The Orissa Education Act, 1969

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GOVERNMENT OF ORISSA
THE ORISSA EDUCATION ACT, 1969
(As modified up to the 31st May, 1995)
[ Price—Rs, 9:00 ] LAW DEPARTMENT

 

THE ORISSA AIDED EDUCATIONAL INSTITUTIONS(APPOINT.MENT OF LECTURERS VALIDATION) ACT, 1998
TABLE OF CONTENTS
PREAMBLE
SECTIONS
1, Short title
2. Definitions
3. Validation of certain appointments.

 
 

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cus EXTRAORDINARY
PUBLISHED BY AUTHORITY
 
No. 1333 CUTTACK, SATURDAY, OCTOBER 17, 1998/ASWINA 25, 1920
eS —<  
 
LAW DEPARTMENT
NOTIFICATION
The 17th October, 1998
No, 16146 Legis.—The following Act ofthe Orissa Legislative Assembly having beea assented to
by the Governor on the 10th October, 1993 is hereby published for general information.
_ ORISSA ACT 14 OF 1998
THE ORISSA AIDED EDUCATIONAL INSTITUTIONS
(APPOINTMENT OF LECTURERS VALIDATION) ACT, 1998
AN ACT TO VALIDATE THE APPOINTMENTS OFCERTAIN LECTURERS OF AIDED
COLLEGES AND JUNIOR COLLEGES IN THE STATE.
Bz it enacted by the Legislature of the State of Orissa in the Forty-ninth
Year of the Republic of India as follows :—
Short title. 1. This Act may be called the Orissa Aided Educational Institutions
{Appointment of Lecturers Validation) Act, 1998.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a2) “aided College” means an aided educational institution whichis a
College;
(6) “aided Junior College” means anaided educational institution which
is a Junior, College;
{c) “Education Act” means the Orissa Education,Act, 1969; Orissa Act
(@) “Selection Board” means the Selection Board constituted under the
Education Act;
(e) words and expressions used but notdefined in this Act shall have the
same meaning as respectively assigned to themin the Education Act
orthe rules framed thereunder,

2
Validation 3. (J) Notwithstanding anything contained in the Education Act or in theof certain rules framed thereunder, the Lecturers ofaided Colleges and aided Junior Colleges= who have been appointed on temporary basis against approved or admissible° posts by the concerned Governing Bodies during the period between the IstJanuary, 1985 and the 3lst December, 1992 and are continuing as such, havingthe requisite qualification prescribed to hold such post andare. in payroll of theconcerned College against the said approved or admissible post, as the case maybe, shall be deemed to have been validly and regularly appointed, and no suchappointment shail be challenged in any Court of law merely onthe ground thatsuch appointment was made otherwise taan in accordance with the procedurejaid down in the Education Act or the rules framed thereunder :
Provided that the validation of the appoiatments as aforesaid shall not putPersons already appointed regularly and validly or persons who may be appointedonthe basis of the recommendation made by the Selection Board prior to thecommencement of this Act, in a disadvantageous Position in any mannerwhatsoever.
(2) The Lecturers whose appointments are so validated shall be governedbythe Orissa (Non-Government Colleges, Junior Colleges and Higher SecondarySchools) Grant-in-aid Order, 1994 for the purpose of their catitlements, but theyshall beentitled to receive grant-in-aid towards their salary cost only as per thescale ofpay admissible to a non-Government College Lecturer from timetotime,with effect fromthe date of commencement of this Act.
Explanation.—The expressions “admissible post” and “approved post” shallhave the same meaning as respectively assigned to them inthe Order referred tofn sub-section (2) of this section.
Byorder of the Governor
G. C. MOHANTY
Secretary to Government
Printed and Published by the Director, Printing, Stationery and Publication, Orissa, Cuttack-10
OGP/SBP.—Comp.21-10-1998 and Print 22-10-1998—Bx-Gaz, 947—207-+-2080

Orissa Acr 15 oF 1969
THE ORISSA EDUCATION ACT,1969
CONTENTS
PREAMBLE
SECTIONS
1. Short title, extent andcommencement
2. Actnotto apply to certain institutions
3. Definitions
4, Establishment andrecognition ofeducational institutions
5. Permission for establishment of educational institution
6. Recognition ofeducational institution
6-A. Condition for recognition
6-B. Withdrawal ofrecognition
7. Managing Committee or governing body ofeducationalinstitution
7-A. Supersession and reconstitution ofManagingCommittee or governing body
7-B. Appointment of qualified teacher
7-C. Grant-in-aid
7-D. Withdrawal ofgrant-in-aid
7-E. Prchibition of establishment and recognition ofcertain institution
7-F, Government not boundto accord permission for establishment of or recognise certain training
Schools and College.
8. Managementto send list ofproperties
9. Restriction on alienation ofproperty of aided institutions
10. Conditions ofserviceofthe staff of aided institutions
10-A, Services of teachers ofaided institutions nct to be terminated without approval
10-B. Certain institutions notentitled to aid
10-C. Constitution of commoncadre andits consequences
10-D. Government’s powertoissue orders during the period oftransition
11. Pupils strength
12. Accounts andaudits
13. Managementnottodiscontinue institution
14. Inspectionofinstitutions
15. State AdvisoryCouncil ofEducation
16. District School Board
47. Incorporation
18. Resignation ofmembefship
19. Filling up casual vacancy
20, Executive Officer of the Board
21. Functions ofthe Board
22, Board’s fund
23. Orissa Education DevelopmentFund
23-A. Recoveryof dues
24. Formation ofCo-ordination Committee
24-A. Constitution ofTribunal
25. Vacancynottoinvalidate proceedings ofthe Board
26, Indemnity
27. Powerto make rules
28, Savings
ANNEXURE I
ANNEXURE I

