- Great delay and difficulty arise if there is any misapprehension as to the conditions on which the proposed grant is to be made. As soon, therefore, as the application is approved, the terms should be placed in a clear form before the school authority, and it should be asked whether it accepts them. The statement of the terms should be divided into four parts; the first should recite the preliminaries, the second should state the general conditions, the third should specify the result following on violation of the terms of agreement, and the fourth should indicate the character of the legal document which the school authority must execute in order to make the terms binding. The following rules are for guidance in drawing up the statement of terms:-(1)The following particulars should be given in the statement of preliminaries:-(a)Description of the school authority.(b)Precise object for which the grant is required.(c)Property or funds held by the school authority, or funds to be collected.(d)The nature of the assistance asked for from Government.(2)The following are the general conditions on which Government are prepared to make grants:-(a)Save as the State Government may permit, no building towards the erection, purchase, improvement or repair of which a grant has been made by Government, shall be used for any other than educational purposes, prior to the lapse of a period of 20 years from the date on which the grant is paid.(b)The school shall be under a regular managing committee, the constitution of which shall be approved by the Director and in accordance with the grant-in-aid rules.(c)The buildings shall be erected in accordance with plans and estimates to be approved by the Director and shall be completed to the satisfaction of the Engineer appointed in that behalf within a specified period. The previous approval of the Superintending Engineer shall be obtained to any contract into which it is proposed to enter in respect of the buildings.(d)The school authority shall pay a rent of Rs.............per annum in case of a lease.(e)The buildings shall be maintained in good repair.(f)The property shall yield no pecuniary return to the school authority save for the purposes of the school.(g)The school shall be open to inspection by the officers of Government.(h)The school shall be managed as regards control, maintenance, staff, fees, free-studentships, curriculum, discipline, residential arrangements, and in all other respects, in accordance with the grant-in-aid rules and to the satisfaction of the State Government. The school if a High school, shall be recognized as such by the State Government.In the case of a hostel the terms under this head should run as follows:-The hostel shall be used solely by students of schools recognized by the State Government and shall be managed as regards control, maintenance, discipline and in all other respects in accordance with the rules prescribed from time to time by the State Government for the management of recognised hostels and to the satisfaction of the State Government.(i)The grant shall be given out, or the land shall be made over, in accordance with the rules laid down from time to time by the State Government.(3)Government reserve to themselves the power, in the event of a breach of the above conditions, either to have the defect remedied or, in the last resort, to resume the land and recoup themselves for the grant of money. In the event of a dispute as to whether there has been a breach of the conditions, or as to whether the defect has been remedied, the decision of the State Government shall be final. If it is necessary to resume the land, compensation may have to be paid to the school authority. After resumption; Government will either carry on the school under different management, or otherwise dispose of the property as they think fit. If the grant is one of money only and if the school authority fails to repay the amount, then Government will, at their option, either take over the property on payment of compensation (including the value of the site if the land does not belong to Government), or cause the property to be sold and recoup themselves from the proceeds. Whenever a condition involves the payment of compensation for buildings or land, provision should be made for the appointment of two arbitrators, one to be nominated by the Director and the other by the school authority. If the arbitrators fail to agree, they will appoint an umpire, whose decision will be final. If the school authority fails to nominate an arbitrator, the decision will rest with the Director.(4)When a grant is made, whether of Government land, or of land acquired for the purpose, and with or without a grant of money, the land will be leased by Government to the school authority at a nominal rent and the school authority must execute an agreement in the form given in Appendix VII. When the grant is one of money to extend existing buildings, or to build on land already belonging to an educational institution, the agreement, if the school authority is competent to execute a mortgage, should be in the form given in Appendix VIII. If the school authority is not competent, it will rest with the sanctioning authority to decide whether the form given in Appendix IX will suffice.(Government notification no. 200-E,, dated the 19th April, 1919.)
