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State of Jharkhand - Section

Section 606 in Bihar Education Code, 1961

606. Completion of Preliminary Conditions.

- If the grant is a simple money grant, further action will ordinarily be taken by the District Education Officer; if a grant of land acquisition proceedings are involved, the District Officer will be responsible. Before the final step is reached, it is necessary (1) that the private funds promised shall be made available, (2) that the legal position of the school authority and its title to the property involved shall be ascertained, and (3) that the legal documents enforcing the conditions shall be executed.
(1)The District Education Officer or District Officer, as the case may be, must be satisfied that the subscriptions promised as a condition of the Government grant have been realized, or that the donor or donors have paid their contribution. If land is to be acquired, or if buildings are to be erected by the Public Works Department, the private funds must be paid into the treasury. If the work is to be undertaken by the school authority, the private funds promised must be in its hands, and the school authority must submit a written guarantee that its funds, will, when added to the grant, be sufficient to meet all claims and to close the account. If the strict enforcement of this rule would cause great delay, and if there is no reasonable doubt that the full amount promised will be paid, the condition may be relaxed under the special orders of the Director, if the amount does not exceed Rs. 500. In other cases, a reference must be made to Government, and in any event at least one-half of the amount due must be paid before final operations commence, and the balance must be paid (either in instalments or in a lump sum) before their termination.
(2)It is provided above that the applicant shall be called on to furnish documents of title. These, together with any documents or other relevant information regarding the school authority should be made over to the Government Pleader, who should be asked to certify (a) that the school authority is legally competent to negotiate with Government and to execute the requisite legal documents and (b) that its title to the property to be mortgaged is sound. This investigation should be held as soon as possible, but it is not necessary to delay operations for its completion until the final stage is reached.
(3)The statement of conditions and the type form applicable to the particular case should be made over to the Government Pleader who should prepare the requisite legal document from them. The type form should be adhered to, except in so far as special conditions exist, or as special stipulations have been made in the terms of the agreement. The document should be forwarded to the District Education Officer or the District Officer, as the case may be. It need not be submitted to higher authority unless the stipulations have been so modified as substantially to alter the type form. In that case the Director should intimate, at the time that he sanctions the conditions, that he desires to see the document; and he should always call for it in cases where the conditions have been submitted to Government for sanction. When the document has been approved, the District Education Officer or the District Officer should cause it to be duly executed and (if the deed is in the form given in Appendix VII) registered, and it should be forwarded to the Inspector-General of Registration for custody. The District Education Officer should report to the Director when these transactions are completed.(Government notification no 200-E., dated the 19th April, 1919.)