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A~ i 5 OF 1$6$
O~ISSA
THE ORISSA EDUCATION ACT, 191;9

CONTENTS
PREAMILB
SBCTIONS
1. Short title, extent and commencement
2. Act not to apply to Ccrtain institutions
3. Definitions
4. Establislunent and rrcognition of educational inst i tutio ns
5. Application for recognition
6. Effect of non-recognition
7. hlstitutions to have Managing Committee or governing body
8. Maaagement to sand list of properries
9. ~estriction on alienation of property of aided institutions
10. Conditions of service of the staff of aided institutions
10-A. Services of teachers of aided institutions not to be ter~uinatcdwithout
approval.
1O.B. Certain institutions not cnlitlcd to aid
10-C.Constitution of common cadre a ~ its ~ dconsequences
10-D.Govcrnmcnt's power to issue orders during the pcriod of traiis!tiol~
11. Supzrscssion and reconstitution of Managing Committee or go~rerningbody
12. Accounts and audits
13. Management not to discontinue instilution
14. Inspection of institutions
15. State Advisory Council of Education
16. District SchooI Board
17. Incorporation
18. Resignation of membership
19. Filling up casual vacancy
20. Executive Officer of the Board
21. Functions of the Board
22. Board's fund
23. Orissa Education Development Fund
24. Formation of Co-ordination Committee
24-A. Constitution of Tribunal
25. Vacancy not to invalidate proceedings of the Board
26. lndemnicy
27. Power t o make rules
28. Savings
 ORISSALatestLaws.com
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ACT 15 OF 1969
'[ THE ORTSSA EDUCATION ACT, 1969 ]
(Recei~ed the msenr of I he V ice-Presicleni acting
as Preside~lton the 28th Jlny 1969, $rst pubfished in
an extrnordinnry isstie of /he Orissa Gazette dated
ih? 21st June 1969 1

AN ACT TO PROVIDE FOR THE BETTER ORGANLSATION

AND DEVELOPMENT OF EDUCATIONAL INSTITUTIONS IN
TJ3E STATE

BE it enacted by the Legislature of the State of

Orissa in the Twentieth Year of the Republic of
India, as follows :-
CHAPTER I

1. (1) This Act may be called the Orissa Edu- $gtt

cation Act, 1969. commence-
ment.
(2) It extends to the whole of the State of
Orissa.
(3) It shall come into force on such date as
the State Government may, by 2notifi~a-
tion, appoint in that behalf.
2. Nothing contained in this Act shall apply to A C ~wt to
.educational institutions of their choice established
and administered by minorities having the right tutions.
z;$:q,,,,-
under clause (I) of Article 30 of the Constitution.
3. In this Act urlless the context oth~rwisenefinitiow.
requires -
(a) C'Advisory Council" means the State
Advisory Council of Education established
under section 15 ;

I. For Statement of Objectp and Rcssons, & Orissa G u e t t c , extra-

ordinary, dattd the 1st July 1968 (No. 722) and for Report of the Scltct
:t3mmittec, .rte Ibld. dated the 26th February 1969 (No. 550).
*
-
2. Came into force w. e. I.15th October 1969-vi& Edumtion Depulmcn$
Notification No. VEMG-.205/68-24757,dated the 15th Octobtr 1969,
, published in thc Origxa Gazcrrc, dated the 31st October 1969, Pt. III, p. 981.
;( 57-73(a) Law ) ' ,
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LatestLaws.com
( 5ec. 3-contd. )
(b) '(aided educational institution" means a
private educational institution which is
recog~lisedby and is receiving aid from
the State Government;
(c) "Board" means the District School Board
established under section 16 ;
'[(c-I) "Director" means the Director of Public
Lnstruction, Orissa and includes any
other officer not below the rank of a
Deputy Director of f u blic Instruction
who may be authorised by the State
Government, from time to time, by
general or special order to perform all
o t any of the functions and exercise all
or any of the powers of the Director
under this Act and as the State Govern-
ment may by notification specify in that
behalf ; ]
(d) '; educational agency" means any person
or body of persons permitted to establish
and maintain any private educatioaal
institution ;
(e) "educational institution" means any mllege
or School, other than an institution for
technical education not under the control
of the Education Department of the State
Government, and includes the lands,
buildings, plsygrounds and hostels ofthe
e school and the movable proper-
~ U e g or
ties, maps and equipments pertaining
thereto ; ,

(f) "existing educational institution" means

any aided, recognised or Government
educal.iona1 institution established befare
the commencement of this Act and conti-
nuing as such a t such commencement ;
(g) ' governing body" means any body of indi-
viduals, by whatever name designated, In
which the management of a college vests ;
(h) "managing committee" means any body
of individuals, by whatever name desig-
nated, in which the management of a
schooZ vests ;
(i) means prescribed by des
made under this Act ;
I. Inserted b=eC)ris% muation (Sccond Amendment) Act, 195
(tar. Act 31 sf 1978), 8. Z
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. ,
(Sec. 4.)
( j ) "private educational institution" means
any educational institution which is not
established and maintained by the
Government of Orissa, the Union Govern-
ment or the Government of any other State;
(k) "recognised educationa1 institution" means
any private educational institution which
is or has been recognised by the State
Government ; and
(I) "Rules" means rules made under this Act ;
[(m) "Tribunal" means the Tribunal consti-
tuted under Section 24-A .]
CHAPTER II
ESTABLISHMENT,MANAGEMENT AND CONTROL OF
EDUCATlONAL INSTITIJTIONS
4, (1) The State Government may regulate the Establish-
primary and other stages of education i n Government ,yi,g&
and private educational institutions. of edu ca-
(!)The State Government shall take, from time to tional
htion,
insti-
time, such steps as they may consider necessary or
expedient, for the purpose of providing facilities for
general education, special education and for the
training of teachers.
(3) The State Government may, for the purpose
of providing such facilities-
(a) establish and maintain educational ins&
tution ; or
(6) permit any person or body of persons to
establish and maintain aided educa-
tional institution ; or
(c) recognise any educational institution
established and maintained by any person
or body of persons.
(4) All existing educational institutions shall be
deemed to have been established in accordance with
. . tkis Act.
(5) After the commencement of this Act, the
astablishment of any private educational institution
shall be subject to tbe provisions of this Act and the
Rules made thereunder and any such educational
kstitution established otherwise than in accordance
.with such provisions shall not be entitled to be
recognised by the State Government.
, , 1. Added by ihe Orissa Education (Amendment) Act, I974 (Or.Act 17
of 1974). s. 2.
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EDUCATION
THE ORLSSA ACT, 1969 [Or. Act.
(Secs. 5-7)
(6) The recognition shall be accorded by the
prescribed authority on behall'of the State Govern-
ment.
Application 5. ( I ) Any ye!.son or bod:. of persons desirous
far
rion. of establishing any private educational instisution
may, within the prescribec! period and in the manner
prescribed, ma kc an appiication to the prescribed
authority for accordiiig reccgnition thereto.
(2) While accord irig recognition under sub-
section ( I ) to thc establishment of a private
educational ins t iiu t ion t lie prescribed authority shall
have regard to the fo IIowjng matter, namely :-
(a) that there is adequate financial provision
as may be prescribed for its continued and
efficient maintenance;
(b) that provision for suitable and adequate
accommodation-staff and equipment has
been made;
(c) that the institution is proposed to be
located in sanitary and healthy surroun-
dings ; and
(4 such other matters as may be prescribed.
(3) Any applicant aggrieved by an order of the
prescribed authority refusing to accord recognition
may, in such manner and within such time as may be
prescribed, refer the matter to the State Government
whose decision thereon s!;aI1 b,: final.
B f f ~ of
non-mg-
t 6. Notwithstandii~g any thing to the contrary
nition. contained in any other Iaw fb:. ihe time being in force
no private educational in:iitulion which has not been
recogt~isedby the State Government under this Act
shall be entitled-
(a) to be recognised by the Board of Secondary
Education constiiu teci under the Orissa
Secondary Education Act, 2 952, or, as the orissa A C ~
case may be, lo be a filiated to any Uaiver-
sity estabIished under any Iaw; or
(6) to receive any aid from the State Gevern-
ment.
Insiilutions
ta have
7. (1) Every private educational institution shall
managing have a managing committee or governing body, as
mmmit*. the case maybe, constituted in accordance with the
or govtrnlng
body. rules made in that behalf, fdiling which the recog-
nition granted to the institution may be withdrawn by
the State Government.
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(2) A managing comwi:tce or gui-crriing kc dy

constituted after dle comnlericernt 1: ol' this Act i n
respect of any aided ed uca~ic!la! j ;:s!i tution shall,
befare it starts fu!~ctic:lii>g 2 s s;lcI!, o h a i n the
approval oi' thc prescr: bcd r;ui l ~ ~ r j lijnr the peescri bed
manner :
Provided that wi ;ere he prescj'ibed authority
refuses to scccrd the approval as ahresaid he shall
record the reason:: fcr d c i ~ gso uird any person
aggrieved by an order refi sing to r.ccoi-d approvaI
may, within one monil? frcin the dn'e cf the order
prefer an appeal Feforc the State G ~ ~ e r n n i e n t .
(3) The managing cornmittec 01' governing bcdy
shall be rcsponsi ble for the proper managernan t of
the inst hution and shall exercise such powers and
perform such functions as may be prescribed.
8. (1) Within the first week of Jute every year Manact-
the managing co rnmittee or as the cs se may be, the ~&nl,?, or
governing body of every aided eiIucatio~lalinstitution propcrticr.
shall furnish to such officer as may be authorised by
the State Government in that behalf a statement
cuntaining a list of all movabIe and immovable
properties of the institution with such particulars as
may be prescribed.
(2) If the managing com~llittee or governing
body commits default in furnichin: tha sta.crncnt
under sub-section ( I ) ar furnishes s s t a t e n ~ e n t which
is false or incorrect in any materiaf i::!rticular the
State Government may withhold the :rant of aid
for such period not exceeding three rnolGhs, as they
deem fit.
(3) The Secretary of an aided edu::ltionaI i ~ s t i -
sution shall perform such fonctioi~s 2s may be
-
9. (1) Notwithstand in2 any~hingtc the cantrary Restriction
contained in any law for the time being in force, no OF;:^;^!;^
sale, mortgage, lease, ?ledge, charge or trznsfer of or a!a~d
possession in respect of any property of an aided imtltUhOnS-
educational institution shall b:: crezted or
except with the previous permissioll in writing of
such officer as may be authorised by the State Gave-
rnrnent in this behalf. The officer shall grant such
prmission 'applied for unless the grant of such pertni-
ssion will, in his opinion, adversely affect the
working of the institution.
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THEO ~ S S EDUCATION
A ACT, 1969 [Or.,Act

