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State of Goa - Act

The Goa, Daman and Diu School Education Act, 1984

GOA
India

The Goa, Daman and Diu School Education Act, 1984

Act 15 of 1985

Published on 1 January 1985
Commenced on 1 January 1985
[This is the version of this document from 1 January 1985.]
[Note: The original publication document is not available and this content could not be verified.]

The Goa, Daman and Diu School Education Act, 1984(Act No. 15 of 1985)An Act to provide for better organisation and development of School Education in the Union Territory of Goa, Daman and Diu and for matters connected therewith or incidental thereto.Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the thirty fourth Year of the Republic of India as follows:-

Chapter I
Preliminary

1. Short title, extent and commencement.

(1)This Act may be called the Goa, Daman and Diu School Education Act, 1984.

(2)It extends to the whole of the Union territory of Goa, Daman and Diu.

(3)It shall come into force on such date as the Administrator may, by notification, appoint and different dates may be appointed for different provisions of this Act, and any reference to the commencement of this Act, in relation to any provision thereof shall be construed as a reference to the date on which that provision comes into force.

2. Definitions.

- In this Act, unless the context otherwise requires,-

(a)"Administrator" means the Administrator of the Union territory appointed by the President under article 239 of the Constitution;

(b)"Advisory Board" means the Board as constituted under section 24 of this Act;

(c)"aid" means any aid granted to a recognised school by the Administrator, or any other authority designated by the Administrator;

(d)"aided school" means a recognised private school which is receiving aid from the Administrator or any other authority designated by the Administrator;

(e)"appropriate authority" means the Administrator or any other officer authorised by him in this behalf;

(f)"Director" means the Director of Education, Government of Goa, Daman and Diu, and includes any other officer authorised by him to perform all or any of the functions of the Director under this Act;

(g)"employee" means a teacher and includes every other employee working in a recognised school;

(h)"existing employee" means an employee of an existing school who is employed in such a school immediately before the commencement of this Act;

(i)"existing school" means a recognised school which is in existence at the commencement of this Act;

(j)"Government" means the Government of Goa, Daman and Diu;

(k)"Head of school" means the principal academic officer, by whatever name called, of a recognised school;

(l)"local authority" means -

(i)in relation to an area within the local limits of a municipal council constituted under the Goa, Daman and Diu Municipalities Act, 1968, the municipal council concerned;

(ii)in relation to an area within the local limits of a Village Panchayat constituted under the Goa, Daman and Diu Village Panchayat Regulations, 1962, the Village Panchayat concerned;

(m)"manager" in relation to a school, means the person by whatever name called, who is entrusted, either on the date on which this Act comes into force or, as the case may be, under a scheme of management made under section 6 with the management of the affairs of that school;

(n)"managing committee" means the body of individuals which is entrusted with the management of any recognised private school;

(o)"minority school" means a school established and administered by a minority having the right to do so under clause (1) of article 30 of the Constitution;

(p)"notification" means a notification published in the Official Gazette;

(q)"prescribed" means prescribed by rules made under this Act;

(r)"private school" means a school which is not run by the Central Government, Administrator, or any other authority designated or sponsored by the Central Government or Administrator;

(s)"public examination" means an examination conducted by the Central Board of Secondary Education, Council for School Certificate Examinations or the Goa, Daman and Diu Board of Secondary and Higher Secondary Education or any other Board recognised by the Administrator or any other officer authorised by him in this behalf;

(t)"recognized school" means a school recognized by the appropriate authority;

(tt)[ "residential school" means a school which provides facilities of lodging and boarding to its student;] [Inserted by the Amendment Act 26 of 2001.]

(u)[ "school" includes a pre-primary, primary, high school and higher secondary school, and also includes any other institution which imparts education or training below the degree level, but does not include an institution which imparts technical education;] [Substituted by the Amendment Act 26 of 2000.]

(v)"school property" means all movable and immovable property belonging to, or in the possession of, the School and all other rights and interests, in, or arising out of, such property, and includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps, equipment, utensils, cash, reserve funds, investments and bank balances;

(w)"teacher" includes the Head of a school;

(x)"tribunal" means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965;

(y)"unaided minority school" means a recognised minority school which does not receive any aid;

(z)"Union territory" means the Union territory of Goa, Daman and Diu.

Chapter II
Establishment, recognition, affiliation, management of, and aid to Schools

3. Power of Administrator to specify the scales of pay of teachers of unaided schools.

- The Administrator shall by notification, specify the minimum scales of pay of the teachers of schools whether recognised or not.

4. Power of Government to regulate education in schools.

- [(1) With a view to enable the Government to provide for the planned development of school education in Goa, every individual, association of individuals, Society or Trust, desiring to establish a school or to open additional classes in an existing school, shall, before establishing such school or opening additional classes in an existing school, as the case may be, apply to the Director in writing in such manner and on payment of such fees as may be prescribed.

