Section 31 in The Goa, Daman and Diu School Education Rules, 1986
31. Notice of intention to open a new school.
(1)With a view to enabling the Director of Education to arrange for the planned development of the school education in the Union territory of Goa, Daman and Diu, every [* * *] [The words 'individual, association of individuals' have been omitted by (Amendment) Rules, 1994 (O. G., Series I No. 28 dated 14-10-1994).] society or trust, desiring to establish a new school, shall, before establishing such new school give an intimation in writing to the Directorate of Education of [* * *] [The words 'his or' have been deleted by (Amendment) Rules, 1994 (O. G., Series I No. 28 dated 14-10-1994).] their intention to establish such school, at least six clear months before the commencement of the academic year.(2)The intimation, referred to in sub-rule (1) shall contain the following particulars, namely:-(a)zone/district, the taluka and the village with actual locality in which the new school is proposed to be established and the approximate number of students likely to be admitted in such class of the school;(b)the stage of education intended to be imparted and the medium of instruction to be adopted in the new school;(c)the number of schools of the intended stage and medium of instructions in existence in the locality or in its neighbourhood with actual distance from the existing schools of the type where the new school is proposed to be established and the population of such locality/village/town, as the case may be;(d)the particulars including measurements of the building or other structure in which the school is proposed to be conducted;(e)the financial resource from which the expenses for the establishment and running of the school are proposed to be met and whether any application is proposed to be made for any aid; after one year of its existence;(f)the reserve funds, the [* * *] [The words 'association of individuals' have been omitted by (Amendment) Rules, 1994 (O. G., Series I No. 28 dated 14-10-1994.] the trust possesses in order to meet the recurring expenses including the salaries of the staff;(g)the composition of the Managing Committee of the proposed new school, [* * *] [The words 'until the new school is recognized and the new Managing Committee is constituted' have been omitted.] in accordance with the scheme of Management made under the Act and the rules framed thereunder;(h)the [* * *] [The words 'proposed', 'until its recognition under the Act' and 'wherever permissible', omitted.] procedure, [* * *] [The words 'proposed', 'until its recognition under the Act' and 'wherever permissible', omitted.] for the selection of the head of the school and other teachers and non-teaching staff [* * *] [The words 'proposed', 'until its recognition under the Act' and 'wherever permissible', omitted.] and the minimum qualifications prescribed for their recruitment; ["as per the Act and the Rules made thereunder"] [These words have been inserted.];(i)the [* * *] [The word 'proposed' has been omitted by (Amendment) Rules, 1994 (O. G., Series I No. 28 dated 14-10-1994).] scale or pay for the head of the school and other teaching and non-teaching staff, ["shall be such as laid down by the Government"] [These words have been substituted for the words 'until the school is recognized under the Act';.];(j)Any other facility which is proposed to be provided for the students of the proposed new school ["in addition of those provided in the rules"] [These words inserted.].["(k) The party proposing to open a new school give an undertaking under section 5(1) (g) of the Act."] [Clause (k) inserted.](3)The Director of Education may, after considering the particulars specified in the intimation given to him, under sub-rule (2) and after making such inquiries, as he may think fit, inform the ["party concerned"] [These words have been substituted for the words 'person or persons'.] by whom the intimation was given to him, whether or not opening of the proposed new school would be, in his opinion, in the public interests. A mere intimation of starting a school/class does not automatically entitle the Management to open a school/class without prior written permission of the Director of Education:Provided that no new school shall be permitted more than one class at each stage viz., primary, middle, secondary or higher secondary and after recognition no school shall be permitted to add more than one higher class each year at each stage:Provided further that the Director of Education shall if he is of the opinion that the number of schools existing in the locality or in its neighbourhood, where the new school is proposed to be opened is sufficient to meet the needs of that locality, inform the person or persons by whom the intimation was given to him that the opening of the new school in such locality would be against the public interest:Provided also that while permitting new schools the Director of Education shall adopt the norms, viz.,(i)no primary school of that category shall be permitted within a radius of 1 km.,(ii)no middle school of that category within a radius of 3 kms., and(iii)no secondary school of that category within a radius of 5 kms. from the existing schools, unless the Director of Education is satisfied that the existing school is overcrowded and there is no scope for further expansion, or there is no easy excess to the existing school due to natural barriers like forest area, rivers with running water, or the proposed school is entirely for the benefit of backward class community, scheduled caste or Tribal pupils.Nothing contained in this ["proviso"] [This word substituted for the word 'provision' by (Amendment) Rules, 1994 (O. G., Series I No. 28 dated 14-10-1994).] shall apply to unaided minority schools.