 
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Orissa Act 15 oF 1969
‘| THE ORISSA EDUCATIONACT,1969]
[Received the assent of the Vice-President acting as President on
the 28th May 1969, first published in an extraordinary issue of the
Orissa Gazette dated the 21st June 1969 }
AN ACT TO PROVIDE FOR THE BETTER ORGANISATION AND DEVELOPMENT
OF EDUCATIONAL INSTITUTIONS IN THE STATE
BE it enacted by the Legislature of the State of Orissa in the
Twentieth Year of the Republic ofIrcia, as follows :—
CHAPTER-I
PRELIMINARY”
Shortte 1. (1) This Act maybecelled the Orissa Fcucation Act, 1969.
ee (2) It extends to the whole ofthe State of Orissa.
(3) It shall come into force on such date as the State Govern-ment may, by *notification, appoint in that behalf.
Act notto 2. Nothing contained in this Act shall apply to educationalweeaini- institutions of their choiceestablished and administered by minoritiestutions, having the right under clause (1) of Article 30 of the Constitution:
*[Provided that the State Government may by notification applyor adapt to an educationalinstitution established and administered byminorities, such ofthe provisions of the Act, so however that the rightsunder Article 30 of the Constitution are not infringed’.
Definitions ‘[3. In this Act, unless the context otherwise requires,—
(@) “Advisory Council” means the State Advisory CouncilofEducation established under Section 15 ;
*[ (6) “Aidededucational institution’ means private educational
institution whichiseligible to, and is receiving’ grant-in-aidfrom the State Government, and includes an educational
institution which has been notified by the State Government
to receive grant-in-aid ;]
(c) “Board” méans the District School Board established undersection 16 ; ; ¢
‘@) “College” means an educetionalinstitution imparting instruc-|< tions in higher’ general education ‘leading to any degreeconferred by any of the Universities established under theOrissa Universities Act, 1989 ;
 
1, 1s For:StatementofObjects andReasons, see Orissa Gazette, extraordinary, dated the 1st July1968(No.-722) and for Report ofthe Select. Committee, see ibid, dated the 26th February 1969 (No. 550).2- Came into: force w.e.f. 15th October 1969—vide Education Department  NotificaiionNo. VEMG., 205/68-24757, dated the 15th October 1969, published in the Orissa Gazerte, datedthe 31st October 1969,Pt. Ill, P. 981.
3. Added by the Orissa Act 6 of 1984, s. 2 ‘4, Substituted bythe Orissa Act, 15 of1989, 8.2, s t5. Substituted by the Orissa Act, 13 of1994, 8. 2Xi) : a
peerereerernerer
Orissa Act5 of1989,

2
See. 3—Contd.
(e) “Director” means the Director of Higher Education, Orissa,
the Director of Elementary Education, Orissa, the Director
of Secondary Education, Orissa or the Director of the State
Council ofEducational Research and Training, as the case
may be, having jurisdiction as determined by the State
Government from time to time over the concerned educa-
tional institutions and iucludes any otherofficer not pelow
the rank of a Deputy Director who may be authorised by
the State Government from time to time py general or
special order to perform all or any of the functions and
exercise all or any ofthe powers of the Director under,this
Act as the State Government may, by notification, specify
in that behalf ;
¥f (e-]) “education circle’ means an area as the State Govern-
ment may, bynotification, declare as such for the purposes
ofthisAct ; ]
a{(f) “Educational Institution” means any College or a Junior
College or a Higher Secondary School or any other School
defined in this Act or any institution imparting technical and
professional education, special education and includes all
movable and immovable roperties of such School or
College, as the case may be ;
(g) “existing educational institution’? means an educational
jnstitution which has been recognised by the State Govern-
ment before the commencement of the Orissa Education
(Amendment) Act, 1989 and is continuing as such at such
commencement;
(A) “governing body” means any body of individuals, by what-
ever name designated, in which the management of @
College {or aJunior College or a Highet Secondary School,
as the case may be] vests ;
@“High School” means an educational institution imparting
instructions in standards or classes VIII to Xleading to the
High School Certificate Examination and may have the
standards or classes of Upper Primary School attached
to it ;
(j) “Higher Secondary School” meats an educational]institution
imparting instructions in higher secondary course as defined
in the Orissa Hie Secondary Education Act, 1982 andOrissa Act
mayhave standar
{(j-1) “Junior College” means an educationalinstitution impar-
ting instructions in Higher Secondary courses as defined in
the Orissa Higher Secondary Act, 1982; ]
(k) “Managing Committee” means any body ofindividuals, by
whatever name designated,in which the management of a
school vests ;
IrsWytheOreotof198,8. 20D
Inserted Soon,13 of 1994, 8.2. @)

“Establish-
ment and
recognition
of
educational
institutions.
 
