[1]UNIFORM GRANT-IN-AID CODE FOR AIDED PRIMARY SCHOOLS UNDER PRIVATE MANAGEMENTS IN KARNATAKA STATE

CHAPTER I INTRODUCTION

Rule - 1. General purposes of Grant-in-Aid.-

With the object of extending and improving secular instruction in the State, a sum of money is annually allotted by Government for providing Grant-in-Aid to Primary Schools, under Private Managements and Local Bodies subject to the conditions specified in the Code.

Rule - 2. Objects of Grants.-

Grants may be given for the following purposes.-

(a)     Maintenance of Educational Institutions;

(b)     Purchasing, erecting, enlarging and improving school buildings;

(c)     Improvement of Play grounds and permanent fixtures, therefor;

(d)     Equipment for the school.

Rule - 3. Reservation of discretion by Government.-

Grants payable by Government are entirely discretionary and cannot be claimed as a matter of right. Notwithstanding anything contained in this Code, Government reserve to themselves the right to withdraw or reduce a grant at their discretion and to alter, modify or revise the rules of recognition and Grant-in-Aid without assigning any reason therefor.

Rule - 4. Sanctioning Authority.-

All grants paid from State funds are sanctioned either by Government on the recommendation of the Director of Public Instruction or by the Director himself or by any other subordinate authority duly empowered in this behalf.

Rule - 5. Interpretation of Rules.-

The decision of Government regarding the interpretation of any rule in this Code shall be final.

Rule - 6.

These rules shall apply to all the Aided Primary Schools in the State insofar as they are not inconsistent with the provisions of the Statutory Acts in force in any of the integrated areas.

Rule - 7.

The rules contained in this Code shall be treated as supplementary to the general rules of expenditure and disbursement of Grant-in-Aid laid down in the Karnataka Financial Code, and the rules contained in the Educational Manuals. Where the rules laid down in this Code appear to be inconsistent with the provisions of Financial Code and Karnataka Civil Service Rules, the rules of the latter shall prevail.

Rule - 8. Appendices.-

The appendices in this Code shall be treated as part of the Code and shall have the same effect as the rules in this Code.

CHAPTER II

Rule - 9. Definitions.-

Unless the context requires otherwise the following words and phrases used in this Code have the meanings hereby assigned to them.

(a)     "Department" means the Department of Public Instruction in Mysore, Bangalore;

(b)     "Director" means the Director of Public Instruction in Mysore, Bangalore;

(c)     "Educational Institution" means a Primary School managed by a Private Management or local body imparting secular instruction and recognised by the Department of Public Instruction;

(d)     "Local Body" means a duly constituted Taluk Board or Municipal Corporation or Municipal Council or a Panchayat or any other body defined by Government from time to time as a local body for purposes of Grant-in-Aid under this Code;

(e)     "Management" means and includes a local body which maintains an Educational Institution or institutions or a recognised association or a registered body of persons which maintains a recognised educational institution or institutions or the Managing Committee or Committees of an Educational Institution which are registered and recognised as such by the Department as provided in the Code;

(f)      "Prescribed" means prescribed by the rules under this Code;

(g)     "Countersigning Officer" means an Officer of the Department not lower in rank than an Inspector of Schools, who will exercise immediate administrative control over the aided Primary Schools and who is authorised to countersign the bills of grants etc., of the institutions after the grants are sanctioned by the Competent Authority;

(h)     [2]"School" means a Primary School in which Primary Education is imparted upto any standard from Standards I to VH but does not include composite school where classes V, VI and VII are conducted along with Standards VIII, IX and X;]

(i)      "Year" means financial year commencing on 1st April and ending on 31st March;

(j)      "District Officer" means the District Educational Officer or Educational Inspector of the District as the case may be.

CHAPTER III GENERAL CONDITIONS FOR STARTING AND RECOGNITION OF PRIMARY SCHOOLS

Rule - 10. General Conditions for starting new Schools.-

(i)      New Primary Schools are ordinarily started by Government.

(ii)     Applications for starting a new private school under Private Management shall be made to the District Educational Officer of the District through the concerned Inspecting Officer before 31st October of the year previous to that in which the school is proposed to be started in Form 1.

Information regarding the need for a private school, accommodation, furniture, equipment proposed to be supplied and staff to be appointed, the rates of fees proposed to be levied (in the case of unaided institutions) and the funds available at the disposal of the Management and willingness of the Management to abide by the rules laid down by the Department from time to time should be furnished in the application.

(iii)    Such application shall be disposed of by the District Officer within three months from the date of receipt of the application and a communication shall be sent to the Management informing whether the permission to start the school has been granted or not. In the event of refusal of permission to start the school, reasons for refusal shall be communicated to the Management.

(iv)    In no case shall an institution be started without the previous permission of the Department. Recognition shall not be granted to an institution which has been started without previous permission.

Rule - 11. While disposing off the applications for grant of permission to start an institution, the following factors shall be kept in view.-

(a)     that the institution is open to all communities without any distinction of caste, creed, race or religion;

(b)     that there is need for an institution in a locality without involving any unhealthy competition with an existing institution of the same category in the neighbourhood. The main criterion for starting an institution shall be the educational requirement of the locality;

(c)     that the school building should be ready before the school is opened. All rooms should be of the approved size. If it is not possible to construct the building before the school is opened, permission may be given, in deserving cases to conduct the school in a suitable rented or rent-free building for a period of one year from the date of starting of the school, as a special case. Before the end of this period, the construction of the permanent building should be completed. The Director may extend the period for a further period of two years in specially deserving cases;

(d)     it shall be competent for the Department to prohibit the use of any building or portion thereof for school purposes, if it is considered by the Department to be unsuitable.

Rule - 12. Medium of Instruction.-

(i)      In all Primary Schools, the medium of instruction shall ordinarily be the Regional Language or mother tongue of the child.

(ii)     With a view to creating facilities for the linguistic minorities provision shall be made for teaching their mother tongue, subject to the prescribed conditions.

