The Manipur School Education Act, 1979

Manipur · state statute
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A
5H!. TEEMANIPUR SCHOOL EDUCATION BEL, 1979 7
A; passed t’s’y‘the Legisi'ative Assembly, Manipur on 11-4-79)
 
to provide for better organisation and development of school
education in Manipur State and for matters connected there-
'EIIHE MANIPUR SCHOOL EDUCATION BILL, 1979
A
" BILL
with or incidental thereto.
BE it enacted by the Legislature of Manipur in the Thirtieth
‘Year of the Republic of India as followed:
1.
CHAPTER I
PRELIMINARY
(1) This Act may be Called the Manipur Education Act, 1979.
(2) It extends to the whole of Manipur State.
(3) It shall come into force on such date as the Government
may, by notiﬁcation, appoint and different dates may be appointed
{91‘ different provisions of this Act,
‘éommencement of this Act in relation to any provision thereof
s_hall bé constmed as a reference to .the date on which that
‘provision comes into force.
2. In this Act, unless the context otherwise requires :—
(a) “Government” means the Government of Manipur;
_(b) "Advisory Board” means the Board constituted under
section 22 ;
(c) "aid” means any aid granted to‘ a recognised school by'
the Government of Manipur, a locaﬂ authority desig—
nated by the Government, or a local authority;
(d) “aided school” means a recognised private school
which is receiving aid in the form of maintenance
grant from the Government, or local authority or any
other authority designated by the Government, or a
local authority ;
(e) “appropriate authority” means—
(i) in case of a school recognised or to be recognised
. by an authority designated or sponsored by the
Central Government, that authority;
and any reference to the
Short title.
extent and
commence-
ment.
Deﬁnitions.
 
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4,“
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44
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2
(ii) in the case of school recognised or to be recognisedby the Government or any other ofﬁcer authorised
by him in this behaﬂf ;
(iii) in thencase of a school recognised or to be recog- ,nised by the Imphal Municipal Board, thatMunicipal Board; .,
(iv) in the case of any other school, the Governmentor any other ofﬁcer authorised by the Government
in this behaﬂf ;
(v) Board of Secondary Education, Manipur for thepurpose of Schools, recognised by it;
(f) “State” means the State of Manipur;
(g) “Director” means the Director of Education, Manipur,and includes any other ofﬁcer, authorised by theGovernment to perform all or any of the functions ofthe Director under this Act ;
(h) “employee” means a teacher and includes every otheremployee working in a recognised school;
(i). “existing employee” means an employee of an existing. school who is employed in such school immediatelybefore the commencement of this Act, and includesan employee who was employed in such school for aperiod of not less than twelve months immediately-preceding the lst January, 1979;
(j) "existing school” means a recognised private schoolwhich is in existence at the commencement of thisAct ;
(k) “Head of school” means the principal academic ofﬁcer,by whatever named called, of a recognised school;
(1) “Local authority” means ;—
(i) in relation to an area within the local limits of Ithe Imphal Municipal Board, that MunicipalBoard;
(m). “manager”, in relation to a school, means the person,by whatever name called, who__is7 entrusted, either onthe date on which this Act "come: into force or, asthe case may be, under a scheme of management madeunder section 5, with the management ofxthe affairsof that school; ‘ . _ _ ‘
(n) ,Ehhanagingicorrinﬁttee’?‘lmeans :thei‘brody of individuals‘whonare: entrustedzawith the management of anyrecognised private school;
(0)
(p)
(q)
(r)
(S)
(t)
(u)
(V)
3
“minority school” means a school established and
administered by a minority having the right to do so
under clause (1) of article 30 of the Constitution;
“notiﬁcation” mean‘3“a notiﬁcation published in the
Ofﬁciafl Gazette;
"prescribed” means prescribed by rules made under
this Act;
“private schoo ” means a school which is not run by
the Government, a local authority or any other autho-
rity designated or sponsored by the Government, or
a local authority;
“public examination” means an examination conducted
by the Board of Secondary Education, Manipur which
may hereafter be established for the purpose, and
recognised by the State Government or any other
ofﬁcer authorised by it in this behalf ;
“recognised school” means a school recognised by the
appropriate authority;
"school” includes a pre-primary, primary, middle and
higher secondary school, and also includes any other
institution which imparts education or training below
the degree level, but does not include an institution
which imparts technical education;
“school property” means all movable and immovable
property belonging to, or in the possession of, the
school and all other rights and interests in, or
arising out of, such property, and includes land,
building and its appurtenances, playgrounds, hostels,
furniture, books, apparatus, maps, equipments, uten-
sils, ' cash, reserve funds, investments and bank
balances; -
(w) “teacher” includes the Head of a schdol';
(X) “unaided minority schoo ” means a recognised mino—
rity school which does not receive any aid. ,
Power of
Adminis-
trator to
regulate
education
Inschools.
