Amendment status not verified — confirm the current text below against the official source.
(1) An application for recognition of a private educational institution shall be made to the prescribed authority on or before the 30th November of the academic year in which theinstitution starts functioning: 1, Substituted by the Orissa Act 13 uf 19945. 5 6 (Sec. 6—contd.) Provided that no application for recognition filed before commence> ment of the Orissa Education (Amendment) Act, 994 shall be tejected only on the ground that it has not beenfiled within the date specified in this sub- section. ExplanationAcademic year means a period of twelve months beginning with the Ist day of June and ending with the 3{st day of Mayof the next calendar year. (2) No private educational institution shall be eligible for recogni” tion unless it has been eStablished with prior permission under this Act. (3) Every application for recognition shall be made in the prescribed form accompanied by such docurrents and information as may beprescribed. The applicant shall furnish a statement indicating the extent to which conditionsspecified in the order granting permission and conditions for recognition as specified under Section 6-A have been fulfilled. Every such application shall be supported by an affidavit attesting the fact that all information furnished therewith are true and correct to the best of the knowledge of the deponent. ay The prescribed authority shall scrutinise the applications. Such of the applications as are foundto be complete in all respects and have been submitted in conformity with the provisions of the Act and the rules framed thereunder shall be considered, and thereafter the pres- cribed authority shall inspect or cause to be inspected the educational institution in respect of Which recognition has been applied for, and shall make a report with his recommendations which shall be placed before a committee constituted by the State Government in this behalf. (5) The State Government may constitute one or More committees for consideration of applications for recognition and such Committee may be constituded for the whole State or foy any part thereof or for different categories of private educational institution and may make regulations for conductof business of such committees. (6) The Committee shall consider the application for recognition together with the teport and the recommendation of the prescribed authority and maycall for such additional information or may direct such further inspection asit deems necessary. The Committee having considered all aspect shall make an order cither granting recognition, or temporary recognition with or withont conditions, or rejecting the application for reasonsto be recorded. The prescribed authority shall communicate the order made by the Committee in such manner and with such particulars, if any, as may be prescribed. 7) If the permission to establish a private educational Institution is found to have been obtained by fraud or by misrepresentation of facts or through false declaration, the Committee constituted under sub-section (4) may refuse to recognise such institution. (8) The Committee may refuse to recognise 4 private educational institution which has been permitted to be establishedif it is found uilty of improper compétetition with other educational institutions or of deliberate violation of any Provision of this Act, the rules or any direction duly issued by the State Governmentor the Director. cet (See. 6—Contd.) (9) Where a private educational institution has not fulfilled the conditions for recognition in regard to land, building and furniture but the committeeis satisfied that it has made reasonably adequate provisions for accommodation and imparting education, it may decide to grant temporary recognition for a period not exceeding one year at a time and not exceedingfive years in aggregate. The application for extension of temporary recognition shall be made and considered in the same manner as an application for recognition and no extension of temporary recognition shall be granted unless the committee is satisfied that applicant has taken reasonable measures to fulfil the conditions for recognition and that there has been no deterioration in the standard of facilities during the year for which temporary recognition was granted; Provided that in computing the total period for which a private educational institution may be eligible for grant of temporary recog- nition, the number of years for which temporary recognition has been granted prior to the commencement ofthe Orissa Education (Amend- ment) Act, 1994 shall be taken into account: Provided further that any Private educational institution which has xeceived temporary recognition for a period of 4 years or more Prior to the date of commencement of the Orissa Education (Amend- ment) Act, 1994 but has not been recognised may be granted temporary recognition for a period not exceeding one year at a time and two years in the aggregate after commeNcementof the Orissa Education (Amend- ment) Act,1994 so as to enable suchinstitution to fulfil all conditions forrecognition. (10) Any applicant aggrieved by an order refusing to accord recognition, may within one month from the date of communication of such orderfile a review petition before the committee constituted under sub-section (4). The committee after calling for such information and causing such further inquiry