English medium schools or English medium sections in the existing Primary Schools may be opened with the permission of the Director for the benefit of the following categories of students.-

(i)          Students whose mother tongue is English;

(ii)         Students whose parents belong to All India Services, Central Services, etc., and are liable to be transferred from State to State (on production of certificates from the concerned Department);

(iii)        Students belonging to a migratory group-Migratory group means those who have no permanent abodes and who migrate from State to State frequently for business or other reasons e.g., Labour employed in construction work;

(iv)        Students whose parents are employees of Banks, Firms and other Business concerns; which have branches in more than one State and the employees of which are liable to be transferred from State to State (on production of certificate from the concerned authorities);

(v)         Students whose mother tongue is a minority language for which there is no provision in the schools of the locality;

(vi)        Such schools should be started only after obtaining the permission of the Director; and

(vii)       An English medium school or class may be permitted to be started subject to the condition that the minimum strength of each Standard is 10 or 30 for Standards I to IV taken together. For Standards V to VII the minimum strength shall be 10 per Standard.

Rule - 13. General Conditions of Recognition.-

Educational Institutions may be admitted for purposes of recognition by the Department provided they satisfy the Department with regard to.-

(i)      Need for private school in the locality;

(ii)     Adequacy of accommodation provided;

(iii)    Adequacy of equipment and furniture;

(iv)    Agreement to follow departmental rules as regards syllabus and text books;

(v)     Number of teachers and their qualifications;

(vi)    Financial Resources of the Institution;

(vii)   Conforming to all the rules set forth in this Code;

(viii)  Presenting pupils for the examinations conducted by the Department.

Notes: 1. The application for recognition of Primary Schools should be made in Form 2.

2. The Management should credit the share of its contribution at 3% of teachers' salary towards T.B. Scheme before 1st June of the subsequent year. In case the Management does not credit its share towards gratuity of teachers the amount will be recovered from the Security Deposit and a time limit prescribed for the Management to make good the amount so recovered from the Security Deposit. Recognition of an Institution does not automatically confer any right on the institution to claim Grant-in-Aid.

Rule - 14. Managing Committee.-

(i)      There shall be a duly constituted managing committee to look after the administration of the school under a private Educational organisation or Association. They shall be duly elected by the members of the Society or the Association. The management shall be responsible for the maintenance of the institution. The Society or the Association should be registered under the Karnataka Societies Registration Act, 1960. The management shall not comprise members of the same family. Not more than one member of a family-shall be a member of the committee. Institutions which are already permanently recognised are exempted from registering the school managing committee under the societies registration Act. Never the less they shall form school managing committees. Similarly, local bodies are exempted from registering their school managing committee.

(ii)     No Proprietary or single Manager school shall be recognised under this Code.

Note: Such Proprietors or Managers shall take immediate steps to comply with sub-rule (i) unless this is done, their claims for Grant-in-Aid shall not be entertained. However, institutions which are already permanently recognised are exempted from the requirement of registration under the Societies Registration Act.

(iii)    The Management shall appoint a Correspondent or Secretary who will be authorised to correspond with the Department. Any change in the name or address of the Correspondent should be reported to the Department. The Head of the institutions and at least one member of the teaching staff elected by teachers shall be included in the Managing Committee. The Management is fully empowered to take any action deems fit on the Correspondent or Secretary for any proved mismanagement.

(iv)    (In the case of groups of schools managed by a voluntary body, there shall be a Managing Committee for each school separately.

(v)     A Local body such as the Municipality shall form a separate school managing committee for managing the schools under its control.

Rule - 14-A. Appointment of Special Officer.-

(1)     [3]If, in the opinion of the Commissioner of Public Instructions.-

(a)     The Managing Committee of any Educational Institution for which Grant-in-Aid is allowed under this Grant-in-Aid Code, persistently makes default or is negligent in the performance of the duties imposed on it by the Grant-in-Aid Code or Rules of recruitment or commits any act which is prejudicial to the interest of the teaching and non-teaching staff and the student community in general or if otherwise not functioning properly; or

(b)     The Managing Committee of any institution for which the Grant-in-Aid is paid is not functioning in accordance with the agreement entered into by the Managing Committee for the purpose of salary grant or any directions issued by the State Government or the Department of Public Instructions, the Commissioner for Public Instructions may, after hearing the Managing Committee, by order, remove the said Managing Committee and appoint a Special Officer to manage the affairs of the said Educational Institution for a period of one year in the first instance, which, if necessary may by order, be extended for a further period not exceeding one year.

Exception.- Nothing in this rule shall apply to Educational Institutions established and administered by the minorities.]

Rule - 15. School Betterment Committee.-

(a)     In addition to the School Managing Committee, a school Betterment Committee in respect of each school managed by private agency shall be constituted to promote the welfare and improvements to be effected in the institution as in the case of Government Primary Schools.

(b)     If there is a change in management of school or change in location of the school, a fresh application for recognition shall be made, as if it were a newly started school.

(c)     The school shall be housed in a well-ventilated building with sufficient accommodation. There should be an open space around with a suitable play ground. There should be adequate sanitary arrangements.

(d)     The school shall be equipped with furniture and library to suit the requirements of the institution.

(e)     The management of every temporarily recognised institution shall deposit a sum of Rs. 500 per class as stability fund in a scheduled bank in the Joint names of the Secretary and the Deputy Directors of Public Instruction of the district concerned before renewal of recognition is granted.

The mode of crediting the stability fund shall be as follows.-

1.       The stability fund of Rs. 500 per class shall be deposited by the management of the temporarily recognised school within a period of five years from the academic year of 1972-73 or five years from starting the school in respect of schools started from 1972-73 onwards.

2.       In case of management which would pay the full amount of the stability fund at the rate of Rs. 500 per class the managements could do so by depositing the amount in a scheduled bank in a lump.

In other cases where the stability fund cannot be paid fully in a single installment it may be paid in five installments of not less than five-hundred rupees each so that within a period of five years the total amount to be paid as stability fund would have been paid by them. The amount shall not under any circumstances be diverted for the purpose other than for which it is meant, the Deputy Director of Public Instruction shall be at liberty to operate on the Stability fund for the payment of salaries of the teachers in case of such exigency arising and to recover other dues such as management contribution towards triple benefit scheme.

The amount so drawn shall be made good by the management within three months from the date of intimation to the management by the Department. If the management fails to do so, the amount drawn from the stability fund shall be credited by the Department, towards the fund out of the maintenance grant due to the management. If any management fails to deposit the annual installment of stability fund the management shall not be eligible for permanent recognition.