Recognition
of schools.
CHAPTER (III
ESTABLISHMENT RECOGNITION. MANAGEMENT OF,
' ‘ AND AID TO, SCHOOLS
3. (1) The Government may regulate education in all the
Schools in Manipur in accordance with the provisions of this Act
and may, for this purposes, supersede, amend or modify any
decision of the Board of Secondary Education, Manipur, in
accordance with the provision of this Act and ruﬂes made there-
under.
(2) The Government may establish and maintain any school in
Manipuror may permit any person or local authority to establish
andmaintain any school in Manipur, subject to compliance with the
provisions of this Act and the rules made thereunder, save and
except in the case of schools or educational institutions run by or;
on behalf of the Central Government or by the authority thereof
, (3) On and from the commencement of this Act and subject;
to the provisions of clause (1) of article 30 of the Constitution, the
establishment of a new school or the opening of a higher class or
the closing down of an existing class in any existing school in
Manipur shall be subject to the provisions of this Act and the rules
made thereunder and any school or higher class established or
Opened otherwise than in accordance with the provisions of this
Act shall not be recognised by the appropriate authority.
4. _(1) rTheappropriate authority may, on an application made
to it in the prescribed form and in the prescribed manner, recognise
any private school: .
Provided that no school shall be recognised unless—
(a) it has adequate funds to ensure its ﬁnancial stability
and regular payment of salary and allowances to its
employees;
(b) it has a duly approved scheme of management as
required by section 5;
(c)~ it has suitable or adequate accommodation and sani-
‘ tary facilities having regard, among other factors, to
the number, age and sex of the pupils attending it;
((1) it provides for approved courses of study and
efﬁcient instruction;
(e) it has teachers with prescribed qualiﬁcations; and
(f) it has the prescribed facilities for physical education,
library service, laboratory work, workshop practice
or co-curricular activities.
5
, (2) Every application for recognition of a school shall be
entertained and considered by the appropriate authority and the
decision thereon shall be communicated to the applicant within a
period of four months from the date of the receipt of the applica—
tion; and where recognition isﬂngt granted, the reasons for not
granting such recognition shall also be commnnicated to the
applicant within the said period. _ ., . .
(3) Where recognition to a school is refused, any person
aggrieved by such refusal may, within thirty days from the date
of communication to him, of such refusal appeal against such
' refusal appea1,against such refusal, in the prescribed manner, to
the prescribed authority and the decision of the prescribed authority
thereon sham be ﬁnal: V
Providedhthat the prescribed authority may, if it is satisﬁed
that the appellant'was prevented by sufﬁcient cause from pre—
ferring the appeal within the said period of thirty days, extend,
ior reasons to be recorded by it in writing, the said period bya
ﬁarther period of sixty days. p p ,
7 (4) Where the managing committee of a school obtains
trecognition by fraud, misrepresentation or suppression of material
particulars, or where, after obtaining recognitibn, the school fails
to continue to comply with any of the conditions spéciﬁed in the
provision to sub-section (1), the authority granting the recognition
may, after giving the managing committee of the school a rea—
sonable opportunity to show cause as' to why the recognition
granted to such school under shb—section (1) should not be with_‘-
drawn,w1thdraWn the recognition. .1 1' * _3 '
(5) The recognition granted under sub-section(1)shall hat,
by itself,entit1e any school to receiVe aid. ‘
§— (6) Every existing school shall be deemed to: havebeen
recognised under this section and shall be subject to the provision$
of this Act and the rules made thereunder: .
g ‘ Provided that where any such school doesnotsatisfy any of
the conditions speciﬁed in the proviso to sub—section (1), the pres—
cribed authority may require the school to satisfy such conditions
and: such other conditions as may be prescribed, within aspeciﬁed
period and if any such condition is not satisﬁed, recognitionmay
be withdrawn from such school. , ,
T (7) Every sch'001,whose recognition is withdraiam 11nder
sub-section (4) or, sub-section (6), may appeal to the prescribed
authority, who shalldispose of the appeal within six months from
the date- of presentation of the appeal in such manner as may be (a
prescribed, and iftheappealis not disposed of ~withi11 that period,
the order for the disposed of Within that period, the order_for the
withdravsial of recognition shall, on the expiry of the said period
of six months, stand cancelled. .