as may be necessary and after giving an opportunity of being heard tothe petitioner shall take decision and dispose ofthe petition. (11) Grant of recegnition may be restricted to any standardor class or any stream or subjects or may extend to the whole institution. The procedure laid down for grant of recognition shall mutatis mutandis apply to applications for recogMition in respect of increase in seats, opening of new faculties or courses, starting new subjects or opening ofadditicnnl sections. (12) No educationalinstitution shall be eligible for affiliation or recognition by the Board of Secondary Education constituted under the Orissa Secondary Education Act, 1952 or the Council of Higher Secondary Education constituted under the Orissa Council of Higher Secondary Education Act, 1982 or any of the Universities established under the Orissa Universities Act, 1989 unless it has received recognition under this Act and continues to: be so recognised. When the recog- nition granted to any private educationalinstitution is withdrawn or suspended, the recognition or affiliation granted by the Board of Secondary Education, Council] of Higher Secondary Education or any one of the Universities, as the case may be, shail be deemed to have been withdrawn or suspended: ondltion OF recogni- tion. 8 (Sec. 6-A) Provided that any educational institution which has received temporary recognition for a year under the Actshall only beeligible for temporaryaffiliation, or recognition, as the case may be, for that year. _ (13) No recognition shall be accorded to an educationalinstitution imparting technical andprofessional education which does not fulfil the conditions specified in any other law for the time being in force as are applicable to such institutions. 6-A. (1) No educational institution shall be eligible for recognition undersection 6 unlessit fulfils the following conditions, namely:— (a) such extent of land as may be prescribed has been provided for the educational institution under a valid title and the institution is under lawful and valid possession of that land; (5) the institution has been provided with a fire-proof building of its own with adequate ventilation and lighting consisting of such accommodation as may be prescribed for class rooms, laboratories, libraries, office accommodation, staff and students common room and toilets for men and women; ; (¢) adequateland is available and has been earmarked for play- ground and sufficient facilities have been provided for physical education, games andsports; (d) land has been provided for cycle stands for High Schools, Higher Secondary Schools, Junior Colleges and Colleges, as the case may be ; (e) adequate provision have been made for supply ofclean drinking water and sanitation; (f) the land and the buildings of the educational institution are located in sanitary and healthy surroundings with suitable access from public roads ; (g) qualified teachers and non-teaching employees selected in accordance with the prescribed procedure as per the prescri- bed yardstick have been appointed ; (A) laboratory or laboratories where necessary have been provi- ded together with required consumables; (4) such equipments and teaching aids as are required have been provided ; (J) required furniture including Black Boards have been provi- ed : > (k) the educational institution has been provided with library with such number of books and in such subjects as may be directed from time to time ; and (1) the educationalinstitution has adequate financial resources for its continuance and efficient management. gine (Sec. 6-B) (2) Every application for recognition shal be accompanied by ap undertaking that the institution has adequate financial resources to meet the salary and other costs of the educational institution and thatit shall not claim grant-in-aid from the State Government. (3) The State Government may by order, relax any one or more of the conditions of recongnition specified under sub-section (1) relating to land, building and furniture in respect of educational institution situated in an educationally backward district : Provided that no relaxation shall be made which would adversely affect the academic standards or quality of education. Explanation—The expression “educationally backward district” shall for the purposes of this sub-section mean a district in which the percentage ofliteracy is less than fifty per cent of the total population of the district as per thelatest census. ‘Withdrawal 6-B. (1) Recognition accorded under the Act may be withdrawn on freon one or more of the following grounds, namely:— (a) the educationalinstitution no longerfulfils the conditions for recognition ; (5) the educational institution, its Managing Committee or the Governing Body, as the case may be, contravenes any of the provisions of the Act or the rules or directions of the State Governmentor of the prescribed authority ; (c) the educational institution fails to maintain proper standard of education and discipline 5 (@) the educationalinstitution fails to maintain required students strength as provided undersection 11 ; (e) the educational institution or its Managing Committee or the Governing Body, as the case may be, misutilises the funds of the institution or utilises it for any purpose other than for management ofthe educationalinstitution ; (Jf) the percentage of students passing the annual and supple- mentary examinations conducted by