RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS RULES 1993

THERAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS (RECOGNITION, GRANT-IN-AID AND SERVICE cONDITIONS ETO) RULES, 1993 Notification o. F. 7(73) Edu 6/74, dated 01.01. 1993, Published in Raj. Gaz. Pt. IV-C, dated 18.02.1993] fM4, 1993 As amended by the following : 1. Notification No. F. 10(8) Edu. 5/93, dated 28.07.1993, Published in Raj. Gaz. Pt. IV-C), dated 05.08.1993; 2. Notification No. F. 7(73) Edu. 5/74/ Pt. III, dated 16.03.1996, Published in Raj. Gaz. Extordy. Pt. IV-C(), dated 10.05.1996; 3. Notification No. F. 10(12) Edu. 5/93, dated 29.07.1998, Published in 4. Notification No. F. 10(12) Edu. 5/93/Pt. I, dated 26.03.1999, Published in Raj.Gaz. Extordy. Pt. IV-C), dated 27.03.1999; 5. Notification No. F. 11(35) Edu. 5/82, dated 03.08.1999, Published in Raj. Gaz. Extordy. Pt. IV-C), dated 28.08.1999; 6. Notification No. F. 12(1) Edu. 5/93, dated 30.06.2004, Published in 7. Notification No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011, Published in Raj. Gaz. Extordy. Pt. IV-C), dated 21.06.2011. In exercise of the powers conferred by section 43 of the Rajasthan Non-Government Educational Institutions Act, 1989 and all other powers enabling it in this behalf, the State Government hereby makes the following rules regulating the Recognition Grant-in-Aid and Service conditions etc. of the Non-Government Educational Institutions. 43 Raj. CHAPTER -I 1. Short title and commencement.- (a) These rules may be called The Rajasthan Non-Government Educational Institutions (Recognition, Grant-in- aid and Service conditions ctc.) Rules, 1993. (b) They shall extend to the whole of the State of Rajasthan. (c) They shall come into force from such date. 1 as the State GOvernment may specify by a notification in the Official Gazette. Rr.1-2 2. Definitions.,- In these rules unless the context otherwise requires, - (a) Act" means the Rajasthan Non-Government Educational Institutions Act, 1989; institution affiliated to any University established by law in the State of Rajasthan; (c) “Aided Institution" means a recognised institutions, which is receiving regular aid in the form of maintenancc grant from the State Government; Explanation - If any part of an institution, rcccives maintenance grant, the entire institution shall be treated as aided institution irrespective of whether any other part of the institution is or is not covered by the aid. (d) *Board" means the Board of Secondary Education, Rajasthan; (e) "Compensatory Allowance" means an allowance granted to meetpersonal expenditure necessitated by the special circumstances inwhich duty is performed and shall include a travelling allowancebut shall not include a sumptuary allowance nor the grant of afree-passage to or from any place outside India; () "Comnpetent Authority" means any officer or authority, authorisedby the State Government, by notification, to perform the functionsof the competent authority under these Rules, for such area or inrelation to such class of recognised Non-Government educationalinstitution as may be specified in the notification; (g) "Director of Education" means - 1. Came into force w.e.f. 01.04.1993, vide Notfn. No. F. 7(73) Edu/Gr-6/74, datea27.03.1993, published in Raj. Gaz. Extordy. Pt. IV-C(I), dated 30.03.1993. ) n relation to Degree and Post-Graduate Colleges and educational institutions of equal or higher studies other than institutions of Sanskrit and Technical Education, The Director of College Education, Rajasthan, (i1) in relation to the Institutions of Sanskrit Education the Director of Sanskrit Education, Rajasthan, (ii) in relation to the institutions of Technical Education, the Director of Technical Education, Rajasthan, (iv) in relation to schools and institutions other than those referred to in sub-clauses ), (ü) and (ii) the Director of Primary and Secondary Education, Rajasthan; Bxplanation - The Director of Education shall include any other officer authorised by him to perform all or any of the functions of the Director of Education, under these Rules; (h) "District Education officer" includes, in relation to Girls Institutions, the District Education Officer (Girls) and also any other officer authorised by the State Government toperform the functions of such an officer; () “Educational Society" or "Educational Agency" means any trust, person or body of persons permitted to establish or maintain a recognised non-Government Educational Institutions; (6) “Employee" includes a teacher and every other employee working in a recognised institution; (k) "Existing Institution" means any recognised institution established before the commencement of the Act and continuing as such at such commencement; (1) "Grant-in-Aid" means any aid granted to a recognised Non Government Educational Institution by the State Government; (m) "Head of an Institution" means the Principal Academic Officer, by whatever name called, of an institution; (n) Institution" includes all movable and immovable properties pertaining to an educational