(2)The Director may, after considering the particulars specified in the application made to him and after making such inquiries as he may think fit, permit the individual, association of individuals, Society or Trust by whom the application was made, to establish a school or open additional classes in an existing school, as the case may be, in the zone and the area applied for:Provided that the Director shall, if he is of the opinion that the number of schools existing in the zone or the area where the school is proposed to be established or where additional classes are proposed to be opened, are sufficient to meet the needs of that zone or the area, inform the applicants that the establishing of the school or opening of additional classes in the existing school, as the case may be, in the zone or the area would not be in public interest and may indicate any other zone or area which in his opinion, needs a new school or additional classes, as the case may be, or may reject the application.

(3)On and from the date of commencement of the Goa School Education (Amendment) Act, 1998, the establishment of a new school or the opening of a class or section of a class or the closing down of an existing class or any section of an existing class in any existing school in the State of Goa, shall be subject to the provisions of the Act and the rules made thereunder and any school or class or section established or opened otherwise than in accordance with the provisions of the Act or the rules made thereunder shall not be recognised by the appropriate authority.

(4)Any person or persons or the Secretary of the Society or the Trust, as the case may be, establishing a school, or opening additional classes in an existing school, without the prior permission of the Director, shall on conviction be punishable with imprisonment for a term which may extend to six months or fine which may extend to fifty thousand rupees or with both, and the school or class so established shall be closed and students readmitted to the nearest school.] [Substituted by the Amendment Act 22 of 1998.]

(5)[ Notwithstanding anything contained in any law, rules, regulations, decree, order or judgement of any Court, new schools shall be permitted to be established in any part of the State of Goa, if,-

(a)in the case of a primary school, no school is functioning within a radius of 1 km. from the proposed school;

(b)in the case of High School, no school of that category is functioning within a radius of 3 kms. from the proposed school;

(c)in the case of Higher Secondary school, no school of that category is functioning within a radius of 8 kms. from the proposed school:

Provided that [* * *] [Inserted by the Amendment Act 26 of 2001.] the restriction as regards distance shall not apply to any category of unaided schools, subject to the condition that such schools fulfil other infrastructural requirements as specified under the Goa, Daman and Diu School Education Rules, 1986, to the satisfaction of the Director and shall not be entitled for any type of Government grant irrespective of their medium of instruction:Provided further that for the establishment of any category of unaided residential school in any part of the State of Goa, the restriction as regards distance shall not apply and such schools shall have to provide all required infrastructural facilities to the satisfaction of the Director. Further such schools shall not be entitled for any type of Government grant irrespective of their medium of instruction. [The permission to establish such school may be granted by the Director after hearing all objections received on the proposal to establish such school.] [Inserted by the Amendment Act 21 of 2006.]]

(6)[ Notwithstanding anything contained in this section, any permission to establish a new school, which has been provisionally granted before the commencement of the Goa School Education (Amendment) Act, 2006 may be approved subject to the condition that such school fulfills other infrastructural requirements as specified under the Goa, Daman and Diu School Education Rules, 1986, to the satisfaction of the Director. Such school shall not be entitled for any type of Government grant, irrespective of its medium of instruction.] [Inserted by the Amendment Act 21 of 2006.]

5. Recognition of schools.

(1)The appropriate authority may, on an application made to it in the prescribed form and in the prescribed manner, recognise any school:Provided that no school shall be recognised unless -

(a)it has such funds to ensure its financial stability which regulate payment of salaries and allowances and other benefits to its employees as prescribed;

(b)it has a scheme of management as required by section 6;

(c)it has suitable or adequate accommodation and sanitary facilities having regard, among other factors, to the number, age and sex of the pupils attending it;

(d)it provides for approved courses of study and efficient instructions;

(e)it has teachers with prescribed qualification;

(f)it has the prescribed facilities for physical education, library service, laboratory work, workshop practice and co-curricular activities; and

(g)it gives an undertaking that it will follow the provisions of this Act and the rules made thereunder.

(2)Every application for recognition of a school shall be entertained and considered by the appropriate authority and the decision thereon shall be communicated to the applicant within a period of four months from the date of the receipt of the application and where recognition is not granted, the reasons for not granting such recognition shall also be communicated to the applicant within the said period.

(3)Where the managing committee of a school obtains recognition by fraud, misrepresentation or suppression of material particulars, or where, after obtaining recognition, the school fails to continue to comply with any of the conditions specified in the proviso to sub-section (1), the authority granting the recognition may, after giving the managing committee of the school a reasonable opportunity of showing cause against the proposed action, withdraw the recognition granted to such school under sub-section (1).

