Rajasthan · 1974 · Act 18
The Rajasthan universities teachers and officers (selection for appointment) act no 18 of 1974
In forceFull text
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#THE RAJASTHAN NON-GOVERNMENT
EDUCATIONAL INSTITUTIONS ACT, 1989
(Act No. 19 of 1992} ;
[Received the assent of the President on the 4th day of June, 1992]
Wat Ae erat vifees ten afar, 1989
(1992 eT Stfiftae Wet 19)
Creguiet Wales tht arqata festa 4 a, 1992 aa Wier ge
An Act to provide for better organisation and development of education
in the Non-Govemmient educational institutions in the State of Rajasthan."
Be it enacted by the Rajasthan State Legislature in the Fortieth
Year of the Republic of India-as follows:-
WET THT F te-ereard Sifsen eens A finer ean esa atk fers
& fay sya SE Bq APSR | ;
rae stern Sr aster ae 2 ec Soe emrseareany Parag
aafatran ara
CHAPTER-I |
a
Preliminary . .
1. Short title, extent and commencement. (1) This Act may be 7
called the Rajasthan Non-Government Educational Instiiutions Act,
1989, .
(2) It extends to the whole of the State of Rajasthan.
(3) It shali come into force on such date as the State Government
may, by notification in the Official Gazette, appoint and different, dates
may be appointed for different provisions of the Act and any reference
#. Publi shedin = traoittinary Past 4(Ka) dated 47. 1 stand wef.
1.1.1993 by Notification No. F, 7(73) EdusGr.6/74 dated 15.12. 1992, published
in Raj. Gazette Extraordinary Part 1{Kh) dated 18.12.1992, Page 293. -_
$,-URRMPT Twa feraiss we 4 (=H) frre 47.1992 3 waned Gam ik APN ST TH
773) fergvgs 6/74 Fear 15.12.1992 BRI 1.1.1993 3 wel, Tee Us faa
1 (%@) Tors 18.12.1992 @ PSS 293 TE VaR ,
2 waren tt acant tien Gen afer, 1989 RT 1-2
“to the cétunienéément'df this’Act in relation to any provision thereof
Sghall be constried as a reference to the date on which that provision
comes into force. ;
: 2. afar, war afte wre. — (1) 38 aafirttan 1 ae Tae A
arena Sete Fert afr, 1989 81
(2) Fae TATE VETS TTT THT BB
(3) ae Vat aha aw vee ohn fad wea WeER Wa-Ta F afieger gre
fra at afk after & fier-firs saat & ford fra-firs arth fraa at
wart aan sas fect it syey Hau Ba wre & ie Prat oh Peer a are
Ta ante & oft free & wo F omen we feet ae Tey We Far FI
2. Definitions- In this Act, unless the context otherwise requires, -
(a) “‘aid’? meansany aid granted toarecognised educational institution
by the State Government;
(b) “atded tnstitation” means a recognised institution which is
receiving atd tn the form of maintenance grant from the State
Government; ;
(c) “Board” means the Board of Secondary Education, Rajasthan or
the Central Board of Secondary Education, Delhi and shall
include the Council for the Indian School Certificate Examinations;
(ad) “compensatory allowance” means an allowance granted to meet
personal expenditure necessitated by the special circumstances in
which duty is performed and shal! include a travelling allowance
but shall not include a surnptuary allowance nor the grant ofa free
passage to or from any place outside India;
(e) “Competent Authority” means any officer or authority authorised
by the State Government, by notification, to perform the functions
of the competent authority under this Act for such area or in
relation to such class of recognised Non-Governmenteducational
institutions as may be specified in the notification.
e
e
o
s
ana 2 Tara AR aad Hern Aen stuf, 1989 3
(f) “Director of Education” means,-
(i) in relation to degree and post-graduate colleges and
educational institutions of equal or higher studies other
than imstitutions of Sanskrit and technical education, the
Director of College Education, Rajasthan;
(ii) in relation to the institutions of Sanskrit education, the
Director of Sanskrit Education, Rajasthan;
(iii) in relation to the institutions of technical education, the
Director of Technical Education, Rajasthan;
(iv) in relation to schools and institutions other than those
referred to in sub-clauses (i), (ii) and (iii) the Director of
Primary and Secondary Education, Rajasthan;
Explanation- The Director of Education shall include any other
officer authorised by him to perform all or any of the functions of the
Director of Education under this Act; .
(g) “District Education Officer” includes, in relation to girls
institutions, the District Education Officer (Girls) and also any
other officer authorised by the State Government to perform the
functions of such an officer,
(h) “Educational Society” or‘‘educational agency” means any trust,
person or body of persons permitted to establish or maintain a
recognised non-Government educational institution;
(i) “employee” includesateacher and every otheremployee working
in a recognised institution;
(j) “existing institution” means any recognised institution
established before the commencement of this Act and continuing
as such at such commencement;
(k) ‘Head of an institution” means the Principal Academic Officer,
by whatever name called, of an institution;
() “institution” inchides al] movable and immovable properties
pertaining to an educational institution, .
(m) “Joint Director? or “Deputy Director” includes an officer
authorised by the State Government to perform the functions of
2 Joint Director or Deputy Director,
4
(n)
(0)
(Pp)
(q)
(D
(s)
(D
TR Wh acant Shen ten afm, i9ao oT 2
“Maintenance grant” means such recurring grant-in-aid to an ~
institution as the State Government may, by general or special
order, direct to be treated as such grant;
“management” or “managing commiltee”, in relation to any
institution, means the commiltee of management constituted
under section 9 and includes the Secretary or any other person, by
whatever name designated, vested with the authority to manage
and conduct the affairs of the institution; .
“non-Government educational institution” means any college,
school, training institute or any other institution, by whatever
name designated, established and run with the object of imparting
education or preparing or training students for obtaining any
certificate, degree, diploma or any academic distinction recognised
by the State or Central Government or functioning for the
educational, cultural or physical development of the people in the
State and which is neither owned nor managed by the State or
Central Government or by any University or local authority or
other authority owned or controlled by the State or Central
Government;
“recognised institution” means a non-Government educational
institution affiliated to any University orrecognised by the Board,
Director of Education or any officer authorised by the State
Government or the Director of Education in this behalf;
“salary”? means the aggregate of the emoluments of an employee
including dearmess allowance or an y other allowance or relief for
the time being payable to him but does not include compensatory
* allowance;
“sanctioning authority” means an officer authorised by the
State Government to sanction aid to such recognised educational
institutions as the State Government may specify from time to
time in accordance with the procedure to be prescribed;
“State Government” means the Government of the State of
Rajasthan;
{u)
{v)
C#)
(a)
(1)
(a)
(%)
=
Tear We aan Sigs ten asf, 1989 5
“teacher” means a Professor, Reader or Lecturer and any other
- person, by whatever name designated, imparting instruction or
training or conducting and guiding a research or taining
programme in a non-Government educational! institution and
includes the Head of the institution; and
‘University” means a University established by law in the State
of Rajasthan.
2. Tire. — wa eH aad 8 aan atfiad a A, ya staf a —
“aera S Ta Sea SRI, fart ase wren Vite Teen sat St eT AS
al wera aia ¢;
‘Raa WUT Ge Ve HVS eT eT ae See ST TH AR
DAPI AAS H Bs A BETA WT HT TZ;
“are O creates fren ae, testers a Sate creates Ren ate, fercit
afte & atk gti arta eh a eer eeu aletaae warty
aaa 8;
“oftentatea wat” 8 ta safes ore ant Bf act A ford feat rat BE
ven afta fa a fate oReeReal A seas ot fed ariorners fea
ard ate ged aig ara sian afters Stn fea Akg CH TAT TT TTT
aret 3 feet it ear ae a Pee aa srert Blister Nt rT;
“gary vifieardt 8 wea ean sr, TS da & fea a are ret AR-
Brant Vikan sensi a TA al Ss ay Fi, ST fae arfiegern F faite
frar ara, Fa afufran a arity aan soften & qe or Prater Bea
fore safer SRI vaftagea are wil srfernrdt on wifrnret afaia e;
“frat Pregren' 8 ahta %—
@) rer ak einen Feared ait ae WT Tea ETT TT
SF Sif Genel S gary 4, wh depe sike cactet frat at
Pena @ fir &, free, senfrenera fren, wre;
Gi) Pepe fren at email & aaa H, Frees, sega Pre, we;
(ii) Tartet fren St Sensi wey A) ees, cachet fire,
Wer; .