(f)      The rules prescribed by the Department from time to time shall be followed by the institution.

(g)     Registers prescribed by the Department shall be maintained and all periodical returns prescribed by the Department shall be furnished as and when called for. (A list of registers to be maintained is shown in Appendix I).

(h)     (i) Records relating to academic and financial affairs of the institution shall be maintained by the Head of the Institution and they shall be in the possession of the Head of the Institution. They shall be produced before the Departmental Officers at the time of their visit or inspection;

(ii) Officers of the Department are empowered to seize record relating to the academic as well as the financial matters by giving acknowledgements, whenever felt necessary and such records shall be returned to the Institution when no longer required by the Inspecting Officers.

Rule - 16.

(a)     Every recognised institution shall subject itself to Departmental Inspection at any time and shall abide by the instructions issued by the Inspecting Officer from time to time.

(b)     The Management shall submit the statement of accounts to the Inspecting Officer which has to be duly approved by him. All contributions and donations collected by the Management shall be duly accounted for. Failure to submit the accounts duly approved by the Inspecting Officer every year before the prescribed date shall entail the withdrawal of recognition.

(c)     Change of Management from one registered body to another registered body may be permitted for valid reasons at the discretion of the Director.

(d)     The Management shall agree not to close down the school or any standard in the school abruptly, when once recognition has been accorded. When it intends to close down the school or any Standard in the school, the Management shall give previous notice of one clear calendar year and obtain permission of the Department to close down the school or Standard.

(e)     Recognition shall not ordinarily be granted with retrospective effect. Recognition will take effect from the date of issue of the order. However, Government, may having regard to the circumstances of any particular case, grant recognition retrospectively for a period not exceeding three years.

Rule - 17. Appointment of Staff.-

(i)      Duly qualified staff shall be appointed by the Management. The Head of the Institution shall be a trained S.S.L.C. with a minimum teaching experience of five years. The qualifications of all the other teachers should be the same as those prescribed for similar category of a staff in Government schools. The management shall follow the conditions of service prescribed from time to time by the Department in this behalf.

Note: Wherever trained Scheduled Castes/Scheduled Tribes/Backward Classes Candidates are not available for appointment within the reserved quota for the above categories, untrained candidates may be appointed.

(ii)     The scales of pay and allowances adopted by the Department shall be adopted for the staff of the Institution.

(iii)    The management shall obtain approval of the concerned.

Inspecting Officer for all appointments and changes in the staff of the institutions. The Inspecting Officer may prohibit the employment of any person who is not duly qualified or who for any other reason is considered to benefit for employment.

(iv)    Persons who are suffering from contagious diseases or serious physical defects should not be appointed as teachers in schools. In doubtful cases a reference shall be made to the Inspecting Officer concerned and his instructions obtained.

Rule - 18.

(i)      Recognition, when granted, shall apply only for such courses and such Standards and for such number of sections and for such periods for which it is granted.

(ii)     The Department may at its discretion grant temporary recognition for a period not exceeding one year even when certain conditions are not fulfilled. Such temporary recognition may be renewed only if they satisfy all the conditions of recognition and aid on efficient lines, otherwise the recognition shall be withdrawn. If an institution which is accorded temporary recognition continues to fulfill the conditions of recognition continuously for a period of five years, it may be recognised on a permanent basis.

(iii)    No recognised school shall open a Standard or Standards higher than those for which recognition or permission has been granted. Application for opening a higher Standard or Standards shall be submitted to the concerned District Officer at least 5 months before the beginning of the school year in which the higher Standard is proposed to be opened.

(iv)    No New Division (Section) of a Standard already recognised shall be opened unless the school makes adequate provision for additional accommodation, staff and equipment and has taken previous permission of the concerned Inspecting Officer.

(v)     In no case shall permission be accorded to open a new section unless the number of pupils for whose benefit the new section is intended exceeds 40, which is the normal strength of a class, by at least fifty per cent.

Rule - 19. Application for Recognition.-

(i)      Application for recognition shall be made in the Form 2 to the concerned Inspector of Schools within the prescribed time, who after due inspection shall submit the records along with his specific recommendation within a month after receipt to the District Officer concerned, who is competent to grant recognition.

(ii)     Application for recognition shall be sent to the concerned Departmental authority within two months from the date of opening of the school. Such applications shall be disposed off by the Department within three months from the date of their receipt.

Rule - 20. Refusal of Recognition.-

(i)      In the event of refusal of recognition to an institution, a copy of the order to that effect indicating the reasons for refusal, shall be communicated to the Management.

(ii)     An appeal shall lie to the Director of Public Instruction within 30 days from the date of receipt of such communication. The appeal petition shall" be submitted through the Deputy D.P.I. of the District and the Joint Director of the Division who shall forward it to the Director with their remarks. The appeal petition shall be disposed off within 2 months from the date of its receipt in the office of the Director. The Director's decision shall be final.

Rule - 21. Withdrawal of Recognition.-

(i)      Recognition granted to any institution or Standard may at any time be withdrawn by the Competent Authority, if any of the conditions of recognition are not observed or violated or if the standard of instruction imparted in the school or Standard is in the opinion of the Inspecting Officer found to be not satisfactory or for any other valid reason. When the schools are mismanaged and the departmental rules are violated, the Joint Director, of the Division after due departmental enquiry, may declare the Management as unfit to be in charge of the institutions. Thereupon unless the managing body is reconstituted and the affairs are set right, the recognition shall not be continued:

Provided that due warning shall be given to the Management and reasonable time allowed, to rectify the defects pointed out and to carry out the instructions of the Department:

Provided further that an institution which is aggrieved by the decision of withdrawal of recognition may submit an appeal to the Director, within a period of thirty days from the date of receipt of communication of the withdrawal of recognition. The decision of the Director shall be final.

(ii)     An institution, the recognition of which is withdrawn, shall not be entitled to the privilege of getting recognition again unless all the defects have been rectified and the school commences to fulfill the prescribed conditions of recognition laid down by the Department.