(4)The recognition granted under sub-section (1) shall not, by itself, entitle any school to receive aid.

(5)Every existing school which is receiving aid as on the date of coming into force of this Act shall be deemed to have been recognized under this section and every such school shall be subject to the provisions of this Act and the rules made thereunder:Provided that where any such school does not satisfy any of the conditions specified in the proviso to sub-section (1), the prescribed authority may, by order, require the school to satisfy such conditions and such other conditions as may be prescribed within the period specified in the order and if any such condition is not satisfied within the period so specified, recognition may be withdrawn from such school:Provided further that where any recognized school does not at the commencement of this Act, satisfy any of the conditions specified in the proviso to sub-section (1), the prescribed authority may, by order, require the school to satisfy, within the period specified therein such conditions and such other prescribed conditions as may be specified in the order and if any such condition is not satisfied within the period so specified recognition may be withdrawn from such school.

(6)[ The prescribed authority may, by order, grant recognition to any school which had not obtained recognition earlier for any genuine reasons if the school satisfies the conditions specified in the proviso to sub-section (1) and makes an application in the prescribed form and in the prescribed manner for recognition;] [Inserted by the Amendment Act 26 of 2000.]

6. Scheme of Management.

- Notwithstanding anything contained in any other law for the time being in force or in any instrument having effect by virtue of any such law, the managing committee of every recognized school shall make, in accordance with the rules made under this Act a scheme of management for such school:Provided that in the case of a recognised school which does not receive any aid, the scheme of management shall apply with such variations and modifications as may be prescribed.

7. Aid to recognised schools.

(1)Any authority specified in clause (c) of section 2 may grant, out of the funds made available to it for the purpose, after due appropriation made by law as aid to recognized schools such sums of money as it may consider necessary:Provided that no existing school receiving aid, immediately before the commencement of this Act, shall be eligible for continuance of such aid unless it complies with, within such period as may be specified by the aforesaid authority, the conditions specified in the proviso to sub-section (1) of section 5 and the rules made under this Act relating to the grant or continuance of such aid.

(2)The authority competent to grant the aid may stop, reduce, or suspend aid for violation of any of the provisions of this Act or the rules made thereunder:Provided that no such aid shall be stopped, reduce or suspended unless on a reasonable opportunity of showing cause against such stoppage, reduction or suspension has been given to the management.

(3)The aid may cover such part of the expenditure of the schools as may be prescribed.

(4)No payment, out of the aid given for salary, allowance and provident fund of employees of the school, shall be made for any other purpose.

(5)No unrecognised school shall be eligible to receive any aid or any benefit made available to recognised schools by the authority specified in clause (c) of section 2.

8. Affiliations.

(1)For the purpose of any public examination every recognized higher secondary school shall be affiliated to one or more of the Board or Council conducting such examinations and shall fulfill the conditions specified by the Board or Council in this behalf:Provided that no Board or Council conducting any public examination shall affiliate any school unless such school has been recognized under this Act and such recognition is in force.

(2)The students of recognized higher secondary schools shall be prepared for, and presented to, the public examinations or such other form of evaluation held or made for the students of such schools.

(3)Save as otherwise provided in sub-section (2), the students of every recognized school shall be -

(a)prepared for, and presented to, such public examination as may be held by the Directorate or any other officer or authority specified by the Administrator, or

(b)subjected to such internal evaluation or assessment as may be prescribed.

Chapter III
School Property

9. School Property.

(1)The Management of every aided school shall maintain in the prescribed form a proper record of its property and such record shall be kept for inspection at the time of regular schools inspection.

(2)No aided school shall transfer any property if, by such transfer, any of the facilities referred to in the proviso to sub-section (1) of section 5 is likely to be prejudicially affected.

(3)Notwithstanding anything contained in any other law for the time being in force, no transfer, mortgage or lease of any movable or immovable property of an aided school, not being the property specified in rules, shall be made except with the previous permission of the appropriate authority:Provided that where the appropriate authority omits or fails to dispose of the application for such permission within sixty days from the date or receipt of the application in this behalf the permission shall, on the expiry of the said period of sixty days, be deemed to have been granted.

(4)Any transaction made in contravention of the provisions of sub-section (3), shall be void.

10. School Fund and School Staff Account fund.

(1)In every aided school, there shall be two Funds to be called, respectively, the "School Fund" and the "School Staff Account Fund".

(2)There shall be credited to the School Fund,-

(a)any aid (other than maintenance grant) granted under section 7;

(b)income other than income from fees accruing to the school;

(c)any other contributions, endowments and the like.

(3)There shall be credited to the School Staff Account Fund.