Sec. 4
() “Upper Primary School” means an educatjonalinstitution
imparting instructions in standards or classes VI and VII
and may have the standards of Primary Schoolattached
tout;
(m) “prescribed” meansprescribed by rules ;
f(m-1) “prescribed authority”? meanstheauthority to be notified
by the State Government from time to time in the official
Gazette ;]
(#) “Primary School” means an educationalinstitution imparting
elementary standard of education comprised in standards
or classes I to V ;
(0)private educational institution’ means any educational
institution which is not established and managed by Govern-
ment of Orissa. the Union Governmentorthe Government
of any other State ;
(p) “recognised educational institution’” means any private
educational institution which is, or has beeN, recognised
?[underthis Act]
(q) “Rules” means rules made under this Act ;
(P) “Tribunal” means the Tribunal or a Tribunal, as the case
may be, constituted ‘funder section 24-A”’ ]
4[(s) “Technical and professional education” means any courses
of study in engineering, technology, architecture, mining,
fine arts, law, management, library science, or any other
subject which maybenotified by the State Government jn
this behalf ;
Explanation:—An Educational institution imparting Shastri, up-
Shastri, Madhyama and Prathama courses of Shri Jagannath Sanskrit
University shall be deemed to be a College, a Higher Secondary School/
Junior College, a High School and an Upper Primary School respec-
tively for the purposesofthis Act].
CHAPTERII
ESTABLISHMENT, MANAGEMENT AND CONTROL OF EDUCATIONAL
INSTITUTIONS
4. (1) The State Government may regulate the primary and other
stages ofeducation in Government and private educational
institutions.
(2) The State Government shall take, from timetotime, such
steps as they may coMsider necessary or expedient for the
purpose of providing facilities for general education, special
education,‘[technical and professional education] and for
training of teachers.
 
1
2.
4.vs
. Inserted by the Orissa Act 16 of 1991,s. 2 (ii)
.. Substituted bythe Orissa Act 13 of 1994,s. 2 (»)
. Added byibid,s. 2 (vi)
}. Substituted by the Orissa Act 15 of 1989, 8.3
» Inserted by the Orissa Act 13 of 1994, 8.3 (i)

4
(See. 5)
(3) The State Government may, for the purposes of Providingsuch facilities,—
(@establishand maintain educational institutions;
(6) permit any person or body of persons, to establish and
maintain educational institutions and recognise such
inStitutions when so established in accordance with the
Provisions of this Act.
(4) The prescribed authority shall communicate the orders
granting permission and recognition to the concerned
person or bodyofpersons].
(5) After the commencement of the Orissa Education (Amend-ment) Act, 1989, the establishment and recognition of any
private educational institution shall be Subject to the provi-Sions of this Act and the rules made thereunder.
(6) All existing educationalinstitutions shall be deemed to havebeen established in accordance with this Act].
2[* * * *]
Permission *[5. (1) No private educational institution which requires recogni-teatof”tion, shall be established except in accordance with the provisions ofducational this Act or the rules made thereunder,institution.
(2) Any person or body ofpersons intending to,—
(a) establish a private educationalinstitution; or
(6) open higher classes, new streams, new optional subjects,additionalsections or increase the numberof students to beadmitted or introduce Honours Courses in new subjects ina recognised private educationalinstitution; or
(c) upgrade any such institution,
may make an application to the prescribed authority within such periodand in such manner as may be prescribed for grant of permissiontherefor:
Provided that in respect of applications which were fending on thedate of commencement of the Orissa Education (Amendment) Act,1994, the arplicants shall be allowed a period ofthirty days to submitrevised applications in accordance with the provisions ofthis Act,
(3) The applicant along with the application for Permission, shallfurnish an undertaking that in the event ofpermission being granted,—
(i) adequatefinancial provisionshall be made for continued and
efficient maintenance of the institution;
(ii)the institution shall be located on the lands specified in theapplication and that such lands are located in sanitary andhealthy surroundings;
(iii) the building, playground, furniture, fixtures and other facilitiesShall be provided in accordance with the provisions of this Actand rules prescribed therefor; and
1. Substitute’ by the Orissa Act 13 of 1994 s. 3 (ii)
2. Omitted bythe Orissa Act 15 of 1989, s. 4
3. Substituted bythe Orissa Act 13 of 1994, s, 4
 

“Recognition
of educa-
tional insti-
tution.
  