Gv) faenetat IR su-ers (0, (ii) SGD. A alee S ft dere
aay 4, Fee, walter sth areafirs fren, Were;
6 Tera IR aan} Vifins ten saber, 1989 URL 2
eostianrnt— firen Frtern A, ga aafiatam a oneita fren frees & a
an feet Mt Great an Prefer et & fry sah ere weg wag it srs safer
afcaiea em;
(3) “Rear finer aitivant' Fate teneil ® gare a, fren fien afer
(aiferaa) sik ta feat fi afeant ordi ay Pden aed > fare I
RRR BRT wiftpa Be ay sifted of wfinfara z;
Ca) “Sifizen Grareet” ar vifizes wart" 8 fat aan ora tae
‘fares Been =r een an aafara TA fey sara Hig mE, wafer wT
safeat on Fara afte 2;
Ca) ‘antart’' a test cern ora deen 8 ag ee open ae sear aie
Wer ary atta afiatera &; »
(a) faerie" 8 30 afifre & grea & oa canis sth ta wey
waa a wo A ae eet ag it aa ora ded aaa 2,
(2) “ceararwarn’’S feet den ar feet iad sara aren var Stic
aftrerd afta F.
(3) ‘eee’ 2 feet Mew seer @ arate aut sha ait wre wafra
afinten €;
Cs) ‘aga Preyer aa-fregren” 8 fine caqaa Fates an final so-
Frere & peat an Aden ae & fee wa Te EM wiftera afirRt
afta 2;
(3) “arparor argent’ a feet dean ah fear en ten areeit Germ SEM
fata @ form 08 ser & ws 8 a a ar Free Tee SER aT
af arenee;, -
(3) Reet tend gerry yer” ay yar afi S ara 9 areta aise
wary atte afte & ath cad ates an fare vt ar a vertatza at ter
ory cafaa aitaten 3, fed den & amare ar vara sik dae Sea
an wifi fiiea fra ra 8;
(a) “teacari tifa der” 8 ter ag serene, faeras, wien den
a1 fara fi arr a atten ers ot arr seen safe & a fare 2A ar ae
Fo A EEK ERAT Hrs Tae, fest, feat an ae sh sifies
fafrsan afrara a & fore oral al da Bel ar airemr aA ata a
entre aot TH aie ea Sat Vt ar a Ty A cite a Skew, Geshe =n
|
7 \
URI 2-3 THRU 7h wend Vfeer Wen aftifran, 1989 7
atts fanra e fer ord az wet ST ain Sh OT a ks a TH feat
oft favafeeners a earita wife er a es a ate GEER & eaTfeg aT
Fras anita & feet era fie 4 dt eaten @ a a sear
Be wafer;
(a) Saran ora tear" 8 fret of fevaferercts a ag sear are, frat
Premera 59 ae Steet fren Freee & ere ga Fife wiltepa Poet oft
often & gro ay aig te-aeard Bitten Gen afi 2;
(3) aaa a fact ed at per uftaieeat afte g feed sa ara tes
TENS war ar are Ut ata eT ay aeyre Berio & fay wiser aT
aftatera Tel €;
(a) “captured & tet aren wre Sars Genel a, Fre 197 aH
fated at art are wien TER Wasa TH fattides Ht, HET Aa
we & fee TST AH SRT UifepA Hie sefizant afinta F;
C) ‘weareve' 8 we Tee at aan fina z;
(1) “areas Sag areard, sored an areas ait fat the-art Sars
Ber A fran a1 RMT Ver HA Aen aT ste aT fast wha aes
a dare atk anfesha act aren fat of are @ aftga wats sta cater
afta ¢ ak gad den er ver aftafera 2; sik
Ch) “fagafeanerr” 3 Tere eq F fat: ger wenfea ante favafaencra
apa 21
CHAPTER-II
SeAA-2
Recognition, its refusal and withdrawal
TR, Teel gare faa srr sit ance fever ara
3.Recognition of institutions - (1) Exceptin thecase of institution
affiliated to a University or recognised or to be recognised by the Board,
the Competent Authority may, on an application made to it in the
prescribed form and manner, recognise a non-Government educational
institution on fulfilmient of such terms and conditions as may be:
prescribed:
{Provided that no institution shail be recognized unless it has been
registered under the Rajasthan Societies Registration Act, 1958 (ActNG. 28 of
1958), oritis being run by a public t trust Tegistered u under the Rajasthan Public
Trusts Act, 1959 (Act No. 42 of 1959) hor by: a trust created in accordance with
the provisions of the Indian Trusts Act, 1882 (Central Act No. 2 of 1882).}
1. Substituted by Act No. 20 of 2003 (w.e.f. 7.6.2003}.
8 Tae tt wart Sees den afer, 1939 URI 3-4
(2) Every application for recognition of an institution shall be
entertained and considered by the Competent Authority and the decision
thereon shall be communicated to the applicant within a period of six
months from the date of the receipt of the application and, where
recognition is refused, the reasons therefor shall also be communicated
to the applicant within the said period.
3. Geaall at Arata. — (1) feat fagatacners 8 ears aE ERO AT
AL TA wt TF ATH RMT Sy TIA Se SRT TT PTY Pear TET SA hs
asd fra Ta fast ater, ta fren aca’, ot fata st ont, qd ac,
fare th erat Uitte Wen Al Ara SW:
Mey fare oi een at cat Tes Aaa eT St TNT ore Tee Pe ae TTA
Graal eran atures, 1958 (1958 a afefran &. 28) & aris chores
eS, BATS TST Cie are Safe, 1959 (1959 aa sifu a. 42) are
afartena fret cite Fare gre at dita =a safe, 1882 (1882 aT arate
afafraa Ss. 2) & scat & agar afer feet ere gra a aerat ont Bi 1)
(2) frat seen at aren & fora weds orate Gera ifieennt gro Zeta Fear
varhn ait sae gr sae feat fen arm sik ga HS faheaa St ga
STARS HT ATA Tt HPs AT ARTS V Be ATS al SCT ah Hae sh St STENT
atk wei Aram SS gan fen ae sel srdeH wl Sad Breas & Sesh
soe are it dated fet orat
4. Appeal against refusal of recognition - (1) Where recognition
to an institution is refused, any person aggrieved by such refusal may,
within thirty days from the date of communication to him of such
refusal, prefer an appeal against such refusal in the prescribed manner
to such authority as may be prescribed.
(2) On hearing an appeal preferred under sub-section (1), the said
authority may, after giving the appellant a reasonable opportunity of
being heard, confirm, modify or reverse the order appealed against and
his decision thereon shall be final.
4. ATR ah SH ch Peres arate. — (1) sel Paral ee at Alaa a SHR
fern ara sai 8a gar 4 cafe ale I cafes, Ta TA aa Hl pat fed a HT
ante & tte fea & sitee-siey, U8 gant & fies TA wien a, faa fe fated
fren ara, fata dif & anita ex wat
(2) 3o-aret (1) & aes wt eh feat aria st Gran we saa safe,
_ ethene an rang a wafad seer 23 & Gran, Ta sre al, free fe fae
1. 2003 a afarrery eetin 20 grr wfrenfra (7.6.2003 B WMT) I
UR 4-6 tere th arent tiie den afar, 1989 9
ata at ei 3, TS a Soe a eT aT saa Tere Fa sth Ta sa
fafraa afara erm
5. Withdrawal of recognition - Where the management of an
institution obtains recognition by fraud, misrepresentation orsuppression
of material particulars, or where, after obtaining recognition, an institution
fails to comply with any of the terms and conditions prescribed under
sub-section (1) of section 3, the Competent Authority granting the
recognition may, after giving such management areasonable opportunity
of showing cause against the proposed action, withdraw the recognition.