institution; (o) 4Joint Director" or "Dy. Director" includes an officer authorised by the State Government to performn the function of a Joint Director or Dy. Director; (p) Maintenance Grant" means such recurring grant-in-aid to an institution, as the State Government may, by general or special order, direct to be treated as such grant; (g) "Management" or "Managing Committee" in relation to any institution, means the committee of management constituted under section 9 of the Act and includes the Secretary or any other person by whatever name designated, vested with the authority to manage and conduct the affairs of the institution: Educational Institution" means any college, school, training institute or any other institution, by whatever name designated, established and run with the object ofimparting education or preparing or training students for obtaining any certificate, degree, diploma or any academic distinction recognised by the State or Central Government or functioning for educational, cultural or physical developmentof the people in the State and which is neither owned nor managed by the State Central Government or by any University or Local Authority other authority owned or controlled by the State or Centrol Government; Institution affiliated to any University or recognised by the Board. Director of Education or any officer authorised by the State Government or the Director of Education in this behalf; (t) Salary" means the aggregate of the emoluments of an emplovee including Dearness Allowance or any other allowance or relief for the time being payable to him but does not include compensatory allowance; (u) "Sanctioning Authority" means an officer authorised by the State Government to sanction aid to such recognised educational institutions as the State Government may specify from time to time, in accordance with the procedure to be prescribed; (V) State Government" means the Government of the State ofRajasthan; (w) "Teacher" means a professor, Reader or Lecturer and any otherperson, by whatever name designated, impairing instructions or training or conducting and guiding a research or trainingprogramme in a non-Government educational institution andincludes the Head of the institution; and (x) "University" means a University established by law in the State ofRajasthan. (u) Raj. Non-Govt. Educational Institutions Rules, 1993 R.2 CHAPTER-II JRECOGNITION, IT'S REFUSAL AND WITHDRAWAL FOR INSTITUTIONS OTHER THAN THOSE IMPARTING ELEMENTARY EDUCATION (CLASSES I TO VIII)) 3- II 3. Recognition of Institutions,- (1) Every institution except those affiliated to a University or recognised by the Board .2 (or imparting elermentary education from Class I to VIII] seeking recognition must be registered under the Rajasthan Societies Registration Act, 1958. (2) Except in the case of institutions which are either affiliated a University or recognised by the Board, (or imparting elementary education from Class I to VII] the Competent Authority as specified in Appendix - I may, on an application made to it in the prescribed Form (Appendix – 1), recognize a Non-Government Educational Institution on fulfillment of such terms and conditions as prescribed hereafter. (3) Every application for recognition of an institution shall be entertained and considered by the competent authority and the decision thereon shall be communicated to the applicant within the period as prescribed hereafter. 1, Substituted by Notfn. No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011. 2. Inserted by Notfn. No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011. Inserted by Notfn. No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011. 15.02.2002 (YR4A: 134) | bHÍo 49 Raj. Non-Govt. Educational Institutions Rules, 1993 4. Kinds of Recognition,- Recognition may be of two kinds - () Temporary recognition; (i) Temporary Recognition - Any educational institution submitting an application for recognition of a school/college/library/research institute or training school supported by an affidavit verifying thecorrectness of the facts mentioned therein may be given temporary recognition. R.4 (ü) Permanent Recognition- A non-Government educational institutionshall be eligible for permanent recognition, if it complies with thefollowing conditions : (a) After having been granted temporary recognition, theinstitution seeking permanent recognition, must have workedsatisfactorily fulfilling the terms and conditions, as specified inAppendix-II, for atleast three years from the date of suchtemporary recognition; (b) The management has promptly complied with the provisions of these rules and orders/directions or instructions issued by theDirector of Education/State Government and in submitting allnecessary information asked from it from time to time; (c) The student have shown satisfactory examination results; (d) The institution complies with the minimum physical/ financialnorms and other conditionas laid down in Appendix-II. R. 5 S. Raj. Non-Govt. Educational Institutions Rules, 1993 5. Procedure for Recognition,- (1) The