Seth,
(Sec. 6)
(iv) all the requirements laid down bytheAct, the rules and orders,if any, issued thereunder shall be complied.
(4) Every such application shall be supported by an affidavitattesting the fact that all information furnished therein are true andcorrect to the best ofknowledge of the applicant.
(5) The prescribed authority shall scrutinise each application,consider the applications which are found complete in all respect andhave been made in conformity with the Act and rule made thereunderand thereafter may make such inquiry as he may deem necessary. Heshall makea report in respect of each application with his recommenda-tions which shall be placed before the Committee constituted in thisbehalf by the State Government.
(6) If the Committeeis satisfied that the educational needs of thelocalareajustify the establishment of aneducationalinstitution that theplace where the educationalinstitution is Proposed to be established islikely to best serve the educational needs of that area, that the locationofthe educational] institution is not otherwise objectionable and thatPermission may be granted to any person or body ofpersons, theCommittee shall makean orderto that effect specifying the conditionsto befulfilled by such agency,
(7) The order made by the Committee shall be communicated tothe applicant by the prescribed authority in such manzer as may beprescribed.
(8) Any applicant aggrieved by an order Tefusiug to grant permis-sion may within one month from the date of receipt of such order,Prefer an appeal before the State Government whose decision thereonShall be final and binding:
Provided that provisions ofsub-sections (3), (4), (5), (6), (7) and(8) shall mutatis mutandis, apply to applications for Purposes specifiedin clauses (b) and (c) ofsub-section (2).
(9) When a new private educational institution is established in‘accordance with the permission granted underthis section the fact ofsuch establishment shall be rerorted by the Agency to the prescribedauthority forthwith and in any case notlater than forty-five days fromthe date on which theinstitution starts functioning.
(10) Where @ new private educational institution in relation towhich permission has been accorded under this sectionfails to Startfunctioning within 45 days from the date of commencement of theacademic year following the date on communication ofthe order ofpermission, the permission so accorded, shall lapse:
Provided that the prescribed authority may, for good andsufficientreasonsextend, on application, the date from which the educationalinstitution shall start functioning for such period not exceeding beyondthefirst day ofthe following academic year].”?
16. (1) An application for recognition of a private educationalinstitution shall be made to the prescribed authority on or before the30th November of the academic year in which theinstitution startsfunctioning:
1, Substituted by the Orissa Act 13 uf 19945. 5

6
(Sec. 6—contd.)
Provided that no application for recognition filed before commence>
ment of the Orissa Education (Amendment) Act, 994 shall be tejected
only on the ground that it has not beenfiled within the date specified
in this sub- section.
ExplanationAcademic year means a period of twelve months
beginning with the Ist day of June and ending with the 3{st day
of Mayof the next calendar year.
(2) No private educational institution shall be eligible for recogni”
tion unless it has been eStablished with prior permission under this Act.
(3) Every application for recognition shall be made in the
prescribed form accompanied by such docurrents and information as
may be prescribed. The applicant shall furnish a statement indicating
the extent to which conditions specified in the order granting permission
and conditions for recognition as specified under Section 6-A have been
fulfilled. Every such application shall be supported by an affidavit
attesting the fact that all information furnished therewith are true and
correct to the best of the knowledge of the deponent.
ay The prescribed authority shall scrutinise the applications. Such
of the applications as are foundto be complete in all respects and have
been submitted in conformity with the provisions of the Act and the
rules framed thereunder shall be considered, and thereafter the pres-
cribed authority shall inspect or cause to be inspected the educational
institution in respect of Which recognition has been applied for, and
shall make a report with his recommendations which shall be placed
before a committee constituted by the State Government in this behalf.
(5) The State Government may constitute one or More committees
for consideration of applications for recognition and such Committee
may be constituded for the whole State or foy any part thereof or for
different categories of private educational institution and may make
regulations for conductof business of such committees.
(6) The Committee shall consider the application for recognition
together with the teport and the recommendation of the prescribed
authority and maycall for such additional information or may direct
such further inspection as it deems necessary. The Committee having
considered all aspect shall make an order cither granting recognition,
or temporary recognition with or withont conditions, or rejecting the
application for reasonsto be recorded. The prescribed authority shall
communicate the order made by the Committee in such manner and
with such particulars, if any, as may be prescribed.
7) If the permission to establish a private educational Institution
is found to have been obtained by fraud or by misrepresentation of
facts or through false declaration, the Committee constituted under
sub-section (4) may refuse to recognise such institution.
(8) The Committee may refuse to recognise 4 private educational
institution which has been permitted to be establishedif it is found
uilty of improper compétetition with other educational institutions or
of deliberate violation of any Provision of this Act, the rules or any
direction duly issued by the State Governmentor the Director.