(iii)    Undue laxity and irregularity in granting promotions or withholding them from deserving pupils in Annual Examinations shall also be considered as sufficient reasons for withdrawal of recognition to any school or Standard.

CHAPTER IV

Rule - 22. General Conditions of Aid.-

(i)      Grant-in-Aid is permissible only to those institutions that have been recognised by the Department. The following are the different types of grants payable to the institutions.-

(a)     Maintenance Grant;

(b)     Building Grant.

Note: Financial assistance, if any received by the Institutions from any department of Government or Local Body, etc., shall be deemed as part of the income and grants regulated accordingly.

(ii)     No school shall be eligible for Grant-in-Aid, if its income is more than the expenditure during any year.

(iii)    [4][Grants may be paid subject to availability of funds, due consideration being given to the requirements of each institution.] [5][No school will be eligible for Grant-in-Aid during the first five years of starting]. However, schools which have been started during 1969-70 with permission to or granted recognition by the Department during the period from 1st April, 1969 to 18th October, 1969, are eligible for grants:

[6][Provided Government may under special circumstances, where a registered association formed by parents or parents and teachers starts a school in place of a school or schools closed down by the old management or managements concerned either on their own accord or due to derecognition of such school or schools by the Education Department, sanction Grant-in-Aid from the year of starting to such a school or schools serving the educational needs of the children of the locality, provided that the new institution caters to the majority of the children of the locality formerly served by the institution or institutions closed down.

Government may also take into account for purposes of Grant-in-Aid the service rendered by the teachers in the former aided institution for purposes of pay fixation in the new institution and for counting their service for purpose of pension, gratuity and leave.]

(iv)    [7][No school shall be eligible for grants until and unless it has completed five years:

Provided that Government may sanction grant to a school from the very first year of starting such school if:

(a)     Not less than fifty per cent of the total number of the students on the rolls of such schools belong to the scheduled castes, the scheduled tribes or the backward tribes and

(b)     Not less than three fourths of the total number of members of the committee or body running or managing such school belong to the said castes or the tribes.]

No primary school shall be eligible for grant under these rules if any employee of such institution.-

(i)      engages himself or participates in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with neighbouring or foreign states, public order, decency or morality, or which involves Contempt of Court, defamation or incitement to an offence;

(ii)     becomes a member of or otherwise associates with any political party or any organisation which takes part in politics or takes part in or subscribes in aid of or assists in any manner, any political movement or activity;

(iii)    contests any election to or becomes a member of any House of the State Legislature or any House of the parliament or any local authority.

Rule - 23.

(a)     At the time of application for aid, the Management shall deposit in a scheduled Bank (or Treasury) in the name of the institution, security deposit as required in Rule 15(e).

(b)     The management shall deposit all income from fees, grants, donations, interest on endowments and all other receipts of the institution to the Bank Account or Treasury which is opened in the name of the institution. No amount so collected shall be utilised before crediting it to the Bank/Treasury Account.

(c)     The management shall not spend any portion of its income including accumulated savings on items which are not in the interest of the institution or meant for its developments.

Rule - 24.

The annual accounts of the institutions shall be submitted by the managements to the Inspecting Officer for his approval. The Inspecting Officer shall intimate the items of disallowances to the managements concerned.

Rule - 25.

(i)      The application for Grant-in-Aid shall be made to the sanctioning authority through the Inspecting Officer in Form 3 on or before first day of August of the following year, duly supported by the financial statement in Form 3 duly approved by the Inspecting Officer. Applications for grant, which are not supported by the financial statement duly approved by the Inspecting Officer or those sent after the prescribed date shall be rejected. In case, the accounts are not submitted within the prescribed date, action shall be taken against the institution under the Karnataka Society Registration Act.

(ii)     The management shall not incur fresh additional expenditure even non approved items without previous permission of the department in anticipation of obtaining aid from Government. Such extra expenditure may be however incurred on approved item if the management is in a position to do so without Government grant.

Note: Previous approval of the Department is not however necessary for purchase of stationery and forms upto a limit of Rs. 10 per class.

(iii)    The Institutions recognised permanently are eligible to the Grant-in-Aid so long as the recognition continues from year to year provided they fulfill the conditions of recognition/Grant-in-Aid and observe other rules and instructions issued by the Department from time to time.

Rule - 26. The payment of grant shall however be subject to the following conditions.-

(i)      The school has at least a minimum strength of 40 students on its roll;

(ii)     The school has worked for not less than 220 days during the year or such other number of days as may be decided by Government;

(iii)    The scales of pay and allowances prescribed by the Department are adopted for the staff of the school;

(iv)    The qualifications of members of the staff are the same as those prescribed for similar category of staff in Government Schools; and

(v)     The staff pattern as shown below is adopted.

[8][There shall be one teacher for every 50 pupils on the roll and forty pupils on the average attending the school. Where the pupil strength in a class exceeds 75 on the roll, with 60 attending on the average, the section shall be bifurcated and an additional teacher sanctioned.] Any additional teacher exceeding this limit shall be disallowed for purposes of Grant-in-Aid. If the number of teachers is more than ten, one additional teacher, preferably a trained graduate may be admitted who will be the head of the institution.

Note: In school where there is no separate Head Master/Head Mistress the senior most teacher will act as the Head of the Institution for co-coordinating and controlling the work of all the teachers and for dealing with administrative matters.

Rule - 27.

The maintenance grant for a year shall be calculated on the "authorised cost of maintenance" of the previous year as approved by the Inspecting Officer. Authorised cost of maintenance includes full teaching grant plus contingent grant to the extent of 5 per cent teaching grant. Contingent grant may be utilised for stationery articles, repairs to furniture, purchase of furniture, repairs to buildings, rent of buildings, allowances to Class IV Servants, water and light charges, Postage Stamps and scavenging charges. Sanctions for Grant-in-Aid shall be accorded by 1st October of the following year provided the claims preferred conform to the conditions of aid.

CHAPTER V

Rule - 28. Quantum of grants admissible.-

Quantum of grant for maintenance of a school shall consist of salary grants and contingent grant. The salary grant shall be one hundred per cent of the teachers' salaries and the salaries of existing Class IV employees who have put in not less than three years of continuous service as on 1st April, 1969, including the Dearness allowance and other allowances at the scales approved by the Government. The contingent grant shall be at 5 per cent of the salary grant. Government may arrange for payment of salaries direct to the teachers and Class TV employees every month as per rules to be specially prescribed for the purpose of teaching such pay as advance maintenance grant subject to adjustment of excess payments, if any, from the stability fund.

