Amendment status not verified — confirm the current text below against the official source.
Substituted byibid, s. 8 we 1" (Sec. 7-B to 7-C—contd.) _ Q) Saveas otherwise Provided, no private Educational Institution which hasnot been Tecognised by the State Government underthis Act shall be entitled to receive any aid from the State Government. (4) Notwithstanding anything contained in any law, rule, executive order or any judgement, decree or order of any Court, no grant-in-aid shall be paid and no Payment towards salary costs or any other expense shall be made to any Private educational institution or for any Post or to any person employed in anysuch institution after the commencementof the Orissa Education (Amendment) Act, 1994, except in accordance with an order or rule made under this Act. Grant-in-aid where admissible under the said rule or order as the case may be, shall be payable from such date as may bespecified in that rule or order or from such date as may be determined by the State Government: Provided that pending framing of such rule or issue of order, the State Government may, without Prejudice to such rule or order, direct that private educational institutions which were receiving grant-in aid and the posts in such educational institutions in respect of which grant- in-aid was being released shall continue to be paid such amount as grant-in-aid as was being paid to them immediately prior to commence- mentof the Orissa Education (Amendment) Act, 1994, (5) Notwithstanding anything contained in any law, rule, executive order or any judgement, decree or order of any Court the following categories of private educational institutions shall only be eligible for consideration for payment of grant-in-aid:— (a) Upper Primary Schools imparting instructions or course prescribed by the State Government in standards or classes VI and VII or Sanskrit Tols and Madrasas imparting equivalent courses. (6) High Schools imparting instructions or course for High SchoolCertificate Examination conducted by the Board of Secondary Education, Orissa or institutions imparting Madhyama Course of Shri Jagannath Sanskrit University and Madrasas imparting equivalent course. (¢) Higher Secondary Schools or Junior Colleges imparting instructions or course for Higher Secondary Examination conducted by the Council of Higher Secondary Education Orissa or institutions imparting Upasastri course of Shri Jagannath Sanskrit University and Madrasas imparting equivalent course. (d) Colleges imparting courses for B.A., B.Sc, or B. Com, degrees of the Utkal, Berhampur and Sambalpur Universities and Shastri courses of Shri Jagannath Sanskrit University. (6) No educational institution imparting any other courses of studies except those provided in sub-section (5) shall beeligible for grant-in-aid from Government. Educational Institutions established and/or managed by Urban Local Bodies, Zilla Parishads, Panchayat Samitis and Grama Panchayats, Public Sector Undertakings or Companies or Statutory bodies shall not be eligible for grant-in-aid underthis Act. Withdrawal of aid, 14 (Sec. 7-D) 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 such information and documents including audited statement of accounts ofthe institution as may be prescribed. It shall furnish with the application an undertaking to the effect that grant-in-aid sanctioned for the purpose or meeting part Or whole of the salary costs shall be disbursed directly to employees concerned and tO refund any excess or inadmissible paymentthat may have been made. 7-D. (1) The prescribed authority may withdraw the grant-in-aid of a private educationalinstitution, if— (ithe recognition of the institution has been suspended or withdrawn; (ii) the percentage of students passing the Annual and Supple- mentary examinations conducted by the Board of Secondary Education or the Council of Higher Secondary Education Or the coNcerned University, as the case may be, falls short of half of the percentage of students passing such examination for the entire Board or the Council or the University, as the case maybe, for three consecutive years; (iii) the Governing Body or the Managing Committee, as the case may be, defaults in furnishing the statement under sub-section (1) of Section 8 or furnishes statement whichis false or incorrect; (iv) the Managing Committee or the Governing Body, as the case may be, Or the Secretary of an aided educational institutioa acts in contravention Of the provisions of sub- section (1) of Section 9, or of any order passed under sub-section (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 educationalinstitution concerned including grant-in-aid received, if any, orutilising it for any purpose other than meeting the legitimate cost of running the educational institution, development of the educational institution, or welfare of the students or employees of that institution; (vi) there has been persistent default in maintaining correct accounts of the receipts and expenditure of the educational institution or there has been persistent default in submitting audited statement of its accounts within the specified period; (vii) the educationalinstitution fails to conduct the examinations of the Board, the Council, or any of the Universities or any other examining bodies of the State fairly and properly or if the Governing Body or the Managing Committee, as the case may be, or any of its employees assists or abete in adoption of malpractices in such examinations or fails to-prevent adoption of malpractices; won ta Pirates Oe 8d nw: crtSits, (Secs. 7-E—7-F) -(viii) unless otherwise permitted, the educational institution is found to be admitting students on any criteria other than merit ; Explanation—In the context of merit of students belonging to reserved categories it shall mean inter se merit within the Tespective category ; (ix) the private educationalinstitution utilises the gtant-in-aid for any purpose other than the Purpose for which such grant-in-aid was paid specifically or fails to render satisfac- tory and timely accountofits properutilisation . (x) the private educationalinstitution has secured grant-in-aid by fraud or by misrepresentation of facts or by submission of incorrect facts through false declaration or by concea- ling any relevant information ; (xi) the aided educationalinstitution refuses to accept a teacher posted on transfer or continues to retain the services of a teacher who has been transferred by the competent authorty ; and (xii) the aided educationalinstitution makes appointment ina mannernot consistent with the Act and the Rules : Provided that where the prescribed authority is satisfied that primafacie circumstances exist for action under this sub-section, he may make an order suspending paymentof grant-in-aid for such period not exceeding three months as he may deemfit. (2) Before withdrawing the grant-in-aid, the Managing Committee or the Governing Body, as the case may be, shall be given a notice of the action proposed to be taken and required to show cause withina period of thirty days from the date ofreceipt of the notice as to why such action shall not be taken. (3) The Managing Committee or the Governing Body, as the case may be, aggrieved by an orderof the prescribed authority withdrawing grant-in-aid, may, in such manner and within such period not exceeding sixty ays, as may be prescribed, prefer an appeal before the State Government, whose decision thereon shall be final. 7-E. Notwithstanding anything to the contrary contained in this Act, on and after the commencementof the Orissa Education (Amend- Teomition ment) Act, 1989, the State Government shall not accord permission for ofcertain establishment of any, Private Secondary Training School or Private institution. Training College or recognise any such School or College established, if any, prior to the said date.] *IGowdesie 7-F, Notwithstanding anything containedin this Act or the rules ment not made there under or in any judgement, decree or order of any Court Bound. ion the State Government shall not be bound to accord permission for mission for establishment of any private Secondary Training School or Private cee Training College, or recognise any such school or College established, recognise if any, prior to the 14th day of August, 1989 and non-recognjtion of fainine such schoolor college shall not be questioned in any Court of Law or Schools & otherwise be open to challenge.] Colleges,