the Board of Second- ary Education or the Council of Higher Secondary Educa- tion or the concerned University, as the case may be, falls short of half of the percentage of students passing such examanations for the entire Board, Coucil or University, as the case may be, for three consecutive years ; (g) the educationalinstitution fails to conduct examinations held by the Board, Council or the University or any other exam- ining body of the State fairly and properly or the manage- mentor any of its employee assists or abets in malpractice in such examination orfails to prevent malpractices ; (A) the educational institution is found to have admitted stu- dents, in excess of the recognised or affiliated strength or, in classes Courses or stfeam or subjects in regard to which no permissio has been received ; 10 (Sec. 7) (i) except as otherwise permitted the educationalinstitution ad- mits stduents on criteria other than merit, which in the context of reserved seats shall mean inter se merit within the reserved category ; (j) the educationalinstitution does not admit fresh students for two consecutive years or shifts to another locality or to diffe- rent premises without prior permission ; and (k) the educational institution bas obtained recognition by fraud or misrepresentation of facts or through a false declaration. (2) Where the prescribed authority is satisfied on own information or otherwise that circumstancesexist for taking action for withdrawal of recognition of any educationalinstitution, he shall make an enquiry or cause an enquiry to be made into the grounds on which recogni- tion is proposed to be withdrawn and give an opportunity to the management to make representation within a period ofthirty days against the proposed action. The prescribed authority shall furnish his report and recommendation to the Committee constituted under sub- section (4) of section 6. (3) The Committee after considering the records, report and re- commendation of the prescribed authority and after affording an oppor- tunity to the management of being heard pass an order cither withdraw- ing of suspending the recognition granted to the said institution. (4) Notwithstanding the withdrawal or suspension of recognition under sub-section (3), the Students admitted to that educational insti- tion till the date of such withdrawal or suspensionshall be allowed to continue as if the said educational institution continues to be recog- nised till that batch of students appear in the examination conducted by the Board, the Council or the University, as the case may be. The educational institution shall not admit fresh students during the period ofsuspension or after withdrawal of recognition. (5) Any educational institution aggrieved by an order of the Com- mittee withdrawing or suspending the recognition of any educational institution may prefer an appeal within a period of thirty days of the receipt of the order before the State Government whose decision thereon shall be final. (7. (1) Every private educational institution shall have a managing committee or governing body, 2s the case may be, constituted in accordance with the rules. 3 ® The managing committee or the governing body, as the case may be, constituted for any private educationalinstitution, shall obtain the approval of its constitution by the prescribed authority inthe prescribed manner failing which the institution shall not be eligible for recognition. Sa Act 15 of 1989, section 7 1, Substituted bythe cananengy (Sec, 7—contd.) (3) The managing committee or the governing body, as the case maybe, shall be responsible for the proper manageirent of the ° institution and shall exercise such powers and perform such functions as may be prescribed. (4) A managing committee or the governing body, as the case may be, shall continue in office for a term of '[ three years | from the date of its approval by the prescribed authority under sub- section (2) 7[ and shall be reconstituted in accordance with the rules. 5[(5) The existing Managing Comnittees or the Governing Bodies, as the case may be, of aided or recognised educational institu- tions, which were constituted prior to the date of commence- ment of the Orissa Education (Amendrrent ) Act, 1991 inclu- ding those, if any, which are under supersession on the said date, shall be reconstituted in accordance With the rules that may be made underthis Act for carrying out the provisions of this section as an-ended by the Orissa Educ ‘tion (Amendment) Act, 1989, within a period of‘[two years] from the date ofcomme- Orissa Act ncement of the said rules and évery such existing Managing 15°! 1°. Committee or Govering Body, as the case may be, shall cease to continue in office on and from the date on which it is so reconstituted. ] 5{(6) The prescribed authority may allow the Governing Bodyorthe Managing Committee, as the case may be, whoSe term has expired under sub-section (4) or sub-section (2) of section 7-A to continue in office till the Governing Body or the Managing Committee is reconstituted, or appoint any person or persons to exercise the powers and discharge the functions of the Governing Body or the Managing Committee during the inter- vening period: Provided that the State Government mayreconstitute 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 exprited and on such reconstitution, the existing Managing Committee or Governing Body, as the case maybe,shall stand dissolved. ]