Notes: 1. The term other allowances includes leave salaries, substitutes salaries and any other allowances sanctioned by Competent Authority as per the orders issued by Government from time to time.

2. Further recruitment of Class IV personnel shall not be eligible for grant under the Code.

Rule - 29. The following certificates shall be furnished in the order sanctioning the final grant for each year issued by the District Officer.-

(i)      Certified that the conditions attached to the grant paid during the previous year have been fulfilled;

(ii)     Certified that the expenditure incurred in respect of appointments made, on employment of leave substitutes, relating to leave allowances admissible under rules, purchases, other charges requiring previous approval of the Inspecting Officer have been covered by sanction of the Inspecting Officer vide Memo No.....dated......detailed below and the Grant-in-Aid is regulated accordingly;

(iii)    Certified that the Grant-in-Aid of Rs. .....given for the previous year.....has been fully spent by the grantee solely for purpose of maintenance of the School.

The above certificates shall be signed by the (i) Head of the Institution and (ii) Correspondent.

Rule - 30.

(a)     Grants once sanctioned may be revised or modified, if necessary at the discretion of the Director for valid reasons. There shall be a reduction in grants to be paid by way of 5 per cent maintenance grant.

(b)     The District Officer will have the discretion to arrange for the payment of salaries of the teachers every month. It may be paid directly to the teaching staff either through Bank, Post Office or Money Order or by a messenger in which case the incidental charges will be deducted.

Rule - 31. Reduction in Grants.-

(1)     Grants may be reduced by the Director after due warning to the Management, if it is found that the provisions of the rules laid down in this Code are not followed and the school has deteriorated in general efficiency.

(2)     In cases of gross mismanagement or breach of instructions or orders issued by the Department or infringement of the provisions of the rules in this Code, which in the opinion of the Department is of a serious nature, the grant may be reduced or withdrawn by the Director, without any previous warning.

Rule - 32. Building Grants.-

Building grants not exceeding one half of the total estimated approved expenditure of Rs. 1,000 per room whichever is lower may be sanctioned to an institution for the following purposes.-

(a)     For purchase of building;

(b)     For construction of building.

Notes: 1. No grant shall be admissible in respect of construction of school building, extensions or alterations unless the plan and estimates are got approved by the Competent Authorities of the Public Works Department and the Director is convinced of the necessity for undertaking the works.

2. Each grant is subject to a ceiling limit of Rs. 25,000.

3. The management should own a site for the construction of the building before the grant is applied for.

4. In the case of purchase of building the Director shall be consulted before the purchase is effected.

5. Ordinarily, the school buildings which are constructed from out of the Government grants should not be rented out for non-education purposes. In case, where a building has to be rented out to private parties for non-political and educational purposes, previous permission of the District Officer should be obtained. 75 per cent of the rent so collected should be remitted to the Treasury under "XXII Education".

Rule - 33.

Wherever private benefaction has been received for the purchase or construction of buildings the management may reckon it towards its share of cost. Should the benefaction be in excess of the management's share of cost, such excess shall go to reduce the Government share of cost.

Rule - 34.

(i)      Application for building grant shall be made in the Form 4. In the application, the management shall furnish information regarding its financial resources to bear its share of cost and clearly state whether the Government grant applied for will be sufficient for the purchase of the building or for the construction of the building and whether the construction of the building would be completed within the prescribed time. The application for building grant should be supported by approved plans, estimates and specifications and it should indicate the manner of calling for tenders and their acceptance in the case of construction of school buildings.

(ii)     The application shall be addressed to the Director, so as to reach him on or before 30th April of the year.

Note.- Ordinarily the lowest tender shall be accepted. If the lowest tender cannot for valid reasons be accepted in any case, the next higher tender may be accepted in consultation with the Executive Engineer or other higher authority of the Public Works Department having jurisdiction over the area.

Rule - 35.

(i)      In the case of grants for construction or extension of buildings, every reasonable opportunity shall be afforded by the management, to the official of the P.W.D. during the progress of the work, to inspect and examine the materials used, to take measurements and to verify whether the buildings are being constructed according to the approved plan and specifications.

(ii)     Before sanctioning the grant the management shall be required to execute a non-alienation deed of property concerned in the form prescribed for the purpose.

(iii)    The grant may be paid in not more than four installments according to the progress of work. The amount of each installment payable together with the installments, if any, already paid, shall not exceed 50 per cent of the value of the work actually done and paid for, as certified by the Public Works Department authorities;

(iv)    The last installment shall be payable only on completion of the work on production of a completion certificate from the Public Works Department authorities. The bill shall contain a certificate to the effect that the building has been completed in accordance with the approved plans and specifications and to the effect that the claims of the contractor have been settled in full and final settlement. The bill shall also be furnished in support of the claims for final installment of grant.

Rule - 36.

(i)      The order sanctioning the grant shall specify the date by which the building should be completed. The period should not normally exceed two years. The Director may in special cases extend the period for not more than one year.

(ii)     If the building is not completed within the period specified, the Department may call upon the management to explain the delay in construction and in the event of sufficient reasons not being given, the Director may require the management to refund within a reasonable time, the entire amount of the grant so far drawn with interest and if the management fails to do so, summarily enter upon and take possession of the incomplete structure with the site on which it stands and all the buildings and materials lying thereon till the amount is refunded or he should recover it by such means, as he may deem fit. The management should execute a bond to that effect, in the form prescribed by Government. The management concerned shall repay the amount before the expiry of three months from the date of demand.

Rule - 37.

(a)     Where works are executed on the piece work system or by engaging labour or daily wages, the management shall be responsible to see that the work is got supervised by drawing the grant, and the expenditure should be certified by qualified Engineers for the purpose of the Officers of Public Works Department. The rates claimed in the bill should not exceed the current schedule of rates in force in the Public Works Department.

(b)     Grants are payable under these rules for the purchase of buildings or for improvements and extension of existing buildings irrespective of whether or not they were originally constructed or purchased with financial assistance from Government.