(8) On hearing an appeal preferred under sub-Sect'rén
sub-section (.7),the prescribed authority may, aftei" gi
   
6
Eppeﬁant a reasonabTe opportunity of being heard, conﬁm
medify or reverse the order appealed against. ‘
'5. '(1) Notwithstanding anything contained in any other law
£01? thetime being in force or in any instrument having effect by
virtue of any such law, the managing committee oi every recog—
_ nised school shall make, in accordance With the rules made under
this Act and with the previous approval of the appropriate
' authority, a scheme of management for such school:
° Provided that in the case of a recognised private school which
.. 3: does not receive any aid, the scheme of. management shall apply
' f with such variations and modiﬁcations as may be prescribed:
oProyided further that so much (if this sub—section as relates
to the previous approval of the-appropriate authority, shall not
L apply to a scheme of management for an unaided minority school.
(2.) A scheme may be made, in like manner, to add, to vary
or modify any scheme made under sub-section (1).
6. (1) The Government may, subject to such cbnditions
as may be prescribed, give grant—in-aid to recognised private
schools, not beihg primary schools recognised by. a local authority;
such sums of money as that Gweminent may consider necesSary:
Provided that no existing school receiving, (immediately.- before
the commencement. of this Act, raid shat]. Be eligible for the. com
tinuance of such aid unless it complies, within such period as may
bespeciﬁed by the Director. withthe conditions speciﬁed in the
previs'o t’o sub-‘sectiun (1) of sectiq‘ﬁ 4‘.
(2) The "nuﬂidtity cornpeteiﬁ to grant ﬂteaﬁmey Step, reduce
es mpend éitt fer vielatiOn of any of me éondiﬁané prescnﬁéa
in this behalf. /
(3) The air! may cover 11th part of the expendi’hire of the
m131 hey be premiseda
(41) Ne payment, E1111: ef- the em $1661:11;: Salary}gum
and prevﬁim 111mlJ eﬁ einﬁlbyées 0f the school shalt be iiaaée hit
any other purpose.
(5) N6 aid shall be given to a echoql}the mahegement of
whieh he‘s been taken evef tiﬁde'r section 26.
(8) No uhﬁeebghieédf school shall hediﬁbléiii receive 311?
11131 6!333} bénéiitnié‘dé 3153131319 to' private séﬁéols _93the vaéi‘ﬁi-
thin? or ah? 21393101} 6% theGovernment .
CHAPTER I11."
semen mares“
'7. (1) The management of every aided school shah furnish School
to the appropriate authority, initially, at the time of grant of aid; property
and thereafter annually, a statement containing a list of school
property together with such particulars as may be prescribed.
(2) Notwithstanding anything contained in any other law for
the time being in force, no. transfer, mortgage or lease ,of- any
movable or immovable property of an aided school, not being the
property speciﬁed in the rules, shall be made except With the
previous permission of the appropriate authority:
Provided that where the appropriate authority omits or fails
to dispose of the application for such permission Within sixty days
from the date of receipt of the application in this behalf, the per—_
mission shall, on the expiry of the said period of sixty days, he
(ieemed to have been granted.
. ’(3) Any person aggrieved by the; ggantr-pr [refusal .ofvper-
mssienunder sub—section (2) may pnefer, in such fomi- and within
sad: timeas may beﬁrescribed, eppeaﬂ tothe Govemment against
'such grant or refusal of permission and the decisibn of the
Government thereon shaJl be ﬁnal.
(A!) Anytrah’s‘aetifm made in contravention oi thegrevmohsdﬁ
suksect‘ion (2), or, as the case may be, decisi’an- of theGGVe-rnment
shall be void.
CHAPTER IV
=‘ "Nsosseemcnenmmtmsm
mmmn PRIVAIE scﬁnoLs
  
, 8: (II The Girvemment may make rules iegulaﬁngthe mini-nanditig?