(2) Any person aggrieved by an order of the

officer ref^: sing or granting permission under sub-
section ( I ) may, in such manner and within such time
as may be prescribed, appeal to the State Government.
(3) Any trat~sactionmade in contravention of
sub-section (I) shall be null and void.
(4) If any educational agency or the managing
committee or the governing body or the Secretary of
an aided educational institution acts in contravention
of sub-se~tion( 1 ) or of an order passed under sub-
section (2), the State Government may withhold the
grant of aid.
Co~rdiCioa~ l@. (1) The qualifications required for appoint-
" staff of" ment as teachers and other members of the staff of
the
aided imnti- aided educational institutions and their conditions
of service relating to salary, leave, pension, provident
f~tnd,age of retirement, disciplinary action and other
..
matters shall be as may be prescribed:
'[ Provided that the terms and conditions of
service prescribed in respect of teachers and other
members of the st& who, on the constitution of
a cornmon cadre, have been absorbed in such
cadre, shall not in any way be less favourable
*an the terms and conditions which were
applicable to them immediately prior t o such
constitution.]
(2) The State Government may constitute a
Selection Board consisting of such members as may
be prescribed.
(3) The Selection Board shall prepare in the
prescr~bedmanner a list of candidates for appoint-
ment as teachers in aided educational institutions
and all such appointments shall be made in acm-
rdance with the rules made in f hat behalf from out of
the candidates included in the list so prepared.
Services of
tcachers of
2[10-A.(I) The services of a teacher of an aided
aidad insti- educational institution shall not be terminated
tutionsnot
to bc termi- without obtaining the prior approval in writing of
nated with- the-
wit appro-
val. (a) 3[Director], in the case of a teacher of. a
coIlege; and
-
1. Added by the Orissa Education ( Amendment ) Act, 1978 ( Or. Act
13 of 1978 ), s. 2.
2. Inserted by the Orissa ~ d u a t i o n(Amendment) Act, I974 (Or. Act
17 of 1974);s. 3.
3. Substituted by the Orissa Education ( second Amendment) Act, 197
(Or. Act 31 OF 19781, s. 3.
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(5) Where an employee of an educational

institution exej'cises his option for not being
absorbed in the C O ~ T - I I O L I cadre, the managing
committet: or, as ihl? case mzy be, the governing body
of the institution shall Iermi~ate the serv~ces of
such employee within firten days from :he date of
receipt of a11 intimation t o that effect from the
Director or, as the case may be, the inspector of
Schools; and the provisions of scction 10-A shall
not apply to any such termination.
(6) An employee belonging t o a common
cadre may be transferred from onc institution to
ancther by the prescribed authority and i n the
prescried manner.
(7) Whenever an einployee belonging to a
common cadre is posted or transferred to an insti-
tution, the managing committee or, as the case
may be, the governing body of that institution shall
be bound to employ him in the ssrvice of the insti-
tution and t o pay all amomts due to such empolye
on account of his pay, allowances and other dues
from out of its Fund or from the aid received,
directly or otherwise, from the State Government,
and hc shall be deemed to be an employee of such
institution for all purposes.
(8) Where the services of any person have been
t errninated under sub-section ( 5 ) , he s k u , without
prejudice to his claims to any leave, provident fund,
gratuity or other benefits, if any, as an employee
of an ai-dcd educational institution to which he
may be entitled on his retirement or termination of
service had he common cadre not been constituted,
be paid by the nlanaging committee, or as the case
may be, the governing body of the aided educational -
institution in which h e last served, an amount deter-
mined in the following manner : -
of a per-
1. In case Amount to be paid
maneat empIoyce-
(a) where the continu- Pay for the remaining
ous. service rendered period of service or
by him by the date for six monts, which-
of ,termination ex- ever is less ;
ceeds ten years.
13 UI A T O Y ~
LatestLaws.com 1969
1 H E VRrSSA EDUCATION ACT,
LatestLaws.com
( S ~ CIO-D)
.

(b) where such service Pay for the remaining

does not exceed ten period of service or
years. for three months,
whichwer is less ;
2.111 the case of a Payforonemonth.
temporary employee.
Explanatiotz:-For the purposes of this sub-
section, "Pay" shall include dearness a110 wance and
other ad-hoc stdditions to pay by way of interim relief
that may be admissible.
(9) For the purposes of calculating gratuity,
if any, payable f o any permanent employee whose
services have beeu terrliinated under sub-section (S),
the period of qualifying service of such employee
shall be increased by the period calculated on the
basis provided hereunder :-
Period to ke
added
(i)Wllerethe period of actual Oneyear
qualifying service does not
exceed five years.
ic:) Where such period exceeds Twoyears
five years but does not exceed
ten years.
<$;) Where such period exceeds Three years
ten years but does not exceed
fifteen years.
(iv) W h e ~ esuch period exceeds Four year::
fifteen years.
,,
10-D. The State Government may, if satisfied Govern-
that the expediency of the circumstances so requires, power
by general or special order,provide for any matter
necessary, ancillary or incidental to the constitution wnod
,,,,,
to
issue ordcrr
,b,
of
traafitioa
and working of the comnlon cadre for which
this Act makes no provision or makes insufficient
provision :
Provided that no such order shell be issued aftcr
expiry of two years from the datc of constitution of
tho said common cadre.]
155-73 (a) Law]
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Supersession 11. .(IJ.:W-#QU~ prejpd.iqe 10 the .pzov&ions

and monsli-
tution or c,ep&ingd in any other law far the .time being in
managing forse, ,whegeser it appears to thc )[Director]
comml!teC or
govern~ng
tha$he m,aqaging committee or, as the case may
bdy. be, the governing body of any educational institution
has aeglectefl nr:fgi!q.ed to-perform any of .theduties
imposed by or under this Act OF the rp.l,e> made
thereunder he may after giving the managing
cqpqi!@e Or gpWr-pjQg body a rsasq0qbj.e oppor-
:t&&:&0g,$k,014~g 9qs.e agginst: the proposed a~tion
9 4 :$&E. wnqjd arIgg t,bewuse if: a4y, .show, supper-
side the managing committee oa:t,hg.gove~ni~g ,b~dy:
?[P~ovjdedt hakwhcre .the tenure of the managing
1

e ~ m ~ i t t ar,
e e as-the case y a y be, the governing body
C$ an aided educational institution h& expired and
the constitution of the succeeding managing com-
'

mittee OG .governing body has not been approved: by

the prescribed autl~ority, the Director ma3 re-consti-
tute the Managing Committee or governing body after
cbasultation with s ~ c hpersons or authorities as he
may deem necessary; and the managing committee
or $ o v ~ g i f l g bqdy ssp qecpnstit-uted $hall m v a g e
the lnsbtutldn tiZl,thc date on whi.ch the -
.... constitution
of the succeeding managing co-mmijtee or governing
body is duly approved by the prescribed authrity.]
(2) Upon supger.sess.ioq of the m,anaging
committee or the governing body, as the case may
be, the 3[Director] shall, as soon as possible there~fter,
r@ao$titute the managing qmmiltes,or- governing
body.
(3) The term of office 01 the managing
committee qr the $qvern@g -, body
-.
so re%nstifpted
shall be three years. I I

(4) Q u r i n ~theapqripd i-nterve~ i n gthe s~1,perses'

sigo- -.. - . of,tbe,, madaging c o w it tee
a~$,r!c-6nstitution
-:,ma>

or!&? gverp!qgcbo.d,y, asfhe ~ a may k be, the pow-

q;+.q$'funcgpy of the manacing committee oi the
. . - o ~ y exercis$d by such person or
~ m e T n ~ n g bshall-be
perswnsnis ,ihe
.-.,~+-,,~.-- > ., -....may appoint
., . '[~ikctor] ... in that bebajf.
,

1. Substituted by thc Orissa Education (Sccond Arncndment) Act, 1978

(qr. Aft 31 of 1978),.$.4
.
fa) (i).
. -
2. AdqFfl,byi69.,.s.4 (a) .."
l )
with . frgm !he
?R@ 11th Novemllcr. 1974
3. ~ubst;tutedby ibid, s.4 (b)
4. Substitutd by ibid., s.4 (c)
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( Skcs. 12-14 )
@)I ~ ' h kaaha'gihg' doHMi@e' or
gdi;&ir;g
bb'dy'may, if it is aggrieved tiy the ordd df s u ~ p e i -
session made under this sektidii, p~:&%'?a ~appealz
i to
the Etate Government within thirty days!frfrdh the
dateof the order.
'[* * * *I
2[ (6'' The State Govcrn'merit a a y , ot'l application
ffdin any person aggrieved o? affected or likely t o
be aggrieved or affecte'd ar on tB6F dwii m o t i d
within ninety days from the date of any of&? passed
under sub-section (5) review the said:order if it was '

passed under any mistake, whethek "of.fact,-or of law

or ignorance of any fact or suppression of: a:ny
materip1 evidence, and ma9gass such order zs tfiey~
&!em fit.
Provided that n o such ~urdkr!s&&IiBe ~ a &dfi&f
this sub-section unless notice has been given to all
interested parties and thty'have been given a reasona-
ble-opportunity of being ,heard..]
22. ( 1 ) The accounts of aided educational in- A.,
sfif~tionsshall be aaintained in the prescribed and ;lfi"#tt-
,

xii'afifier a-nd slia'flbe s~bj'ectto yearly audit.

( 2 ) The provisions containgd in the Ofissa
Local Fund Audit Act, 1948 shall, miitulis mulandis,
apply for the purpdsa of .audit of the a*ouhts. of
aided educational inst itatifins;
( 3 ) For the purposes of the said Act, the
side Government may appoint any officeito be the
Examiner of Local Accounts.
113; Nd educa'tional .agency or Adnaging Manasernear
committee or, as the case ri~laybe, governing body continue not to dis-
of any recognised ed'uatiofia 1 institution shall close institution.
down the institution at any time within an' academic
sm3ionc.and without.giviag noticc in writ ibg of its
intention so to do to the State Gaveriimnt at least
tweIve months before the (datk,. ~ i t h t e f f-from
e ~ ~ which
the institution is proposed to be;cl;crs48 .down.
14+( 1 ) The, State Government may authorise ,,,,,i,,
any o6cer or oEcers to inspect educational institu- sf institu-
- t h t i bin the Stat&..- a
t~ons.
( 2 ) The officer authdici'scd undkr sub-section
( I ) shall exercise general' powers of ihspkction and
supervision over the working of the institution and
- - --.
1. Dcletcd by the Orissa Education (Second Amendment) Act, 1978 (Or.
Act 31 of 1978 ), s. 4 (d).
7. Added by ibid., s.4 (c).
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4 60 TIE ORISSA ACT, 1969

EDUCATION [Or: Act

the discharge of duties and perrorinance of functions

by the mailaging cornmitree or, as 111ecase rnay be,
the govel-ning body of the i r: st i tuii.~
11.