5, Aaa cat ace fear sar. — wet fret dea a Tae a Te
gataters 3 an waite fattest at ferorent aaa wed Hea & a eT Aa We
HES TE BY We IMT 3 Hl SI aT (1) a seis fate fared ot Peer
AR etl Se TCP HCA feet Teeht S TET AIA OF ALT TATA WHT TS ety
BY RTT HTL FR SHA EM HT AGATE HAR A Hh TA AMT aT
a vem
6. Appeal against withdrawal of recognition - (1) Where
recognition to an institution is withdrawn, any person aggrieved by such
withdrawal may, within thirty days from the date of communication to
himof such withdrawal, prefer an appeal against such withdrawal, inthe
prescribed manner, to such authority as may be prescribed.
(2) On hearing an appeal preferred under sub-section (1), the said
authority may, after giving the appellant a reasonable opportunity of
being heard, confirm, modify or reverse the order appealed against and
his decision thereon shall be final.
6. Tre ae are fer ary oe fares aedter.—— (1) sel fret cee at
TPT SVT SH SH Welt BY aet Tet ara S Sater aly Mt Safes Uh arrat at Ta
Byars st ante a ate fer} sheesh, Tel are & fes Ve wired a,
fara fs fafea fren ora, fafea tfa 8 archer at we
(2) 39-90 (1) 8 ef et Te feet artes at Grae we Sat MiferHRT,
aritenedl Ht GA 1 Baa Hea 4 Ta, sa are a, Pras fer fares
arta at rat &, ge Saas ee we aT SA ee eee ACSA we
fafateaa arf SFT |
10 T?weeIn th atl Wires ten alse, 1980 One 7
CHAPTER-II
‘AaI-3
Aid, Accounts and Audit
aera, TS atte Sereear
7, Grant of aid to recognised institutions - (1) No aid shall be
claimed by an institution as a matter of right.
(2) Unrecognised institutions shail not be eligible to receive any
aid. z:
(3) Subject to such terms and conditions as may be prescribed, the
sanctioning authority may sanction and distribute aid to recognised
institutions from time to time in accordance with the procedure as may
be prescribed.
(4) The aid may cover such part of the expenditure of the
institution as may be prescribed.
(3) No amount out of aid given for salary of the employees of an
institution shall be used for any other purpose.
(6) The sanctioning authority may stop, reduce or suspend aid on
breach of any of the terms and conditions prescribed in this behalf.
(7) The amount of aid may normally be paid to the secretary of the
managing committee of an institution but, in special circumstances and
for reasons to be recorded in writing, such amount may be paid to any
person authorised by the Director of Education or by any other officer
empowered by him in this behalf.
7. UATE WIT SATA BY TELAT ST BE. — (1) ied titerer
wera & fere gen afta ere et Pear aT |
(2) starr Ferd ag A aerrn wea wea at aa et PT
(3) a frarrt ait val & ores tea gy, i fen fated at ory, tat
ited tel wiser a apa, Sat fer fates a sa, Ara wa eens Bt -
BAT WL ART Ha ae fants ae TM |
(4) Garam & septa Se H Se sr ST APT Kt Tae far fee fates
fran SFT
_ (5) Bret ear ey arta & oer & fore Sh et aera AO feet st et
wr Sam fart it srr eter & fee sel fen aT
v.
ema 7-9 Teens ait acer Hire em aria, 1989 iH
(6) Aad orient ee fala fates ferret ot Fra atk af ar im eA
RAR Hl ae, BA er ahaa ST BHT |
(7) Sera Fh Geo Baa: fea Ge at ers ahh & ahaa Bl Gen
Ft Saat farq fave oiftataal 8 atk cass fed ar art areal B hel car
frrat Prewran & gra a Seas srt sa Patina aera fered re fare vt rea safer
& era sifigse fore sit cafes et ga St Sit aa |
8 Accounts and audit - ({) Every aided institution shall keep
accounts in such manner and containing such particulars as may be
prescribed.
(2) The accounts of every aided institution shall be audited at the
end of every academic year in the manner as may be prescribed.
(3) The Secretary of the Managing Committee shall, within six
months of the end of the academic year, submit to the Competent
Authority the audit report.
8. ore aftt dagen. — sil ar glial ali iiiiihaal
ath wer tat fafareat et sh fated wt srg |
(2) Tes Tera ors GEN Be Seal ot atten weler fees a a ara A
tat df 3 oat seh at fated at at
(3) were ofofe an afaa tats ad at atta 8 we Are & sires
aatten fete Barn waferaent BI we BETH
CHAPTER - IV
aea-4
Managing Committee
were Bitte
9. Constitution of a managing committee - (1) There shall be
constituted a managing committee for every recognised institution.
(2) The managing committee of every recognised institution shall
elect a Secretary from amongst its members. An employee of the
institution shall neither be the Secretary nor the treasurer.
(3) The Secretary will perform such functions and exercise such
rights as may be prescribed.
9. Ware afer at et. — (1) We ART oe een a fag ea TY
witfa aise Ft eT |
eT 9-10
(2) Ferm Fa ocd Sen Sl sees wit at wee Fa Sl we aha
Pralfaa sot en a ae st etart 4 at aise zm, 3 at stene
(3) afaa te geil ar frdgo att 02 afirent an vin won, i fated
Fart ard |
_ 10. Powers of the State Government to take over management -
(1) Notwithstanding anything contained in any law for the time being in
force, whenever it appears to the State Government that the managing
12 TSI Te ATEN Wise Aen sifizi, t9g9
joomntttng of any recognised institution has neglected to performany of
ithe duties assigned to it by or under this Actor the rules made thereunder
or has failed to manage the institution properly and that is has become
necessary in the public interest to take over the management of such
institution, it may, after giving tosuch managing committee areasonable
opportunity of showing cause against the proposed action, take over
* such management and appoint an administrator to exercise control over
the assets of the institution and to nun the institution for such period as
the State Government may from time to time fix.
(2) Where, before the expiry of the period fixed under sub-section
(1), the State Government is of opinio# that it is not necessary to
continue the management of the institution by an administrator, such
management shal] be restored to the managing committee,
. +240, UL CRSA ST aR ORT AHA eat fart. — (1) TTA ae fare
fate & finch ara eid ee A es Ae al ae eel Cer weit BT fe fers ATT
BIS See set pars Blaha a aaferas ar ages TA Ta Pree ah gra or area
we aAgatere frei vt arial & Prete Ff stan at F an ag Sen an eafad BT
A werd BEF fone wel atk Ae fee dei Gen w years Ue Hon Sealed a
ALAR Cl TAN S Hh AE Ue Te Hl Tee lia al TEM My sh fares BH
afte ae aI qfeager sarar 3 H orany ta veer Ht Ter ar ent ait tat
Treats & fara at Tea aa ae Oh Para we, Hee aa anergy Ve Fae
Tet aan Sen wi Tea & fae wee Fraga At aT |
(2) se, 39-ort (1) & ala fra arora at ceafia & oe, Ty aH
ah ae wa G1 fn Gen aa WaT were SRI aera STA TET Sree Ae eat
Ten yaat-were Baha at wearada at fear aT |
1. RR ARH Y, 19 (9) fiver-5/93, friar 11.8,2000- te acand Sifter demi t geste ten T
arta afenttal et et moras Pye fra ore we for oi tenet Y wares a gu oe aE
cafes pera tera, 37 ene hE a a AT OFTEN TA ( SSA AT 103) |
2 ARE ea 4. 19 (9) firen—5/93, feate 15.9.2001- he gerd See dena F vere cont
art &e state Tf (ane WeT-126) 1
—~
pe
:
a”
TR fh ate tibrs den afar, 7989 13
CHAPTER-V
wearg-5
Properties, Transfer and Closure
Mahal, saw ait ae fara aA
11. Administration and management of properties of
institution ~ The Secretary of the managing committee or any person
duly authorised by the managing committee in this behalf by a resolution
shall, on behalf of the managing committee, manage and administer the
properties and of a recognised institution.
