Section 37 in The Goa, Daman and Diu School Education Rules, 1986
37. Conditions for recognition.
- No private school shall be recognised or continue to be recognised, by the Director unless the school fulfils the following conditions namely:-(i)The school is run by a Society registered under the Societies Registration Act, 1860, or public trust constituted under any law for the time being in force and is managed in accordance with the scheme of management made under these Rules:Provided that the managements who are desirous of getting Grant-in-aid from the Government shall necessarily register as societies under the Societies Registration Act, 1860, and failing to do so, they shall not be entitled to claim any grant-in-aid:["Provided further that the schools established by the Trust/s after enforcement of the Goa, Daman and Diu School Education Act, 1984 (Act 15 of 1985) shall not be eligible for any Grant-in-aid"] [This second proviso to rule 37 has been substituted by (Amendment) Rules, 1989. (O. G., Series I No. 52 dated 30-3-1989).].(ii)subject to the provisions of clause (1) of article 30 of Constitution of India, the school serves a real need of the locality and is not likely to affect adversely the enrolment of the nearby school which has already been recognised by the Department;(iii)the School follows approved Courses of Instruction as prescribed by Government, and accepts the pay scales for its employees as prescribed by Government, even when the Government aid is not sought for; [* * *] [The words 'subject to section 14 of the Act' have been omitted by (Amendment) Rules, 1994 (O. G. Series I No. 28 dated 14-10-1994).](iv)the School is not run for profit to any individual, group or association of individuals or any other persons;(v)admission to the School is opened to all without any discrimination based on religion, caste, race, sex, place of birth, region or any of them;(vi)the Managing Committee observes the provision of the Act and the Rules made thereunder and the instructions issued by the Director of Education or his authorised subordinate officer from time to time;(vii)the building or other structure in which the school is carried on, its surroundings, furniture and equipment are adequate and suitable for an educational institution, where there is any business premises in any part of the building, in which such school is run, the portion in which the school is run is adequately separated from such business premises;(viii)the arrangements in the building or other structure and the furnishings thereof meet adequately the requirements of health and hygiene;(ix)the School buildings or other structures or the grounds are not used during the day or night for commercial or residential purposes (except for the purpose of resident of any employee of the schools) or for communal, political or non-educational activity of any kind whatsoever;(x)the accommodation is sufficient for the classes under instruction in the school, for primary and secondary separately; and if the accommodation is shared by primary and secondary the rent on this account shall be shared proportionately;(xi)there is no thoroughfare for public passage through any part of the school premises;(xii)sanitary arrangement at the school are adequate and are kept in good order and the certificate from the Health Officer of the local authority having jurisdiction over an area in which the school is located as to the health and sanitary conditions of the school and its surroundings has been furnished and will also be furnished as and when required by the appropriate authority;(xiii)arrangements are made for the supply of good drinking water to the students and the staff members and suitable facilities are provided to enable them to take refreshments, lunch or the like;(xiv)the school is so conducted as to promote discipline and orderly behaviour and to maintain high moral tone;(xv)no teacher or student of the school is compelled to attend the classes in which religious instructions is given or to take part in any religious activity; no teacher or student absenting himself from a religious instruction, or religious activity is made to suffer any disability on that account and no student is refused admission to the school because exemption from attending religious exercises or religious instructions has been claimed by him or his parent or guardian;(xvi)facilities are provided for teaching of languages in accordance with the 3 language formula as adopted by the Central Government;(xvii)the school is open to inspection by any of the following officers, namely:-(a)any officer authorised by the appropriate authority or the Directorate of Education.(b)the officers of the Public Health Department and Public Works Department.(xviii)the school furnishes such reports and information as may be required by the Directorate of Education, or the officers of the Department, from time to time and complies with such instructions of the Directorate of Education; from the departmental officers as may be issued to secure the continued fulfilment of the conditions of recognition or the removal of deficiencies in the working of the school;(xix)all records of the school are open to inspection by any officer authorised by the Directorate of Education, at any time, and the school furnishes such information as may be necessary to enable the Central Government, or the Administrator to discharge its or his obligations to Parliament or the Legislative Assembly of Goa, Daman and Diu as the case may be;(xx)the school does not involve any unhealthy competition with any existing school of the same category in the neighbourhood;(xxi)the education imparted in the school is satisfactory in all respects and the teaching staff of the school is qualified suitably and adequate in number;(xxii)the management undertakes to make provision to the satisfaction of the Department; that the general Rules of discipline as laid down by Government from time to time are duly observed by the management, the teachers as well as by the pupils;(xxiii)the management undertakes to abide by such orders relating to any of the above conditions or to the working of the school or its Hostel as may be issued by the competent authority or the Director of Education, either generally or any specific cases, from time to time.The conditions of the institution shall, under each of the above heads, be tested by thorough inspection by the officers of the Education Department.