(a)the aid granted by the Administrator by way of maintenance grant;

(b)income accruing to the school by way of fees.

(4)The School Fund and all other funds, including the Pupils. Fund, established with the approval of the Administrator, shall be accounted for and operated in accordance with the rules made under this Act.

(5)In every recognized unaided school, there shall be a fund, to be called the ¡°Recognised Unaided School Fund¡± and there shall be credited thereto income accruing to the school,.

(a)by way of fees or other charges,

(b)save as otherwise provided in clause (a), charges and payments which may be realized by the school for other specified purposes, and

(c)any other contributions, endowments, gifts and the like.

(6)

(a)income derived by unaided schools by way of fees or other charges shall be utilized only for such educational purposes as may be prescribed; and

(b)save as otherwise provided in clause (a) charges and payments realized and all other contributions, endowments and gifts received by the school shall be utilized only for the specific purpose for which they were realized or received.

(7)The managing committee of every recognized private school shall file every year with the Director such duly audited financial and/other returns as may be prescribed, and every such return shall be audited by such authority as may be prescribed.

Chapter IV
Terms and conditions of service of employees of recognized private schools

11. Terms and conditions of service of employees of recognized private schools.

(1)The Government may make rules regulating the recruitment, minimum qualifications for recruitment, and the conditions of service of employees of recognized private schools.[* * *] [Both the proviso omitted by the Amendment Act 9 of 2002.]

(1A)[ Notwithstanding anything contained in any other provision of this Act or the rules framed thereunder or any law for the time being in force or any notification, regulation, decree, Order, Circular, Judgment or instructions, [every employee of a recognized private school, whether aided or not, shall retire at the age of 60 years] [Inserted by the Amendment Act 9 of 2002.].]

(2)[ Subject to any rules that may be made in this behalf, no employee of an aided school shall be dismissed, removed, reduced in rank, compulsorily retired or his service otherwise terminated, except with the prior approval of the Director.

(2a)Where the managing committee of an unaided minority school is satisfied that immediate action against an employee of unaided minority school is necessary by reason of the gross misconduct within the meaning of the Code of Conduct prescribed under section 12, of the employee, it may dismiss, remove, reduce in rank, compulsorily retire or otherwise terminate his service and shall intimate the action taken by it to the Director within fifteen days from the date of the action so taken.] [Substituted by the Amendment Act 1 of 1989.]

(3)Where the managing committee of a recognised private school intends to suspend any of its employees, such intention shall be communicated to the Director and no such suspension shall be made except where a disciplinary proceeding is contemplated or pending, and except with the prior approval of the Director:Provided that no such suspension shall remain in force for a period exceeding six months, which may, with the prior approval of the Director and for reasons directly attributable to the teacher and recorded in writing, be extended by a further period of three months at a time:Provided further that the managing committee may suspend an employee with immediate effect and without the prior approval of the Director if it is satisfied that such immediate suspension is necessary by reasons of the gross misconduct, within the meaning of the Code of Conduct prescribed under section 12 of the employee or where a case against him in respect of any criminal offence involving moral turpitude is under investigation, enquiry or trial:Provided also that no such immediate suspension shall remain in force for more than a period of fifteen days from the date of suspension unless it has been communicated to the Director and approved by him before the expiry of the said period.

(4)[ Where the intention to suspend or the immediate suspension of, an employee is communicated to the Director, he may, if he is satisfied after hearing both the parties that there are adequate and reasonable grounds for such suspension, accord his approval to such suspension.

(4a)Where an employee is suspended in violation of sub-section (3) and (4), or the rules made thereunder, the Director may direct for revocation of the order of suspension.] [Substituted by the Amendment Act 1 of 1989.][* * *] [Sub-section (5) and (6) omitted by the Amendment Act 1 of 1989.]

12. Employees to be governed by a Code of Conduct.

(1)Every employee of a recognized school shall be governed by such Code of Conduct as may be prescribed and on the violation of any provision of such Code of Conduct, the employee shall be liable to such disciplinary action as may be prescribed.

(2)The Code of conduct shall prescribe, among other things, that no employee shall:-

(a)neglect his duties in teaching or curricular activities;

(b)propagate anti-national, communal, caste or sectarian outlook;

(c)make discrimination among the students;

(d)indulge in malpractices connected with examination;

(e)be irregular in attending the school;

(f)accept any object of remunerative character from any source;

(g)prepare or publish any book known as keys or guides;

(h)engage himself as selling agent of any publishing firm;

(i)indulge in political activities within the school premises or incite the students in violent activities;

(j)raise funds without the sanction of the Director;

(k)enter into monetary transactions with the students or parents.

