Bare ActsThe Orissa Education Act, 1969

Section 7

Amendment status not verified — confirm the current text below against the official source.

(1) Notwithstanding anything in any judgment, decree or order of any Court, but subject to the provisions hereinafter conta- ined, the termination of the services of any teacher of an aided educational institution as defined in the Principal Act, made after the 3rd May, 1972 and before the date of commencement of this Act shall, if made without the approval of the Director of Public Instruc- tion (Higher Education) 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 shall refer the case of the said teacher to the Director of Public Instruction (Higher Education) or the Director of Public Instruction (Schools), as the case may be, within one month from the date of commencement of this Act for obtaining his appro- val and thereupon the provisions of Section 10-A of the principal Act as amended by this Act shall, mutatis mutandis apply: Provided that where the Managing Committee or the governing body, as the case may be, fails to make a reference in accordance with this sub-section, the order of termination oftheservices of the teacher shall become void and the teacher shall pe deemed to have been reinstated in service with effect from the day following the date of expiry of the aforesaid period of one month. (3) Where any such termination as is referred to in sup- section (1) was made with the approval of the Director of Public Instruction (Higher Education) or the Director of Public Instruction (Schools), as the case may be, the concerned teacher may prefer an appeal to the Tribunal constituted under the Prifcipal Act as amended by this Act within one month from the date of constity- tion of the Tribunal. (4) Where, on a reference made under sub-section (2) the Director refuses to accord approvaland no appeal is preferred to the Tribunal against the order of refusal, the concerned teacher shall be reinstated with effect from the date of such order. (5) For removal of doubtit is hereby declared that on reinstate- ment, a teacher shall not be entitled to any emoluments forthe period intervening between the date of termination of his service and the date on which he is reinstated but the said period shall be counted towards service. Validation of certain actions. 27 ANNEXURE II [Provisions of the Orissa Education (Amendment) Act, 1975 (Or. Act 53 of 1975), not incorporated in the Original Act.} * * *

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