director in this behalf. (3)
(i) The recognition granted under
the foregoing Sub-rules shall be effective from the date from which the college
or the Higher Secondary Section of the College, as the case may be, had been
recognised by the Director. (ii) The permitted
strength under the different optional subjects in the institution subsequent to
its recognition shall be such as may be determined by the Director. (1)
The order of the Director
granting recognition to an institution shall specify among other things- (i)
the name of the institution; (ii)
the Governing body of the
institution with the name of he President and Secretary thereof as approved by
the Director, and in whose favour the order of recognition is granted; (iii)
the location of the institution; (iv)
the date from which the
recognition shall take effect and the period for which, the recognition is
valid; (v)
the streams under which students
may be enrolled along with permitted roll strength in respect of each stream; (vi)
the optional subjects permitted
under each stream along with the permitted number of students in respect of
each subject. (2)
When the Director makes an order
according recognition either permanent or for a temporary period to an
institution under the foregoing sub-rules he shall communicate the concurrence
of Government for the affiliation of the institution to the Council: Provided that the concurrence
shall be for limiting the affiliation to the same period of time, stream
subjects and permitted strength in respect of which recognition has been
accorded. (1)
While granting recognition to any
institution the Director shall communicate his approval of the teachers
appointed by the said institution: Provided that the
appointment of any teacher shall not be approved unless- (i)
he possesses the qualifications
prescribed by the Council; and (ii)
his name finds place in the panel
of persons prepared by the Selection Board for appointment as teachers in
Junior Colleges/Higher Secondary Schools. (2)
Any teacher duly appointed by the
institution against any vacancy within the prescribed strength shall be
reported immediately to the Director for his approval. (1)
If at any time the enrolment in
an institution is found to fall short of the minimum effective strength are
required under Sub-section (2) of Section 11 or any of the conditions of
recognition are violated by the institution under any stream, the Director on
receiving information to that effect may withhold the grant-in-aid in respect
of the said stream or the institution wholly, as the case may be. (2)
The Director on receipt of
information from any source to the above effect may start proceeding for
withholding the grant-in-aid payable to an institution. (3)
Before the grant-in-aid is
withheld the Director shall serve a notice on the Governing Body pointing out
the violation committed and directing the institution to take suitable steps to
correct the error within a stipulated time or to show cause as to why action
under Subsection (2) shall not be taken. (4)
If the institution fails to
comply with the directions of the Director within the time allowed he may, after
taking into consideration the causes shown by the Governing Body if any, and
hearing the Secretary of the Governing Body in the matter if he desires to be
so heard, pass order withholding grant-in-aid from the institution wholly or in
part. (5)
The appeal against any order of
the Director withholding grant in-aid shall be addressed to the Secretary of
the Department. CHAPTER-IV TRANSITORY PROVISIONS (1)
Any institution desirous of receiving
approval under Sub-section (2) of Section 5 shall make an application to the
Director in Form 1 (2)
The application under Sub-rule
(1) shall be accompanied by a sketch map of the area of the Block or Notified
Area or Municipality, as the case may be, showing the location of the
institution, the location of other Junior Colleges or Higher Secondary Schools
imparting Higher Secondary Education within the area and their distance from
the applicant institution. (3)
The Director after verifying the
correctness of the facts and on being satisfied that the institution fulfils
the conditions stipulated in Clause (ii) of Sub-section (5) of Section 5 he may
make an order under Sub-section (4) of Section 5 granting approval to the
institution. (4)
The order granting approval shall
among other things specify the following, namely: (a)
name of the institution; (b)
specific location of the
institution i.e. name of the village such other local limits that may
appropriately be specified in case of an urban area; (c)
the name of the Block/Notified
Area/Municipality where it is located; (d)
conditions to be fulfilled by an
institution for being recognised in respect of all the matters stated in Clause
