An Act to Provide for the Better Organization and Development of Educational Institutions in the State.

Be it enacted by the Legislature of the State of Orissa in the Twentieth Year of the Republic of India, as follows:-

1. For Statement of Objects and Reasons, see Orissa Gazette, extraordinary, dated the 1st July, 1968 (No. 722) and for Report of the Select Committee, see ibid dated the 26th February, 1969 (No. 550).

* [Received the assent of the Vice-President acting as President on the 28th May, 1969, first published in an extraordinary issue of the Orissa Gazette dated the 21st June, 1969]

S.1 Short title, extent and commencement

(1) This Act may be called the Orissa Education Act, 1969.

(2) It extends to the whole of the State of Orissa.

(3) It shall come into force on such date as the State Government may, by Notification, appoint in that behalf.

S.2 Act not to apply to certain institutions

Nothing contained in this Act shall apply to educational institutions of their choice established and administered by minorities having the right under clause (1) of Article 30 of the Constitution.

S.3 Definitions

In this Act unless the context otherwise requires-

"Advisory Council" means the State Advisory Council of Education established under section 15;

"aided educational institution" means a private educational institution which is recognised by and is receiving aid from the State Government;

"Board" means the District School Board established under section 16;

"Director" means the Director of Public Instruction, Orissa and includes any other officer not below the rank of a Deputy Director of Public Instruction who may be authorised by the State Government, from time to time, by general or special order to perform all or any of the functions and exercise all or any of the powers of the Director under this Act and as the State Government may by notification specify in that behalf;

"educational agency" means any person or body of persons permitted

S.4 Establishment and recognition of educational institution

(1) The State Government may regulate the primary and other stages of education in Government and private educational institutions.

(2) The State Government shall take, from time to time, such steps as they may consider necessary or expedient, for the purpose of providing facilities for general education, special education and for the training of teachers.

(3) The State Government may, for the purpose of providing such facilities

(a) establish and maintain educational institution; or

(b) permit any person or body of persons to establish and maintain aided educational institution; or 

(c) recognise any educational institution established and maintained by any person or body of persons.

(4) All existing educational institutions shall be deemed to have been established in accordance with this Act.

(5) After the commencement of this Act, the establishment of any private educational institution shall be subject to the provisions

S.5 Application for recognition

(1) Any person or body of persons desirous of establishing any private educational institution may, within the prescribed period and in the manner prescribed, make an application to the prescribed authority for according recognition thereto.

(2) While according recognition under sub-section (1) to the establishment of a private educational institution the prescribed authority shall have regard to the following matter, namely:-

(a) that there is adequate financial provision as may be prescribed for its continued and efficient maintenance; 

(b) that provision for suitable and adequate accommodation-staff and equipment has been made; 

(c) that the institution is proposed to be located in sanitary and healthy surroundings; and 

(d) such other matters as may be prescribed.

(3) Any applicant aggrieved by an order of the prescribed authority refusing to accord recognition may, in such manner and within such time as may be prescribed,

S.6 Effect of non-recognition

Notwithstanding anything to the contrary contained in any other law for the time being in force no private educational institution which has not been recognised by the State Government under this Act shall be entitled-

(a) to be recognised by the Board of Secondary Education constituted under the Orissa Secondary Education Act, 1952, (Orissa Act 10 of 1953) or, as the case may be, to be affiliated to any University established under any law; or 

(b) to receive any aid from the State Government.

S.7 Institutions to have managing committee or governing body

(1) Every private educational institution shall have a managing committee or governing body, as the case may be, constituted in accordance with the rules made in that behalf, failing which the recognition granted to the institution may be withdrawn by the State Government.

(2) A managing committee or governing body constituted after the commencement of this Act in respect of any aided educational institution shall before it starts functioning cause such, obtain the approval of the prescribed authority in the prescribed manner:

Provided that where the prescribed authority refuses to accord the approval as aforesaid he shall record the reasons for doing so and any person aggrieved by an order refusing to record approval may, within one month from the date of the order prefer an appeal before the State Government.

(3) The managing committee or governing body shall be responsible for the proper management of the institution and shall exercise such powers an

S.8 Management to send list of properties

(1) Within the first week of June every year the managing committee or as the case may be, the governing body of every aided educational institution shall furnish to such officer as may be authorised by the State Government in that behalf a statement containing a list of all movable and immovable properties of the institution with such particulars as may be prescribed.

(2) If the managing committee or governing body commits default in furnishing the statement under sub-section (1) or furnishes a statement which is false or incorrect in any material particular the State Government may withhold the grant of aid for such period not exceeding three months, as they deem fit.