'qualiﬁcations fer reermhmmt ahﬂthé Conditions at Servit'te,3nf
bf ivat’e séﬁébls. f 1
Provided thét name!- the sal'aﬁy nor the rights in mm.(if; 331::
leaye of éb‘s’e‘s‘ee,ageat retirement and 'pénsm’n as am en‘mimhee hit
the em , yment of 613 emscheol gt thecomamanent of
thisZE‘T' shear he vaneé tab the mdvantams of ﬂies emtiiayeezs
- Pnoyided further that every Such emphyeeShall Be: entitled
ts,opts»: teem; andscondmpna9f.We as they wiére applicaﬁitto him immediately Before the commencement of this Act. _
 
 
Employees
to he go-
- verned by
a Code of
Conduct.
Salaries of
employees.
8
(2) Subjectto any rule that may be madein this behalf, no em-
ployees of a recognised private school shall bedismissed, removed
or reduced in rank nor shall his service be otherwise terminated
except With the prior approval of the Director.
(3) Any employee“ of a recognised private school who is
dismissed, removed or reduced in rank may, within three months
from the date of communication to him of the order of such
dismissal, removal or reduction in rank, appeal against such order
to the Tribunal constituted under Section 11.
A (4) Where the managing committee of a recognised private
school intends to suspend any of its employees, such intention shall
be communicated to the Director and no such suspension shall be
made except with the prior approval of the Director: -
Provided that the managing committee may suspend an
employee With immediate effect and without the prior approval of
the Director if it is satisﬁed that such immediate suspension . «
necessary by- reason of the gross misconduct, Miithin the meﬁ ' _
of the Code of Conduct prescribed under Seetion 9, of 3"?)
employees: . ‘ _‘a
'" Provided further that no such immediate" suspension' shall
remaui in force for more than a'period of ﬁfteen days from the7
date of suspension unless it has been communicated to the Director
and approved by him before the expiry of the said period.
(5) Where the intention to suspend, or the immediate suspen-
sion of, an employee is communicated to the Director, he may, if
he is satisfied that there-are adequate and reasonable grounds for‘
such suspension, accord his approval to such suspension: : ,1 v
    
9. Every employee of a recOgnised school shall be governed
by such Code of Conduct as may be prescribed and on the violation
of any provision of such Code of Conduct, the employee shall be
liable to such disciplinary action as may be prescribed
10. (1) The scales ofpay and allowances, medical facilities,
pension, gratuity, provident fund and other prescribed beneﬁts of
the employees of a recognised private School shall not be 1eSs than
those of the employees of the corresponding status in schools run
by the appropriate authority:
Provided that where the scale of payand allowances, medical
facilities, pension, gratuity, provident fund and otherprescribed
beneﬁts of the employees Qf any recognised private School are less
than those of the empleyees of the corresponding status in the
schools run by the appropriate authority, the apptopriate authority
shall direct, in Writing, the managing committee of.sueh school to
bring the same up to the level of those 9f the employees of the
- corresponding statusin schools run by the appropriate authority:
Provided further that the failure tocomply with such direction
shall be deemed to be non-comphance with the cond1t1ons for
contimiing recognitionof an existing schooland the prowsionsof
Section 4 shamapplyaccordmgly '
i gt
9
(2) The managing committee of every aided school shall
depOsit, every month, its share towards pay and allowances, medical
facilities, pension, gratuity, provident fund and other prescribed
beneﬁts with the Government and the Government shall disburse, or
cause 'to be disbursed, withinihe ﬁrst week of every month the
salaries and allowances to the employees of the aided schools.
11, (17)» The Government shall, by notiﬁcation, constitute a
Tiibunal, to be known as the “Manipur School Tribunal”, consisting
of one person:
99 (2) If any, vacancy, other than a temporary absence, occurs
in the ofﬁce of the presiding ofﬁcer of the Tribunaﬂ, the Government
shall appoint another person, in accordance with the provisions of
this section, to ﬁll the vacancy and the proceedings may be conti-
nixed before the Tribunal from the stage at which the vacancy is
ﬁlled.
:9], (3) The Government shall make available to the Tribunal such
as may be necessary in the discharge of its functions under
I this Act.
5"!”
(4) ‘All expenses incurred in connection with the Tribunal
shall be defrayed rout of the Consolidated Fund of Manipur.