(e) of Sub-rule (2) of Rule 7 (1)
Any institution which has
received the approval of the Director under Sub-section (4) of Section 5 may
make an application to the Government in Form II for recognition under
Sub-section (4) of Section 6. (2)
The application shall be
accompanied by the documents specified in Sub-rule (3) of Rule 11 besides an
attested copy of the order of Government granting approval to the College. (3)
The applications received under
Sub-rule (1) shall be disposed of by the Director in the same manner as
provided under, Chapter III of these Rules and the orders granting recognition
shall specify all the particulars specified for in Sub-rule (1) of Rule 17. (1)
Application for recognition
pending before the Government in respect of Institutions eligible for
recognition under Sub-section (8) of Section 6 shall be considered and disposed
of by the Director. (2)
In case of colleges granted
recognition by the Director in Sub-rule (1) which would not have received approval
under Sub-section (4) of Section 5, the order granting recognition shall
specify that recognition is granted under Sub-section (8) of Section 6 and that
the institution recognised as a Higher Secondary School shall not be eligible
to receive grant-in-aid admissible to aided colleges. (3)
The order granting recognition
under Sub-rule (1) shall also specify all the particular provided in Sub-rule
(1) of Rule 17. CHAPTER-V MANAGEMENT (1)
Soon after a Junior College/Higher
Secondary School has been established in accordance with these Rules, the
educational agency who has been permitted to establish the institution shall
constitute a Governing Body for managing the affairs of the Private Higher
Secondary School or the Junior College, as the case may be, under Section 7. [3][(2)
The Governing Body shall consist of fifteen members as follows: (a)
Two persons shall be nominated by
the Educational Agency, one as the President and the other as the Secretary; (b)
(i) Two members from the teaching
staff duly elected by them out of whom one shall be a women and in the event no
women member is available, the membership shall remain vacant till a woman is
posted as a teaching staff; (ii) One member from the
non-teaching staff duly elected by them. (c)
Local Member of Legislative
Assembly or his/her nominee; (d)
Local Member of a Parliament or
his/her nominee; (e)
One person to be nominated by the
vice-Chancellor of the University having jurisdiction over the Institution or
by the Chairman, Council of Higher Secondary Education, as the case may be, who
shall be a women; (f)
one person to be nominated by the
Director, Higher Education who shall be a woman; (g)
five persons to be nominated by
the Educational Agency out of whom one shall be a Donor who donates more than
fifty thousand rupees or in absence of such a donor, a person who is interested
in the field of education, one shall belong to Scheduled Castes or Scheduled
Tribes community, one shall belong to minority community and two shall be women;
and (h)
the Principal or the teacher
in-charge of the Principal shall be an ex-officio member.] (1)
The Educational Agency having
established the institution in accordance with the permission of the Director
shall, along with the applicant for recognition of the institution furnish the
details of the Governing Body constituted in accordance with the provisions of
these Rules in Form III, for approval of the Director. (2)
The Director shall be competent
to approve the Governing Body after making any changes in its constitution if
deemed necessary; Provided that if any
substitution of members nominated under [4][Clause
(g)] of Sub-rule (2) of Rule 23 is contemplated, he shall consult the
Educational Agency in the matter before making such substitution. (3)
The order of approval shall
clearly mention- (a)
the name of the President; (b)
the names or offices of the other
members; (c)
the name of the Secretary of the
Governing Body; and (d) the date of approval. (4)
The name of the member who is nominated
under [5][Clause (e)] of Sub-rule
(2) of Rule 23 by the Chairman of the Council to the Governing Body at the time
of admitting the institution to the privileges of the Council. (1)
Not less than ninety days prior
to the date of expiry of the term of a Governing Body a resolution shall be
made in a meeting of the Governing Body nominating [6][five
persons in accordance with Clause (g)) of Sub-rule (2) of Rule 23 from among
themselves or other persons in the local area interested in the field of
education to be members of the Governing Body to succeed it on the expiry of
its term and to be its President and Secretary: Provided that where a
Charitable Trust had established the College, the Trust shall nominate the
above persons to be Members, President and Secretary of the Governing Body; Provided further that no