13. Salaries of employees.

- The scales of pay and allowances, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognized private school shall not be less than those of the employees of the corresponding status in schools run by the Government:Provided that where the scales of any pay and allowances, pension, gratuity, provident fund and other prescribed benefits of the employees of any recognized private school are less than those of the employees of the corresponding status in the schools run by the Government, the Director shall direct, in writing, the managing committee of such school to bring the same up to the level of those of the employees of the corresponding status in schools run by the Government:Provided further that the failure to comply with the such direction shall be deemed to be non-compliance with the conditions for continuing recognition of an existing school and the provisions of section 5 shall apply accordingly:Provided also that in each recognized school, which does not receive any aid, there shall be a Fund, to be called "the Employees Retirement Benefit Fund", and there shall be credited to that Fund every contributions made by the school and the employees towards retirement benefits.

14.

[* * *] [Omitted by the Amendment Act 1 of 1989.]

Chapter V
Provisions applicable to unaided minority schools

15. Power to prescribe minimum qualifications for recruitment.

- The Government may make rules regulating the minimum qualifications for, and method of recruitment of employees of unaided minority schools:Provided that no qualification shall be varied to the disadvantage of an existing employee of an unaided minority school.

16. Power to prescribe Code of Conduct.

- Every employee of an unaided minority school shall be governed by such Code of Conduct as may be prescribed.

17. Contract of service.

(1)The managing committee of every unaided minority school shall enter into a written contract of service with every employee of such school:Provided that if, at the commencement of this Act, there is no written contract of service in relation to any existing employee of an unaided minority school, the managing committee of such school shall enter into such contract within a period of three months from such commencement:Provided further that no contract referred to in the foregoing proviso shall vary to the disadvantage of any existing employee the term of any contract subsisting at the commencement of this Act between him and the school.

(2)A copy of every contract of service referred to in sub-section (1) shall be forwarded by the managing committee of the concerned unaided minority school to the Director who shall, on receipt of such copy, register it in such manner as may be prescribed.

(3)Every contract of service referred to in sub-section (1) shall provide for the following matters, namely:-

(a)the terms and conditions of service of the employee, including the scale of pay and other allowances to which he shall be entitled;

(b)the leave of absence, age of retirement, pension and gratuity or contributory provident fund in lieu of pension and gratuity and other benefits to which the employee shall be entitled;

(c)the penalties which may be imposed on the employee for the violation of any Code of Conduct or the breach of any term of the contract entered into by him;

(d)the manner in which disciplinary proceedings in relation to the employee shall be conducted and the procedure which shall be followed before any employee is dismissed, removed from service or reduced in rank;

(e)settlement of any dispute arising out of any breach of contract between the employee and the managing committee with regard to:

(i)the scale of pay and other allowances,

(ii)leave of absence, age of retirement, pension, gratuity, provident fund and other benefits,

(iii)any disciplinary action leading to the dismissal or removal from service or reduction in rank or imposition of any other punishment on the employee.

(f)any other matter which, in the opinion of the managing committee, ought to be, or may be, specified in such contract.

Chapter VI
Admission to schools and fees

18. Admission to recognized schools.

(1)A child who has not attained the age of five years on or before the [5th day of September] [Substituted by the Amendment Act 9 of 1999.] of the year in which the admission of such child is sought shall not be admitted to class I, or an equivalent class or any class higher than class I, in a recognized school.[Provided that a child who has not attained the age of five years on or before the 1st day of June of the year two thousand and one, shall not be admitted to class I, or an equivalent class or any class higher than class I in a recognised school in the year two thousand and one;] [Proviso inserted by the Amendment Act 22 of 1998 and substituted by the Amendment Act 26 of 2000.][Provided further that from the 1st day of June of the year two thousand and two, a child who has not attained the age of five years and six months, [on or before the 1st day of June of the year in which the admission of such child is sought] [Inserted by the Amendment Act 26 of 2000.], shall not be admitted to class I, or an equivalent class or any class higher than class I, in a recognised school [* * *] [The words 'in the year two thousand and two' omitted by the Amendment Act 24 of 2003.]:[* * *] [Third proviso omitted by the Amendment Act 26 of 2002.]

(2)A student seeking admission for the first time in a recognized school in a class higher than class I shall not be admitted to that class if his age reduced by the number of years of normal school study between that class and class I or an equivalent class, falls short of five years.

(3)Admission to a recognized school or to any class thereof shall be regulated by rules made in this behalf.

19. Fees and other charges.

(1)No aided school shall levy any fee or collect any other charge or receive any other payment except those specified by the Director.

(2)Every aided school having different rates of fees or other charges or different funds shall obtain prior approval of the prescribed authority before levying such fees or collecting such charges or creating such funds.