( 3) The ~nanaging con~ii~itter:or, as the case

may be, the governing bocl~rand the employees of a
recognised educational illstituiioil shall, at all reason-
able times, be bound to afford to ihc aforesaid officer
all assistance and facilities as n:ng be ~~eczssni-y and
reaso~~ably required for the purposcs of such inspec-
tion and supervision.
( 4 ) The managing cotnaitteeor, as the case
may be, the governing body of a rec~gnised edu-
cational institution shall mskc every el'iort for the
improvement or removal of deficiencies in the
ma nagenlent of the institution in accordance with
the directions or s~~ggestions given by the said officer.
CHAPTER ITT
ADVISORY COUNCIL AND DISTRICT SCHOOL DOARD
Stats
Advisory 15. ( I 1 The State Govet.nment may, by notifica-
counci!cf tion, establish a State Advisory Council of Education
Educatron-to advise the State Govcrnment on matters
to educational policy and ad mini st ratio!^.
( 2 ) The Advisory Co~incilshall consist of the
following members, namely :-
(a) the Chairman to be nominated by the
State Government ;
(b) the Vice-Ch : ncellors Ex qficio Member
of all 1 1 1 ~ Univer-
sities estabiished under
any 1s;w in the State;
'[(bb) the Secretary to Exoflcio Member
the Government in
the E d t i c a t i o n
Department ;
(c) The *[ Direct or 'J Ex oficio Member
(4 the Vice-President Ex oficio Mernbsr
of the Board of
Secondary Edncatio 11;
- .- -.
1. lnsertcd by tha 0ri::sa Education (,?mclldmcnl ) Act, I974 (Or. Act
17 of 1974 ). s.4.
2. Substituted by the Orissa ~Jucalion (Second Amcndmmt) Act, 1978
Or.Act 31 of 1978), s. 5(a).
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( Sec. 16)
je) six non-o ffi c i a l Membcl-s
memkei s to be nonzi-
nated by thc Siate
Governnxnt f' r o m
anlong persons who
are distinguis h e d
educationists or who
have exj:ericncc in
[be admir~istrztion
of education ;
( f ) one non-o ffi c i a 1 Menlber
member to be nomi-
nated from among
Sanskrit scholars ;
(g) two representatives Members
each of the Primary
School Teac h e r s'
Association, Second-
ary School Teachers'
Association and the
CclIlegz Teechers'
Associatiozl to be
elected in the pres-
cribed manner ;
(3) The term of office of the membcrs specified
in clauses (a),(e), If) and'(g)of sub-section (2) shall
be three years.
(4) The business of thc Advisory Council shall
be conducted in such manner as may & prescribed.
(5) The '[ Director ] shall be the Secretary t6 the
Advisory Council.
16. ( I ) For every district there shall be a District Di~tict
School Board established by the State Governmrnt School
which shallconsistof the following members namely:- Board.
(a) The.Chairman to be nominated
by the State Government;
(b) Inspector or Inspectors of Member
Sdzools having jurisdiction over
the district;
(c) District Ins ectors of SchooIs Members
i
havingjuris iction in the district;
(d) two representatives of the Members
Primary School Teachers'
Association elected in the
prqscri bed manner;
*
_,
- ---
1. ~ubstitutcdby the Orissa Education (Second Amendment), Act; 1978 .
(Or. Act 3 1 of 1978), s. Xb).
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A ~ Th
i'H6 ORISSA EPUCATI~N , 69 gi.Act
.
(Secs 17-20)
(e) five non-officiaI members to b-e M'embcrs
nominated by the Slate Gov-
ernment from among persoBs
who are distinguished edU-
cationists.
( 2 ) The Secretary to the Board shall be nomina-
ted by thc State Goverament.
(3) The term of ofice of the mcmbefis specified
in clauses (a), (d) and le) of st!,b-sect,ion(1) shall be
three years.
(4 No person shall be eligible.. for nomination
as a non-official member of the. Board, if he has
directIy or indirectly by himself or by his partner
any share or interest in-
(a) any book intended I~Q.be pescribed or
recommended as-a texbbobk. for the
primary school,murpe;
(b) the business of the publish&t of any such
book ; or
(c) any work done by order of the Board or in
any contract entered into on behalf of the
Board.
(5) The business- of the Board shall-be conducted
in ,sucli:manner as may be prescribed,
Incorpora- I?. Tbe Board shall be a body corgorafe,h&viqg
ion.
perpetw 1.su~ession:and a common seal, wi-th pb'wer,
subj'&t to .ilk,.provisions of this : A d and,-. th:;
' I ,Rt&lsi
m d e .thereunder,.to acquire, hhold and dispose of
p?operty. And'to cbdtiact a ~ ddb ' aU other :

necessary for the purposes of this Act andamay by

i<kw9
its:.cox@=* n&k-.str;e-aWfje.sued:
Rcsignatloq;
of Mernbs
1%' Any- oil-ofkial: member of ;the i ~ A c L y i ~ d ~
ship, CounbiPJorof 13bard may resign. his office as
such m e m b - byw~itingutidey-h'k:hBhd addt&sed to
the Chairman.
FiHing up IP.:*Inthe case of a casua.1 . vac-ancy in the
.

casual office of any nbn-&cia1 member of the advisory

Mcancy. Council or of the Board occu~~~ingc.ot~erwise
thanl.byefflux of-time the vacamy y~hall;be filled up
by nomination and' the person so nomin&ed shall
hddiomde fordtheresidue of ,the-term:of offim of
the member -itrwh'aseplace helis nominated.
Fsecutiye 20. Th'e Secretary of. the: BoardIshall be its
Officcr
of the
Executive Officer and shall give effect,. to the
Boqd. dsisiotls\ofh:t-heBoard;
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21. Subiect to the provisions, of this act and Functions

th
or
the. Rules .made thereunder, the Board shall have
the following powers and fuucrions in respect of
p s i w y s,choolswithin the district, namely:--
(a) administration, cantrol and management
of a11 primary schools transferred to it
for the said purposes by the State Gov-
ernment or by any low1 authority and
of, the schools cst&lished by it;
(b) p~eparationof plans for the development
of education in primary schools;
( c ) implementation of such of the ,dormid
phw as ae approxed by the State
Gove~~msnt;
(d) aJbcation of ,Go.vernment igriipt-in-aid
am~:ng. .the,p i m a r y sch~ols;and
(e) such other functions as may be prej~ribed.
shall haye a fuad called theBOards rmd
22. ( I ) T . h e , B ~ d
District S,c,ho,ol B ~ a dFuqd to whkh shall be
credited-
(a) all ,cp.ntfihut-ions ~eceiued.by h e Board
frornr.tJs:Sf%t-~ Giovs~i~rnent and d onations
and grants receivcd Qgpl other . . . %sources;
qd .-
( b ) ! ~ - ~ ~ r&&ved
ms, by the Board on ,an?
othq aacqypt: wl~atsoeves.
a (2>-T:hefundshallbeex~eg!ed'fqr-Qc,,ppqp~$~
ofxarryigg on the fur@jons,of t;& .?say;!h.,ic.cor,da;. ,,
n c i with the ruies made ... in [bat ,behalf. -
', . . . -j
,+:
- ::
., :

. .
C.HAPTE& IV .

23, (S),Thqr.q s h a be establiskgd a - F w d called orism

thg"Qriss9. Edqqati.on,Development Fiund" whioh -shalIgq- ucation
. -
evcjoprnent
vesi, in:qnd. sh<aIIbe administered, by a Committee F h d r
be constituted by the StateGovernment in; . h e
prescribed manner.
(2) All sums re~eived b v tbe Comm.i,ttee as
contributions from the State Government or a s
d qnatiops..f ~ b .:q#~r.
q spuxc~s shall be credited. tc
the Fund.
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LatestLaws.com

(3) Subject to t h e rules made in that behalf, the

Fund shall be utilised for the following purposes,
namely:-
(a) grants in favour of educational institutions
for impIementation of improvement
schemes;
(b) grant of interest free loans to educational
institutions; and
(c) such other purposes as msy be prescribed.
EO-lion 24. (1) The State Government may constitute
ceodina- a Co-ordination C~mmitteeconsisting of t be follow-
lion
commirec. ing members, namely:-
(a) the Chairman to be nominated
by the State Government;
(b) the Vice-Chancellors of all the Members
Universities established under
any law in the State;
(c) four non-official members nomi- Members
nated by the State Government
from among persons who are
distinguished educationists;
'[(athe Secretary to Government in Mernker
the Education Department ;
'[(e) the Director Member]
(2) It shalJ be the duty of the Co-ordination
Committee to recommend methods for maintaining a
uniform standard of instruction given and examina-
tions held by the different Universities established
under law in the State and also in regard to matters
of common interest to such Universities and send its
.recommendations to the Universities co~cemed.
(3) The procedure for the conduct of business of
the Co-ordination Committee and the term of ofice
of the members specified in clauses (a) and (c) shall
be such as may be prescribed.
Constitution ~ . The State Government may, by noti-
3 [ U - (1)
rfTfibund. fication, constitute one 0 s more Tribunals h a v i n ~
such local jurisdiction as nay be specified in the
notification.
--- - -
1. IEscrted by the Orissa Education (Amcr~dment) Acl. 1974 (0Atc 17
of1974), s. 5.
3. Substirutrd by the Orism Education (Second Amendnlcnt) Act, 1978
(Or. Act 31 of 19781, s. 6.
3. 1nsertkd by the Oris= Education (Anlcndrncnt) Act, 1974 (Or. A: 17
oi 1974), 8,6.
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(secs. 25-27)
(2) The Tribunal shaII consist of one person
only to be appointed by the State Government from
among the oficers of the Orissa Superior JudiciaI
Service (Senior Branch).
(3) The Tribunal shall have the power to caU
for the records of all proceedings relating to the
dispute and shall, after giving the parties conarned
a reasonable opportunity of being heard, dispose
of the appeals preferred to it.
(4) In disposing of an appeal .the Tribunal may
make such consequential orders and issue such
directions .as it may deem necessary for giving effect
to its decision.
(5) The decisions of the Tribunal shall be h a 1
and binding on aIt parties and shaII not be called in
question in any Court of Law.]
25. N o act or proceedings of the Board shall be vamw not
deemed to be invalid by reason mereIy of the to invalida9
existence of any vacancy in or defect in the constitu- prowdings
of the Board.
tion of the Board.
26. No su;t, prosecution or other legal procee- hdemnity
dings shall lie against the State Government or any
authority or Officer for anything done under this Act
in good faith or for any damage caused by any
action bken in good faith in carrying out the provi-
sions of this Act or the Rules made thereunder.
27d (1) The State Government may? afterbw to
previous publication, make rules for carryrng outwak~rufr~
all or any of the purposes of this Act.
(2) In particular and without prejudice to the
generality of the foregoing powers they may make
rules in respect of all matters expressly required or
allowed by this Act to be prescribed.
(3) All rules made under this section shall, as
soon as may be after they are made, be laid before
the State Legislature for a total period of fourteen
days which may be comprised in one session or in
two or more successive sessions and if during the
said period the State Legislature makes modifications,
if any, therein, the rules shall thereafter have effect
only in such modified form ; so however that such
modifications shall be without prejudice to the
validity of anything previously done under the rules.
1 59 73ta) taw]
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('4) tTntil'rules-ar6.rnad'e~under this s&tioti, the