educational institutions, except those affiliated to any University. or recognised by the Board, . (or imparting elementary education from Class I to VIII] willing to get recognition, shall submit an application in the prescribed Form (Appendix – I) to the competent authority as specified in Appendix - II, provided if fulills all terms and conditions as laid down by the Government fron time to time. No. (2) The institution shall submit its application to the Competent Authority latest by 28th February. (3) The Competent Authority shall maintain a register of all. applications received in the following proforma : Date Name of Institution Date of Inspection Name and Designation of Inspection Officer L. Inserted by Notfn. No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011. 51 Raj. Non-Govt. Educational Institutions Rules, 1993 Findings of Inspection report Decision of the competent authority Signature of the Competent authority (4) The competent authority shall complete the scrutiny of all the applications so received latest by 31st March and arrange for inspection by a party comprising - () (a) Director of Education or its nomináted gazetted officer, or (b) Competent authority as per Appendix – III; Remarks (ii) One Educationist having regard to the status of the institution: (ii) The Head of the Account Branch of the office of the competent authority. (5) The Inspecting Party shall inspect the institution keeping in mind the prescribed norms and conditions prescribed in Appendix - Il and submit its report latest by 30th April to the competent authority, who shal, by 15th May, ask for the additional information, if any, required from the institution. R. 5 (6) The Inspection Party shall record a clear recommendation with reference to each of the prescribed terms and conditions and give its recomnendations for continuance of temporary recognition or permanent recognition as the case may be. (7) The Institution shall furnish the required information as envisaged in (5) above to the Competent Authority latest by 15th June. (8) The competent Authority shall inform the institution concerned of its final decision, under registered post latest by 30th June. (9) The Competent Authority shall also arrange for inspection of the institutions from time to time for supervision over the activities and functions of the institutions and record its findings on the file maintained for the purpose. R. 5 A. Raj. Non-Govt. Educational Institutions Rules, 1993 S. No. Right to establish an educational institution - Does not carru te a right to recognition or a right to receive grant-in-aid - Grant of aid Conferment of recognition is the prerogative of State and the State may contrel Such rights by proper regulatory mcasurcs stautory or executive - Authorities entitled to grant recognition/affiliation are entitled to insist upon observance of such conditions as arc appropriate to cnsure education of requisite 1995(1) WLC (Raj.) 99. 6. Appcal against refusal' of Recognition.- (1) Where recognition to an institution is refused .[under the provisions of this Chapter] any person aggricved by such refusal may refusal, prefer an appeal against such refusal to the appellate authority as stated below i Raf. Non-Govt. Educational Instituttons Rules, 1993 COMMENTS Authority against whose orders appeal has been preferred Inspector, Physical Education District Education Officer Dy. Director, Social Education Director of Primary & Sece.Idary Education, Bikaner Director of Sanskrit Education University Board of Secondary Education R.6 Competent Appellate Authority Director of Primary and Secondary Edu. Bikaner Director of Primary and Secondary Education, Bikaner Special Secretary to Govt. in Edu. Deptt. Special Secy. to Govt. in Edu. Deptt. or his nominee, not below the rank of Dy. Secretary in case of Sanskrit School Vice Chancellor Education Secretary (P & S) or his |nominee, not below the rank of Dy. Secretary 1. Inserted by Notfn, No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011. R. 6 (2) The memorandum of appeal shll contain full facts of the case and shall be accompanied witlh attested copy of order appealed against and other relevant documents in support of the appcal. (3) On receipt of an appeal, the appellate authority shall promptly call for the relevant records from the authority, who refused recognition and after examination of such record and giving an opportunity of being heard to the appellant the Appcllate Authority shall confirm, modify or reverse the order appealed against and his decision thercon shall be final. The said decision shall forthwith be communicated to the appcllant. Raj. Non-Govt. Educational Institutions Rules, 1993 favafaurc 7. Withdrawal of Recognition.