11, Ceara ant areata ant were ait ware. — weary afais a ahaa
age fafa sary afte are fret teed er wey BH A wafer ae ot ata alee
vary Biaie at aS Ree Arse wee eT a ET aT aA areca ser ar SAR
TRA BUM |
12. Annual statement of properties - On or before the 1st day of
May each year, the secretary of the Managing committee of an aided
institution_shall furnish to.such officer,.as_may be authorised by the
Director of Education in this behalf, a statement containing a list of all
immovable properties belonging to, or possessed by, such institution or
in which it has any other interest, with such particulars as may be
prescribed.
12, Beha wr aiken faaor,— ves ae oe S yen fer oT eee
frat aera ord cen set were atata ar ahaa Ce eater mi, fare feren Freee
3a Patra vifopa at, Cel eS Bears a Tae est Tl a he ores Sea
aig ara fed Gi, TART IER fea a Ge Fat Val Fafhieal afera, st fem fate
awd, aah aa aren we faa vege BM
13. Prior approval for transfer of management - (1) Whenever
the management of any recognised institution is proposed to be
transferred, the secretary and the person to whom the management is
an 11-13
. proposed to be transferred shall, before such transfer, apply jointly to the
Competent Authority for prior approval of the transfer.
(2) An application under sub-section.(1) shall be made in such
form and shall contain such particulars as may be prescribed.
14 TERI FR een Vee Gen afar, 1989 URI 13-14
(3) The Competent Authority may, on receipt of the application
under sub-section (1) and after making such enquiry as it thinks fit,
approve the proposed transfer subject to such conditions as it may
impose or may refuse to approve such transfer :
Provided that approval shall not be refused unless the applicants
have been given an opportunity of being heard and the reasons for such
refusal are recorded :
Provided further that where the application is not disposed. off
within six months from the date of its making, such approval shall be
deemed to have been granted.
13. VER ARNT ea Yes arpa. — (1) Fe Het fee wean ort
BEN Tere oar sree fever aT weafad et at lea att ae Saher, Fae Warr
aaifer fen ar vented t, aac a aren & fe, 2S arace a ys wea
wien et aT BIS raaT BA |
(2) 3a~URT (1) & are Rear ar ad anded tA wee F fen se aie
weet tel fafahicat whit oi fates Bt ses
(3) aaa woftradt So-unT (1) & aes ards wre BAR sik Ua aia,
Mal fen ag afar Waa, Be Be EAT Meee Sey wT, TR geal Be eels, Sat
fr ag siftrofta at, qa a GA aT RS are I apes ila a FSR aT
wa:
ey aye O ca cen Ser el fever wre wea aw fee oTagat at qaers
wl Haat 7 fen we Bt sik Be gan & ane afufafed 4 wy fea 7a wi:
Wey 7e ath fr Wel sider BM St aha G we Are % viet sndes a
frreng set fren a, agi Ger anger fen gen aAeT aT |
14. Closare of recognised institutions - (1) No recognised
institution or its class or the teaching of any subject therein shall be
closed without a notice in writing to the Competent Authority. It shal]
have to be shown that adequate arrangements have been made for the
continuance of teaching of the students for the entire remaining period
of study for which the students had been admitted or for the refund of
the remaining fees, if any, paid by the students.
(2) The period of notice under sub-section (i) shal! be such as may
be prescribed and different periods of notice may be prescribed for
no
=
i
O
*
an 14-15 Tsar *k een tas Hear afer, 1989 15
different classes of institutions having regard to the period of each
course of study.
14, ATTA ONT ET AT ee FRAT SAT, — (1) eS st aa TT eT
See en Seren sae Fret oh fara ar searas wer wiser a fafa BT
a alg fee fea fon ae sel fare eT | ae efeia eRe aT eT fen Te a
a aahre wage srerafa A, free fer fe foenfefat at vel fear var en,
Prenat ar sere are TEA TT rat & ar He whe & arafere, aie HE gi,
% ufaera & fre gate ga He fey 14 Fi
(2) 3o-eMmt (1) & area aes at arenas get een Fare fate at Ta
afk wets organ a arena at ears FH Cad Ey cere wt H-Fea ent
& fem Aifes at fra-P aimafivat fate at at weet |
15. Prior approval for transfer - (1) Notwithstanding anything
contained in any Jaw for the time being in force, no transfer by way of
sale, mortgage, charge or otherwise of _any right otinterest-in-or
possession of any immovable property of an aided institution shall be
made de except after makin 1g. an applicatio oninthe prescribed mannerto the:
Director ‘of Education or ar an officer ‘authorised by himi in this behalf and
obtaining prior ¢ approval in writing |
Provided that where the application is not disposed off within six
months from the date of its making, such approval shail be deemed to
have been granted. —_—
(25 Any transfer made in contravention of sub-section (1) shall be
void.
(3) If the Secretary of the Managing Committee of an aided
institution commits default in furnishing the statement under section 12
or furnishes a statement which is false or incorrect in any material
particular or acts in contravention of sub-section (1), the sanctioning
authority may, after giving an opportunity of showing cause, withhold,
stop or suspend aid to such institution.
(4)In the event of an aided institution being closed or discontinued
or its recognition being withdrawn, the Secretary of its managing
commitize shall handover to the officer anthorised by the Director of
16 THRU FR ACHAT Skew een afar, 1989 oT 15-16
Education in this behalf all the records, accounts and the ne
and possession of properties of the institution.
15, sear ce err gales. — (1) cee vga feed oh fate A fend
aI WH Bld Ee a fel Sere wea Geen oat feat ve cere aah AH fiped vit
after a fee a a cach es I fae, TH, WI TA aT ae fea
aren arg at sacar Bren Freee a sah SRI sa Plies onftrqea five aaftreett at
fafea ta @ andar aes ath fafas yalpaiea wea el 4% fears set fea ae;
WY agi AAT a Sy aa a Be ATV ASS a enpapieae
ra, Bet Ter septs faran gan THM sre |
(2) 3-8 (1) & secter F faen en ag Tt oe ys eT
(3) afe fret aersa wrt Hen Bt wera ahafa ar ahaa era 12 & ats
foram 29 4 caftann ara 8 a ten farm oon t fora) aad often Pafhiite fren
Me FW VI-aeT (1) H secies F Hd Hen Fat Hae wise arco aA
Hl OR Stra 49 Wea tet sen wt aera BH Tee Ga a ae wT Preafeaa
a Ta |
(4) REPT TT GER He Is HCA HA A TRL TSF SS TT TT
fe SA a ae A Sart wars alata a haa dene wwh afte, BS stk
areata ar wera si woe Fer Pree rT ee Fats safle aaa a ay
m1
CHAPTER-VI
STeqTI-6
Conditions of Service and Tribunal
tar at ord atk aiftrarcor
16. Power of the State Government to regulate the termis and
conditions of employment - (1) The State Government may —_
the recruitment and conditions of of service, including ing conditions relating
toqualifications, pay, gratuity, insurance, age of retirement, entitlement
of leave, conduct and discipline, 0 of persons appointed as employees of
aided institutions in, the State.:
~—"Brovided that the rights and benefits accruing to an employee of |
an existing institution under the grant-in-aid rules in force at the
commencement of this Act shall not be varied to the disadvantage of
such employee:
pe
ec
oi
it
aT 76-17 awe fk aan Tee den afePrm, 1989 17
Provided further that every such employee shalt be entitted to opt
for such terms and conditions of service as were applicable to him
immediately before ihe commencement of this Act :
Providedalso that, irrespective of the age of retirementprescribed,
action may be taken for compulsory retirement of such an employee
aftercompletion of 25 years of service or on attainment of the age of 50
years whichever is earlier, in accordance with the procedure as may be
prescribed.