fulks4cohtained'~in\ t he Oi-issa Educat'ion Code :which '

were 'ih forbe i'ihii3edidtkly p'rio r to the coming .i't~fo

force of this Act shall, in so far a's they are8nat
inconsistent with the provisions of this Act or of the
Cdnstifution, be deemed to. be rules m'irde uhder,
this Act.
Savings '281 The provisions containekin-this Act shall'-be,
in addition to and not in dercigati'on:,oftlie*proviisib'61~
qontained i n the Orissa Secondary. Education Act, ~ ~ ; ~ 1 9 S ~
1,972'or i h -a$? regafdiilg Wmi~ersity edddiion
fof -.the?i&e bemg ia' foPce aAd' i n the ,cage of:,an$
in~oii~?stbncy or repugixa'tlcy the prdvisidns' of # ~ S J '

Act shall prevail.

- . . ,
- -
I : , . , . ',
-. .. . . .I .
.
, . -., . . .. .
' I .
L

. . ,
. . .

. . , ,
. . -
:,- ,
. . . .,: .. , . . ?, .,::
..
- -
. ..
I . . .
I . . .
... ,' , ,-;rr '! L...,.
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LatestLaws.com

$ ofW91 . EQUCAICION'
THE~ORISSA
. ACT,.496% . fw
[Provisiorzs of the Ol-issa Education (Amendment)
Ac4,,3974.(Or. Act 27-of11974),not irtcorporu~edin the
Origin~lAct .]

7.(1) Notwithstanding anything:iniany judgment, rSavings in

e g p ~ of
t
decree or order of any COW, but . subj,ect .to the part ~ X S .
,

provisions hereinafter contained, t hc termination of

the services of any tcacher of an aided educational
institution as defined in the principal Act, made after
the 3rd May, 1972 and before the date of commence-
ment of this Act shall, if made without the approval
of the Director of Public Intruction (Higher Educa-
tion) in the case of a college teacher and of the
Director of Public Instruction (Schools) in the case of
a school teacher, be inoperative.
(2) The managing committee of the governing
body of the concerned institution shail refer the case
the said teacher to the Director of Public Instruc-
tion (Higher Education) or the Director of Public
Instruction (Schools), as the case may be, within one
nloj~thfrom the date of commencement of this Act
for attaining his approval and thereupon the previ-
sions of section 10-A of the principal Act as amended
by this Act shall, r~tutarisnzuta~disapply :
Provided that where the managing cornmiltee or
the governing body, as the case may he, fails to make
a reference in accordance with this sub-section, the
order of termination of the services of the teacher
shall become void and the teacher shall be deemed to
have been re-instated in service with effect from the
day following tbe date of expiry of the aforesaid
period of one month.
(3) Where any such termination as is referred to
in sub-section (I) was made with the approval of the
Director of Public Instruction (Higher Education) or
the Director r ~ fPublic Lust~.uction(Schools), as the
case may be, the concerned teacher may prefer an
appeal to the Tribunal constttufed unde:' the dl incipal
Act as amended by this Act within one month from
the date of constitution of the Tribunal.
(4) Where, on a reference made under sub-sec-
tion (2) the Director refuses t o accord approval and
no appal is pefened to the Tribunal against the
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LatestLaws.com

order of refusal, the concerned teacher shall be re-

instated with effect from the date of such order.
(5) For removal of doubt it is hereby declared
that on re-instatement, a teacher shall not be entitled
to any emoluments for the period intervening between
the date of termination of his service and the date on
which he is re-instated but the said period s b d be
counted towards service.
 LatestLaws.com
LatestLaws.com

[Provkons of the Orissa Education (Amendment)

Act, 1975 (Or. Act 53 of 197S),not incorporated in the
Original Act .]
* * *
principal Act or in any judgement, decree or order of
any Court, no notice for showing cause issued under
zfz+
3. Notwithstanding anything contained in the Validation or

section 11 of the principal Act prior to the

commencement of this Act by the Joint Director of
Public Instruction (Sch 001s) exercising or purporting
to exercise the powers of the Directorof Public
Instruction (Schools) shall be q u e s t i o ~ d in any
Court of law or shali otherwise be open to challenge
merely on the ground that the Joint Director was not
autnorised to exercise the said powers and all such
notices and actions, if any, taken in pursuance thereof
shall be deemed to have been validly issued or taken
under the principal Act.
* * *
 LatestLaws.com

ORlSSA ACT 5 OF 1992

7TlE OHSSA EDUCATION (SECOND AMENDMENT) ACT, 1591
LatestLaws.com
TABLE OF CONTENTS

1. Short title
5
I
o . 2. Arnendmmt of =lion 5
3. Amendmeut of section 6
'.> -
 LatestLaws.com

.'
ORISSA ACT 5.0F-1992

mz~ORISSA EDUCATION, (SECOND m m m )

ACT, 1991 -
[Received ihe awent of the Governor on the 21st Jammy 1992, fist MtbAwi in as
e x h a a r d u y LRPue of the Orissa W e t t o , dafed the 27th Jmarary 19921 '

AM ACT FURTHER
TO ,AMEND ACT, 1969.
O P ~ &W~?ION
A

BE
it enae!r.d b y t I ~ cLegislature ofthe StnbofOrirsainlite Forty-wond
Year of the RepubIic of lndia as follows :-
dhprt wk. , 1. This Act may be tale J the Orissa Education ( Second bandmoat )
Act, 1991.
An>endnwnl 2. In the Orisa Education Act, 1969 ( hereinafter referrod to as the prhoipal O r i s e ~A a
of *lion5. ACI), in scction 5.- lSoC1968,

la) after sub-section (2). the fdlowing sub-section shall be inserted, namely :-
~'(2-a) A private educational institution, which is a Hi& School, a .Higher
kkcond$q School or a CoUege dtablished prior to the c o ~ m a n ~ m e n r
c!f the Orissa Education (Amendment) Act, 1989 bat not recognised in &i,w
view of he limitations provided in subsectioos (2) aod (Sj, may 15 of 1969,
m&e ab applimtion to the prescribed entharity, for approval, within
sixty days from the date of commen@ment of the Orissa Education
(Second Amendment) Act, 1991.";
(bj in s u b m i o n (3), for thc word, brsekete ltad I g w "and (2)", the coma.
brackote, figureti, word, a ~ letkr,
d "(2) and (2-0)" skull be 614 bsti t ufcd; and

(c) df4fnub-section (51, tbr iollowing stib-section shall be inserted, namely :-

"(5.4 Nothing contained in sub-stction (5) shall debar the prescrikd

authority to make an order granting permission for, or approval, to
tho establishment of-
I f )a -'dud High School in any area under a Grama Panchayd within
wUcb,therc is already a recogniscd High-School ; or
(ifl'~'
T!iIf$ Rigbtr Seqorldary 8cboI
' CoIlegc in a Bluck
m..a S e ~ n d
in which there art already-two' reogoised Hiiker Secondary Schoillo,
or, as the cam may be, there is abtady one recognistd Cullcge;

*For b e Bi,w Orl~soGozette, h t r a o r d i n ~ dated

, the 16th December 1991' (NO.15091
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LatestLaws.com

wharc the Agency or the 'instilution, as the case may be. ~dcrtakes,
by recording in writing in the application mecle.under subsmion ( 1 ) or, an the
cast may bo, s u b s d o n (2-a) that tbc institution desired to k established or
h e a d y established, ar the case may ba. shall be mallaged a d maintained solely at
tho cost to be met out of iU own rzjourm withoutany claim for grant&-aid from
thr State G o ~ e r ~ ~ m c:n t
Providd that no sucb undartnking shall be w a s a r y fur -atabIiehmcnt of
ally Hi& Schod in an ducationally backward district:
Explanatiorr-Tk txprmioa "uducationally backward district" shall, for t b
purlmses of this sub.scctir>n, m a n a district in w h i ~ bttu: prcentago of literacy is
less thxn lorty percent of the total population ,of the Jistricl as per the latest
'2 census".
Amcndmcnl U after :subsection (81, the folldwiag
3. I n thc principal AcS- in S C C ~ ~ O 6,
ofscctiun 6. subsection ehall ba inserted, namely:-
*+
14(&-~) A privato educational institution, the establishment o f which has hell
permitted or approved by virtue of the provisiaos contuintd in
sub~cction(5-a) of scction 5, shalt be eligible for rccogniticlo if it
fulfils the rcquircaients provided by or undcr ihia Act but shall not
be eligible for grant-in-aid from tbe Slak Government as admissible
to aided edr~cationalinslitutionr w 4 r c sucb permission or approval, as
the case- may be, has F e n granted subject to the undertaking referred
to' ia the said subscchon".
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42
- ORISSA ACT 14 OF 1992
TRE ORISSA EDUCATION (AMENDMENT) ACT, 3992

TABLE OF CONTENTS

PE~~AMBLE

SECT~ONS

I . Short title and Cornmancement

2. Amendment o f section 7

3 R e ~ t i l l and snving~
 LatestLaws.com
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ORISSA ACT 14 OF 1992

:'THE ORTSSA EDUCATION (AblENDMENT) ACT, 1992
!Received the a s e n ! of r f ~ cGoimernor on the 21sr Mnrck, 1992, firirstptrlished in
on e.yrraordillary isstle of the Orissa Gazette, doted rl!e 23rd March 19921

' BE ir enacted by the ~ogislaturiof :,hc Stale of Orisss in the Forty-third Yo:; of
the Rcpublic of ludia as follows :-
short tale 1. ( I ) This Act may be callcd the Orissa Education (Amendmect) Act, 1992 ,
and commc-
nccrncnt.
(2) It shall bc deemed to have come into force on %e 16th dzy of January, 1931

Amendment 2. In the Orissa Education Act, 1969 (hcreiuafier relerrcd to as the principal Act),
3. ,,,don of7, in sub-section ( 5 ) of seclion 7, lor the words "tl:irly days", the words "one yedr" shalt
be substituted.