- (1) The competent Authhority granting the recognition may, after giving to the management a reasonable opportunity fo showing-cause against the prop0sed action for withdrawal of recognition 1 granted under thiswithdraw its temporary or permanent recogniti0n Chapter] in the following circumstances i (a) if the management of an institution has obtained recognition bre offraud/misreprescntation materialor suppression particulars or if, after obtaining recognition, an institution faile to comply with any of the terms and conditions prescribed in Appendix – II of these rules; (b) if the management has closed down the educational institution or any of its part without obtaining prior approval of the Competent Authority; (c) if the management has transferred the educational institution to any other building or place without obtaining prior approval of the competent authority; (d) if the management of the institution has been transferred to any other management committee/institution without obtaining prior approval of the Competent Authority; (e) if on the expiry of the period of temporary recognition the management has failed to submit an application in the prescribed form to the competent Authority either for extension of the term of temporary recognition or for grant of permanent recognition; () if the management of the institution fails to make irregular payment of full pay and allowances through an account payee cheque to its emnployees before 15th of every next month. (2) On being satisfied that the institution has failed to comply with any of the terms and conditions specified in sub-rule (1), the competent authoritymay after giving the institution an opportunity of being heard, suspend therecognition for a specific period. Thereafter if the competent authority issatisfied that the said institution has shown satisfactory improvemnent withinthe period specified, it may allow the recognition to continue. K (3)Ordinarily recognition once given to an educational institution shallcontinue upto the end of an academic session. But in cases of fraud,misrepresentation or concealment of the material facts on which recognitionwas granted or in cases, where the institution has failed in timely complianceof the orders/directions of the Director of Education of the State Government,the Competent Authority may after giving management a reasonableopportunity of showing cause against the proposed action, withdraw the 1. Inserted by Notfn. No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011. recognition even during the mids of the academic session. (4) No institution shall be given recognition retrospectively. Explanation - (1) In cases, where recognition given earlier, is withdrawn, but conferred again, such institution shall be termed as new institution. (2) In case of opening of a branch by the institution at a new place, such branch of the institution at a new place, such branch of the institution shall be termed as new institution and its application for recognition shall be decided accordingly. 57 Raj. Non-Govt. Educational nstitutions Rules, 1993 () t 8. Appeal against withdrawn of rocognition.- (1) Where recognition to an institution is withdrawn any person aggricved by such withdrawn may, within thirty days from the date of communication to him of such withdrawal, prefer an appcal against such withdrawal to the appellate authority as specified in rule 6(1). Rr.8-8A (2) The appeal shall be preferred and disposed off in the manner as prescribed in rule 6(2) and (3). CHAPTERII-A RECOGNITION, ITS REFUSAL AND WITHDRAWAL FOR INSTITUTIONSIMPARTING ELEMENTARY EDUCATION (CLASSES I TOVIII) 8-A. Procedure for recognition for primary & upper primary schools.- (1)Every Primary and Upper Primary school, other than a school established,owned or.controlled by the Central Government, State Government or thelocal authority, established before the comnmencement of the Right of Childrento Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009)(hereinafter referred to as the Act of 2009) shall make a self declaration withina period of three months of the commencement of the these amendment rules,in Form 1, to the concerned District Elementary Education Officer regardingcompliance of the norms and standards specified in the Schedule of the Act of2009 and fulfillmnent of the following conditions, namely: (a) the school is run by a society registered under the SocietiesRegistration Act, 1860 (Central Act No. 21 of 1860), theRajasthan Societies Registration Act, 1958 (Act No. 28 of1958), or a public trust constituted under any law for the timebeing in force; (b) the school is not run for profit to any individual, group orassociation of individuals or any other persons; 1, Inserted by Notfn. No. F. 8(29)Edu. 5/EE/2009, dated 21.06.2011. (c) the school conforms to the values enshrined in the Constitution of India; (d) the school buildings or other stucturcs or the grounds are used only for the purposes of education and skill development; (e) the school is open to inspcction by any officer authorized by the State Government or the local authority; () the school furnished such reports and such information as may be required from time to time and complies with such instructions of the State Government or the local authority as may be issued to secure the continued fulfillment oi the conditions of recognition or the removal of deficiencies in working of