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[Cites 0, Cited by 0] [Section 595] [Entire Act]

State of Jharkhand - Subsection

Section 595(2) in Bihar Education Code, 1961

(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.