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[Cites 0, Cited by 0] [Section 70] [Entire Act]

State of Goa - Subsection

Section 70(3) in The Goa, Daman and Diu School Education Rules, 1986

(3)That the authorities of the Public Works Department who approve the plans are satisfied as to the competency of the private agency by which the work is to be carried out.Note: As regards buildings in which reinforced concrete is used, they shall not be entrusted to a private agency except in places where there are contractors who specialise in this kind of work.
(D)Production of Valuation Certificate. - A grant shall not be paid unless the Director of Public Works Department certifies that the work for which it is claimed is in accordance with the approved plans, is in good condition, and is, to the best of his knowledge and belief, of a certain value, the amount of grant actually to be given depending on the value of the building as estimated by him.
(E)Grants for sites. - A grant of money may be made for the purchase of a site, provided that, subject to such additions and alterations as the Educational Department may direct, the conditions specified in this section for building grants shall apply mutatis mutandis to grants for the purchase of sites. If a site required for a building belongs to Government, it may be granted free, or else its estimated value may be recovered from the grantee, less the amount of a money grant calculated as above.
(F)Execution of Trust Deed. - No portion of building grant shall be paid to the management of a school, unless and until they execute or agree to execute a trust deed or an agreement, as the case may be, in accordance with the requirements of the next following rule. If, however, the building is erected on a site already covered by a trust deed, a receipt may be sufficient.
(G)Execution of an Agreement. - If the total amount of the building grant does not exceed Rs. 1.00 lakh and the building is in the opinion of the Director of such a description that it is not worthwhile requiring the executing of a trust deed, the Director may accept from the management a written agreement undertaking:
(a)to maintain the building in proper repair;
(b)to manage the school in accordance with the rules and regulations of the Education Department;
(c)to keep the school open for inspection by the Department;
(d)to use the building as a school devoted to secular education and not to loan it to any political body for purposes of meeting, propaganda, etc.;
(e)to keep the building insured in the names of the management and the Government of Goa, Daman and Diu jointly subject to the provisions of sub-rule (H); and,
(f)in the event of default being made by the management in any of the preceding conditions to repay on demand by the Director the aggregate amount of all building grants made by Government in respect of the school.
In every other case the management shall execute a trust deed in such form as shall from time to time be approved by Government either generally or specially in this behalf, embodying conditions regarding-
(g)the construction and maintenance of the building;
(h)the insurance of the building subject to the provisions of sub-rule (H);
(i)the times at which and the instalments in which the building grant shall be paid;
(j)the management and inspection of the school; and
(k)such other matters as Government thinks necessary. Provision shall also be made in every trust deed that in the event of default being made by the management in the performance of any of the conditions thereof;
(l)the building grant, or so much of the same as shall not yet have been paid, shall lapse;
(m)the aggregate amount of the building grant or grants from time to time advanced by Government for the school shall be repayable to Government and except in cases where the site is granted by a private person on condition that it should revert to him in the event of the site ceasing to be used for a school or on any other conditions which precludes a transfer to the Government of Goa, Daman and Diu;
(n)for the purpose of recovering any moneys so due, Government may enter upon and take possession of and sell the building; and
(o)the building site, if granted by Government may be resumed by it, and the building, if any, standing thereon may be entered upon and taken possession of by Government and may be used or disposed of by Government at its discretion for educational purposes, or if it shall appear expedient to the Government, for any other purpose.
Every such trust deed shall be prepared at the charge of the management by the Legal Advisor to Government.Note: With reference to (f) and (m) above, if Government is satisfied that the school was closed through no default of the management, account may be taken of any depreciation in the value of the building after expert revaluation, which will take account of the state in which the building has been maintained by the management, and a proportionate reduction may be made in the amount to be claimed from the management. If the Government grant extends to the acquisition of a site, account may be taken, after expert revaluations of any enhancement in the value of the site, and the proportionate share in such enhancement may operate as a set off, either total or partial, against the reduction to be made in the refund due in respect of the grant for buildings.
(H)Insurance of building. - Buildings in respect of which a building grant has been given must be insured, irrespective of their value, for a sum representing the value of all work above the plinth level, including flooring, in the name of the school management and the Government of Goa, Daman and Diu jointly, provided that it shall not be necessary to insure a school building if the Public Works Department certifies that in its opinion the risk of fire is not sufficiently great as to render insurance desirable.
(I)Other Building Grants. - In addition to building grants as aforesaid Government will consider applications for Grant-in-aid of building laboratories, libraries, observatories, school workshops or gymnasia or for providing playgrounds, provided that funds are available and subject to such of the foregoing conditions as may be declared applicable by the Department, or to any other that may be imposed. Grants made under this rule are exceptional, and the Government is not pledged to give any fixed proportion but will deal with each case on its merits and subject to financial consideration.