cet
(See. 6—Contd.)
(9) Where a private educational institution has not fulfilled the
conditions for recognition in regard to land, building and furniture but
the committeeissatisfiedthat it hasmadereasonably adequate provisions
for accommodation and imparting education, it may decide to grant
temporary recognition for a period not exceeding one year at a time
and not exceedingfive years in aggregate. The application for extension
oftemporary recognition shall be made and considered in the same
manner as an application for recognition and no extension oftemporary
recognition shall be granted unless the committee is satisfied that
applicant has taken reasonable measures to fulfil the conditions for
recognition and that there has been no deterioration in the standard of
facilities during the year for which temporary recognition was granted;
Provided that in computing the total period for which a private
educational institution may be eligible for grant oftemporary recog-
nition, the number ofyears for which temporary recognition has been
granted prior to the commencement ofthe Orissa Education (Amend-
ment) Act, 1994 shall be taken into account:
Provided further that any Private educational institution which
has xeceived temporary recognition for a period of4 years or more
Prior to the dateofcommencement of the Orissa Education (Amend-
ment) Act, 1994 but has not been recognised may begranted temporary
recognition for a period not exceeding one year at a time and two years
in the aggregate after commeNcementofthe Orissa Education (Amend-ment) Act,1994 so as to enable suchinstitution to fulfil all conditionsforrecognition.
(10) Any applicant aggrieved by an order refusing to accord
recognition, may within one month from the date ofcommunication of
such orderfile a review petition before the committee constituted under
sub-section (4). The committee after calling for such information and
causing such further inquiry as may be necessary and after giving an
opportunity of being heard tothe petitioner shall take decision and
dispose ofthe petition.
(11) Grant of recegnition may be restricted to any standardorclass
or any stream or subjects or mayextend to the whole institution. The
procedure laid down for grant of recognition shall mutatis mutandis
apply to applications for recogMition in respect of increase in seats,
opening of new faculties or courses, starting new subjects or opening
ofadditicnnl sections.
(12) No educationalinstitution shall be eligible for affiliation or
recognition by the Board ofSecondary Education constituted under the
Orissa Secondary Education Act, 1952 or the Council of Higher
Secondary Education constituted under the Orissa Council of Higher
Secondary Education Act, 1982 or any of the Universities established
under the Orissa Universities Act, 1989 unless it has received recognition
under this Act and continues to: be so recognised. When the recog-
nition granted to any private educationalinstitution is withdrawn or
suspended, the recognition or affiliation granted by the Board of
Secondary Education, Council] of Higher Secondary Education or any
one ofthe Universities, as the case may be, shail be deemed to have
been withdrawn or suspended:
 

ondltion
OF recogni-
tion.
8
(Sec. 6-A)
Provided that any educational institution which has received
temporary recognition for a year under the Actshall only beeligible
for temporaryaffiliation, or recognition, as the case may be, for that
year.
_ (13) No recognition shall be accorded to an educationalinstitution
imparting technical and professional education which does not fulfil
the conditions specified in any other law for the time being in force as
are applicable to such institutions.
6-A. (1) No educational institution shall be eligible for recognition
undersection 6 unlessit fulfils the following conditions, namely:—
(a) such extent of land as may be prescribed has been provided
for the educational institution under a valid title and the
institution is under lawful and valid possession of that
land ;
(5) the institution has been provided with a fire-proof building
of its own with adequate ventilation and lighting consisting
of such accommodation as may be prescribed for class
rooms, laboratories, libraries, office accommodation, staff
and students common room and toilets for men and
women; ;
(¢) adequateland is available and has been earmarked for play-
ground and sufficient facilities have been provided for
physical education, games andsports;
(d) land has been provided for cycle stands for High Schools,
Higher Secondary Schools, Junior Colleges and Colleges, as
the case may be ;
(e) adequate provision have been made for supply ofclean
drinking water and sanitation;
(f) the land and the buildings of the educational institution are
located in sanitary and healthy surroundings with suitable
access from public roads ;
(g) qualified teachers and non-teaching employees selected in
accordance with the prescribed procedure as per the prescri-
bed yardstick have been appointed ;
(A) laboratory or laboratories where necessary have been provi-
ded together with required consumables;
(4) such equipments and teaching aids as are required have been
provided ;
(J) required furniture including Black Boards have been provi-ed :>
(k) the educational institution has been provided with library
with such number of books and in such subjects as may be
directed from time to time ; and
(1) the educationalinstitution has adequate financial resources
for its continuance and efficient management.