(3)The manager of every unaided recognized school shall, before the commencement of each academic session, file with the Director a full statement of the fees and the charges to be levied by such school with the approval of the Director during the ensuing academic session, and except with the prior approval of the Director, no such school shall charge during the academic session, any fee in excess of the fee specified by its manager in the said statement.

(4)[ Any person/persons or Society or Trust, as the case may be, which collects fees or any other charges or receives any other payment beyond the prescribed limit fixed by the Director, shall be liable to imprisonment for a term which may extend to six months or for a fine which may extend to fifty thousand rupees or with both, and fees/charges received as shall be forfeited by the Government.] [Inserted by the Amendment Act 22 of 1998 published in the Official Gazette, Series I No. 22 (Extraordinary No. 2) dated 2-9-1998.]

Chapter VII
Taking over management of school

20. Taking over management of school.

(1)Whenever the Administrator is satisfied that the managing committee or manager of any recognized school,-

(i)has contravened any provision of this Act or of any rule or order made thereunder, or

(ii)has neglected to perform any duty or obligation imposed on it by or under this Act, or

(iii)has mismanaged the affairs of the school or has misappropriated or has misapplied any money standing to the credit of any Fund of the School, or

(iv)has managed the affairs of the schools in a manner prejudicial to the public interest, or

(v)has omitted or neglected to pay its share towards the medical facility, pension, gratuity, provident fund, and other prescribed benefits of the employees of the school, in accordance with the provisions of sub-section (2) of section 13, or

(vi)has closed down the school or any class or section of the school in contra-vention of the rules made under this Act or any order, direction issued thereunder, or

(vii)has made a written representation expressing its inability to run the school, and that it is expedient in the public interest or in the interests of school education or in order to secure the proper management of the school to take over the management of such school, he may, after giving the managing committee or the manager of such school a reasonable opportunity of showing cause against the proposed action, take over the management of such school for a limited period not exceeding three years:

Provided that where the management of a school has been taken over for a period of three years or less, the Administrator may, if he is of opinion that in order to secure proper management of the school it is expedient that such management should continue to be in force after the expiry of the said limited period, he may, from time to time issue directions for the continuance of such management for such period not exceeding one year at a time as he may think fit, so, however, that the total period for which such management is taken over shall not, in any case, exceed five years.

(2)Whenever the management of any school is taken over under sub-section (1), every person in charge of the management of such school immediately before its management is taken over, shall deliver possession of the school property to secure proper management to the Administrator or any officer authorised by him in this behalf.

(3)After taking over the management of any school under this section, the Administrator may arrange to manage the school through the Director or any other person or body of persons authorized by the Director in this behalf, subject to such terms and conditions and on such remunerations as he may specify (hereinafter referred to as the authorized officer or authorized body, as the case may be).

(4)Where the management of any school has been taken over under sub-section (1), the managing committee or manager of such school, may, within three months from the date of taking over, make a representation to the Administrator, who may, after considering the said representation made by the managing committee or the manager pass such order, including an order for the restoration of the management or for the reduction of the period during which the management of such school shall remain vested in the Administrator, as he may deem fit.

(5)Where the management of a school has been taken over under this section, the Administrator shall pay or cause to be paid such rent as may be payable for the building of the school to the person entitled to receive it as was being paid by the managing committee or the manager immediately before the management of such school was taken over.

(6)During such period as any school remains under the management of the authorized officer or the authorized body,-

(a)the service conditions, as approved by the Administrator of the employees of the school who were in employment immediately before the date on which the management was taken over shall not be varied to their disadvantage;

(b)all educational facilities which the school had been affording immediately before such management was taken over, shall continue to be afforded;

(c)the School Fund, the School Staff Account Fund and the Pupils' Fund shall be made available to the authorized officer or authorized body, for being spent for the purposes of the school;

(d)no resolution passed at any meeting of the managing committee of such school shall be given effect to unless approved by the Government; and

(e)the authorized officer or the authorized body shall have the right to open any account in any bank or to draw money from any Fund referred to in section 10. No person in charge of the management of the school at any time before the date on which the management of the school is taken over under sub-section (1) shall have such right.

(7)If at any time on the application of the managing committee or manager of the school or otherwise it appears to the Administrator that the purpose for which the management of the school was taken over has been fulfilled or that for any other reason it is not necessary that the school should be continued to be managed by him, he may cancel the order made by him under sub-section (1) and, may restore the management of the school to its managing committee and thereupon the management of the control of the school shall vest in the managing committee.

(8)Whenever the management of any school is taken over by the Administrator under this section, it shall be lawful for him to make such provisions with regard to the scales of pay and other conditions of service, seniority, pension and other retirement benefits of the employees on an equal footing with the employees of similar schools run by the Government.