the school. (2) Every self declaration received in Form 1 shall be placed by the District Elementary Education Oficer in public domain within fifteen days of its receipt. (3) The District Elementary Education Officer shall, within three months of the receipt of the self declaration, cause on site inspection of such schools which claim in Form 1 to fulfill the norms and standards and the conditions mentioned in sub-rule (1). (4) After the inspection referred to in sub-rule (3) is carried out, the inspection report shall be placed by the District Elementary Education Officer in public domain and schools found to be conforming to the norms, standards and the conditions shall be granted recognition by the District Elementary Education Officer in Form 2 within a period of fifteen days from the date of inspection. (5). Schools that do not conform to the- norms, standards and conditions mentioned in sub-rule (1) shall be listed by the District Elementary Education Officer through a public order to this effect. Such schools may request the District Elementary Education Officer for an on-site inspection for grant of recognition at any time within a period of three years from the commencement of the Act of 2009. (6) Schools which do not conform to the norms, standards and conditions mentioned in sub-rule (1) within three years from the Commencement of the Act of 2009, shall cease to function. (7) Every Primary and Upper Primary school, other than a school established, owned or controlled by the Central Government, State Government or local authority, established after the commencement of the Act of 2009 shall conform to the norms and standards and conditions mentioned in sub-rule. (1) in order to qualify for recognition under this rule. 8-B. Procedure for withdrawal of recognition for Primary and Upper Primary schools.- (1) Where the District Elementary Education Officer (hereinafter in this rule referred to as the said Officer) on his own motion, or on any representation received from any person, has reason to believe, to be recorded in writing, that a school recognized under Rule 8-A, has violated one or more of the conditions for grant of recognition or has failed to fulfill the norms and standards specified in the Schedule of the Act of 2009, the said Officer shall act in the following manner : 59 Raj. Non-Govt. Educational Institutions Rules, 1993 (a) issue a notice to the school specifying the violations oftheconditions of grant of recognition and seek its explanation within one month. R.8B (b) in case the explanation is not found to be satisfactory or noexplanation is received within the stipulated time period said Officer may cause an inspection of the school to beconducted by a Committee of three to five members comprising of educationists, civil society representatives, media andgovernment representatives, which shall make due inquiry and submit its report, along with its recommendations continuation of recognition or its withdrawal, to the saidOfficer. (c) on receipt of the report and recommendations of theCommittee, the said Officer may pass an order for withdrawalof recognition : for Provided no order for withdrawal of recognition shall bepassed by the said Officer without giving the school andadequate opportunity of being heard : Provided further that no such order shall be passed bythe said Officer without prior approval of the StateGovernment. (2) The order of withdrawal of recognition passed by the said Oficer shall be operative from the immediately succeeding academic year and shall specify the neighbourhood schools to which the children of that school shall be admitted.] 3 I[-G R.8B (a) Raj. Non-Govt. Educational Instttutions Rules, 1993 60 61 Raj. CHAPTER - III AID, ACCOUNTS AND AUDIT 3}- III 9. Grants,- The State Government may at its discretion sanction followinggrants : (1) Maintenance or recurring grant. (2) Non-recurringgrant towards equipments, building etc. (3) Adhoc, non-recurring or recurring grant to an institution which isof an all India Character and its project and activities have beenapproved by the Central or State Government on such terms andconditions as it may deem fit to impose. R.9 (4) Such other grants as may be sanctioned by the Govt. from time to time. 10. General conditions governing Grant-in-aid.- Every institution wnien applies for grant-in-aid shall be deemed to have accepted its obligaton to comply with the following conditions - (1) The institution shall neither prepare nor send candidates, unless permitted by the Director of Education, for an examination held in another State when an examination of the same nature and standard is held in Rajasthan by the Education Department, Board or University. (i) Admissions and all facilities including free studentship, half free studentship, provided by the institution shall be available to every section of people without any distinction of cast, colour, creed, religion or language. (ii) The institution shall not be run for the profit of any individual. Its Managing Committee or Management must be such as can be