gine
(Sec. 6-B)
(2) Every application for recognition shal be accompanied by ap
undertaking that the institution has adequate financial resources to meet
the salary and other costs of the educational institution and thatit
shall not claim grant-in-aid from the State Government.
(3) The State Government mayby order, relax any oneor more of
the conditions of recongnition specified under sub-section (1) relating
to land, building and furniture in respect of educational institution
situated in an educationally backward district :
Provided that no relaxation shall be made which would adversely
affect the academic standards or quality of education.
Explanation—The expression “educationally backward district”
shall for the purposes of this sub-section meana district in which the
percentage ofliteracy is less than fifty per cent of the total population
ofthe district as per thelatest census.
‘Withdrawal 6-B. (1) Recognition accorded under the Act may be withdrawn on
freon one or more of the following grounds, namely:—
(a) the educationalinstitution no longerfulfils the conditions for
recognition ;
(5) the educational institution, its Managing Committee or the
Governing Body, as the case may be, contravenes any of
the provisions of the Act or the rules or directions of the
State Governmentorof the prescribed authority ;
(c) the educational institution fails to maintain proper standard
of education and discipline 5
(@) the educationalinstitution fails to maintain required students
strength as provided undersection 11 ;
(e) the educational institution or its Managing Committee or
the Governing Body, as the case may be, misutilises the
funds of the institution or utilises it for any purpose other
than for management ofthe educationalinstitution ;
(Jf) the percentage of students passing the annual and supple-
mentary examinations conducted by the Board of Second-
ary Education or the Council of Higher Secondary Educa-
tion or the concerned University, as the case may be, falls
short of half of the percentage of students passing such
examanations for the entire Board, Coucil or University, as
the case may be, for three consecutive years ;
(g) the educationalinstitution fails to conduct examinations held
by the Board, Council or the University or any other exam-
ining body of the State fairly and properly or the manage-
mentorany of its employee assists or abets in malpractice
in such examination orfails to prevent malpractices ;
(A) the educational institution is found to have admitted stu-
dents, in excess of the recognised or affiliated strength or,
in classes Courses or stfeam or subjects in regard to which
no permissio has been received ;

10
(Sec. 7)
(i) except as otherwise permitted the educationalinstitution ad-
mits stduents on criteria other than merit, which in the
context of reserved seats shall mean inter se merit within
the reserved category ;
(j) the educationalinstitution does not admitfresh students for
two consecutive years or shifts to another locality orto diffe-
rent premises without prior permission ; and
(k) the educational institution bas obtained recognition by fraud
or misrepresentation offacts or through a false declaration.
(2) Where the prescribed authority is satisfied on own information
or otherwise that circumstancesexist for taking action for withdrawal
of recognition of any educationalinstitution, he shall make an enquiry
or cause an enquiry to be made into the grounds on which recogni-
tion is proposed to be withdrawn and give an opportunity to the
management to make representation within a period ofthirty days
against the proposedaction. The prescribed authority shall furnish his
report and recommendation to the Committee constituted under sub-
section (4) of section 6.
(3) The Committee after considering the records, report and re-
commendation ofthe prescribed authority and after affording an oppor-
tunity to the management of being heard pass an order cither withdraw-
ing of suspending the recognition granted to the said institution.
(4) Notwithstanding the withdrawal or suspension of recognition
under sub-section (3), the Students admitted to that educational insti-
tion till the date ofsuch withdrawal or suspensionshallbe allowed to
continue as if the said educational institution continues to be recog-
nised till that batch of students appear in the examination conducted
by the Board, the Council or the University, as the case may be. The
educational institution shall not admit fresh students during the period
ofsuspension or after withdrawal of recognition.
(5) Any educational institution aggrieved by an order of the Com-
mittee withdrawing or suspending the recognition of any educational
institution may prefer an appeal within a period ofthirty days of the
receipt of the order before the State Government whose decision
thereon shall be final.
(7. (1) Every private educational institution shall have a managing
committee or governing body, 2s the case may be, constituted in
accordance with the rules.
3 ®The managing committee or the governing body, as the case
may be, constituted for any private educationalinstitution, shall obtain
the approval of its constitution by the prescribed authority inthe
prescribed manner failing which the institution shall not be eligible
for recognition.
 
Sa Act 15 of 1989, section 7
 
1, Substituted bythe

cananengy
(Sec, 7—contd.)
(3) The managing committee or the governing body, as the case
maybe, shall be responsible for the proper manageirent of the °
institution and shall exercise such powers and perform such
functions as may be prescribed.
(4) Amanaging committee or the governing body, as thecase may
be, shall continue in office for a term of '[ three years | from
the date of its approval by the prescribed authority under sub-
section (2) 7[ and shall be reconstituted in accordance with
the rules.
5[(5) The existing Managing Comnittees or theGoverning Bodies,
as the case may be, of aided or recognised educational institu-
tions, which were constituted prior to the date of commence-
ment ofthe Orissa Education (Amendrrent ) Act, 1991 inclu-
ding those, if any, which are under supersession on the said
date, shall be reconstituted in accordance With the rules that
may be made underthis Act for carrying out the provisions of
this section as an-ended by the Orissa Educ ‘tion (Amendment)
Act, 1989, within aperiod of‘[twoyears] fromthe date ofcomme- Orissa Act
ncement of the said rules and évery such existing Managing 15°!1°.
Committee or Govering Body, as the case maybe, shall cease
to continue in office on and from the date on which it is so
reconstituted. ]
5{(6) The prescribed authority may allow the Governing Bodyorthe
Managing Committee, as the case may be, whoSe term has
expired under sub-section (4) or sub-section (2) of section 7-A
to continue in office till the Governing Body or the Managing
Committee is reconstituted, or appoint any person or persons
to exercise the powers and discharge the functions of the
Governing Body or the Managing Committee during the inter-
vening period:
Provided that the State Governmentmayreconstitute the Governing
Body or the Managing Committee as the case may be, notwithstanding
thatthe term of such Governing Body or Managing Committee has not
exprited and on such reconstitution, the existing Managing Committee
or Governing Body, as the case maybe,shall stand dissolved. ]
 