(9)If, on the expiry of the period specified under sub-section (1) or the extended period specified under the proviso to that sub-section, the managing committee does not take over the management of the school, the Administrator shall, notwithstanding anything contained in sub-section (1), continue to remain in charge of the management of the school, and he shall, by a notice, require the managing committee to take over the management of the school. If the Administrator does not, within one month from the date of issue of the said notice, receive any reply thereto, he shall, within fourteen days after the expiry of the month, send to the managing committee of the school, by registered post, another letter, referring to the first letter, and stating that no reply thereto has been received and that if a reply to the second letter is not received within one month of the date of issue thereof, a notice shall be published in the Official Gazette declaring the society, trust or other association of individuals owing or managing the school to be defunct:Provided that, any time within ten years from the date of publication of the notice in the Official Gazette, any rightful owner of the school comes forward to take over the management of the school and its assets, the Administrator shall transfer the school together with its assets and liabilities to such rightful owner and thereupon the school and its assets and liabilities shall cease to remain vested in the Government.

(10)Where the management of an aided school has been taken over by the Administrator, the authority granting such aid shall continue to grant aid to the school.

(11)Where the management of any school had been taken over by the Administrator before the commencement of this Act, and such management was continuing at such commencement and managing committee of such school has not, after such commencement, taken any steps to take over the management of the school from the Administrator, it shall be lawful for the Administrator to continue to manage such school and to grant aid to the school to the full extent admissible under this Act or the rules made thereunder.

21. Section 20 not to apply to unaided minority schools.

- Nothing contained in section 20 shall apply to an unaided minority school.

Chapter VIII
Appeals and Offences

22. Appeal.

(1)Subject to the provisions of sub-section (2), an appeal shall lie to the Tribunal from the following orders:

(a)refusing to recognize a school under sub-section (2) of section 5;

(b)withdrawing the recognition of a school under sub-section (3) of section 5;

(c)stopping, reducing or suspending aid under sub-section (2) of section 7;

(d)refusing to grant permission under sub-section (3) of section 9;

(e)[dismissing, removing from service any employee or reducing him in rank or retiring him compulsorily or otherwise terminating his services under sub-sections (2), (2a), (4) and (4a) as the case may be, of section 11.] [Substituted by the Amendment Act 1 of 1989.]

(2)Every such appeal shall be preferred within thirty days from the date of communication of the order:Provided that the Tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(3)On receipt of any such appeal, the Tribunal shall, after giving the appellant a reasonable opportunity of being heard and after making such enquiry as it deems proper, pass such orders as it may deem fit, after recording the reasons therefore.

23. Offence and punishment.

(1)If the manager of any recognized private school,-

(a)omits or fails, without any reasonable excuse, to carry out any order made by the Tribunal, or

(b)causes or authorizes any student to be presented by the school for any public examination without complying with the provisions of section 8, or

(c)omits or fails to deliver any school property to the Administrator or any officer authorized by him under sub-section (2) of section 20, or

(d)contravenes any provision of the Act or any rule made thereunder, or

(e)omits or fails to furnish any information to any inspecting authority or furnishes any information to that authority which is incorrect or false in material particulars, or

(f)omits or fails to produce any book, register or other document to the inspecting authority, or

(g)prevents any inspecting authority from entering into the premises of the school or from conducting any inspection or inquiry, he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.

[* * *] [Proviso omitted by the Amendment Act 1 of 1989.]

(2)No prosecution shall be instituted under this section except on a complaint made by the Director or any person authorised by him in this behalf.

(3)[ No court shall take cognizance of an offence punishable under sub-section (4) of section 4 and sub-section (4) of section 19 of the Act, except on a complaint made by the Director or any person authorised by him in this behalf.] [Inserted by the Amendment Act 22 of 1998.]

Chapter IX
Miscellaneous School Education Advisory Board

24. Advisory Board.

(1)There shall be constituted an advisory board to be called the Goa, Daman and Diu School Education Board (hereinafter referred to as the Advisory Board) for the purpose of advising the Government on matters of policy relating to education in the Union territory.

(2)The composition of the Advisory Board shall be as follows, namely:-

(a)the Chairman of the Goa, Daman and Diu Board of Secondary and Higher Secondary Education, ex officio;

(b)three persons, who are the heads of recognized private schools;

(c)[four] [Substituted by the Amendment Act 25 of 2008.] representatives of organizations of teachers of recognized private schools;

(d)three representatives of the managements of recognised private schools;

(e)the Director, who shall be the Secretary to the Advisory Board;

(f)the Principal of one of the colleges in the Union territory;

(g)two members of the Legislative Assembly of the Union territory to be nominated by the Speaker;

(h)two eminent educationists;

(i)two representatives of the parents and guardians of the students of recognized private schools; and

(j)two representatives of the students of recognized private schools.