0 Rep] md 3. ( 1 ) Thc Orissa Education (Amcndmcnt) Ordinance, 1992 is hcrcby Idpealed C~issna r d i -
samogs. nao;c No. 1
o! 1592.
(2) Notwithstanding such IePcal, anything donc or any action [:;kcn under cbc
principal Act as amended by Ihc said Ordinance shalI bc dcerncd to have been dollc
or t k c n under the principal Act as amcnded by this Act.

-
* ~ o r t h c ' ~ ises
l l , OrissaGozetfe, Extraordinary, datcd thc 13th February 1992 (No. 147)
 LatestLaws.com
LatestLaws.com

s?,
ORISSA- ACT 14-_OF 1993
THE ORISSA EDUCATION (AMENDMENT) ACT, 1993
TABLE OF CONTENTS

1. Short tide
2. Amend m a t , of section 7

3. Amendment of seclion 7-A

 LatestLaws.com
LatestLaws.com

53-:
ORISS A ACT 14 OF 1993

. ,

Received the m e n 1 o/ rite Governor on rhe 7th ~ u & s t 1993, firsr Published in an
exlraordinary i s s ~ oef 1l1fOrissa Gazette, dated rile 16tl1 A u g w 1993.
- - . ..
AN ACT FURTEER TO EDUCAVONAm, 1969.
AMENDTHE OFUSSA
-..,.
.
-
..,
B E it enacad by the Lcgi~latunof tbc State of Orissa in the Forty-fourth yea; .
of the Repblic of I ~ d i aas follo~'6:-
,. -

Short dde, 1. This Act may be e l l e d the Orissa Education (Amendment) Act, 1993.

Amendment 2. In section 7 of the Orissa Education Act, 1969 (hereinaft-er .referred to. 4s .oms
'fse~tion7. the principal Act), in sub-section (51, for the words "one year", the words "two yearssi 15 011969.
shall be substituted. . ,. .

Amen-nt 3. In srction 7-A of the principal Act, in sub-section (21, fcr the words "five
of ~ ~ ~ l l o n the words "three years" shall be substituted.
74.

*For the Iil! see Orisso Gaz~lte,Extraordinary, dated the 15th July 1993 mom934)
 LatestLaws.com
LatestLaws.com

ORISSA ACT 2 OF 1994.

1. Short title.
2 , Amendment of section 3. ,
3. Amendment of section 10.
4. Amendment of section 10-C.
 LatestLaws.com

ORISSA ACT 2 OF 1994

<*THIEOBZSSA EDUCATION (SECOND AMEND.MENT) Am,1993

[ Received the usent of the Governor on the 25th. January 1994, first published in
. an
extraordimry issue of the Orissa Gazette, dated the 27th January 1994 ] ,

AN BPucAnoN ACT, 1969.

ACT FURTBBR TO AhLBND TBB OWA

BB it enacted by the Legislature OF the State of O r i s s ~in the Forty-fourth Year

of the Republic of India' as fo1tows:- . , .

Short title. : catlad tho Orisa Education (Second Amendment) A& 1993.
1.. This Act msy b
Amendment 2. In the Orissa Education Act, 1969 (hereinafter, refefied to as the principal 0 d - w ~
d o n 3. Act), after clause (e) of scction 3, the following clause shall be of lM9.
namely:-
. '(e-I) "aducation c i ~ I e " moans, an area as the State Government may, by
notification, declare as such For the purposos of thie Act'.

Amanamtnt 3.. la the principal Act, in sub-section (2) of section 10, for* the word
of 10. w'district", the words "education circle" shall be subetituted.

Amebdmone 4. In the principal Act, to sub-section [I) of section 10-C, tbe following prodso
of sect~on shell h added, namely;-
10C.
"Provided that the State Government may constitutu a mmmon adre in reladon
to all or any class of employees of all or any category of aided High Schools
or Upper Primary Schools for. tbe whole State or for any edueatfon oircle aa
m y be specified in the order:" -,

*For the Bill sne Orifsa Gazette Bxlraordimy dated the 22nd December 1993
(No. 1659).
 LatestLaws.com

ORISSA ACT 13 OF 1994

THE O ~ S S AEDUCATION. (AMENDMENT) ACT, 1994

I. Short title

2. Amendment of section 3
3. 'Amendment of section 4

- 5. Substitution of section 6 and insertion of section '6-A and 6-B

6. Amgndment of section 7 . I

7. Amendment of s-ection 7-B

8. Substitution of section 7-C and 7-D

9. Amendment of ~ e t i o n8

10. Amendment of section 9

- 1 I., hendment of section 10

12. Deletion of section 11-A
J
13. Amendment .of sfstion 15

14. Amendment of saction 21

15. Amendment of ,seclion 23
16. Amendment OF section 24
17. Amendment of section 27
 LatestLaws.com

O RISSA ACT 13 OF 1994

*THE ORISSA EDUCATION ( A ~ E N D M E NACT,
~ im .
[Received the assent of the Governor on the 2nd July 1994, first published in
an extraordinary issuc of tbe Orissa.Gazette, dated the 4th July 1994 ]

B e it enacted by the iegislature of the o f Ori~sai n the Frrty-Mth Year of

the Republic oi India as fol1omc:-
short titla 1. This Act may bc called the Orissa Education (Amendment) Act, 1994.
1

hanknt 2. In the Orissa Educa~ipnAct, 1969 (hereinafter referred to as the pi'ncipal Acl) Orlssa Act
of W o n 3. in section 3,- '
15 of I969.g

(9Tor clause (b), the following clause ;hall bc substituted, pamc1y;-

~ ( b") Aided educational institution '' mcans private: educational institution

which is eligibl? to, and is receiving grant-in-aid from the State Govmment,
and includes an educational institution which has been notified by the
State Go'vernment to 'receive grant-in-aid;',

(ii) for clause (f), thc following elausc 6haIl be substituted, namely:-
'(I)" Educational Institution I' mcan6 any CoIleg? or -a Junior College or
a High-r Secondary School or any o!her School defined in this Act or
any iash tution imparting technical . and prdfiaiona1 education, '
special education and includes all movable and immovable propertics o f
such School or College, as the case may be;' -,

(iii) in clause (h); sftar the word "C~llege'~,the words and letter " or a Junior
College or a Higher Secondary Schod, as the case may be," shall be
inserted;

( i v ) k t e r clause (j), [he folIowiog clause &a11 be inserted, namely: - I

Cj-1) "Junior College" mean6 an educational institu t i ~ nimputing instructions

in Higher 'Secondarycourses as Wined in the Orissa Higher Secondary
Act, 1982'; , .
-
(v) in clauso@l, for -thewords "by the ~ t i t eGovernment", the* words "under
this Act" 6hall be substituted; and-

(vi) after clauselr), the following new clause and Explanation shall be added,
camcly: - ., ,

I (6) "TechnicaI 'and professional education" means any 'courses of,study in

engineering, technology, architecture, mining, fine arts, Iaw, management,
library scienw, or eny other subject which may be notified by the State
Government in this behalf;
Exp1anafion:-An Educational institution imparting Shastri, upJhastii, Madhyam
apd Prathamacourses pf Shri Jaganqath Sanskrit University shall be deemed
to Lie a College, a Higher Secondary , SchoolJJuniorCollegc, a High School and
an Ufiper Primary School respectively for the purposes of this Act.".
Am4h&nt 3. In the principal Act, in Section 4,-
or a i o n 4
(i) in subsection (21, after the words "special educatiob," and before the
wards '=andfor training of teachers'' the comma and. wordc, 'L,technical and
profmional educz tion" shall be inserted; . .

LForthe Bill see Orissa' Gazette, Extraordinary, dated the 4th Airit 1994 (NO: 392)
 LatestLaws.com
LatestLaws.com

(ii) for sub*sction (4), the following ~~b-section

shall be substituted, namelyi--
"(4)The prescribed authority shall cornmunicat.: the orders grmtinp
pcrmssion and recognition to the concerned perscn or body of persons.,".
nbstitution 4. In the brincipai Act, for Sec ticln 5 including the marginal heading, the following ,

Of *On 5mshall be substituted, namely:,

..,-

" Perml~sion- 5. (1) No priva.te educational institution which rquries recognition, shall be
Oresmblhb- established except in accordant: with the provisions p i this Act cr t h e rulm made
mcnt of
edncational thereunder.
ktftudo~. '

(2) Any person or body of p:rsons intending to,-

(a) establish a private educational' io6titution; or

(b) open higher claww, new streams, new optional subjects, additional sections ,

or incresc thc number of students t o be zdmitted or introduce Honours .

Courses in new subjects in a recognised private educational institution; or
, '
(c) upgrade any such instirution,

may make an application to the prescribed authority witbin such period and in
such manner may bk prescribed for grant of permission therefore:

Provided that in rcspect of applications which were pending on the date of

commeacement of the Orissa Education (Amendment) Act, 1994, the applicants &dl
be aIlowd a period of thirty days to submit revised applications in accordance with
the provisions of this Act. 3

(3) The applicant along with the applicaticn for permission, shall furnish an
undertaking that i n the event of permission being granted,--
(i) adequale financial provision shalI be made for continued and efficient
mmintenance of the institution ;

(ii) the iastitytion shall be located on the lands speciiied in the application and
that such lands are locakd in smitary and healthy surrounding ;

(iii) t h e building, aplayground, furniturn, atures and other facilities shall

be provided rn accordance ,with the provisions of.this Act and rules
prescribed therefor ; and
(Iv) all the re4uircme~ts laid down by the Act, the rules and orders, if any,
issued thereuodm shall be compIied.

(4) Every such application shall be supported by an &davit attesting the

fact that all information furnished therein arc true and correct to the best of
'knowledge of the applicant.

(5) The prescribed authority shall scrutiaisc each application, consider the
applications which are found complete- in a11 respect and have been mad in
conformity with the Act and ruIe made thereunder and thereafter may make such
inquiry as he may daem necmary. He shall make a sport in respoct of each application
with his recommendation which shall be placed before the committee constituted
in this behnif by the State Government.
- ( 6 ) lf the committee is satisfied that tbc educational neede of the local area,
JustiO tho eetabliehme~t of an educational institution that the place where the
educatioml institution ie proposed to be rstablished is likely to best serve the
educationaI needs of that areas, that the location of the educational i ~ t i t u t i ~ n
-is not otherwise objectionable and that permisssion may .be granted to any
person or body of persons, the Committee shall make an order to that effect
specifying t b ~coqditions to be fulfilled by such agency.
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LatestLaws.com

(7) The order made by thc Comruittec shall bc comrnunicaled to the app!icast
by the pccscribad authority in such manner as may b: prescribrd.
(8) Any applicant eggieved by an okder d u s i n g to -grant pcrmission may
witbin one month from the date of rcc::ipt of sucb crder, prefer an appcal
before the Slatc G~overnmcntwhosc dccision theruon shall bc final and binding:
Provided that provisons of sub-sectionas (3, (4), (5), (61, (7) and (8) shall
rnufds mutandis, apply to applicnlions for purposes spccjfied in clauses (b) and
(c) of sub-scction 2.

