The Panchagada Ananga Narendra School of Education (Taking Over of Management) Act, 1997

 
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The Panchagada Ananga Narendra School of Education (Taking Over of 
Management) Act, 1997 
 
Act 3 of 1997 
 
 
 
 
 
 
 
 
Keyword(s): 
Administrator, School 
 
 
THE SANCHAGADA ANANGA NARENDRA SCHOOL OF EDUCATION 
(T-G OVER OF MANAGEMENT) ACT, 1997 
TABLE OF CONTENTS 
I. Short title and mmrnencement 
2. 6@6nitions ' 
3. Taking over of Management of all'airs of the School 
4. I%& of taking over of management 
5. Appointment of Administrator and his powers, 
6. No right to Compensation 
7. Delivery of Possession of properties and documents 
. 8. Absorption of employees 
9. Act to have overriding effect 
10. Protection of action taken in good. faith 
11. RepeaI and Savings 
ORISSA Am 3 OF 1997 
*THE PANCmGADA ANGNGA NAEIENDRA SCHOOL OF EDUCATION 
(TAKtNG OVER OF MANAGEMENT) ACT, 1997 
[Received the ussent of tlte Govertror 011 the 1st April 1997, first. pullishetl it1 an 
exrraordirrary issrr~ of the Oriss? Gazette, da~d the 3rd April 199q 
AN ACT TO PROVIDB FOR TAKINQ OVER OF MANAGEMENT- OF THE 
AFFAIRS OF THE PANCHAGADA ANAKGA NARENDRA SCHOOL OF 
E~UCATION, B~OI AND MA~RS ' CONNEW 
TH~R~WITH OR INCIDENT& mmeRmo 
WHEREAS in the intcrest of qualitative ed ucalbnal training to the Teachers, 
the State Government dccided that no private Seconba'~ .Training Schools shall be 
permitted to be established in the Statc of Orissa and a Press Note to that effect 
was issued by the State Government on the 12th March lB8l ; 
j. 
, , AND WHEREAS the Orissa Education ~ct, 1969 was amended in Ihe year 
1888 by Orissa Act 19 of 1988, which came into forcc on tha 19th December 1988, 
prohibiting establishment of Secondary Trainme Schools -in the private. sector and - . 
the same provisions were reiterated in the year lDSD by Orissa Act 15 of '1989; 
AND WHEREAS the ~aochagads AnBnga Narmdrs School of Education at 
Bankoi, in the distrtct of Kburda was cstabhshed in the year 1981; 
AND WHEREAS the said School was permenenlly recognised by the State 
Governmedt in pursuance of the orders of the Orissa High Court in ' 0. 5. C. No. 144 
of 1988 and 367 of 1989, co&rmed by the Supreme Court of India in Civil Appeal 
No. 44 of 1993 ; , . 
AND WHeREAS the said School of Education'is the only Secondary Training 
School in the private sector in the State ; 
AND WHEREAS in order to ensure qualitative educational training to the 
Teahers who wiil, ultimately be called upon to impart education to the School 
children, it is necessary that the Teacher-trainees shouId be selected purely on the 
basis of merit rhongh~ut the State ; 
AND WHEREAS quelitative selection of candidates as wellas the standard 
of training to the Teacher-trainees cannot be ensured if the said School of Education 
is allowed to function under private management ; 
AND WHEREAS for the aforesaid reasons and in the larger interest of the 
public, the State Government have decided to take over the management of the 
said School of Education with all its properties and assets. 
BB it enacted by the Legislature of the State of ~rjssa in tb Forty-eighth Year 
of the Republic of India as follows :- 
Sh rt titk 1. (I) This Act may be called the Pauchagada Ananga Narendra School of and Education (Taking over of Management) Acb 1997. *mmenK. 
:DL 
' .(2) Tt shalI be deemed to have come inlo force on the 27th day of January, 
1997. 
!MnIti ons. P. In ihia Act, unless the context otherwise requir.es,- 
(a) '$Ad ministrator'' means the Administrator appointed under section 5 ; 
(b) "Appoitd day" means the day on which this Act mmes into force ; 
(c) "School" means the Panchagada Ananga Narendra School of Education 
at Bankoi in the distrPct of Khurda ; , 
(d) uGovernmenl" means the Government of Orissa. . 
- . . 
*For the Bill See Orlfsa Gazelle, ~xrra'ordioar~, dated thc 3rd Marcb, 1997( ~b, 282) 
Tabs ovir ' 3. (1) With effect from the appointed day,- 
or mrmagw- 
ment of (a) the maoaamont of the Srhool shall vest in the Government ; 
