Rajasthan · 1974 · Act 18

The Rajasthan universities teachers and officers (selection for appointment) act no 18 of 1974

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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

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