(2) Every recognised institution shail constitute a provident fur fund —
for the benefit of its employees in such manner and subject to such
conditions as may be prescribed and contribute to such fund and pay
interest on the deposited amount at such rate as may be prescribed from
time to time.
16. 1] en et Pas & Preraril ait ef ait fafrafea act ait
vif. — (1) 099 arn ts F ah Geran Set eee & aan Sw
Paar coferct at areaet den, sae, stm, Sahight at ary, GAS os, ara
afte appara d aeatera wal & afta, wet atk dar at wal oar Pare ar aah:
HR FS Saher ah a Sh GH eT BETTT-sAgars Pra a area Pett
fam dens fel wetant a Megs ae steel aie wae at ta ater
& afer A emia set fer wee:
eq ae sth fis Car wee art Ben WS Freer site weil & fore farener
3 HER eT a ya afer w wey} she Vs sa My 8;
Wey Fe it fe fates Sarlrgfe at org wR ears fed fort 25 at at Sen Bt
UR Wea a 50 a8 St ay wes aA ATH, BH ves a, BS aenhad at
ata aantrafa fore te wife & arpa, set fate a ara, srdaret at ar
Tat
(2) Setar APT ores Heer ars aaenital Sh core & fora, Cat hr a athe
Ue wal & aes wed ou, het fe fafa at ard, wen fae fay a nar UT
Sh tat Pies afters atte sorcery oe ore at ars Ua ae a HET ae fe aT
are Tt fae al HF |
17, Recruitment of employees - Recruitment of employees ina
recognised institution shall be made either after open advertisement in
18 Tater 7h want Sifire den aftr, 7989 On 17-18
a local daily newspaper or from amongst ihe candidates Sponsored by |
the employment exchange in the manner as may be prescribed. 17, sateneat oat wel.— fare aren area een atentead at ac ap
oh earite Sree ara 5} Hagen fran dare an Petars araterer gra tal tt
3, Shit at fated st are, A A aah Fa at ara |
18. Removal, dismissal or reduction in rank of employees -
Subject to any rules that may be made in this behalf, no employee of a
recognised institution shal! be removed, dismissed or reduced in rank
unless he has been given by the management a reasonable opportunity
of being heard against the action Proposed tobe taken: SST
Provided that no final order in this regard shall be passed unless
prior approval of the Director of Education or an officer authorised by him in this behalf has been obtained:
Provided further that this section shal! not apply,-
(i) toa person who is dismissed or removed on the ground of
conduct which led to his conviction on a criminal charge,
or
(ii) ~~ whereit isnot practicable orexpedient to give that employee
an opportunity of showing cause, the consent of Director of
Education has been obtained in writing before the action is
taken, or
(iii) Where the managing committee is of unanimous opinion
that the services of an employee car not be continued
without prejudice to the interest of the institution, the ©
services of such employee are terminated after giving him —
six months notice or salary in lieu thereof and the consent
of the Director of Education is obtained in writing,
18. alate er eerar arn, Tae area fee ae —— aa Pare Fran e remit ted 2a oh age Pafirs aaa ae, feet Aman wer deen
wert at wa Wee eer, Raegn feat ar wera Pare tet oe aa ae Pr sa
eat oi & fore weed wriandt & reg were gro grag an agian saat 7
Fea TT Bt: ‘
RT 18-20 Taar tk wea Sire tem afeera, 1989 2
Te Fe wea ai ais ht APTA ater ta ce after ET Peer HT eA TE
fr fren Proeem a seth oro ee faite wafer feel safer an gaipies wet
fer 7m EI:
™ weg oe aft fir ae ure Preafefad eR ary Ae ert,
G) feet ta oafira cy, fat ta arse sere oe gee fee A TT,
arene st fore aarrafiee sree a serail ere-fafes ar sere AT BT,
a
(i) Wel se arta ar ere aa Hee ST as TT in
ael ertard aed & fren Pear at faias ania ara sat att
, al
(iii) serra ene re ee
& fea ot vitae we sre RT Se] ae Tat or Get at
aafantat dart we ara ar aifke asa Tea Wa OF oh TAT,
wre ae Td Bi site fren Pree at feafea wets ea He ot Te
Bl . ue k
19. Appeal to the Tribunal - (1) If a managing commifee ss
aggrieved from the order of refusal made by the Director of Educa 7
under section 18, it may prefer an appeal to the Tribunal sail
under section 22 within ninety days of the date of receipt of such or er
(2) An employee aggrieved from an order of the ariel
committee made under section 18, may prefer an appeal to the sai
‘Tribunal within ninety days of the date of receipt of such order. a
19, arecar eat anda. —— (1) af yar BEAT, pl eee
frau any fea 73 gor aee B wate F at ae UA ser
dae fis & vt vier one 22 & ate Tse attrac Bh arate we on
(23 sa it alr nell nde
2 ane at ofa st ante 8 90 fea sitesi san aint Ht
™ *, Contracts by employees - A contract between a recognised
instifution and an employee, whether made before or after the
commencement of this Act, shal}, to the extent that it takes away ”
right conferred on such person by or under this Act, be nui] and void.
20 Tea FR aat Vk tien afer, 1989 RI 20-22
20, ethane gra afsent. — fe ae we den sik feet estert
ale wt Sy aioe, wre ae Fe athe & ren a yt at eh el area way
ae aint oe fare Te ae ga sehen a area seis 0a asta St ue fect
at fren at dha &, apa ik ys ert
2]. Application to the Tribunal - (1) Where there is any dispute
between the management of a tecognised institution and any of its
employee with respect to the conditions ¢f service, the management or
the employee may make an application in the prescribed manner to the
Tribunal and the decision of the Tribunal thereon shall be final.”
(2) Any dispute of the nature referred to in sub-section (1) and any
appeal of the nature referred to in section 19, pending before the State
Government or any officer of the State Government immediately before
the commencement of this Act, shall, as soon as may be after ‘such ~
commencement, be transferred to the Tribunal for its decision.
21. SRereRTOT aN ST. — (4) rei Peseta rea Ren Bs were athe
wees ferct tant a aha F Gar et ert By arora H ad fare Gt ast wees aT
artant fated Ora SPT Ae Bea IN TAK afer an fare
aia et
(2) 39-4RI (1) ai Fife verre oar ah Gea fare atk are 19 Safe
al ale Cat arte, sit fia ge ania & orcas & Sten eel Td AEE UR
& frat arftrnrt & were eft Ht, Oe ores & orang serra vite shea st
wae Freee & fee erate ae dt arnt
22. Constitution of the Tribunal - (1) There shall be constituted
by the State Government, by notification, one or more Tribunals for the
purposes of this Act.
(2) The Tribunal shaij have jurisdiction over the whole of the
State or such area as may be specified in the notification.
(3) The State Government shall appoint a Judicial Officer of the
rank of a District Judge to constitute the Tribunal.