(9) When a new privatc educarional institution' is established in. accordance

with thc permission granted under this Section the fact of such eslablisbme~t
shall be rcporlcd by the Agency lo rhc pr&crjbcd authority forlhwitb and in
any c&c not later than forty-five days from the date on which the imtitution
starts ' functioning.
(10) Whcm a new privatc educational institulion .in relation, t o which
,

gerniisaion has becn accorded ,under tbis Scction fails to !tart functioning within
"45 day6 from thc date of comrncnccmcnt of the academrc year following Ihe
dato on communication of the order of pcrmision, thc permission so accorded;
shall lapse:
Provided that thc prescribed authority m;!y, for good and s a c i c n t reasons
. , exlcnd, o n application, the datc from which the cducational institution shall
strat functtqning fog such period not exceeding beyond the fimt day of the
fd]owing acadcmic ycar.

SubMhiim 5. Tn the principal Act, for Stclioa s6, tlie following Sections shdf be
of 6 mbsiituted, namely :-
and LBS-
rtosrof aco
ilon +A a d
6-B . I .

"6. {I) AA application for recognition of a private educatianal institution

be made to the prescrihd authority on or before ,the 30th November of
&e year in which tho, institution strats functioning:

Provided that no appiicalion for recognition filed before commocment of the

Qrjsse Educdtion ( Amendment ) Act, 1994 shall he rrjsted only on the ground
that it has not been filed within the date specified in the sub-section.

. . Exp1anur;on;-Academic year means a period of rwelve months beginning

with the 1st day of June and ending with the '3Ist dzy of
May of the aexr caloadar year. ,

(2) No pri~atc educa~ional institution shall be eligiblc for remgnitio~ahstj.

it has bcen estzblishod. with prior permission under thie Act.

( 3 j , ~ v e rapplication
~ for recognition shall be made in the prescribed from
accompanied by such documents and informalion as may Ire prcscrikd. me
applicant shall furnish a statement indicating the eqtent to which conditions specified
in the order granting permission and conditions Tor recognition as specified
under section 6-A haw been fulfilled. Every such application shall be suppofled
by an a d a v i t attesting the fact that ail information fwnished thcrcwith are
true and correct to the best of the knowledge 'of the deponent.

(4) The prescribed authadly shall scrutini~e the applkalions. Such of the
applications as iue found to bo completc in dl respects and havc been s u b
mitted in conformity with the provisions of the Act and ihe Rules -framed
thereunder shall be considcred and thcreaftcr the prescribed authority shalt
inspect OF cause to be inspected the educatioml institution in respekt which
mcognition has been applied for, and shall make a report with his recornme-
ndations which shaII be placed beforq a cornmitt= constituted by the State
G overnmunt f n this bebalf.
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LatestLaws.com

(5) Thc Slate Government may constitute one or morc committees for
con6iderration of applicatione for recognition and such Committee may be
con~tilutcdfor the whole State or for any part thesof or for different catcgorics
9f educa~ional insliturion and may makc regulations for conduct of b u d n m
euch commit tzeg.
. .

,16) The Cornmir tel: shall consider ' ::pplica!iog for rccognition together
with the repor1 and the recommcndatian. of the pr<scrih~;dauthority and may
call for such additional ,information or may direct such further i nspeclion as
it deems neczssary. The .Commitlee having considered all aspect shall make an
order either granting recognition, or temporary - recognition with or without ,
condilicns, or rejecting the application for reasons to b c . recorded. The prescri;
bed authority shaIl communicatrd thc' order made by Ihe Comrnitlec in such
manner and with such particuarlars, if any, as may bc prescribed.
"

(73 IT Ihc p c ~ i s s i o nto atabl'isi~a private cducalionnl instituiion is found

. to 11avvc bccn obialned by fi.~ud oi by misrcprcscnta[ion of facts or through
false -dmlaralion, the Committee ~onstituted under sub-swtion (4) may refust to
remgnisc such institution.
. . , -
{S) The Committee may refuse t o rzcognise a privatc educational institution,
which has 'been permitled to be established if it is found guiIly o f improper
competition with other educational institulions or of deliberate violation ,orany
. provision of this Act, the ,rules or any direlion duly Issued by thc Statc,
Government or the Director. ,

(9) VJhtre a private educatioanl instilulion h2s nat blfiI!ed thc conditions .
'for ~cogniliclnin rcgard ra land, building and furniture .but rhe committce is
satisfied th?.t _ has m:~de re?sonably adcquats provrsions for accommodation and.
'

imparting edcl~ation, it may decidl: to g r m t temporary recognition for a period not

.
-
. .. ,

c x c ~ d i n aone year rt a. time 2nd not e x c c c d i ~ g five ycars in aggregate. The - '

*application for ebcnsion of temporary rtcogni lion sllall be made and considrted
,

in -Thy samrr mn-nn+r . as sn application for rccognitir~n a rlri no exfansioli of

, -temporary recognition shaIl bc granted unless thc commiltec is satisfied that
applicent h?s tnkeil reasbnnble measures .to fulfil the eondition~fhr recognition'
and that there has been, no delcrioration in thc standard of facilities .during
the ycir f.lr whicb temporary recdgnition was granlcd: . ,

. ,
Provided ,ih:-i in cs.npnting thc total pcriod for which a private educational
- instiintion may bc eligible for grant of temporary recognition, the numbcr of
yciiii L r which Lcrnpcrary rccug~liiionLab ~ K I grgnlcd
I prior to the commencc-
. ment of the Orissa Education- Amendmcnt) Act, 1994 shall . be taken into
' acciun::
'
Provided lurthur that any brivate pducnlianal iorlitufion which has reieivod
temporary r~ognitioafor, a period of 4 year or more prior to thc drt~c of ,
commencement of the Opssa Educalion (Amendment)Act, I994 ,. but has not'
been recognised inay be granted tem~orxryrecognition for a period nnt excuding
one year at u lime and two.,Years i n rbc egregete after commencement - of the
b .

'

, . ' Orism Educalion ( Ammdment ) Act, 1994 so as to enable such institution to

fulfil all conditions' for recognition. '

(10) Any applicant aggrkvc by an ordcr rciusing to accord recognition, -

may within one month from the of commuaication of such order file a
rcvicw petition before the . commtlee constitufed under sub-section (4). ,The'
committee after cding for such information and causing such further inquiry as
may bc, necessary and after giving an opportunily af bdng bard to the
petitioner shall take dccieion and dispose of the pclition.

" (11) Gmnt of rccognition may be reslricted 'to any standard or clus or any
stream or subjects OF may extend to tbe whole institution. Thc procedure laid
dorm for g a t of ~cognifionshall mrliatis mrtrandis apply to applicatione for .
rxognition in rmpcct of incmse in !fats, opening of new facflries or courSeo
starting new subjecls or opening ofaddrtlonal sections.
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LatestLaws.com

. .
( l i ) No edkcatiwal --inxtilutidri shali be eligible for affiliation or recoPiti&
by'the Board of Sccopdari Education constituted under ,the Orissa Secondary.
Eduhtion Act, 1952 or rhe Councii of Higher Secondary Education constituted .
under the Orissa Council of Higher Secondary Education Act, 1982 or any OF
,fhe .Universities cstnbiiehed uadcr the Orissa Universities Act, 1989 unless it has
rewived recognition under 1% Act -and 'continues to be so rccognised. Whcn the
,

- recognition granted to any private cducationa~ instiiution is nithdr, wn or suspended,

' the recognitian or affilint ion grqntcd by the Board of Scc~ndary Education, Ccunci l dI
Higher Secondary Education or any one of the Universiries as the case may be, shall .
be deemed to have been withdrawn or suspznded :
' . .. ,

Provided that any edubational institution which has ' received

' temporary
recognition for a year u n d ~ rthe Act shall only be eligible for temporary
Mliation o ~rzcognition,
. as the case pay be, for . that year.
. I

(13) No,recognition.sha1l be accorded to an educational i nslitution imparting

technical and professional education which does not fuBl the conditions specified
in any other law f.)r the time being in force as are applicable to such institutions.
. .
6-A-(J) N o cducational Igstitution shall be eligiblc for recognition under
o rmg- scciicn 6 unless . fulfil< the fcl!o\ving conditiom, namely:-
dtloa. ;

( a ) such extcnt of land as may be prescribed has 'bcen provided for the , .'
. educational iwtitution under a valid title and
, the institution is
undcr lawrul and valid p ~ e v j i o aof ,that laud; -
- (b) the instit!iioo
own - .has been, probidcd witb a fimproof ,building of ita
adequate venr ilation and lighting . coasisting of ~ u c h
with
accommodation a6 may be prescri bcd for class rooms, laboratories,
.
libraries, offict accommodation, staff and students common room
- . and
I
toiIefs for 'men- and .women;
- ,

(c) adequate land is available and ' has earmarked for playgro'und and '

' sdicient facilities hwe been provided for physical cducaticr, games and '

sppfis;,
(4 land has been provided [or cycIe stands for High. Schools, ~ i i h e r- .
Secosdnrg Schools, Junior Colleges afid Callcses, ijs . tho - case - .,
may be; I
I

(el adequate provision have h e n made for supply of clean , drinking water
aud ~iaituliuii;
- . I

~j-)tLe !and and k c buildings of the cducational institution are located .

. in eanitary and healthy surroundings with suitabIe acefig from public
~oais;
.(g) qud~ficd tcachcrs ahd n b n - t c x ~ n g cmplcyces sclectcd in accordance
'

with the prescribed procedure .as per the prcscribtd yardstick . have
bcen appointed;
(h) laboratory or laboratories whcrc necessary havc beca providzd' together
'with required consumables; -
( i ) such equipmenrs and teaching' aids as art rcquiied have been ~rovided;
{i)required furniture ioe;uding Blackboards havc been ppvjded;
(k) the educational institution bas been provided with library witb such .
: nnmlier of books and in such subjects ;rs may be directed from time
to time; and
% .

( I ) the educational institution has adequate financial rc~ourck for its

'

continuance and &cient management.