(‘5) The Tribunal shall have power to regulate its own pro-
cedure in all matters arising out of the discharge of its functions
including the places at which it should hold it sittings.
(6) TheTribunal, shall, for the purpose of disposai of an
appeal preferred under this Act, have the same powers as are
vested in a court of appeal by the Code of Civil Procedure, 1908
and shall also haVe the power to stay the operation of the order
appealed against on such terms as it may think ﬁt“
12. Nothing contained in this Chapter shall apply to an
unaided minority school. ' '
Tribunal.
a CHAPTERV"PROVISIONS APMCABLE- TOA UNAIDED: MINORITY _ ‘SCHOOLS ’ , “
Pom}? 13' The Govermnent mayhmake rules regulating the mminmmmaimum qualiﬁcations for, and method of, recruitment Of employees, of'r
qmﬁﬂca- unaided minority schools:
tionsfor ’ V V
"c’u‘tmem' ‘ Provided that no qualiﬁcation shall be varied: to the ; dis,- '7
advantage of an existing employee of an unaided minority school.
Power to . . . 1p ‘be 14. Every employee of an unalded mlnorlty school shall beCode of governed by such Code of Conduct as may be prescribed.
Conduct.
€011ng of V ’15. (1) The managing committee ,of evet'y gnaidedfminoliie’tyr‘ ‘”Vlce- school‘ shall enter into a written contract of service With everyemployee of such school:
iProvided that if, at thercommenc’ement of this' Act, there is\ no written contract of service in relation to any existing employeeof an unaided minority school, the managing committee of suchschool shall enter into such contract within aperidd of three menthsfrom such commencement: '
Provided further that no contract referredeto injhe foregoingproviso shall vary to the disadvantage of_ any existing employeethe term of any contract subsisting at the commencement Of this
Act between him and the school managing committee.
/
(2) A copy of every contract of. service referred to in sub—section (I)”sha11 be forwarded by the managingcornmittee {of the-concerned unaided minority school to the GOVéfﬁr-he’nt 'Who'shall,¥on
receipt of such copy, register it in such manner as may be pres-‘ cribed.
(3) Every contract of service referred to in sub—section (1)shall provide for the following matters, namely :—
(a) the terms and conditions of services of the employee,
including the scale of pay and. othe allowances to
which he shall be entitled; ‘
(b) the leave of absence, age of retirement, pensiOn and
gratuity, or, contributory provident fund in lieu of
pension and gratuity, and medical and otherbeneﬁts
to which thevemployee shall be entitled;
(c) the penalties which may be imposed on the employee
7 for the violation of any Code of Conduct or the breach
of any term of the contract entered into by him;
11
(d) the manner in which diserphnaryproceedings in rela-/_
‘tion’ to the emponéeshall be ébhdu‘ctieaaha tﬁﬁprocedure Which shall befolFO’Wed befOre anyem;
ployee is dismissed, removed from serVIce or tech
-. in rank; > $6111.. , _ "“3?
(e) arbitration of any dispute arising out of anyybbreach’o‘fﬁ
contract between the employees and thenrmanaging'
committee with regard to—— ' ' V . 7 ‘
(i) the scales of pay and other allowances,
(ii) leave of absence, age of retirement, pension, gra-
tuity, provident fund, medical and other beneﬁts,
(iii) any disciplinary action leading to the dismissal or
removal from serviCe or reduction in rank of the
employee;
(f) any other matter which, in the opinion of-the mana-
ging committee, ought to be, or may be, speciﬁed in
such contract. ' .
CHAPTER VI
ADMISSION T0 SCHOOLS AND FEES
16. (1) A child who has not attained the agerbf ﬁyé'ryeafE,“
shall not be admitted to class I, or an equivalent class or any class
higher than class 121’} a recognised schooI.
(2) A student seeking admission for the "ﬁrst'tinié i113;
recognised school in a class higherthan class I shall not be admitted
to that class if his age reduced by the number of years of normal
school study between that class and cIassI oranequivalent class
falls short of ﬁve years.
(3) Admission to a recognised school or to any class thereof
shall be reguIated by rules made in this behalf -* ,
17 (1) No aided school shall levy anyfee orcolIeet any
other charge or receive any other payment except those spetnﬁeﬂ:
by the Government.
