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State of Jharkhand - Section

Section 595 in Bihar Education Code, 1961

595. Submission of applications.

- The following rules are to be observed in the submission of applications ;-
(1)A formal written application must be made to the Inspector in all cases, even though negotiations commence informally or verbally. The application must state with sufficient precision what is required, but need not be in any particular form.
(2)Before considering the application the District Education Officer must satisfy himself that the negotiations are conducted with persons, who are legally the owners of the existing or future school. Provision is made below for a reference on this point to the Government Pleader, but negotiations need not be delayed for the final decision of legal question. The case will fall under four main heads, according as the negotiator is (i) a donor or a small group of donors, (ii) a body of trustees, (iii) a body of subscribers, and (iv) the managing committee of an existing school. In cases.(i) and (ii) the transaction should be conduced with the donor or trustees in person; in case (iii) with representatives empowered at a general meeting of the subscribers, in which case a copy of the proceedings in this meeting should be attached by the District Education Officer to the application. In case (iv) the managing committee may be independent or subject to a body of subscribers, it must be empowered to conduct the transaction with the educational authorities by a general meeting of the subscribers, the proceedings of which should be attached to the application.The person or body of persons with whom the transaction is conducted, is called in these rules the school authority.Note. - Where the legal owners of the school are a registered company or corporation, as Missionary Societies and Charitable Societies often are, the contract should be made with the company or corporation, and may be executed on its behalf by any person acting under its' authority, e.g., by a person holding a power of attorney empowering him in that regard. This, however, need not prevent earlier negotiations from being carried on with the local representatives of the company or corporation.
(3)The District Education Officer must next procure the information necessary for a decision on the merits of the proposal-
(a)where additional or improved accommodation is wanted for an existing school, the following particulars should be set forth (i) general description of the school, its site and buildings; (ii) the aid, if any, which it already receives; (iii) the existing accommodation (iv) the number of classes and the average strength of each; (v) the precise character of the addition or improvement proposed; and (vi) the nature of the title of the school authority or committee to the land and building to add to which the grant is sought, and their power to sell, mortgage or otherwise dispose them of;
(b)description of the existing managing committee of the school. The arrangements for filling vacancies and the names of the existing members should be stated;
(c)where it is proposed to make a grant of Government land, the character of the land (Khasmahal, etc.). should be given. The nature and locality of the site should be explained, and the area and value should be stated;
(d)if it is proposed to acquire land under the Land Acquisition Act, or to purchase land, this should be stated, and full particulars of the land should be given as above;
(e)if it is proposed to erect buildings, the agency it is desired to employ (whether Public Works Department or otherwise) should be stated;
(f)the financial aspect of the proposals should be explained. In particular, the total estimated cost, the amount Government are asked to contribute, how much has been promised locally, how much has been collected and when the balance of the subscriptions is likely to be paid;
(g)whether the roll number is likely to increase when the new buildings are completed. If so, it should be stated what additional fee income is expected and what additional recurring expenditure will be involved;
(D. P. I.'s circular letter no. 8470, dated the 4th November, 1920.)
(h)in the case of an aided school, whether the managing committee propose to ask for any increase in the grant-in-aid in consequence of the new buildings to be erected ;
(i)in the case of an unaided school, whether the managing committee proposes to ask for a grant-in-aid when the new buildings are completed and, if so, what sum will be required;
(4)when the information is ready, the District Education Officer should submit a report dealing with the above particulars and any other details of importance, and make his recommendations. The report should be submitted to the Director through the District Officer and the Commissioner. These officers should make their comments. In particular they should state whether they approve of the proposals which relate to sites, the acquisition of land, or the grant, or lease of Government land. If the Director approves, he will inform the District Education Officer that the proposal may be entertained and the next stage of the procedure will begin. If the Director considers that the application should not be entertained, he will inform the District Education Officer, who will communicate the decision to the applicant.
(5)In the case of a grant of a sum of money not exceeding Rs. 500 the District Education Officer is the final sanctioning authority, provided that he is able to meet the expenditure from the allotment for grants-in-aid placed at his disposal by the Director. He should, therefore, take into consideration the points mentioned in sub-section (3) of this article and in the three following articles. He should also consult the District Officer,(Government notification no. 200-E., dated the 19th April, 1919.)