22, afreruraraey.— (1) TT ATER EM, agar En, Fe ater
® waned % fea we ar safes safe aa er fiver sre:
(2) afta at after wept ug a ta aay ari fra afer
A faite fea aa
e
e
e
e
ORT 22-25 wares Ae ard Bikes Seer fai ers, 1989 21
(3) Ta BAR saftey a Tas eet ® fisy fren ait wt ter a
=ifte after Freysa BOT |
Drea te cent airs deen afar, 1989 st ery 22 A yee May
a yatT aea Be ee aaah oh ararla Saya ANH Hl PAF SAH PA HT
3g 01 TER WARE, THI Fe aR Shee eM aie ST TST HE FI
mae aaferencor sal arfrenicen eel Tareas UST HL SET aN SRL HT STs
wag A PT |
ay weer siren & fare faren ay, BR wl Safer aaferne Pepa
put]
23. Functions of the Tribunal - The Tribunal shall entertain,
hear and decide appeals preferred under section 19 and the disputes
referred to in section 21. ,
23, siren tur a aa. — aihreneoy UN 19 Bh area a Tal artel SN SAT
21% fafée faene oem oT, Sas GATE sik farvas BET |
24. Procedure in the Tribunal - The Tribunal shall follow such
procedures as the State Government may prescribe.
24, aftrror et aera. — afterca det viper a sper om Bat fer
The SER falas ae |
25. Powers of the-Tribunal - (1) The Tribunal shall have the
same powers as are vested in a Civil Court under the Code of Civil
Procedure, 1908 while trying a civil suit with respect to the following
matters, namely:- -
(a) enforcing the attendance of any person and examining him
on oath;
(b) compelling the production of documents and material objects;
(c) issuing commission for the examination of witnesses; and
(d) such other matters as may be prescribed.
(2) Every proceeding before the Tribunal shall be deemed to be
a judicial proceeding within the meaning of section 193 and 228 of the
Indian Penal Code, 21860.
25. attractor at gifeRrat,— (1) sitar tbiflereret rome
A aah at wfecrai sit Sah fie fale vier Siem, 1908 & sei fret fafa are
a fara aa aaa fafaa rere 4 Fig stat €, areiq:-
(a) feet cafes si cise ween SR Ia O TaHT Than HET;
1. SB eT. 7(73) feren-6/74 Fea 3.6. 1993, Published in Raj. Gazette B.0. Part
1(Kh) dated 15.10.1993, Page 391 -
ol waren th avant hte der afafem, 1939 ‘eri 25-28
CG) qerast sik aftan aaa sr te act & fee fra en;
(1) aise ai aten & fare a art HER; sik
3) 08 a are ot fe fate far ae
(2) afer 3 org al were ordeal ania we dfsar, 1960 at ara
193 aR 228 & srafsitia maton sartaret gh Tet |
26. Decision of the Tribunal to be final - The decision of the
Tribunal shall be final and no suit or other proceeding shall lie in any re
Civil Court with respect t0 matters decided by it.
26. aaferentor as fatagere an arta aan. — sitter an faieee site
ahr sth wate aie fatreaa aril eras 3 fire of ffir area A ag ar
a set aerdatdt wet SPH |
27. Bar of Civil Courts - No Civil Court shall have jurisdiction
to settle, decide or deal with any question which is by or under this Act
required to be settled, decided or dealt with by the Tribunal.
27 Ff eter =areareret 3 Fer erat, — feat of fatecr ene a UR Pet
Vyer sl aaa fathiaa eel sae arial eel a aftranhien ei ert fara
Fe afabied & gre a seit Sita emt a a fated fea ae a sa
aprdare} fasar sire arafane & 1
. At7, A-Execution of orders of Tribunal.— The orders of the
span deciding appeals preferred under section 19 and disputes
erred to ih section 21 shall be deemed to be the decree of the lowest
civil colt having territorial jurisdiction over the local area in which the
resporident/s against whom the order lias been made, ordinarily resides
or carrie; on i business or personally works for gain and shall be executed
as ciel ry § such civil court. ]
27a sibeeit & sree ar Freier — wre 19 & aes tet
apthati site iq 24 2 fate feerdl a ateae sea aren afer a ander sa
waits daw, fred tar viel, frat fares onde earn’, arp ake a Frere
Sate aa weal ta a freee am een’, ate ater eat
are aad free fafa sare at feat wae arene ait ta fates sree sre
wat 4 F fronted fare aren |
; 28. Code of conduct for employees - Every employee of a sted a |
institution shall be governed by the code of conduct as may be py: and
1. Inseited by Rajasthan Act No. 10 of 2003 (w.e.f. 8. 4.2003)
1. 2003 aH afuPrerd 3. 10 x8 seating (8.4.2003°8 WH), Us BAN 2(7) Pafv2y2601
fea 27.4.2003, BRO Wz fren Tan Ta, WaT fateh i 4) Fes 22.4.2003 wanfine
a
URI 28-29 Tar th acard sifere den sfatran, 989 3
28. artaneal & fer sree Algal, — Pere AT Ws PEN eT
apdart teat aracr aire a anfaa ern st fea fated at are sit see ERT tet
kare feat sft aua-y a afr fend art we ten antand separaten araet
aa uett eT
29. Pay and allowances of employees - (1) The scales of pay and
allowances except compensatory allowances with respect to all the
employees of an aided institution shall not be less than thase prescribed
pe a
for the staff belonging to similar categories in Government institutions.
(2) Notwithstanding any contract to the contrary, the: salary of an
employee of a recognised institution, for any period after the
commencement of this Act, shall be paid to bim by the management
before the expiry of the fifteenth day or such earlier day, as the State
Government may, by general or special order appoint, of the month next
following the month in respect of which or part of which it is payable :
Provided that if at any time the State Government deems it fit, it
may prescribea different procedure for payment of salary and allowances.
(3) The salary shall be paid without deductions of any kindexcept
those authorised by the rules made under this Act or by any other law for
the time being in force.
29. cpanel amr dart alte ont — (1) frst sera wre deen ait
spbeneatt ae ear A Serres sth a, itera Tet cat SSH, TEAR TET
Aaa St want 3 crear aeterheat & fed fate arta ah wat Baa eT eet
(2) faretrafieger sfareres wre ge of, fare rere ore seen & Foret wet
area sate a oe Ger a fen wt sprerafir ar aes Ta Ava &, foray
afar fret wer aaa A ae aaa g, chen sere are & ted fer a Ue feet
asad fart set, fare for Tee crepe Bra aT aes ate ETT Pra we, TAN
ye wee BRI TS ties ear aT:
Tey ate frat of eer ea a shat TA at athe srl & dara
fern and Fira after fale FT watt 1
(3) am, Hr weit a stem, at fe ee afr & air art 74
frorlt groararerra aga fire Starafafrerrmtaga®, fet st uiferst wate
fat fen tiga fra aT
24 Tsar Te aca Bis Ten afar, 1989 URI 30-31
30. Inspection for payment of salaries - The District Education
Officer or any other officer of the Education Department not below the
rank of the said officer may, at any time, for the purposes of this Act,
inspect or cause to be inspected any recognised institution or call for
such information or records (including registers, books of accounts,
vouchers, etc.) from its management with regard to the payment of
salaries to employees or give to such management any direction for
proper management of financial matters (including prohibition’of any
wasteful expenditure), as he thinks fit, so as to enable the management
to pay salaries to the employees regularly and the management shall
comply with such directions. .
30. Aer eh Mera aT Peder. — Foren fare anfivenett an fran far ar ate
aftrert, st san caftent 3 are at te a @, va afte & water & fae
fore ft aren area eee ar fee ot ara Pater ae aT eRe wa oT aT
oat S wate tet yer a aficra (chard, Meal yer, areal safe wt
aiafen wet Cz) seer Nas A A Bae Ti arheaftat a aaa ar Prat es
A aera Bet A wate a el aa Pe farce ame a (fered fare stars aT
wrese Baier ¢) aaa wearer & fore OS wary at ang ter Fee 2 warm st ae
afaa waa afk were (a Peet a wer OT |
31. Payment of salaries - (1) The management of an aided
institution shall disburse the salaries of its employees by account payee
cheques : ‘
Provided that the Director of Education may, in special
circumstances, direct, by general or special order, to disburse the
salaries of employees in any other manner as he thinks fit.