(2) Every aided school having different rates of fees or other
charges or different innds Shall Obtainprior approval of the pres—
cribed authority before levying such fees or cOlIeoting such charges?
or creating such funds.
H"
to mate
ed moi.
Fail m
othor
chat!!!»
Schools
F nd
12'
(3) -The manager of every recognised school shall, before the
commencement of each academic session, ﬁle with the Government
hill statement of the fees to be levied by such school during the 1
ensuing academic session, and except with the prior approval of
the Government, nqﬁnch school shall charge, during that academic
session, any fee in excess of the fee speciﬁed by its manager inthe
said statement.
18. (1) In every aided school, there shall be a ﬂund, to be
called the "School Fund”, and there shall be credited thereto—
(a) any aid granted by the Government,
(b) income accruing to the school by way of fees, charges
. or other payments, and
(c) any other contributions, endowments and the like.
. ' (2) The School Fund and all other funds, including the Pupils’
Fund, established with the approval of the Government, shall be
accounted for and operated in accordance with the rules made
under this Act.
I (3) In every recognised unaided school, there shall be a fund,
to be called the "Recognised Unaided School Fund”, and there
shall be credited thereto income accruing to the schools by way
of—
(a\ fees,
(b) any charges and payments which may be realised by
' the school for other speciﬁc purposes, and
(c) any other contributions endowments, gifts and the like.
(4) (a) Income derived by unaided schools by way of fees
shall be utilised only for such educational purposes as may be
prescribed; and ’
(b) Charges and payments realised and all other contributions,
endowments and gifts received by the school shall be’ utilised only
for the speciﬁc purpose for which they were realised or received.
(5) The managing committee of every recognised ’ private
school shall ﬁle every year with the Director such duly audited
ﬁnancial and other’ returns as may be prescribed and every such.
return shall be audited by such authority as may be prescribed.
19. (1) For the purpose of any public examination every
recognised higher secondary school shall be afﬁliated to one or
more of the Boards or Council conducting such examination and
hall fulﬁl the conditions speciﬁed by the Board or Council inthis
1ehalf.
(2) The students of recognised higher secondary schools shall
be, prepared for, and presented to the public examination or such
ether form of evaluation held or made for the students of such
schools. 4 .
13
(3) The students of every recognised middle school shall be
a ~1ar,.amtmesez1ted.,tm such public egaminatiOn as maybe
$32: tha:'Dﬂectht§te thiEdilcatihn,,-Manipur fer the students 915
(4) Every student of a**r§ébgnised primary school shall be
re ted for, and- presented to, the public examination held by agcfauthority competent to hold such examination for the studentsoi} stich‘ schools. » ' '
  
CHAPTER VII
TAKING OVER THE MANAGEMENT OF SCHOOLS
21L (1) Whenever the Governmentissatisﬁed that the managing
committee ()1: manager of any school, whether recognised or not,158's ”neglected to perform any of the duties imposed on it by orunder this Act or any rule made thereunder and that it is expe-dient in the interests of school, education to take. over themanagement of‘s'uch school, it may, after giving the managingéom'mittee or the manager of such School, a reasonable; opportunity
of showing cause against the proposed action, take over themanagement of such school for a limited period ,not exceedingthree years: '
Providedfthfat where the management of a school has been takenover for a period Of'three years or less, the Government may, if itis of opinion‘that inorder to secure proper management of thes’éhOol it”is" expedient that such management should continue toWin force after? the expiry of the said' limited period, it may,from time to time, issue directions for the continuance of suchmanagement for such period not exceeding one year at a time asitCmayithink ﬁt, so, however, that the total period for which suchmanagement is taken over shall not, in any case, exceed ﬁve years.
(2) Whenever the management of any school is taken overunder sub—section (1), every person in charge of the managementof such school immediately before its management is taken over,shall deliver possession of the school property to the Government or
any ofﬁcer authorised by it in this behalf.
(3) After taking over the management of any school underthis section, the Government may arrange to manage the schoolthrough the Director or any other person authorised by the Direc—
tor in this behalf hereinafter referred to as the “authorised ofﬁcer”.
(4) Where the (management of any school has been takenover under sub-section (1), the managing committee or manager ofsuch school may, within three months from the date of taking over,
appeal to the Government, which may after considering the repre-sentation made by the managing committee or the manager, pass
Taking' cv-
the
men! of
schools.