trusted to utilize its assets for the furtherance of the objects of the institutions. (iv) The institution shall supply to the education department, a list of all its assets, the income of which is utilised to meet the expenditure of the institution. (v) The educational institution or any of its faculties, subject, course, class or section, shall not be closed down or down-graded without atleast one full academic year's notice in writing as envisaged under section 14 of the Act to the department. (vi) Whenever the management of any recognised institution, is proposed to be transferred, the secretary and the person to whom the management is proposed to be transferred shall, before such transfer apply jointly to the Director of Education for prior approval of the transfer in the proforma as specified in Appendix – VI. (vii) The Management shall deposit in the Endowment/Reserve Fund, a sum as prescribed in Appendix - I. (vii) The amount collected by the management by way of grants, donations, interest on endowments, fees from students etc. shall be credited to the accounts of the institution and shall be reflected in annual income and expenditure statement of the institution. AII moneys shall be deposited in a PD Account opened for the purpose in the District/Sub-Treasury exceptmoney required for immediate III. Raj. Non-Govt. Bducational Institutions Rules, 1993 (2X) (a) The management shall scc that the total number of student on roll and their average attendance in the boys' institution does accounts, income wisc, in a rcgister. disbursement or payment. The institution shall maintain detailed I. not fall below the standard mentioned hercunder : S. Standard of the No. Institution 1. Lower Primary 2. Primary Primary & Secondary Education |Upper Primary 4. Secondary 5. |Sr. Secondary Hostels 1. Primary Sanskrit Education Purva Pravesika Pravesika 4. Upadhyaya Shashtri 6. Acharya 1. Graduation Class College Education Ito III Ito V VIto VII XI to XII Vto VIII XI to XII Previous & Final Total No. of students on 2. Post Graduation Previous & Final roll in a session Average attendance R. 10 (b)in the case of Girls institutions the total number of students On roll in a session may be 75% of the number prescribed for the boys institution and the average attendance may be 600. () Withdrawals from the institutional fund shall be made, only bya person, who is duly authorised by the Managing Committee to operate the fünd and only for the purnose of incurring expenditure for the maintenance or improvement of the institution. (xi) The institution shallpromptly comply with all the instructions orders/decisions given from time to time by the departrment for the proper running of the institution. (xi) No grant shall be admissible for starting a new course, la section, subject, faculty or a project, unless previous permission O the competent authority has been obtained. (xii) The management shall appoint teachers and other staff and shall follow the conditions of service, as laid down in these rules. Only trained teachers shall be appointed by the institution. (xiv) The management shall not spend any portion of its income, incuding accumulated savings, on items, which are against the interest of the institution. (xv) The Grant-in-aid will be payable to the management of the institution subject to availability of funds and shall not be claimed as a matter of right. (xvi) The amount of aid may normally be paid to the Secretary of the of the InstitutionManaging Committee but in special circumstances and for reasons to be recorded in writing, such amount may be paid tO any person authorised by the Director of Education or by any other officer empowered by him in this behalf. (xvi) In case of financial crisis the State Government may stop/reduce or modify the grant without assigning any reasons whatsoever. (xviii) The total recurring grant-in-aid in a year shall not exceed the difference between the total approved expenditure and the recurring income from all the sources. (xix) The grant-in-aid or any property, movable or immovable, created out of it, shall not be utilised for any purpose other than the purpose for which it was sanctioned. (xx) The unutilised balance at the end of the financial year shall be surrendered to the Department/Govt. on or before 31st March each Year, failing which it shall be adjusted towards next installment of aid becoming due. (xxi) The institution shall maintain student-wise demand and collection register for different kinds of fees realised. (xxii) Only the recognised institutions shall be eligible for grant-in-aid. (Xxii) No grant-in-aid shall be admissible to an institution which either avoids audit/inspection or fails to co-operate with the auditing/ inspecting authority. (xxiv) The Secretary of thc institution or any other person duly authorised shall at the time of recciving grant-in-aid, submit an undertaking in the form prescribed in Appcndix XII in triplicate to the countersigning authority. R. 10 1. afitas II. Raj. Norn-Govt. Educational Institutions Rules, 1993 1. 