(c)     When the grant applied for is for purchasing a building, the Director shall satisfy himself as to (i) right and title of the seller and whether the property could be made over to the Management of the school immediately on payment and (ii) whether the building is suitable for school purposes in regard to sanitation, water supply, ventilation, lighting, adequacy of accommodation, size of rooms, play ground, etc.

(d)     Before a grant is paid, the management shall execute a bond in Form 7 binding itself to abide by the conditions governing the payment of grant; where the grant exceeds Rs. 10,000 the management shall execute in lieu of the above bond, a deed of Mortgage of the property in favour of Government in Form 6.

(e)     The management of a primary school shall be bound to refund the whole or a portion of the building grant drawn by it, if a building for construction, extension or improvement of which a grant has been drawn, ceases to be used for the purpose for which the grant was drawn within a period of forty years from the date of final payment of the grant, the amount refundable bearing the same ratio to the grant drawn, as the period still required to complete 40 years of use of the building bears to 40 years.

(f)      The application should explain clearly the need for the building with reference to the number of pupils and the various courses which have been introduced.

Rule - 38. Before the grant is sanctioned, the Department shall be satisfied with regard to.-

(i)      the means relied upon being available, a declaration to that effect being appended to the application;

(ii)     the building being devoted solely to secular educational purposes;

(iii)    the clear title of the management to the site on which the building is to be put up;

(iv)    the building being constructed within the stipulated period.

Rule - 39.

(a)     Building grant may be sanctioned to temporarily recognised institutions also subject to the following conditions.-

(i)      The Institution has enjoyed continuous temporary recognition for not less than five years;

(ii)     There are sufficient funds collected from the public with the previous approval of the Department.

(b)     (i) The sanctioning authority should furnish in the order sanctioning the grant the following certificate.-

"Certified that the conditions of aid have been fulfilled and the management has executed a non-alienation deed of the property concerned in the form prescribed by Government".

(ii) The sanction of grant shall be communicated to the management on or before the 30th November. The order sanctioning the grant shall specify the date by which the building shall be completed.

(c)     (i) The countersigning Officer while releasing the first and subsequent installments of the grants should furnish the following certificate.-

"Certified that the management has spent an amount not less than quarter/half/three-fourth of the estimated cost of the building till now and the Government grant till now has also been fully utilised".

(ii) At the time of payment of final installment of grant, the following certificate shall be furnished by the Countersigning Officer.-

"Certified that the management has spent the full amount of Government grant drawn so far as also the management's share in full and the building is completed, in all respects as per prescribed drawings and specifications".

CHAPTER VI

Rule - 40. General Conditions of Service.-

(i)      Applications shall be invited by the management of the Institution in respect of vacancies lasting for more than six months duration either through advertisement in reputed daily newspapers or through local Employment Exchange. A copy of the advertisement or requisition shall be sent to the concerned District Officer.

(a)     All Non-Government primary schools receiving grants from Government shall reserve 15 per cent, 3 per cent, 3 per cent and 28 per cent of all direct recruitment vacancies in both teaching and non-teaching cadres in favour of scheduled castes, scheduled tribes, backward tribes and other backward classes candidates respectively and shall classify the vacancies as indicated in the Government Order No. GAD I. SRR 74, dated 29th July, 1974 and Government Order No. GAD 2 SBC 75, dated 9th July, 1975;

(b)     The definition of scheduled castes, scheduled tribes, backward tribes and other backward classes in the Government Orders No. GAD 42 SRR 69, dated 6-9-1969 and No. GAD 2 SBC 75, dated 9-7-1975 will hold good for the purpose of this Government Order;

(c)     The institutions receiving grants from Government shall submit to the authorities sanctioning grants a report with regard to the fulfillment of the above conditions and no grants shall be sanctioned if the institutions fail to fulfill the conditions;

(d)     The sanctioning Authority before sanctioning the grants shall review and satisfy himself about the fulfillment of the above conditions laid down in this Government Order.

(ii)     Applications shall be considered by a Selection Committee consisting of two representatives of the Managing Committee, Head of the Institution and one Educationist, nominated by the Managing Committee. The Selection Committee shall recommend a panel of names and arrange them in the order of merit, in respect of each appointment and the Managing Committee shall make the appointment. All such appointments are subject to the approval of the Department. If the Managing Committee makes the appointment not in accordance with the order of merit, they shall record the reasons in writing and obtain the approval of the Department. Preference shall be given to trained teachers.

(iii)    No person below the age of 18 years shall be appointed in any of the recognised Institutions.

Rule - 41.

(i)      A person appointed in a permanent vacancy should be appointed on probation for a year. After the satisfactory completion of the period of probation he shall be confirmed in the vacancy.

(ii)     The management shall provide the benefits of the triple benefit scheme to each teacher, who is confirmed.

(iii)    In the event of unsatisfactory work of misbehaviour during the period of probation, the teacher's service may be terminated, giving one month's notice.

(iv)    At the time of initial appointment, the teacher shall execute a bond to serve the institution for a period of two years.

The management may fill up vacancies of less than six months duration without advertisement.

Rule - 42. The following procedure shall be adopted while appointing the Head of the Institution.-

(i)      Managements should make the appointments of Headmasters by selecting from trained teachers only. Persons so selected shall be on probation for a year in the first instance. Such selections and appointments shall be communicated to the District Educational Officers and concerned Inspecting Officers.

No Head of the School shall be confirmed without the approval of the Competent Authority of the Education Department.

(ii)     The person to be appointed as the Head of the Institution must have at least five years teaching experience in such schools or in the institutions under same management. No person who is untrained shall be appointed as Head of the Institution. If a management desires to throw open the post for promotion only, rules should be framed for the purpose and got approved by the District Educational Officers.

(iii)    While making the appointment of the Head of the Institution, the management should give due consideration to the claims of the senior and qualified persons already working in the school. Unless the senior most member of the staff is unsuitable for the post due to valid reasons, his claims should not be passed over.

Note: 42(iii) of the Uniform Grant-in-Aid Code for Aided Primary Schools Under Private managements are not applicable to the Educational institutions run by the religious or linguistic minorities.

Rule - 43.