(2) In case the management of an aided institution fails to pay the
salary of its employees as referred to in sub-section (1) or in section 29,
the Director of Education or any officer authorised by him may deduct
such salary from the amount payable as the next grant-in-aid, or if
necessary, from the amount of any subsequent grant-in-aid and pay to
the staff such salary on behalf of the management. Such payment shall
be deemed to be a payment of money to the management of the
institution itself.
SIRT 31-32 {Rear AR arent Sikes Ten afr, 1939 25
31, aa ot Ware.— (1) Bera ws Gen a wearer ary aaa
Ser or Sf Werrse Tel Seal Gr HUM:
Tg fren Fresen, fers vitieetrat 8, errata % daa an df tat
feet vt ora Of 8, a ae saa wae, Ber fre are ay fasts sreM gtT
Freee yaT
(2) feet wera ora Gen H Senha & Vas sr ers TI-aTT (1)
Ayam 29 8 fates wa a SE yay & fone tes et en A fre freer an sas
Bru wierd Be ot sr SER aeTst aerr SE wd H dee tH AS
ay, ae aan Bt at, Peat wt azar aeraa seer A A, ta Bear at eh
, SCT ah werd st ak 8 entanital wt te art ar See aA Geo VT
sa en very at ST fae Ta oF tigre WH STAT
32. Recoveries of amounts due from aided institution -
(1) where, at the commencement of this Act or thereafter, pursuant to
any agreement, scheme or other arrangement, any salary or other dues
are payable by the management of an aided institution to its employee
according to the scale fixed by such agreement, scheme or arrangement,
the District Education_Officer or the Competent Authority may, by
order in writing, direct the secretary of the managing committee to
deposit, with him the amount so payable.
(2) Before making an order under sub-section (1), the District
Education Officer shall conduct an enquiry as to the amount payable to
the employee in such manner as may be prescribed.
(3) An appeal may be preferred against the order made under sub-
section (1) to such officer as may be empowered by the Director of
Education in this behalf within such time and in such manner as may be
prescribed.
(4) Any money due from the management under the orders of the
District Education Officer, or where an appeal was preferred, under the
orders of the officer making an order in appeal shall be recoverable as
an arrear of land revenue under the provisions of the Rajasthan Land
’ Revenue Act, 1956. Such money may also be recovered by setting it off
against any sum due to the management from the State Government.
Any amount deposited or recovered under this sub-section shall be paid
to the employee concerned.
26 Tare 3h ara thre den afer, 1989 OR 32-33
(5) Any amount due at the commencement of this Actor thereafter,
to the State Government pertaining to any aid given or grant paid by the
State Government may be recovered from the management as an arrear
of Jand revenue under the provisions of the Rajasthan Land Revenue
Act, 1956.
32, Hevea wea tere ¥ vier want st agferal— (1) ai, 74
afatran & oreay ea aaa Peet it HU, Sala aT ar oe } aq A
Ta SAR, GHIA TT STs SA Prada & arya fare erre wres He
Snr San See a a BT eT ATT A ory Ay ada et aei, fren fare aftr a
wren MITC ar Re Be AAT A FI MEN AT TH ST TTA STAT ATT HT
Frew ferfian area ERTS aT |
(2) 33-47 (1) } anit sree Ber & ye Foren Peren fered setae wt
Hea THA & aie Ff teh Ais a ais er St fatea at ara
(3) 39-270 (1) & arta fend 14 onder & fares arte te aftr aA,
fara fren Freee ere 38 fire eared farm ora, Ge was ee flatshare sie Bet
Tha 8 set on weet st fafa St Tet
(4) Foren fren sattreerdt & seat Ss sree are acter at eH eh ae, atctet
Hare et ae aiftennt & areNt Be ares wary S eee aes ot eT TTT YE
Tara aafarras, 1956 & sual & ares Torey oa are a eA Ty ST |
Tar FT USS THK BRT Wars eat Ba eat et Uf a yaa Hes Ht age fear oT
WaT FAST OT ae OT aT A aa TA ats hh eps afte Sa
al HeT Bl TTT |
(5) et Safe WT TT ATRL TT AER BT et et fee ERAT
a See SE St Ue wea wa wae shee Wer a USI LURE
aqfufran, 1956 3 anita y-Teree Ht aera & eq AF ages EPtt
CHAPTER-VIT
ROTA-7
Offence and Penalties
array aft gnifttat
33. Penalty for transfer or closure of a recognised institution
without notice and without satisfying the competent authority - Any
person who contravences the provisions of section 13 or section 14 or,
where any such contravention is committed by an association, every
UR 33-35 TRA te aad Hee Geen atta, 1989 27
member of the managing committee of such association shall, on
conviction, be punished with fine which may extend to one thousand
mpees:
Provided that such member of the managing committee, who has
not participated in it or, who has not agreed upon such decision, shall not
be liable to any penalty under this section.
33. Alien fea fern aie warn orient ar aes fend fan arr IT
Teen & arco an arg fend Sr epreor safe. — ay vit cated, BY eT 13
WMG 14 BT Sees HT S MT, Hel BE Ven seers Pere Gy ge fev we
2 agi, ta an at vere ofa ar pets Gees, ciofais wv, 8a aA a, ste
SA VT Te Bt VAM, SStta ST ;
Weg Fars Bhar er ees Pa Sa vam et fereaT BI T SH BA Frat
2 Gems 7 Ean By, Fa MU & sreta Pea ener ar A Tet eT
34. Penalty for not discharging the duties of secretary - A person
whocontravenes the provisions of sub-section (3) of sectton9 or section
12 of, where any such contravention is committed by any association,
every member of managing committee shall, on conviction, be punished
with fine which may extend to one thousand rupees :
Provided that such member of the managing committee, who has
not participated in it or, who has not agreed upon such decision, shall not
be Jiable to any penalty under this section. '
34. Abra & adel ony Prdgar taal HOT enh. — Be wala, a
RT 9 St SI-UAT (3) A UAT 12H Bra or SETA HUM ET, sel Ter Hy
seein fat TH ere fan ore 2 ai, Ga ary at very aife Gr ar WAS,
Safes we, BA Ga 8, a wa GaN wea aH aT BI BT, aves eT:
Te Ha eh Hr Ter ey HAA SO HT aT FeTaT Bt aT att Be Fok
4 Bens A gat Zt, ga sma th oni fret wifes a anit wet eH |
35. Cognizance on complaint - « No court shall take cognizance
of an offence specified i in this Chapter except on the written complaint
of the Director of Education or an officer authorised by him in this
behalf.
28 User 7h arent Bikes Hen aiff, 1989 UM 35-37
35. Uftere at Had. — tg St ae Fa eae Ff fahfhe fect araret
aA Gar fiver freer a1 Sem gro ca falta were feel arfieend a ferfiad vitae
® faarg Tel OT
36. Government's power of review - Notwithstanding anything
contained i in this Act, the State Government may, on its own motion or
otherwise, after calling for the records of thecase, review the order made
by an authority under section 6 or under sub-section (6) of section 7 7,and- and
(a) confirm, modify or set aside the order, .
" (b) remait the case to the authority which has made the order
directing such further action as it considers proper, or
(c) pass such orders as it deems fit :
Provided that no final order under this section shall be made
unless the aggrieved party is given a reasonable opportunity of showing
cause.
36. tn at qaltetant eat yifae.— ga afer A ferct ara & tt
Fe hl, Ts ER, SNOT ST aa, TG ar aafiches TeAT UTT 6 Be oT
. we Py ands Be a
we Tat, at
(®) aren at ye, sorafta a ares Bt Bart,
Ca) AMA w, samira, fret sre fers, a tet aria ae
aor free 2a ER ha Fat Hh ag Bhaa GAs, aI
(m1) Wa area? gant ot ae soya BAT :
WEY Fe SAT he Sly ATA ate Ta We sel fear area wa Tw fee
waft GARR HY HT Tat BT HIE Shera STARR el B fear aa |
CHAPTER-VIII
RATI-8
Miscellaneous
wetot
37. Removal of difficulties - If any difficulty arises in giving
‘effect to the provisions of this Act, the State Government may, by
general or special order published in the Official Gazette, give such
OR 37-39 ase fe ated Sian den ature, 1989 9
directions as are not inconsistent with the provisions of this Act and as
may appear to be necessary or expedient for the purpose of removing
such difficulty :
Provided that the powers conferred under this section sha! not be
exercised after a lapse of three years from the date of enforcement of this
Act.