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LatestLaws.com

(2) Every application for recognition sball be accompanied by an undertakinb

that the institution .has adcquate financial resources to mecr the salary and other
cosls' of the educa~ional institution and illat it shall not cI#m grant-in-aid from
the State Government. -
(3) The Slate Govem~neni may by otder, relax any one' or morc of the
conditions of recognition specified under sub-section (I) relating to - Iand; building
and furniture in respect of educational institution situated in an educationally
backward disiricl:
Pr~vidcd lbal no relaxation shall be made which would adversely aRect the
academic standards or quality or education.
Explanation-The expression "ed~cationalIy backward district " shall for -0
purposes of this sub-section mean a district ,in which the percentage of l i t e m
' ,-
fs less than fifty per cent of the total population of the .district as per the
latcst ccnsu s.

Withdrawd . CB.(I) Recognition accorded under the Act may be withdrawn on one eu , 4
more of the following grounds, namely:-
rim.
('1) the cducalional institution no longer fulfils t i c conditions far retognition:
(b) thc cducational institution, its Managing Committee or thc Govenieg ,
Body, as thc case may bc, contWenes any of the provisions of the
Act or thc rules- or directions of the State Government or of the
prescribed authority;

(c) the educational institution fails to maintain proper stanwd of education

and discipline;
(d) the educational institution fails to maintain rcquircd students st~=dh
aa provided under section 11;--
(e) thc cducational institution or its Managing committee or the Governing
~ o d y ,as the case may be, misutilises the- funds of the institutioa er
utilises it for any purPOSe other than fcr management of. the educationd,
iastitution;
Cf) the percentage of students Passing the annual and ~ - u p p l c m e ~ ~ ~
- axaminations conducted by ihc Board of Secondqry Education or the
Council of ,Higher Secondary Education. or the conkcrued U n i v e r a i ~ ,
as the case' may- be, falls short of half of the percentage of st~dcats
passing such examinations fcr the cntrrc Board, Council or University
as the case may be, for three consecutive years;
. ,
(g) thc educational institution fails to conduct examinations held by the
Board, Council or the University or any other examining body of
the State rnirly and properly or thc management or any of its
cmployec assists or abets in malpractice in such examination or fmils
to' prevent malpractices;

(If). the educational institution is foulld to have admitted studenth in

excea of the recowised or affiliated strength or, !n classes, c o w s or stream
or subjects in r e a d to which no permission has been re&ciued;
(i) except. as otherwise permitted the educational institu tioh admils studtnts
- rLu .
ea criteria' other than merit, which in i the context of r e ~ e r v dseats
shall mean inter se merit within tbz rbervcd category;
( j ) the cducational institution docs not admit fresh students far m0 .
masecutive years or. shifts to another localiiy or to' diffa-t premises
withour prior perm~ssion; and
(k) the educational institution bas obtained recoyition by fraud or
misreprescntati~nof facts Or through a faI6e declaration.
t
. .
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(2) When3 the prescribed authority is sa~isficdon own information or othenvise

that circumstances exist for taking action for withdrawal of recognition of -
any educational instituti,on, he shall make an inquiry *or cause an inauiry to be
made into the grounds on which recognition is proposed to bc withdrawn and
give an opportunity to the management to make repqsentation within a perisd
I of .thirty days against the proposed action. $he .pmcrjbed authority shall furnish
his report and recommendation to r hc Committee 'constituted under pb-section ,

(4) of section -6.

(3) The' Committce after considering the records, repori and recornmcdation
of the,prescribed authority and after affording an opportunity to the management
of being, hcerd pass an order either withdrawing or suspending the recognition
granrcd to the said institution.
(4) Nstwithst~nding the withdrawal or 6Usponsion of recognition under sub-
Wction (3), the students admitted to that educaticnal institution till the date of
such .withdrawal-or . suspensio~ shall be ailowed ta continue as if the s a i d
educational institution continue6 ta be rqcognised till that batch of '

students appear in the- examination eonductcd by the Board, ' the Council or the
'

University, as the case may be. The educaticnal institution shall not admit fresh - - ,
students during the period of suspension, or after withdrawal of recogniton.
---( 5 ) Any ehucational institution
-
-
aggricvcd by an orger of the' Committce with
drawing or . suspending the recognition of any educational institution may prefer .

an appeal within a period of thrity #daysof the receipt of the order before the .
,

Stgte Government whose decision thereon shall be 16nal". /

hmdmcnl
of section 7. - 6. In the principal Act, in section 7,-
(i) ia sub-section (4), the words "and shall be reconstituted in accordance
with the rdcs" shall be inserted at the end;,
P

'
(ii) after sub-section (5), the --followhg sub-sect ion shall be added, namely:-
"(6) The prescribed authority may alIow the Governing Body or the Managing
Committee, as the mse may. be, whose term has expired under sub-section . ,
(4) or sub-ection . (2) of section 7-A to conlinue in ofice till the
Go.vernin&,.Body or the Managing Committee iis ~econstituted, or appoint
' - any person ,or pemone to exercise the powers and discharge the functions
, of the Governing Body or the Managing Committee during thc intervening
period: . . . .

Provided that the State Government may reconstitute the Governing - Body or
the Managing Committee as the case may be, notwithstanding that the term of
such Governing Body or Managing Committee has. not expired and on such
reconstitution, the existing Managing Committee or Governing Body, as the case
may be, shall stand dissolved."

- Amendmtnr 7. In section 7-B of the principal ,Act, for sub-section (2) the,following
section 7-B. shaH be substituted, namely:- , ;
'
"(2) Every prjv& Educational Institution &hail appoint quaMed teachers
non-teaching slaff by making selection in .accordance with the procdure and
add
criteria prescribed by the State Government".
I
,. 1
SubstituUon 8. In the principal Act, for sections 7-C and 7-D including the margins
of headings, the following sections shall be substituted, namely:-
sations 7-C
and 7-D. F

7-C. (1) The state. Government shall within the limits of ik economic capacity
. set apart a sum of money annually for being given as graut-in-aid to private
Educaticnal Institotion in the, State.
(2) N o order according permission or approval or recognition under .- thi0 .
Act, whether prior to or aftcr the commencement of the Orissa ' Education '

(Amendment) Act, 1994, shaIl entitle any private educationrrl institution to -

rewive grant-in-aid.
 LatestLaws.com

.-62 -

(3) Save as otherwise provided, no private Educalionat Insitution which has

not been reeognised by the State Government under this Act, shall be entitled
, to receive any aid from the State Government.

(4) Notwithstanding anything contained in any law, rule, e ~ e c u ~ i vorder

e or .

any judg~mcnt,~ daree or order of any Court, no grant-in-aid shall be paid and h
no payment towards salary . cosls or any othet expense shall ba made t o any
privete ed~lcalionalinstitution or for any post or to any pcrson employed in any.
'

such inslitution after the commemment of the Orissa Education (Amendment)

Act,. 1994, except in accordance with an order or rule made under this Act.
Grant-in-aid whcrc admissible under the said rule or order a6 the case may be,
shall be, payablc from sucb date as may bs specified in that rule or order or
from such date as may bc determined by the State Government :
, .
.provided that -pending framing of such rule or issue .of order, the State
'

Govlrnment may, without prejudice to such rule or older, direct orivate r

cdumtional institutions which wcre receiving grant-in-aid .and the posts in such
educational institution& in respect of which grant-in-aid was being released shdl
continue t o be paid sucb amount as grant-in-aid as was bcini paid to them C.
immediately prior to. commencement of the Orissa Education (Amendment) Act, 1994.

( 5 ) Notwithstanding anything .contained in a y law, rnfe, executive order or

any judgement, decree or order of any Court thc following categories of private
educat tonai institutions shall only be eligible for consideration for paygcnt oC
grant-in-aid:-

la) Upper Primary Schools imparting instructions or course prescribed by

the Stat5 Government in standards or classes VI and VII or Sanskrit Tols and
Madrauias imparting equivalent courses.

(b) High SchooIs imparting instructions or course for High School Certificate
Examination conducted by tho Board of Secondary Education, Orissa or institutions
impart!ng Madhyama Course of Sri Jagannath Sanskrit University and Madrasas
-
impartmg equivalent co Urse. 2

(c) Higher Secondav Schools or Junix Colleges imparting instructions or

, ,

' course for Higher Secondary Examiaat~on conducted by the Council EIF Higher
Seconda~y Education, Orissa or institutions . impari ling Upasastri course of
Sri Jagannath Sanskrit Univarei ty arid Madrassrs imparting equivalent course. .

( d ) Colleges imparting coarsm for B..A., B. Sc. or B. Corn. degrees of tbe

Utkal, Berhampur and Sambalpur Universities and Shastri courses of Sri Jagannath
Sanskrit University.

(6) No educational institution imparting any other courses of studies except

- those provided in su b-scction (5) shall be eligible for grant-in-aid from Govern- 1'
ment. EducationaI Institutions csta blishcd and/or managed by Urban .Local Bodies, .
ZilIa Parishads, Panchayat Samitis and Grama Panchayats, PubIic Sector
Undertakings. or Companies or Statutory bodies fihall nct b: eIigibIc for grant-
'

in-aid 'under this Act. "

(7) A Governing Body or Managing Committee desirous of availing the

'

facility of grant-in-aid shall make an application for the purpose within such
period and shall furnish euch information and documents including audited
statement'of accounts of t he'institution as may bc prescribed. It. shall rurnish
with the appIicalion an undertaking to the effect that . grant-in-aid sanctioned far
the purpose or meeting part or whole of the salary cotits shall be disbursed ;
directly to employees concerned and- to refund ady excess - or inadmissibIe payment
that may have been made.

wiwrnd 7-Dm((1 The prcicribed authority may withdraw the gaof-ia-aid of piivafe
of grant-fn- cdumti onal institution, if-
did.
(Y) the recognition of the institution has been suspindzd or withdram;
 LatestLaws.com

. (ii) the percentage of students passing the Annual and Supplementary exami-
nations - conducted by the Board of ,Secondary Education or the Council
of Higher Secondary Education or the- concerned University, as the
case may be, faIls short of half of thc percentage of students passijzg
such examination for the cntire Board or the Council or the University,
. as the c m may be, for three consecutive ycars;

(iii) the Governing Body or thc Managing Committee, as the case may be
defaults in furnishing the statement under sub-etction (1) of section
- 8 furnishes sraternent which is false or incorrect,
C

( i v ) the Managing. Committee o r the Governing Body, as the case may be,
or the Secretary of an aided educational institution acts in contraven-
tion of the provisions of .sub-section (I) of- section 9, or of any ordm
passed under sub*ection (2) of section 9;
(v) the Governing Body or the Managing Committee, as the case may be,
, or the Secretary is found to be misutilising the funds of the educa-
tional in!titu tion concerned including grant-in-aid received, if any, or
utilising ~t for any purpose other - than meetiag the legitmate cost of
running the educational institution,, deveIopment of the educational
institution, or wrlfare of the students or employees of that institution ;
( v i ) ihera has been persistent default in maintaining correct accounts of the
, reccipts and expenditure of the educational institution or there ,has
been persistent default in submitting audited statement of its accounts
within the specified period ;