person shall be Secretary for more than two terms and no person shall be a
member of the Governing Body for more than two consecutive terms except ex
officio members, donors and those nominated by a Charitable Trust in case of
such Trust established the institution: Provided also that if the
outgoing Governing Body or the Charitable Trust does not pass a resolution
nominating members, the Director shall be competent to reconstitute the
Governing Body. (2)
The outgoing President shall then
furnish the Director for his approval the names of the proposed Governing Body
members along with other details including the name of two representatives to
be elected by the teachers [7][the
name of one representative duly elected from non-teaching staff] and the name
of the principal of the Junior College/Higher Secondary School along with the
name of the persons to be the President and the Secretary. (3)
The Director shall be competent
to substitute any name in the proposed Governing Body to bring it in conformity
with the provision of these Rules or with a view to improve the efficiency of
the management of the institution: Provided that he shall
consult the outgoing Governing Body in the matter before making any such
substitutions. (1)
The Director shall thereupon
communicate his approval of the reconstituted Governing Body indicating the
date from which its term shall begin and direct the Secretary of the outgoing
Governing body, if he is not re-elected as a Secretary of the reconstituted
Governing Body, to hand over charge to the Secretary of the reconstituted
Governing Body on expiry of the term of the outgoing Body. (2)
The Secretary of the
reconstituted Governing Body shall as soon as inform the Director the fact of
taking charge from the outgoing Secretary. (1)
Not withstanding anything
contained in these Rules as soon as a Junior College/Private Higher Secondary
School becomes an aided one the Governing Body shall be reconstituted in the
following manner; [8][(i)
a person interested in the field of
education to be nominated by the Government or, in the absence of such
nomination, the Collector/Additional District Magistrate/Sub-Collector of the
concerned District/Sub-Division in which the Institution is situated, shall be
the President; (ii)
Principal or the teachers in-charge of
the Principal shall be a member who shall be the ex-officio Secretary; (iii)
two senior most teachers of the
Institution as member, out of whom, one shall be a woman and in the event no woman
member is available, the membership shall remain vacant till a woman teacher is
posted; (iv)
one member from the non-teaching staff
duly elected by them; (v)
local Member of Legislative Assembly or
his/her nominee as member; (vi)
Chairman/Chairperson of Panchayat
Samiti/Urban Local Body having the local jurisdiction over the institution, as
the case may be, as member; (vii)
one person to be nominated by the local
Member of Parliament as member; (viii)
one person to be nominated as member by
the Vice-Chancellor of the University having jurisdiction over the Institution,
or by the Chairman, Council of Higher Secondary Education, as the case may be,
who shall be a woman; (ix)
one person to be nominated as member by
the Director, Higher Education who shall be a woman; (x)
five persons to be nominated by the
President referred to in Clause (i), as members, out of whom, one shall be a
donor who donates more than fifty thousand rupees or in absence of such a donor
a person having interest in the field of education, one person belonging to the
Scheduled Castes or Scheduled Tribes community, one person belonging to
minority community and two women.] (2)
The constitution of the Governing
Body and any change in the membership shall be intimated by the Secretary of
the Governing Body to the Director. (3)
The Director, on receipt of the
intimation from the Secretary may either approve the list or suggest with
reasons within thirty days from the date of its receipt. If no communication is
received from the Director, Secondary Education in this regard within a period
of thirty days, it shall be deemed to have been approved: Provided that change, if
any, suggested by the Director, shall be considered by the President of the
Governing Body who shall resubmit the list either accepting the change or not,
to the Director, within 15 days from the date of receipt of the communication
after which the Director, shall approve the same: Provided further that no
meeting of the Governing Body convened during the intervening period (from the
date of intimation till the date of final ratification by the Director) shall
be invalid for the reason of any vacancy in membership or any defect in the
constitution of the Governing Body. (1)
Any member as specified in [9][Clause