1. Substituted by the Orissa Act, 15of 1991, Section 3(i)
2. Substituted by the Orissa Act 13 of 1994,Section 6 (i)
3. Inserted by the Orissa Act 16 af 1991 Section 3 (ii)
4. Substituted by the Orissa Act 14 of1993, Section 2
5. Added by the Orissa Act 13 of 1994, Section
6
(ii)

Supersession
12
(Secs. 7-A to 7-C)
7-A.(1) Whenever the prescribed authority is satisfied that the
andreconst!- managing committee or, as the case may be, the governing body of
ofmanaging any private educational jnStitution has neglected orfailed to perform
eeSey ofthe duties imposed by or under this Act or the rules or to
fou. give effect to the order or direction issued by the Tribunal
Appoint-ment of
teachers.
*[ Grant-
in-aid. J
under Section 24-A or has acted im excess ofthe authority vested in it
or inany manner which is prejudicial to the interest ofthe educational
institution, he may, after giving the managing committee or the govern-
ing body, as the case may be, a reasonable opportunity of showing
cause, supersede the managing committee of the governing body, as the
case may be-
(2) As soonaspossible, after supersession of amanaging committee
or governing body, as the case may be, the prescribed authority shall
reconstitute the managing committee or the governing body, as the
case may be, andthe managing committee or the governing body, so
reconstituted shall, subject to the provision in sub-section (1),
continue for a term of [three years] from the date of such
reconstitution.
(3) During the period intervening the supersession or expiry of the
term of a managing committee or governing body, as the case may
be, and its reconstitution, the powers and functions of the managing
committee or the governing body, as the case may be, shall be
eXefcised by such person or persons as the prescribed authority
mayappoint.
(4) Any managing committee or governingbody,is aggrieved by
the order of supersession made under sub-section (1) may prefer an
appeal before the State Government within thirty days from the
date ofthe order and the decision of the State Government taken in
the appeal shall be final.
7-B. (1) The State Government or any officer or authority
authorised byit may prescribe the qualifications to be possessed by
prsons for appointment as teachers including the norms relating to
the requirement of such teachers in different categories of private
educational institutions.
(2) Every private EducationalInstitution shall appoint qualified
teachers and non-teaching staff by making selection in accordance with
the procedure andcriteria prescribed by the State Government-]
7-C. (1) The State Government shall within the limits of its
economic capacity, set apart a sum of money annually for being given
as grant-in-aid to private EducationalInstitution in the State.
(2) No order according permission or approval or recognition
under this Act, whether prior to or after the commencement ofthe
Orissa Education (Amendment) Act, 1994, shall entitle any private
educational institution to receive grant-in-aid.
1, Substituted by the Orissa Act 14 of 1993, s, 3
2. Substituted by the Orissa Act 13 of 1994, 8. 7
3. Substituted byibid, s. 8

we1"
(Sec. 7-B to 7-C—contd.)
_ Q) Saveasotherwise Provided, no private Educational Institutionwhich hasnotbeen Tecognised bythe State Government underthis Actshall be entitled to receive any aid from the State Government.
(4) Notwithstanding anything contained in any law, rule, executiveorder or anyjudgement, decree or order of any Court, no grant-in-aidshall be paid and no Payment towards salary costs or any otherexpense shall be made to any Private educational institution or forany Post or to any person employed in anysuchinstitution after thecommencementofthe Orissa Education (Amendment) Act, 1994, exceptin accordance with an order or rule made under this Act. Grant-in-aidwhere admissible under the said rule or order as the case may be, shallbe payable from such date as may bespecified in that rule or order orfrom such date as may be determined by the State Government:
Provided that pending framing ofsuch rule or issue of order, theState Government may, without Prejudice to such rule or order, directthat private educational institutions which were receiving grant-in aidand the posts in such educational institutions in respect ofwhich grant-in-aid was being released shall continue to be paid such amount asgrant-in-aid as was being paid to them immediately prior to commence-mentofthe Orissa Education (Amendment) Act, 1994,
(5) Notwithstanding anything contained in any law, rule, executiveorder or anyjudgement, decree or order of any Court the followingcategories of private educational institutions shall only be eligible forconsideration for payment of grant-in-aid:—
(a) Upper Primary Schools imparting instructions or courseprescribed by the State Government in standards orclasses VI and VII or Sanskrit Tols and Madrasas impartingequivalent courses.
(6) High Schools imparting instructions or course for HighSchoolCertificate Examination conducted by the Board ofSecondary Education, Orissa or institutions impartingMadhyama Course of Shri Jagannath Sanskrit Universityand Madrasas imparting equivalent course.
(¢) Higher Secondary Schools or Junior Colleges impartinginstructions or course for Higher Secondary Examinationconducted by the Council of Higher Secondary EducationOrissa or institutions imparting Upasastri course ofShri Jagannath Sanskrit University and Madrasas impartingequivalent course.
(d) Colleges imparting courses for B.A., B.Sc, or B. Com,degrees of the Utkal, Berhampur and Sambalpur Universitiesand Shastri courses of Shri Jagannath Sanskrit University.
(6) No educational institution imparting any other courses ofstudies except those provided in sub-section (5) shall beeligible forgrant-in-aid from Government. Educational Institutions establishedand/or managed by Urban Local Bodies, Zilla Parishads, PanchayatSamitis and Grama Panchayats, Public Sector Undertakings orCompanies or Statutory bodies shall not be eligible for grant-in-aidunderthis Act.

