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[Cites 0, Cited by 0] [Section 9] [Entire Act]

State of Tamilnadu - Subsection

Section 9(2) in Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974

(2)The following conditions shall be satisfied for the purpose of recognition: -
(a)[ The educational agency shall, - [Substituted by G.O. Ms. No. 123, School Education (X2) Department, dated the 14th September 2004.]
(i)produce a licence permitting the use of the school building as public building under the Tamil Nadu Public Buildings (Licensing) Act, 1965 (Tamil Nadu Act 13 of 1965);
(ii)produce structural stability certificate from the Engineers of Public Works Department/Chartered Engineers (from the Engineers in the panel of qualified and registered Engineers maintained by the District Collectors) in accordance with the Tamil Nadu Public Buildings (Licensing) Act, 1965 (Tamil Nadu Act 13 of 1965);
(iii)provide adequate sanitary facilities separately for teachers and pupils (boys/girls separately) and produce a certificate to that effect obtained from the local Health Authority;
(iv)produce a No Objection Certificate from the Station Officer, Fire and Rescue Services Department, in the area where the school is situated:
Provided that no thatched structure shall be in the school premises.]
(b)Where the licence has been issued for a specified period, a fresh licence shall be produced before the expiry of the period of validity of the said licence.
(c)
(i)The educational agency of a private school including a minority school shall create an endowment as follows, namely: -
    Rs.
(a) Pre-primary School 10,000
  Existing Pre-primary School to be upgraded asPrimary School 15,000
(b) Primary School 25,000
  Existing Primary School to be upgraded as MiddleSchool 25,000
(c) Middle School 50,000
  Existing Middle School to be upgraded as HighSchool 50,000
(d) Teachers' Training Institute 1,00,000
(e) High Schools 1,00,000
(f) High School to be upgraded as Higher SecondarySchools 25,000
Provided that, in respect of an existing school to he upgraded where no endowment had already been created, the amount of endowment payable by such school, shall be the same as for opening a new school.The endowment shall be created in the name of the school in the shape of Government securities like National Defence Certificates or National Plan Certificates or in fixed deposits for a period of not less than seven years with Tamil Nadu Industrial Investment Corporation Limited, [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] or the Tamil Nadu Industrial Co-operative Bank Limited or the Tamil Nadu State Co-operative Bank or the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Central Co-operative Bank, [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] or in any corresponding new Bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings Act, 1970) (Central Act 5 of 1970). Fifty per cent of such endowment amount shall be created before the school is opened. The remaining amount shall be created in two equal annual instalments in the case of pre-primary and primary schools and in five equal annual instalments, in the case of middle and high schools. In the case of upgrading the existing High School as Higher Secondary School, the endowment amount of Rupees Twenty-five thousand shall be paid in three annual instalments, the first instalment being Rupees fifteen thousand, the remaining amount shall be paid in two equal instalments. Trust or society or corporate body which run more than one private school shall have the option to create fifty per cent of the endowment in cash and fifty per cent in the form of immovable property other than school building. The immovable property so endowed shall be unencumbered and income yielding. It shall be endowed in the name of the school and conveyed to the school through proper legal document. [The immovable property endowed shall not be sold, mortgaged, exchanged or gifted or alienated in respect of schools without the prior approval of the Director of School Education and in respect of the Teacher Training Institutes without the prior approval of the Director of Teacher Education, Research and Training] [The above sentence was substituted by C.O. Ms. No. 1141, Education, Science and Technology (UI), dated the 6th December 1994.]. The entire income derived from the endowed immovable property shall be brought to the general accounts of the school.
(ii)In addition to the creation of the endowment referred to above, the educational agency shall also deposit in the Tamil Nadu State Co-operative Bank Limited or in the Tamil Nadu Industrial Co-operative Bank Limited, or in [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Central Co-operative Bank Limited, or in any corresponding new Bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) in the name of the school, a sum equivalent to a minimum of one month's salary of the staff employed in such school, to serve as a working capital of that school, which may be drawn for the disbursement of salary to the members of the staff, on the due date in the event of any delay in the sanction of grant by the Education Department.
(d)If the educational agency pays more than the scales and rates ordered by Government, such excess shall be met by the educational agency from its own funds and shall not be debited to the school funds and, for purposes of grants, such higher scale or rate shall not be taken into consideration.
(e)The educational agency shall not collect fees or donations compulsorily other than those permitted by the competent authority under rule 23 from pupils or parents or any other persons for any purpose whatsoever.
(f)The educational agency shall carry out the instructions issued by the Government, from time to time, in the public interest to ensure that the admission in the schools run by them, of pupils belonging to the socially and educationally backward classes of citizen and to safeguard the interest of linguistic minorities.
(g)The educational agency shall carry out the instructions issued by the Director of School Education or other officers subordinate to him with a view to maintain the academic standards and to safeguard the interest of teachers and the pupils including the linguistic minorities.
(h)The educational agency should have fulfilled all the conditions stipulated by the competent authority at the time of according permission to open the school or the additional standard or section.
(i)The school shall be situated in a building which is accessible to all castes and communities.
(j)The premises of the school or subsidiary building appertaining to it or a playground or a vacant site belonging to the school, whether adjacent to or remote from it, shall ordinarily be used for the purposes of conducting the school or for functions conducted by such schools or for authorised examinations or for other purposes specifically permitted by the Chief Educational Officer.
(jj)[ The use of the building and other properties including the playground of any recognised private school for conducting drill or training with or without arms by persons who are not students or members of the staff of the school shall not be permitted by the management under any circumstances: [Clause (jj) inserted by G. O. Ms. No. 1175, Education, dated the 3rd September 1984.]
Provided further that non-observance of the condition laid down in clause (jj) above will entail the withdrawal of recognition, and aid as per sub-section (1) of section 12 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1974).]
(k)The School Committee shall not appoint any teacher whose certificate has been suspended or cancelled or who has been declared unfit to be a teacher in recognised schools or who has been convicted for offences involving moral turpitude.
(l)The additional factors given in section 11-A of the Act shall also be taken into account by the competent authority before passing orders on an application for recognition under section 11.
[(2-A) The conditions specified in Annexure VI shall also be satisfied for the purpose of recognition of a Teachers' Training Institute, in addition to the conditions specified in sub-rule (2).] [Sub-rule (2-A) was inserted by G.O. Ms. No. 535, Education (UI). dated the 17th May 1989.]