37. waforgal a Freee. — ate ge sfehras & soa et araifaa
BAA lS HTS SOTA a Tes VT TG ene aT aT est STANT
BRI, te fren 2 sant ot ee Aha rae soa S area et athe st tet whoa
& Pree & wae & fee sreaern a ait wate a:
Tsao are wee Mae a dah ge ee aga a aha
Sd ad Sta SA & Tea ae fen Se
38. Officers to be public Servants - Every officer and authority
duly authorised by the State Government to perform any function or
discharge any duty imposed on him or it under this Act or the niles or
order made thereunder, shall be deemed to be a public Servant within the
meaning of section 21 of the Indian Penal Code, 1860.
38. oftrenrital an cree tam er. — Fe afar a aed TA TY
ferret sf Prev ar fart 1a sree os sels arftiftre eet ot oper ar ers ar fare
ot ator or fren ae & fed aan are aes BTS nha Wes alt
A DnftERy Meets aUE BEM, 1860 Bl MT 21 SH Sete cites Saree AT TIT |
39. Protection for acts done under the Act - Nosuit, prosecution
or other legal proceeding shall lie against the State Government or any
authority or officer or servant of the State Government for any act done
or purporting to be done, or for any damage caused by any action taken
in carrying out the provisions of this Act or the rules made thereunder,
39. afabran ay ai fare na erat ar Uftaro.— ga afufraar 4
aeun srt 1 Fra & saat at onraifae weet Ff fend ey on fart ary & fea
varceafeter ferret sit asrel Be are ay ves feet it saree ae ae EN eet sh aT
Se eae TT TTT Fares THT AR fet ot soft aT aaa aT aes
& fare a st oe, afieter a ara fatten aprierel sel et aaet |
40 THe IR went sifere seen safiPram, 1989 URI 40-43
40. Overriding effect of the Act - The provisions of this Act shall
have effect notwithstanding anything inconsistent contained in any
instrument having effect by virtue of any law.
40, arfiPrern arr searthet waa et. — za afer h aray, fire} vit
fats snore ae ret feat ait fora 4 fevett arena ata & eta Ee at wet S17 |
41. Courts net to grant injunction - Notwithstanding anything
contained in the Code of Civil Procedure, 1908 or in any other law for
the time being in force, no court shall grant any temporary injunction or
make any interim order restraining any proceedings which are being or
about to be taken under this Act.
41, Sera gre eareg ar at feat a. — fafa wissen Sisal, 1908 a
CT eye Peet of ome fertly B fara are a eta ee sh, ads ft rere ha Pare
sft arenet a, at fe ga ofahran & oreihs at a1 wet 2, ar at WA are 8, ares
ae fee ate it area area a ag at sea area AVT BT
42. Delegation of powers - It shall be lawful for the State
Government, by notification in the Official Gazette, to delegate to any
authority or officer of the Education Department all or any of the powers
vested in it by this Act and to withdraw any power so delegated.
42. wiferrat sar wearer. — Fran faut se fenet sit aeferent on aaftrertt
Fe atahan oro sa Fafa ee or ary ait aise wa—-sa A afte ETO
Sea are TAT A FE AA MCAT ST SHS a MafeRT ATT SA TES MAR Fea
fafrge eT |
43. Poyer to make rules - (1) The State Government may make
tules for the purpose of carrying inte effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for -
(a) the terms and conditions for the grant of recognition to non-
Government educational institutions;
(b) the maintenance of recognised institutions,
(c) the giving of grants-in-aid to recognised institutions;
@)* the levy,-regulationand’ collectiotroP fees in-recognised
institutions;
an 43 Tareas We Tet fires sen aterm, 1989 41
(ec) regulating rates of fees in recognised institutions;
(f) regulating admissions to recognised institutions which are
receiving aid out of State funds by making special provision
for the advancement of socially and educationally backward
classes of citizens and the Scheduled Castes and Scheduled
Tribes; °
(g) the manner in which accounts, registers or records shail be
mainiainied in aided institutions and the authority responsible
for such maintenance;
(h) _ the submission of rewrns, statements, reports and accounts
by Secretaries of the managing committees of recognised
institutions;
(i) ihe inspection of recognised institutions and the officer by
: whiom inspection shall be done;
(j) _ the mode of keeping and auditing of accounts of recognised
institutions;
{k) __ the standards of education and courses of study; and
(i) ali tatters expressly required or allowed by this Act to be
prescribed.
(3) All tiles made under this Act shail be laid, as soon as may be
after they a ate so made, before the House of the State Legislature, while
itis in sesdion, fora period of not less than fourteen days which may be
comprised i in one. session of ititwo successive sessions and, if before the
expiry of the Session which thiey are so laid or of the session immediately
fotlowing, the House *f the State Legislature makes any modification
in any of such rules or resolves that any such rule should not be made,
such rule, shall thereafter have effect only i in such modified form or be
of noefféci, as the case may be, so, however, that any such modification
or arinulment shail be without prejudice to the validity of anything
previously done thereurider.
43, Pat art at yids. — (1) a wean Fe affa & sgadi
waited aa & watered fram aT Bat
aia gn = a (a
. ig onic iin he poy ry gah do win
+ Me Bethe $e 1 Bese ta Tk lk ‘byhgpleb th WYAbInK IB fe bat BLS”
2 babi BE Mindbse i Gam fue pie Be hhh) Bee BR wey Ye beh ‘Ind
_ Mebale Yb Melb Bie ely fs fe) BD Lb Ue Snir Litas elk Phe LIBIE tp
lt ple See eh Des fp tty “wp en lb DY Qe a ‘s
* 4 Balls fe Je spouse fre eth Yo “aia Sp aptlee (ge by a fe it
bib ‘12 fe EBD Db bik ‘tin $ MBB DEnke-Linbt hasle “BYR bettie Tah
See “nhl BA le lle te de bbpmye 2b (E) | ta Die
eon ain iy ln ua ome Ce) .
i “hfe ‘haus bth die we Lue tay (2)
Sign paimonn ie ip Ge ¢ yemep aK me (&)
lf 8 ten i oto Bi (B)
HotsbipO tue JA Dike satay ‘uty
apne 2s AeA Aff eel ot Blt at (a)
{QUAI Hbbale| yp Inbable BR De lefella
2) BPhje lb dabiep ‘Bw b Heliedy Dik (PIAA BEMeS “YYO Bp (a)
*2 Pd deb Dulh WohdaH Be
phe ol Uo te iby Rt of eu Bal sn 9
_ Sph6 hetehe bibl) DIB blues [he Ibejuokie DejEte Due ypbye
bejREte Lad filo DE Shy Wh SAE te sbijlbih edule (ba)
‘Pitbilib] tb D> | Bich f [tetas Blk Whath ~(}
‘Indithe ie bizbketb} ‘nde Id Bich be Uelade Dall Diels (hh)
‘ee bibie jalbbiae (b fetter Bi whet (1k)
- Spmoble Yb Yell d Dik helt (EB)
‘pid Me bfeeble} DID) sp be Whatle Ju ftells sbi pire (sb)
“Hit US Unde] feelohe D3} Se DEY) fe Ylabbl
OR She} Bis bik Wz yk dh Ibsbhlfea Ye |PbeYR DPA Die *Paiklel (2)
€b Dik 6861 ‘bbbiile Uedh wralls bbe dhe Litepind ra