Withdrawal
of
aid,
14
(Sec. 7-D)
7) A Governing Body or Managing Committee desirous of
availing the facility of grant-in-aid shall make an application for the
purposewithin such period and shall furnish such information and
documents including audited statement of accounts ofthe institution
as may be prescribed. It shall furnish with the application an
undertaking to the effect that grant-in-aid sanctioned for the purpose
or meeting part Or whole of the salary costs shall be disbursed directly
to employees concerned and tO refund any excess or inadmissible
paymentthatmay have beenmade.
7-D. (1) The prescribed authority may withdraw the grant-in-aid
of a private educationalinstitution, if—
(ithe recognition of the institution has been suspended or
withdrawn;
(ii) the percentage ofstudents passing the Annual and Supple-
mentary examinations conducted by the Board ofSecondary
Education or the Council of Higher Secondary Education
Or the coNcerned University, as the case may be, falls short
of half of the percentage of students passing such
examination for the entire Board or the Council or the
University, as the case maybe,for three consecutive years;
(iii) the Governing Body or the Managing Committee, as the
case may be, defaults in furnishing the statement under
sub-section (1) ofSection 8 or furnishes statement whichis
false or incorrect;
(iv) the Managing Committee or the Governing Body, as the
case may be, Or the Secretary of an aided educational
institutioa acts in contravention Of the provisions of sub-
section (1) of Section 9, or of any order passed under
sub-section (2) ofSection 9;
(v) the Governing Body or the Managing Committee, as the
case may be, or the Secretary is found to be misutilising
the funds of the educationalinstitution concerned including
grant-in-aid received, if any, orutilising it for any purpose
other than meeting the legitimate cost of running the
educational institution, development of the educational
institution, or welfare of the students or employees of
that institution;
(vi) there has been persistent default in maintaining correct
accounts of the receipts and expenditure of the educational
institution or there has been persistent default in submitting
audited statement of its accounts within the specified
period;
(vii) the educationalinstitution fails to conduct the examinations
of the Board, the Council, or any of the Universities or
any other examining bodies of the State fairly and properly
or if the Governing Body or the Managing Committee, as
the case maybe, or any of its employees assists or abete
in adoption of malpractices in such examinations or fails
to-prevent adoption of malpractices;
won taPirates Oe 8d nw:

crtSits,
(Secs. 7-E—7-F)
-(viii) unless otherwise permitted, the educational institution isfound to be admitting students on any criteria other thanmerit ;
Explanation—In the context of merit of students belongingto reserved categories it shall mean inter se merit within theTespective category ;
(ix) the private educationalinstitution utilises the gtant-in-aidfor any purpose other than the Purpose for which suchgrant-in-aid was paid specifically or fails to render satisfac-tory and timely accountofits properutilisation .
(x) the private educationalinstitution has secured grant-in-aidby fraud or by misrepresentation offacts or by submissionofincorrect facts through false declaration or by concea-ling any relevant information ;
(xi) the aided educationalinstitution refuses to accept a teacherposted on transfer or continues to retain the services of ateacher who has been transferred by the competentauthorty ; and
(xii) the aided educationalinstitution makes appointment inamannernot consistent with the Act and the Rules :
Provided that where the prescribed authority is satisfiedthat primafacie circumstances exist for action under thissub-section, he may make an order suspending paymentofgrant-in-aid for such period not exceeding three months ashe may deemfit.
(2) Before withdrawing the grant-in-aid, the Managing Committeeor the Governing Body, as the case may be, shall be given a notice ofthe action proposed to be taken and required to show cause withinaperiod of thirty days from the date ofreceipt of the notice as to whysuch action shall not be t

Excerpt shown. Open the full act in Lexace.

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