(3) The Secretary of an aided educational institution shall perform such functions as may be prescribed.

S.9 Restriction on alienation of property of aided institutions

(1) Notwithstanding anything to the contrary contained in any law for the time being in force, no sale, mortgage, lease, pledge, charge or transfer of possession in respect of any property of an aided educational institution shall be created or made except with the previous permission in writing of such officer as may be authorised by the State Government in this behalf. The officer shall grant such permission applied for unless the grant of such permission will, in his opinion, adversely affect the working of the institution.

(2) Any person aggrieved by an order of the officer refusing or granting permission under sub-section (1) may, in such manner and within such time as may be prescribed, appeal to the State Government.

(3) Any transaction made in contravention of sub-section (1) shall be null and void.

(4) If any educational agency or the managing committee or the governing body or the Secretary of an aided educational institution acts in contraven

S.10-A Services of teachers of aided institutions not to be terminated without approval

(1) The services of a teacher of an aided educational institution shall not be terminated without obtaining the prior approval in writing of the-

Director, in the case of a teacher of a college; and Circle Inspector of Schools having jurisdiction, in the case of teacher of a School.

(2) Every order passed by the Director or Circle Inspector, as the case may be, either according approval or refusing to accord approval under subsection (1) shall be communicated to the parties concerned within three months of the reference.

(3) Any person aggrieved by an order passed under sub-section (1) may prefer an appeal to the Tribunal within one month from the date of receipt of the order.

S.10-B Certain institutions not entitled to aid

Without prejudice to any other provision of this Act, no educational institution shall be entitled to receive any aid or grant from the State Government if its managing committee or Governing Body or Secretary acts in contravention of the provisions of sections 10-C and 10-D or of any order issued thereunder and the recognition granted to the educational institution may, on such contravention, be withdrawn by the State Government.

S.10 Conditions of service of the staff of aided institutions

(1) The qualifications required for appointment as teachers and other members of the staff of aided educational institutions and their conditions of service relating to salary, leave, pension, provident fund, age of retirement, disciplinary action and other matters shall be as may be prescribed:

Provided that the terms and conditions of service prescribed in respect of teachers and other members of the staff who, on the constitution of a common cadre, have been absorbed in such cadre, shall not in any way be less favorable than the terms and conditions which were applicable to them immediately prior to such constitution.

(2) The State Government may constitute a Selection Board consisting of such members as may be prescribed.

(3) The Selection Board shall prepare in the prescribed manner a list of candidates for appointment as teachers in aided educational institutions and all such appointments shall be made in accordance with the rules made in that beh

S.10-C Constitution of common cadre and its consequences

(1) The State Government may, by order, constitute a common cadre in relation to all or any class of employees of all or any category of aided educational institutions, as may be specified in the order.

(2) Before constitution of a common cadre under sub-section (1), the Director in cases of Colleges, and the Inspector of Schools having jurisdiction, in cases of schools, shall furnish detailed information relating to the terms and conditions of service prescribed for such cadre to every employee belonging to that cadre with a notice requiring him to exercise his option within such period, not being less than thirty days and more than forty-five days, as may be specified therein, for absorption or otherwise in such cadre.

(3) The option shall be exercised in writing and shall be filed with the Director or the Inspector of Schools, as the case may be.

(4) Any employee who fails to exercise his option within the aforesaid period shall be deemed to have opt

S.10-D Government's power to issue orders during the period of transition

The State Government may, if satisfied that the exigency of the circumstances so requires, by general or special order, provide for any matter necessary, ancillary or incidental to the constitution and working of the common cadre for which this Act makes no provision or makes insufficient provision:

Provided that no such order shall be issued after expiry of two years from the date of constitution of the said common cadre.

S.11 Supersession and reconstitution of managing committee or governing body

(1) without prejudice to the provisions contained in any other law for the time being in force, whenever it appears to the Director that the managing committee or, as the case may be, the governing body of any educational institution has neglected or failed to perform any of the duties imposed by or under this Act or the rules made thereunder he may after giving the managing committee or governing body a reasonable opportunity for showing cause against the proposed action and after considering the cause if any shown, supersede the managing committee or the governing body:

Provided that where the tenure of the managing committee or, as the case may be, the governing body of an aided educational institution has expired and the constitution of the succeeding managing committee or governing body has not been approved by the prescribed authority, the Director may re-constitute the Managing Committee or governing body after consultation with such persons or authorities a