Section 80
net to apply
to Iu'nority
schools,
14
such orders, including an orderior the restoration 01 the management
or for the reduction of the 'period during which the management.
01 such school shall remain vested in the Government, as. he may
deem ﬁt. W
(5) Where the management of a school has been taken over
under this section, the Government shall pay such rent as may be
payable for the building of the school to the person entitled to
receive it as was being paid by the managing committee or the
manager immediately before the management of such school was
taken over.
(6) During such period as any school remains under the
management of the authorised ofﬁcer—
(a) the service conditions, as approved by the Government,
of the employees of the school who were in employ-
ment immediately before the date on which the
management was taken over, shall not be varied to
their disadvantage;
(b) all educational facilities which the school had been
affording immediately before such management was
taken over, shall continue to be afforded;
(c) the School Fund, the Pupils’ Fund and the Manage-
ment Fund and any other existing fund shall continue
to be available to the authorised ofﬁcer for being
spent for the purpose of the school; and
((1) no resolution passed at any meeting of the managing
committee of such school shall be given effect to unless
approved by the Government.
21. Nothing contained in section 20 shall apply to any:
minority school. 7
CHAPTER VIII
MISCEiEANEOUS
22. (1) There shall be an Advisory Board for school eduoa- Manipu-
tion, to be called the “Manipur School Education Advisory Boar " 5011001!
for thepurpose of advising the Government on matters of policy 3m“
relating to education in Manipur. ' ' Board.
(2) The Advisory Board shall be constituted by the Government
and shall consist of a Chairman and fourteen other members, to
be nominated by the Government.
(3) The Advisory Board constituted under sub—section (Q)
shall include—
(a) heads of recognised private schools—Z;
(b) representatives of the organisations of teachers of the
recognised private schooIs—Z;
{c} managers of the recognised private schools—2;
{6.) representatives of parents or guardians of students of
recognised private schools—3; ’
7+3; eminent educationists-42 and
(f) 3 members of the Legislative Assembly.
(4) The Advisory Board shall regulate its own procedure.
(5) The terms of ofﬁce of every member of the Board and
travelling and other allowances payable to a member of the Board
shall be such as may be prescribed by the Government.
23. (1) The Government may delegate all or any of its powers, Delegation
duties and functions under this Act to the Director or any other 0‘ Dower!-
ofﬁcer. ’
' “(2) Every person to whom any power is delegated under
sub-section (1),, may exercise that power in the same manner and
with the same effect as if such power had been conferred on him
directly by this Act and not by way of delegation.
724. _'(11) Every recognised schoo1~~shall ~be finspectedarat leastrflnspectioncf
one in each ﬁnancial year in such manner as may be {m?eribe'd. 5° °°h
16'
{2) The Director may also arrange special inspection of any
311001 on such aspects of its working as may, from time to time,
Be considered necessary by him.
_ (3) The Directee—may give directions to the manager requiring
the manager to rectify any defect or deﬁciency found at the time
of inspection or otherwise in the working of the school.
V If the manager fails to comply with any direction given
gndeifsubésection (3), the Director may, after considering the
ﬁplanation or report, if— any, given or made by the manager, take
such action as he may think ﬁt, including—
(a) stoppage of aid,
(b), withdrawal of recognition, or
‘(c) except in the caSe of a minority school, taking over of
the school under section 20. '
{0:“Ei'if‘c‘ig 25. No civil court shall have jurisdiction in respect of any
gm?“ matter in relation to which the Government or the Director or any
other person authorised by the Government or Director or any other
ofﬁcer or authority appointed or speciﬁed by or under this Act, is
empowereii by or under this Act to exercise any power, and no
injunction shall be granted by any civil court in respect of anything
which is, done or intended to be done by or— under this Act.