All appointments and promotions requiring the previous approval of the Inspecting Officer concerned should be reported to him and his approval obtained before any commitment is entered into by an aided Institution in this behalf. The approval should be recorded in the form of an order in an office order book, maintained by the management and numbered serially for each financial year. Leave, normal increments, etc., sanctioned by the management under the powers vested in them should also be entered in this order book maintained by the management in the form of an office order. The claims for pay and allowance of staff should have cross reference to the entries made in the office order book.

Rule - 44.

If considered necessary, sanctions to charges not relating to emoluments of staff may be entered in a separate office order book.

Rule - 45. Vacation Pay.-

(i)      Temporary employees may be allowed summer vacation pay subject to the following conditions.-

(a)     The incumbent is not serving in leave and deputation vacancies;

(b)     He was on duty on the last working day before the vacation as also on the first working day after reopening of schools;

(c)     He should have put in a service of not less than 200 days in that academic year.

(ii)     In the case of termination of services of a temporary teacher on or before the last working day, reasons therefor should be furnished to the Inspecting Officer by the management. Any question arising therefrom shall be decided by the Joint Director of the Divisions.

Rule - 46.

(a)     Leave Rules.-

The leave rules applicable to employees in Aided Primary Schools will be governed by the provisions of the rules contained in Karnataka Civil Services Rules and also as per the amendments issued from time to time.

(b)     Rules of Discipline.-

The rules of conduct and discipline may be issued from time to time by the management provided these are not repugnant to the general rules of conduct laid down by Government.

(c)     Service Conditions.-

(i)      [9]The age of superannuation of both teaching and non-teaching staff shall be 55 years.

No grants will be paid towards pay to such of the employees in service beyond 55 years of age with effect from 1st January, 1976.

Provided that every staff member in an aided private primary school;

(a)     who has continued in service after attaining the age of 55 years (60 years with the permission of the Department) shall be retired on the date on which he or she attains the age of 60 years or on 1st January, 1976, whichever is earlier;

(b)     who attains the age of 55 years after the amendment of Rule 46(c)(i) of the uniform Grant-in-Aid Code in respect of private aided Primary Schools, but before 1st January, 1976 shall retire on 1st January, 1976;

(c)     who attains the age of 55 years after 1st January, 1976 shall retire on the date on which he or she attains the age of 55 years.

However, if a substitute cannot be appointed before the end of the academic year and the management of the institution desires to continue the services of any employee due to retirement on or after 1st January, 1976 as above during the current academic year, they may do so treating the period of service of such employee for any period upto 31st March, 1976, only as on re-employment and the expenditure incurred on such re-employment will be reckoned for the purpose of Grant-in-Aid.]

(ii)     If the date of superannuation of a teacher falls during the academic year, after 1st October of the year, the period of the service of the teacher may be extended up to the end of the academic year.

(iii)    The service of a temporary employee may be terminated by the management at any time without assigning any reason and without giving any prior notice. Such a condition should always be incorporated in the appointment order.

(d)     Permanent employees who wish to resign should give three months' notice in advance or in lieu thereof pay to the management three months' salary. Their resignation may be accepted only after the conditions of this rule are satisfied.

(e)     (i) The services of a permanent employee may be terminated on the grounds of insubordination, inefficiency, neglect of duty, misconduct, normal deliquency or for any other cause or causes which make the employee unsuitable for retention in service. No teacher shall be removed from service by the management of an aided school except with the previous approval of the concerned Deputy Director of Public Instruction of the district. Before such termination is made, due enquiry shall be made by an Enquiry Committee appointed for the purpose. The management shall frame charges against the delinquent concerned and serve them on him together with show-cause notice as to why disciplinary action should not be taken against him. The delinquent concerned shall answer the charges framed against him within such time as may be permitted by the show-cause notice and submit his explanation to the management within such date. He may also indicate, if he wishes to be heard in person. He shall be bound to appear and answer any question relevant to any of the charges levelled against him. In case the employee, does not present himself before the Enquiry Committee after due notice, ex parte decision shall be given which shall be binding on the employee.......(2).

(ii) The Enquiry Committee shall consist of three persons, two of whom shall be persons nominated by the management and the third, the Head of Training Institute (Training College or School) appointed by the Deputy Director. One of the nominees on behalf of the management shall be representative of the teachers.

(iii) If after such enquiry, the decision of the Enquiry Committee is to the effect that it is undesirable to continue him in service, the services of the employee may be terminated forthwith, without any notice.

(iv) If, as a result of enquiry held under this rule, the employee is exonerated and reinstated, the entire period of suspension shall be treated as time spent on duty and claims to pay and allowances admitted accordingly.

(v) If the Enquiry Committee comes to the conclusion, that the case does not warrant the termination of service of the employee and directs that the employee may be reinstated, with some measure of punishment they shall pass an order accordingly. Such an order shall indicate.-

(1)     the nature and extent of punishment which should be imposed on the employee;

(2)     the quantum of pay and allowances payable for the period of suspension;

(3)     all claims arising out of a decision of a duly constituted Enquiry Committee approved by the Department, shall form part of the authorised cost of maintenance.

Rule - 47.

(a)     It shall be competent for the management to suspend an employee during the course of the enquiry. The teacher shall be given subsistence allowance on a scale not exceeding the scale admissible to employees in Government Institutions, during the period of suspension, the cost thereof being included under the authorised cost of maintenance.

(b)     In all cases of termination of services after enquiry, the findings of the enquiry and the reasons for termination shall be recorded. A copy, thereof, shall be sent within a week to the Inspecting Officer by registered post acknowledgement due and also to the permanent address of the employee.

(c)     The employee of the management concerned shall be at liberty to make an appeal to the Deputy Director of Public Instruction of the District against any order passed under Rule 46(c) provided that such an appeal is preferred within thirty days from the date of communication of the original order. The Deputy Director of Public Instruction shall ordinarily pass orders on the appeal within sixty days from the date of receipt of such an appeal. A second appeal shall lie to the Joint Director of Public Instruction of the Divisions concerned within thirty days from the date of receipt of such an appeal. A second appeal shall lie to the Joint Director of Public Instruction of the Division concerned within thirty days from the date of receipt of the decision of the district Deputy Director of Public Instruction. The decision of the Second Appellate Authority shall be final. This decision shall be binding both on the management and on the employee.