(x)] of Sub-rule (1) of Rule 27 may resign from the Governing Body by sending a
letter of resignation to the President and the resignation shall be effective
from the date it is accepted by the Governing Body. (2)
In case of casual vacancy arising
out of death or resignation or cessation of membership [10][of
a member other than the President and the Secretary] the Governing Body may, by
a resolution in that behalf, nominate a member and seek the approval of the
Director thereto. (3)
Any member nominated against a
casual vacancy shall hold office for the remaining term of the office of the
member in whose vacancy he has been nominated and his nomination will be
effective from the date of approval by the Director. A person shall be
disqualified to become a member of the Governing Body or to continue as such if
he;- (a)
is of unsound mind; or (b)
is an applicant to be adjudicated
as an insolvent or an undischarged insolvent; or (c)
is convicted of an offence involving
moral turpitude under any law for the time being in force; or (d)
has been dismissed from the
service of the State or Central Government or of any public undertaking; or (e)
has been found guilty and a major
penalty imposed under departmental proceedings against him either by the State
or the Central Government; or (f)
is not a citizen of India. Subject to the provisions
of the Act and these Rules the Governing Body shall exercise the powers and
discharge the functions as follows: (a)
to ensure proper management,
maintenance and custody of the institution relating to land, building,
equipment, funds of institution including loans and grants sanctioned by
Government or any other authority; (b)
to ensure sanitary conditions of
the buildings and premises of the institution; (c)
to ensure that instructions are
imparted according to the standards prescribed by the Council and concerned
authorities; (d)
to ensure the appointment of
teaching and non-teaching staff in accordance with the provision contained in
the Act, Rules and instructions of the Department; (e)
to ensure implementation of the
provisions of the Act, Rules and instruction issued by the Department or the
Director in the matter of conditions of service of staff relating to their
appointment, salary, leave, pension provident fund, age of retirement and
disciplinary action; (f)
to ensure observance and
compliance of instructions issued by Government, the Council and other
concerned authorities regarding smooth management of the institution in all
respects from time to time; (g)
to maintain discipline in the
institution; (h)
to make proper arrangement
regarding collection of fees and fines from the students and arrange for
deposit of fees and fines in the Treasury/Bank, whenever required; (i)
award free-studentships,
scholarships, stipends, prizes, rewards and punishments to students and staff
in accordance with Rules and instructions of the Department or the Council; (j)
to observe holidays and vacations
according to instructions of the Department; (k)
to ensure that the buildings,
premises, furniture and equipments of the institutions are not used for any
non-educational purpose nor for holding any meeting of political character or
any special or other character for which the feelings of the community is
likely to be divided excited; (l)
to ensure continued fulfilment of
the conditions of recognition; (m)
to submit report and returns
required by Government or the Director and the Council from time to time; (n)
to provide reasonable facilities
to the authorities appointed by Government for inspection. (1)
The Governing Body shall meet as
often as considered necessary for the efficient management of the affairs of
the institution subject to a minimum of four general meetings in a year. The
date of such meetings shall be fixed by the Secretary in consultation with the
President of the Governing Body. A special meeting may be convened at any time
by the Secretary on receipt of a requisition in writing from not less than five
members of the Governing Body. At least seven clear days' notice shall be given
to the members of the Governing Body both in case of general and special
meetings. An emergent meeting may, however be convened by the Secretary by
giving a shorter notice when so required by the President of the Governing Body
or the Director, as the case may be. No member of the Governing Body shall take
part in a meeting if such member or any of his near relation is interested in
the matter under discussion in such meeting. (2)
Any urgent resolution may be
approved by the Governing Body by circulation and such a resolution shall be
deemed to have been approved by the Governing Body if it is approved by at
least five members thereof. A resolution so approved by circulation, shall be placed