' Protection of '26. No suit,’ prosecution or other legal proceeding shall lie
action talgen against the Government, Director or any other person authorised by
“3°“ "‘1‘ the Government or Director for anything which is in good faith done
' orrintended to be done in pursuance of this Act or any rule made
thereunder.
liability of 27. If. the manager of_ any recognised private school—mpgato A .‘ '
Mahmom. ,
‘ (a) omits or fails, without any reaSOnable excuse, to carry
out any orders made by the Tribunal, or
(b), presents, any student for .any public examination with-
out complying with the provisions of section 19, or
(e) omits or fails to deliver any school property to the
Government or any ofﬁcer authorised by the Govern-
ment under sub—section (2) of section 20, .
he shall be punished with imprisonment for a term which may
Vegtgnd‘to three months, or. with ﬁne, which may extend to one ,
‘ " " augmp‘iees, or, With bath, ‘ It{a  
*1?
wii? a." ”fix? Qhe @611e‘rnm'ant _ may, subject it‘s 151.1er condition of PW ‘0previous publicatiom by notiﬁcatieﬁ' in the Gﬂ'iciaﬂ gazette, makerules to carry out the provisions of this Act.
Er". ﬁkmlﬂf. aﬁd'iwiﬂmt prejudice to the generalityof e forego power, such mics may previde fer all or any of ‘
the following matters, namely :—
(5)1111: manner in Iwh‘ich' edugation may be regulated by
the Gavemnent of Manipur;
(b) the conditions which every existing school shall be
required to apply; , ,
(c) establishment of a new school or the opening of ahigher dass m- the' elosing down of an existing class
in an existing school;
' (d)'the~1£6rm and manner in which an alipiication for' recognition of a school shall be made;
('6) the. Mia té‘be Wed by a» seaboi to obtain
recognition;
- (n the ma micagmd thaamaomwo which, anappealegaiaststhe refusal or withdrawal of recogni-
tion shall be made;
‘3) the ~ maimum' 'Qngliﬁcaﬁans_ .102, and method of
recruitment, and the terms and conditions of service
9f emplnyees; _ . . -
(h) the authorities to be speciﬁed for the purposes of the
diﬁersnt provisiphs 0: this Act; ,
(i) the particulars which a scheme of management shall
F%tﬂim end the mime? in Which such scheme shallbe made ;
mi warmiahsandjmoaiﬁeéaons'whiai may 1;? made in‘ ‘ ”the“ ‘Séheme of management for‘ a recegniseg $655661
which does not receive any aid; 7‘ ”
(k) thetcon’ditiona under which aid :- may be grmmdétfo~~recognised schools,.'and on .the violation of which aid
may be stopped, reduced or suspended; * .~ 1
‘ ’ (l) ‘the part ~of the expenditure 01'- 'a recognised :‘s‘ch’oolwhich is to be covered by aid‘; ‘ " " .' ' ‘
.9
18
(m) particulars of school property which should be fur-
nished to the appropriate authority;
(n) the form in which, and the time within .which, an
appeal shall be preferred to the Government againstan
order made in relation to the transfer, mortgage or
lien of any school‘ property;
(0) the Code of Conduct for the employees and the dis-
ciplinary action to be taken for the violation thereof;
(p) the beneﬁts which should be granted to the employees
of recognised private schools ;
(q) admissions to a recognised schools;
(r) fees and other charges which may be collected by an
aided school; v
(s) the manner of inspection of recognised schools;
(t) the term of ofﬁce, travelling and other allowances
payable to the members of the Advisory Board;
(u) ﬁnancial and other returns to be ﬁled by the mana-
ging committee of recognised private schools, and the
authority by which such returns shall be audited;
(v) educational purposes for which the income derived by
way of fees by recognised unaided schools be spent;
(w) manner of accounting and operation of school funds
and other funds of a recognised private school;
. (x) fees, not exceeding one rupee, for preferring any
. appeal under this Act; ~
(y) any other matter which is to be, or may be, prescribed
under this Aet; '
(3) Every. rule made under this Act shall be laid. as soon as
may be after it is made, before the Manipur Legislative Assembly
while it is in session for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and
if, before the expiry of thejsession immediately following the session
or the successive session “aforesaid, the house agree in making any
modiﬁcation in the .rule or the house agree that the rule should not
be made, the rule shalﬂ thereafter have effect only in such modiﬁed
form or be or no effect, asthe case may be ; so, however, that any
such modiﬁcation or annulment shall be without prejudice to the
validity of anything previously done under that rule.
19
Power to 29. If any 'difﬁculty arises in giving eﬁect to the provisions ofremove. this Act, the Government may, by order not inconsistent withdlﬂicumes' the provisions of this Act, remove the difﬁculty: .
Proviiled that no sueEorEier shall be mafie after the Expiry Ofa period of two years from the commencement of this Act. J
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