(vii Ithe educational institution fails to conduct the examinations of the

Board, the Council, or any of the Universities or ar:y other examining
nodies of the State fairly and properly or if tbe Governing Body or
the Managing Committee, as the case may be,or any of its employees
assists or abele in adoption of maIpractices in such examinations or
fails to prevent adoption of malpractices ;
(viii) unless otherwise permittcd, the educational iktitution is fouhd to be
. .
admitting students on any criteria other than merit ;
Explu,~drion-In the context of merit of students belonging to reserved ,.

categories i t shall mean-inter se merit within the rrspective category ;

(3)the private educatibnal institution utilises the grant-in-aid for any purpose
other than the purpose for which such grant-in-aid was paid speci-
fically or fails to render 'satisfactory and timeIy account. of its proper
uti[isation ;
(x) the private educational institution has secured grant-in-'aid by fraud or
' by misrepresentation of facts or by submission of incorrect facls
through false decIaration or by conmallng any relevant information;
( x i ) the aided educational institution refuses to accept a teacher posted on
, transfer or continues to retain the services or a teacher who has been
transferred by the competent authority ; and
(xii) the aided educational institution makes appointment in a manner not
consistent with the Act and the Rules :

Provided that whcre the' prescribed authority , is satisfied that prima

facie circumstances exist for action under this sub-section, he may make an
- - order, suspending payment of grant-in-aid for such period not exceeding
three months as he may deem fit.
(2) Before withdrawing the grant-in-aid. the Managing -comrnittec or the
Governing Body, as the case may be;, shaII be glven a notice of the action , '

proposed to be taken and required to show cause within 8 period of thirty days
from the date of receipt of tha notice as to why such action shaU not be taken.
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64
(3) The Managing Committee or the Governing'Body, as the case may be,
ng%ieved by an order of the prescribed authority withdrawing grant-in-aid, may, ,

in such manner and within such period not exceeding sixty days, as may be, presm-
bed, prefer an appeal bcfore the State Government, whose decision thereon shall
be final.''.
9. la section 8 of the principal, Act, sub-section (2) shall bc deleted.

Ammbwt
or W ~ D U 9.
10. In section 9 of [he drincipal Act, sub-section
' (9'shall be dclzted. . .

Amcndmwt li. In section I0 of thc principal Act, in - sub-section (21, for the word
of stet ion '0. L ' r e ~ ~ g ~ i e w
d herever
'' it OCCUIS, the word '~aided" sbalI bt substituted.
r
DalctIon of U.Section I I-A of the ;principd ' shall b,c deleted.
sec~~on
Il-A

Ama b t 13. In section 15 of the princiPaI Act, in sub-section (2); for cleuse @b), the L
d #setionU. following clauses shall be inserted, namtIy :-

''@-I) the secretary to Government, Higher Ed ucarion Ex oficio

Department. Member.
@-2) the Secretary to ~ o v e r k e n t , School & Mass Ex oficlo
Education Department. Member.

- (b-3) the Chairman of Council o f , Higher second& Exofitio

Education. Member.
. 1.
- .
,

(b-4) a representative of the Harijan ~ e l l ~ aDepartment

re .. Member
(b-5)- a representative of the Tribal Welfare Department .. Member .
@-6) ~irector, Mass Education .. Member.".
Ameadmodt 14. In section 21 of the principal Act, clause (d) shall be deleted. . -
of waiaa 21.

~~~b~~ 15. In section 23 01 the principal Act, for sub-section (1) the following shall. b~
of a i o n 23. substituted, .namely :-
. -
"(1) The State ~overhmentmay establish a fund caHed the 'Orissa Education
. Developmenl Fund' .which, shall vest in and be administered by a
Comimttea to be constituted in tho prescribed manne~.". .
r

Amendment 16. In section 24 of the pri&ipal Act, in rubsection (I), for the
of seaion 24 folIowing shall be substituted, aarnkly :- '
I

- "(d) the Semeta~yfo Government, Highcr Education Depart- ., Membu.". , I.-

Ir

ment.

Amtadmoot .17 section 27 of tbc principal Act, in sub-section (2), in clause (a), the
, ofataton n.~ ~ r and
d s corn-s "bdng Colleges, Higher Secondary Schools, High schoo~6and
Upper Primary Schools" shall be deleted.
 LatestLaws.com

OR- Ac5 5 OF-1998 , . .

THE ORISSA EDUCATION (AMENDMEm) ACT, 1998 ._ ' r :
. .. . - , '
TABLE .OFCONTENTS

1. Short title and Commencement

2. Amendment of section 7-C
31 'f*eItioa of sections 24-Band 24-C
 LatestLaws.com

-%HE ORTSSA EDUCATION (AMENDMENT) ACT, ,

.I998
. , .

I Reczived the 05se,l? ojrlrc Goyernor o 7 the Jlrd,April]998,. first pn'rlisi~!din ax exlra0rdirW issue of
!he Orissa Gazette, dat2.d trlie-7llt Aptill998 ]
AN ACX FURTHERTO AMEND Tk OR~SSA EDUCATION Am, 19699
,
. .. ,.
. ... 7

h it cnMcd by tbc Legislature of the State ofOrirsa in the ~orty-nkthYe&

the Republic of India as folloWs:-
4r-'-
.. . . ..
Short title
end 1. ( I ) This Act may be called the Orissa Edpcation (~mcndment).Act,1998.
commence-
--
-3n~t. (2)Scction 2 shall be lcemcd to hav.c come into f0rc.e on fhe 1st day. 01-
January, 1986, and thc other provisions of this Act shall come 'idlo-force at once.'
Amtndment 2. In section 7-C of the Orissn Education Act, 1969 (hereinaher rcftrrcd to as the Orisla
or Sxtion principal Act), aftcr sub-sccrion (4), the folIowi11g sub-sections shall be inserted, 15 of 1969
7a. namely-
' L ( 4 4 ) The grant-in-aidt o be borne by the State Government onaccount of
placement of a tcachcr i n am aidzd educalionaI institution receiving
University Grants Commission sca1c.s or pay undcr the C d r c c r Arlvancemcnt,,
Scheme, shall be limited t o the extent as may bc admissibIs by computing]
the period of scrvice rendxed by him against an approved post with tEcCt j
from the date of completion offive ycars of scrvice against such approved
Post ::
Providcd that nothing in this sub-section shall bc constmcd as to effect
the seniority or any oorhcr conditions of service of such a teacher.
(4-b) Notwithstanding enything contained in any judgment, decree or order
of any Court to the contrary, any iastmclions issued, actions iaken or things
done on or after the 1st day 0 January, 1986 in regard t o matters provided
in sub-section ( 4 4 shalI be deemed to have been validly issued, taken or done
as if the said sub-section were in force at all material points of time.".

Insertion of 3. In the Prir,cipal Act, after section 24-A the followjng new sections including
w3iom2+*
a d 344.
the magina! headirlgs shall be inserted, name1y:-

"Adjudiu- 24-B (1) The Tribunal shali have jurisdiction, power and authority to adjudicate
tion by 811 disputes and differences between the Mznaging Commit~ee or, as the case
Tribunal. may be, the Governing Body of any private educational institution and any toache
or employee ofsuch institution 3r the Slate Government or any officer or authorty
of the said Government, relating to or connected with the eligibility, entitlement,
payment or aon-payment of grant-in-aid.
(2) Any pwscn aggrieved by an order pertaining to any matter within the
jurisdiclion of the Tribunal, may make an a p ~ l i ~ a t i o nto the Tribunal for the
red1essa1of his grievance.
(3) On receipt cf an application under sub-section (21, the Tribunal shall
ilso satidfed after such inquiry as it may dcem nccssary that the application is a fllti
case tbr adjudication by it, admit swh apPlication, but wherc the Tribunal isnot
so satisfied, it may summarily reject the application alter recording its reasons :

Providedthat no application before the Tribunal seeking a claim of grant-in-aid

against the State Government or any officer or authority of rhe said Government
shell be admitted, unless the applicant has served a noticc on.the State Government
or concerned officer or authority furnishing the derails of ihe Claim and a period of
two months has expired from the date of receipt of t h e said notice by the State
Government or, as the case may be, the concerned officer or authority.
(4) The Tribunal shall not admit an application under s~b-section(21,unless
it is made within one year from the date of expiry of the period oftrvo months rercrred
to Irksub-section (3).
*
BiU,
For I& Orisfi Gaxttc, E x t n o d i q , dated tho 17th March, 1993 (295)
 LatestLaws.com

(5) The Tribunal shall not be bound by the procedure Iaid down.in the, Code 5 of 1908.
o f Civil Procedure, 1908, but' shall be guided by he principles of nalura: justice
and, subject t o any rules made by the Goverment, shall have power to regulate
its own procedure.

(6) All thc proceedings before the Triknal shall be deemed to be judicial 45 of 1 s t ~ .
proctedings ~ Q i nthe meania of sections 193, 219 and 228 of the Indian pcnal
Code, 1860.

A-1 to 24-C. Any person aggrieved by an order or decision or judgement of the

EkghCoun. Tribunal may prefer au appeal before the High Court within a period of sixty days
from the date of such order or decision or jud~eaent.".
 LatestLaws.com
LatestLaws.com

ORISSA ACT 1 OF '2601

-. . 1

* T H E ORISSAEDUCATION (AMENDMENT) ACT, 2COO

. -.-
[Recehed the assent of the Governor on the 9th February 200 1, first Published in an
ordinery issue o f the Orissa Gazette, deted the 29th March, 2007 (No. 51 1)' 1. '

AN ACT FURTHER 7 0 AMEND THE ORISSA EDUCATION ACT, 1969.

BE~tenacted by the Legislature of the State of Orissa in the ~ifty-first Year

of the Republlc of India as follows: - . ,

short title, 1. This Act may be called the Orissa Education (Amendment) Act, 2000

Amendment 2, In section: 6 of the Orissa ducati ion Act, 1969, in sub-section (91,- Orieea Act t 6
ol section 6- of 1969.
(a) for the word "five years", the - words "seven years" shall be
substltuted~ and

(b) for the provisos, the followin6 proviso shall be substituted,

namely:-

"Provided that any private educational institution which has received

temporary recognition for a period of five Years or more prior t o the
commencement of the Orissa Education (Amendment) Act, 2000, but has not
been recognised, may be granted temporary recognition for a period not
exceeding one year at a time and two yeais in the aggregate afier such
commencement so as to enable the lnstltution to fulfil all the conditions for
recognition."

o or the Bill, see Orlsse Gazette, ExtraordlnarY, dated the 16th

December, 2000 (No. 1765)