(3)[The Minister for Education shall be the Chairman of the Advisory Board and the members referred to in clauses (b), (c), (d), (f), (h), (i) and (j) of sub-section (2) shall be nominated by the Government.] [Substituted by the Amendment Act 1 of 1989.]

(4)The Advisory Board shall regulate its own procedure.

(5)The term of office of every member of the Advisory Board and travelling and other allowances payable to a member of the Advisory Board shall be such as may be prescribed.

25. Delegation of Powers.

(1)The Administrator may delegate all or any of his powers, duties and functions under this Act or under any rules made thereunder to the Director or any other Officer subordinate to him.

(2)Every person to whom any power is delegated under sub-section (1), may exercise that power in the same manner and with the same effect as if such power had been conferred on him directly by this Act and not by way of delegation.

26. Inspection of Schools.

(1)Every recognized school shall be inspected at least once in each financial year in such manner as may be prescribed.

(2)The Director may also arrange special inspections of any school on such aspects of its working as may, from time to time, be considered necessary by him.

(3)The Director may give directions to the manager requiring the manager to rectify any defect or deficiency found at the time of inspection or otherwise in the working of the school.

(4)If the manager fails to comply with any direction given under sub-section (3), the Director may, after considering the explanation or report, if any, given or made by the manager, take such action as he may think fit, including,-

(a)stoppage of aid,

(b)withdrawal of recognition, or

(c)except in the case of an unaided minority school, taking over of the school under section 20.

27. Jurisdiction of Civil courts barred.

- No Civil Court shall have jurisdiction in respect of any matter in relation to which the Administrator or the Director or any other person authorised by the Administrator or Director or any other officer or authority appointed or specified by or under this Act, is empowered by or under this Act to exercise any power, and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act.

28. Protection of action taken in good faith.

- No suit, prosecution or other legal proceeding shall lie against the Administrator, Director or any other person authorised by the Administrator or Director for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

29. Power to make rules.

(1)The Administrator may, subject to the condition of previous publication, by notification, make rules to carry out the purposes of this Act.

(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a)the manner in which education may be regulated by the Government in the Union territory;

(b)the conditions which every existing school shall be required to comply;

(c)establishment of a new school or the opening of a higher class or the closing down of an existing class in an existing school;

(d)the form and manner in which an application for recognition of a school shall be made;

(e)the facilities to be provided by a school to obtain recognition;

(f)the manner in which, and the authority to which an appeal against the refusal or withdrawal of recognition shall be made;

(g)the minimum qualifications for, and method of recruitment and the terms and conditions of service of employees;

(h)the authorities to be specified for the purposes of the different provisions of this Act;

(i)the particulars which a scheme of management shall contain, and the manner in which such scheme shall be made;

(j)variations and modifications which may be made in the scheme of management for a recognized school which does not receive any aid;

(k)the conditions under which aid may be granted to recognised schools, and on the violation of which aid may be stopped, reduced or suspended;

(l)the part of the expenditure of a recognised school which is to be covered by aid;

(m)particulars of school property which should be furnished to the appropriate authority;

(n)the form in which, and the time within which, an appeal shall be preferred against an order made in relation to the transfer, mortgage or lien of any school property;

(o)the Code of Conduct for the employees and the disciplinary action to be taken for the violation thereof;

(p)the benefits which should be granted to the employees of recognised private schools;

(q)admission to a recognised school;

(r)fees and other charges which may be collected by an aided school;

(s)the manner of inspection of recognised schools;

(t)the term of office, travelling and other allowances payable to the members of the Advisory Board;

(u)financial and other returns to be filed by the managing committee of recognised private schools, and the authority by which such returns shall be audited;

(v)educational purposes for which the income derived by way of fees by recognised unaided schools shall be spent;

(w)manner of accounting and operation of schools funds and other funds of a recognized private school;

(x)fees, not exceeding one rupee, for preferring any appeal under this Act;

(y)any other matter which is to be, or may be prescribed under this Act.

29A. [ Removal of doubts. [Inserted by the Amendment Act 26 of 2000.]

- For the removal of doubts, it is hereby declared that notwithstanding anything contained in any law, rules, regulations, notifications, decree, order or judgment of any Court, authority or Tribunal, a permission granted prior to the coming into force of this Act in municipal areas for opening class I or class V in any school shall be construed as permission to open classes upto IV or X respectively and the same shall be applicable to Village Panchayat areas after due assessment by committee appointed by the department of the need for the higher class is carried out.]

30. Power to remove difficulties.

- If any difficulty arises in giving effect to the provisions of this Act, the Government may by order not inconsistent with the provisions of this Act, remove the difficulty:Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act.

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State of Goa - Act