.. dfalra of ' (b) every member of the Managing Committee, by ,whatever name called, shall - the Schm~. cease to exercise any power cf management in rclation to tbe School ; end 
(c) the Government shall be dcemed to haye ken in actual po;spssion of the 
School. 
(2) All assets and of the School aid ' Managing Committee thereof, 
whether rnclvablc or immovable, including lands, building, labontoritc, workshops, 
libraries, instruments, machinery, vehicles, cash balance, funds including reserve fund, 
investment, furniture and hules and other things shall, on the date of vesting of the 
School under sub-section (I), stand transfeired to, and vested in, the Cfoveroment 
free from all encurubrances. 
Effeot of 4. On , vesting of the management of the School in tbc Government, the 
ojer Managing Commitlee, by name called, in charge or the management of the, 4 'I affairs of the Schocl as on the date preceding the date of vesting, shall be deemed Ient. I 
to have been superseded and every person holding any office thereof immediately 
before the datc of vesting shall be deemed to have vacated such office on the date 
. of vesting. 
himat 5. (;I) The Government shall, as from the app3inted day, appoint any person or 
'mini- officer as Administrator to menage tbe aEairs of the School for and on behalf of the ' and Government untiI an auernative arrangement is made by the Government. ' 
Vera. 
(2) The Administrator appointed under 5ub-section (I) shall, subject to the 
provisions of this Act and to tbe control of the Government, exercise the powers vf 
the Maaging Committee in relation to the School. 
(3) The Government may, from time to time, givesuch directions to the 
Administrator as it may deem fit for the proper management of the flairs of the 
, School and the Administrator shall in exercise of his powers under this Act, compIy 
with such directions. 
No &t to 6. No person, who is deprived of his right of management: under section 3 or 
comptn- ceases to hold oflice by reason- of the provision contained in section 4, shall be entitled 
aatiun. to any compensation for such deprimtiun of his right of management or for such 
, loss of ofict., as thc case may he. 
mlivery of 7. (1) Evcry Frson ha?ing, on the'appointed day, in his . pussessioi, custody. or 
Pos*3!Onof control, any assets,or properties as mentioned in sub-iection 12) ofsection 3, including 
PmPert'es the do~uments and other papers Waling thereto, shall forthwith deliver such assets, end d-uments. propertiw, do.hlments and other papers to the Administrator or any other officer as - 
may b,e authonsed by him in this behalf. 
(2) 1h case of nondelive~y ol possrssicn of any assels, properties, ' documents or 
other papers under sub-section (1). thc Government may take s~ch necesscry steps for. 
' 
securing the possession thcreof as it may deem fit. 
Absor~ion of - 8. All teaching and non-reaching employees in cmplayment of the SchooI as on 
amplove* the ,first day of April, 1996, who have the requisite qualification for the posts respecti- 
. vely held by them and whose appointolcnts are within tb yardsrtck prescribed 
for similar Schools under the Government sball bz detmed to have been absorbed in 
Government service a9 employees of the School ic th~ir respcctivc posts with effect from 
the appointed day. 
Act to havc 9. The provisions of this Act sl~all have effect notwithstanding any thing inoonsi- 
overriding atent therewith contained rn any othcr law, e&t. 
Protcciian of 10. No suit prosecu~ion or othcr legal proceeding sball lie against the  GO^^^^^^*'^ 
action ta* or any o5cer or other employee of the Government or the Administrator or any 
in good officer authorised by the Administrator for anything which is in good faith done or 
intended to be done under this Act. 
Repeal and 11. (1) The Panchagada Ananga Nerendra School of Education ( Taking ' over if orisla od- 
~avinss. Management ) Ord~nace, I997 is hereby repealed. nw No. 1 
01 1997. 
(2) Notwithstanding the repeal under sub-section (I), anything done or any action 
takco under the Ordinance so repealed shall be deemed to have been done or taken under 
this Act. 

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