before the Governing Body in its next meeting for confirmation. (3)
The quorum for the meeting of the
Governing Body shall be five mere existence of any [11][*
* *] vacancy in membership shall not invalidate the proceedings of the
Governing Body. (4)
The President shall preside over
ail meetings of the Governing Body and in the absence of the President one of
the members other than the Secretary shall be elected to preside. The President
in addition to his vote as a member shall have a casting vote in case of a tie. (5)
The Secretary of the Governing
Body shall record the proceedings of the meeting and shall obtain the approval
of the President thereon. The proceedings shall be placed for confirmation in
the next meeting of the General Body. Minutes of the proceedings of every
meeting shall be recorded serially for each academic session in a register
containing pages continually machine numbered and certified to that effect by
the Secretary of Governing Body. (1)
The President shall ensure that
the decisions taken in the Governing Body are implemented by the Secretary, and
the Governing Body functions properly and holds its meeting regularly. (2)
In case the Secretary defaults in
calling a meeting of the Governing Body as directed by the President, the
President shall have power to make such arrangements as he deems appropriate so
that the meeting may take place. The Secretary of the
Governing Body of a Junior College or Higher Secondary School shall be its
Principal executive and shall be competent to- (a)
make correspondence on behalf of
the Governing Body; (b)
convene meeting of the Governing
Body with the approval of the President and draw up the proceedings of each
meeting and forward a copy of the same to the Director after confirmation; (c)
give effect to the decision of
the Governing Body and subject to its control, do all things incidental
thereto; (d)
remain in charge of the
properties, title deeds, documents and papers related to the deeds of the
institution; (e)
make all payments and sign
receipts other than receipts from fees and fines on behalf of the Governing
Body; (f)
operate any account of the
institution in any Bank or Post Office; (g)
receive donations if so
authorized by the Governing Body; and (h)
exercise such other powers and
perform such other functions as may from time to time be assigned by
Government. Until such times as the
Governing Body of the aided institution has been reconstituted by the Director
in accordance with this Rule the existing Governing Body of the Junior
College/Higher Secondary School shall continue to function: Provided that as soon as
the Junior College/Higher Secondary School became an aided institution the
Secretary of the existing Governing Body shall cease to hold office as such and
the Principal or the teacher in-charge of Principal shall become the Secretary
of the Governing Body and shall discharge all the functions of the Secretary
under these Rules: Provided further that the
outgoing Secretary shall continue to be a member of the Governing Body until
its reconstitution. The Orissa Education
(Management of Private Schools) Rules, 1980, the Orissa Education (Management
of Private Colleges) Rules, 1979 and the Orissa Education (Establishment and
Recognition of Private High Schools) Rules, 1979 so far they relate to the matters
covered by these rules are hereby repealed: Provided that
notwithstanding such repeal any orders made, action taken or things done under
the rules so repealed shall be deemed to have been made, taken or done under
these Rules, Where the State Government
are of the opinion that it is necessary or expedient so to do in the interest
of public, they, may, by order, relax any of the provisions of these rules. If any question arises
relating to the interpretation of these Rules, it shall be referred to
Government in the Education Department for decision. [1] Made in exercise of the powers conferred by Section 27 of the
Orissa Education Act, 1969 (Or. Act 15 of 1969) vide S.R.O. No. 1274/91,
published in O.G.E. No. 1525 dated 18.12.1991. [2] Substituted vide Department of Higher Education Notification No.
65626 - VIII HE (Codes) - 28795 dated 25.11.1995 (O.G.E. No. 334 dated 25.11.1995). [3] Substituted vide O.G.E. No. 374 Dated 13.3.2001. [4] Substituted vide O.G.E. No. 374 Dated 13.3.2001. [5] Substituted vide O.G.E. No. 374 Dated 13.3.2001. [6] Substituted vide O.G.E. No. 374 Dated 13.3.2001. [7] Substituted vide O.G.E. No. 374 Dated 13.3.2001. [8] Substituted vide O.G.E. No. 374 Dated 13.3.2001. [9] Substituted vide O.G.E. No. 717 Dated 8.5.2000. [10] Substituted vide O.G.E. No. 717 Dated 8.5.2000. [11] Substituted vide O.G.E. No. 374 Dated 13.3.2001.THE-ORISSA
EDUCATION (ESTABLISHMENT, RECOGNITION AND MANAGEMENT OF PRIVATE
JUNIOR COLLEGES/HIGHER SECONDARY SCHOOLS) RULES, 1991