(d)     The Government or any Officer authorised by it may at any time call upon the managements to hold an enquiry against any employee and take action as indicated in the previous rules. The employee concerned will be given an opportunity to defend himself/herself as provided in the previous rules. Notwithstanding anything stated above, the Department shall have power to call for the records, if necessary, and pass such orders as it deems fit.

Rule - 48. Private Tuition.-

(a)     Heads of Educational Institutions shall not undertake any private tuition. They may however undertake part-time educational work in private institutions with the permission of the management of their own institutions.

(b)     Every employee shall obtain the previous permission of the Head of the Institution before he/she undertakes any private tuition. He/she shall submit a statement to the Head of the Institution, showing the names of the pupils to whom he/she has been giving tuition. The period for which he/she is giving tuition each day, the standards in which they are studying and the amount of remuneration received. The number of tuitions undertaken by a teacher shall not exceed two, the number of pupils shall not exceed five in all and the hours of tuition shall not exceed two hours per day.

(c)     No tutor shall be allowed to conduct directly or indirectly to work in any coaching classes, on a remuneration basis to prepare pupils for the internal or external examination conducted by the Department. When the number of pupils taking private tuition from a teacher exceeds five, it shall be deemed to be a coaching class.

(d)     The Head of the institution concerned shall maintain a register showing the particulars of permission granted under sub-rule (b). This register shall be signed by the teacher concerned. He shall furnish this information to the Inspecting Authority at the time of inspection, whenever required.

(e)     Any infringement of the rules under this rule, either on the part of the employee or the Head of the Institution shall render him liable for disciplinary action.

Rule - 49. Private work.-

No employee shall undertake any trade or business or other employment without obtaining the previous permission of the management.

Rule - 50. Extra-curricular activities.-

Employees may also be required to participate in all co-curricular activities of the Institution including Social Education whenever they are so called upon to participate in such activities.

Rule - 51. Items of work and attendance.-

(i)      All full time employees shall be present in the premises of the Institution during the working hours except during the daily recess. Part-time employees shall attend to their duties in the Institution during the periods allotted to them in the time-table.

(ii)     There should be a fair and equitable distribution of work among all the teachers as far as possible.

(iii)    The Headmaster shall take up teaching work which shall not be less than 50% of the normal teaching work done by a teacher.

Rule - 52. Submission of representation.-

All representations made by the employee of the Institution either to the management or to the Department shall pass through the Head of the Institution. If no reply is received within a period of two months he/she/they may address the management or authorities of Department concerned direct.

Rule - 53. Staff not to engage in political activities.-

The members of staff of aided recognised or unaided recognised institutions shall not engage themselves in political activities of any kind. Any teacher desirous of participating in any political activity or desirous of contesting for any election to the State Legislative Assembly, Legislative Council, Lok Sabha, Rajya Sabha, Taluk Board, Municipal Council or Corporation or any other local body, shall be required to sever his connection with the school concerned. No Grant-in-Aid shall be admissible in respect of services, if any, rendered by such teachers.

Rule - 54. Transfer of teachers from one Educational Institution to another Educational Institution.-

When a teacher already in service in one Educational Institution is transferred to some other Educational Institution under the same management, his previous service shall count. When a teacher of one Educational Institution is transferred to another Educational Institution under a different management in the State, the salary that he was drawing in the previous Institution in a regular post and not temporary post may be taken into consideration for calculation of grants provided previous permission of the Deputy Director of the District has been obtained for such transfer. The Deputy Director shall accord such permission after examining the details such as service, salary paid by the previous management as per prescribed rules and any other aspect which may be worthy of consideration.

CHAPTER VII MISCELLANEOUS

Rule - 55. Fees in Primary Schools.-

(a)     No fees of any type shall be levied on pupils coming under the Primary Education Rules. For others, no fees need be charged in the first year of study in any standard. For repeaters, not coming under Primary Education Rules, tuition fees may be charged as prescribed from time to time and miscellaneous fees may be charged for all not covered by Primary Education Rules. Fees in unaided Schools may be allowed with the approval of the Government.

(b)     (i) Admission and readmission fees in each case shall be charged in all schools at the rates prevailing in Government Institutions.

(ii) Medical Inspection fees of 0-50 p. per annum per pupil shall be collected in the school. Where medical inspection is introduced, the medical inspection fees shall be earmarked for medical inspection in accordance with the rules for the conduct of Medical Examination as prescribed by the department. A separate account shall be maintained for the purpose by the management. Doctors for this purpose may be appointed by the management.

Rule - 56. Sports and Reading Room Fees.-

The Sports and Reading Room Fees at the rate of Rs. 2, Re. 1 respectively per annum per pupil shall be collected from the pupil studying in Standards V to VII. The sports and reading room funds shall be earmarked for these purposes and deposited in a Scheduled Bank, Savings Bank Account at a Government Treasury or a Post Office.

Rule - 57.

Audio-Visual Education fees at the rate of 0-75 paise per annum per pupil shall be collected in schools that come under the Audio-Visual Education Scheme, i.e., V to VII Standards and the amount so collected shall be credited to a separate S.B. Account and expenditure incurred therefrom.

Rule - 58. The schools may also levy the following fees with the previous permission of the concerned District Officer.-

1.       Association/Union Fees

2.       Magazine Fees

3.       Examination Fees for printing of question papers.

The above fees shall be accounted for separately, in a register maintained for this purpose.

APPENDIX I

[See Rule 15(9)]

List of Account Books, Registers and the periods for which they have to be maintained

1.       Cash Book and Abstract cash ledger (Permanent).

2.       Acquittance roll (Permanent).

3.       Register of contingent charges (5 years).

4.       Register of stock articles including sports articles (Permanent).

5.       Attendance register of staff.

6.       Admission Register (Permanent).

7.       Register of fees collected (5 years).

8.       Accountant Register of Sports and Reading Room funds (5 years).

9.       Library Accession Register (Permanent).

10.     Order books of appointments, grant of leave, etc., of staff (Permanent).

11.     Cash receipt book (5 years).

12.     Any other Registers prescribed by the Department.