9f5 5. I III. 2. IGOR IV VI VII IX X XI XII I V V VII IX X XI XII R. 11 11. Procedure for Grant-in-Aid,- (1) Any non-Government educational institution secking grant-in-aid from the Government shall submit its application in the form prescribed in Appendix - 1V to the concerned Director of Education latest by 30th September of the year immediately preceding thevear in which the grant-in-aid has been applied for. By 31st October each year the Director of Education shall order for a panel inspection by a Committee, to be nominated by him and direct such in the proforma as specified in ApPpendix- V. Committee to submit its report/latest by 31st December. The panel inspection report shall be scrutinized by the Head of Accounts Branch oi the Directorate. A list of institutions recommended by the Panel Inspection Committee shall be sent to the State Government by 31st of January. Such reports, after due scrutiny shall be put-up before theGrant-in-aid Committee, which shall consists of the following : (ü) Raj. Non-Govt. Educational Institutions Rules, 1993 Special Secretary Education Department (v) Director and/or Chief Accounts Officer of Primary & Secondary Education (iii) Director of College Education (iv) Director of Sanskrit Education to the Government A representative of the Finance Department (vi) Three eminent non-official Educationists nominated by the Government (vii) Accounts Officer, Education Deptt. Govt. Secretariat, Jaipur 1 Primary & Upper Primary Schools Chairman Member Secondary Secondary Schools Member Senior Member Member (2) The Director of Education shall intimate the amount that may be available for the above grants in the financial year to the above committee, when it meets to consider the applications for grant-in-aid. (3) The Government shall convey its approval of the quantum of aid etc. to the concerned Director of Education for further necessary action. Members (4) The quantum of aid shall depend upon the recommendations of the grant-in-aid committee and finally as may be approved by the Governmnent and may range from 50% to 90% of the approved expenditure of the Institutions: Member Secy. Provided that in case of Railway schools situated in Rajasthan, grant in-aid may be allowed as follows : 50% of approved expenditure 25% of the approved expenditure Provided further that the percentage of aid for a new faculty or subject shall not be less than that already being paid for another faculty or subject in an institution. on time. Raj. (5) A declaration shall be furnished by the person authorised h. management of the institution for which grant-in-aid is being sought, tothe effect that it has sufficient assets (list to be attached) which are free irom all encumbrances and do not include assets created or added out of the grant-in- aid received and that the income of such assets supplemented by grant-in-aid will be adequate to enable the management to carIy on the institution efficiently and to pay the salaries of the staff of the institution regularly and R.11 tfay-yfry R. 12 12. Finalisation of Maintenance or Recurring Grant.- (1) The institution already receiving recurring grant shall submit application for finalisation of the grant of previous year in prescribed proforma (Appendix - IV) to the competent authority as specified below latest by 31st August : - 1 Colleges other than Director of College Education Sanskrit Education 71 Raj. Norn-Govt. Educational Institutions Rules, 1993 Schools `and Colleges of Sanskrit Education Primary and Secondary Education Director of SanskritEducation Regional Director of Secondary Education Primary R.12 (2) In case of institution controlled by Primary and Secondary and Bducation such application shall be submitted to District Education Office 31st August who willscrutinize them with reference to the original record the institution and forward the same alongwith his specific recommendatioon each item for finalisation of the grant to the competent authoritv specified in sub-rule (1) latest by 31st October. (3) If the institution fails to submit the applications by 31st August theabove said authorities may condone delay for two months and the delay ofmore than two months may be condoned by the Govt. 13. Assessment of Annual Recurring Grant.- (1)Annual recurring grant will be given on the basis of estimated expenditure of the current year and be subject to adjustment from the grant payable in the next year. (2) Approved expenditure shall be arrived at according to these rules and such other instructions that may be issued from time to time. (3) Institutions shall be categorized under advise of the grant-in-aid Committee and may be allowed Grant-in-aid as follows : Category - of the approved expenditure of the previous A. year plus likely annual increment of staff Special Category - Institutions carrying on the work of education on experimental & pioneering lines in accordance with the criteria laid down by the Department of Education Notes Notes - B (i) Tuition fees; C. D. (iii) Admission and re-admission fees; (iv) Transfer Certificate fees; I. The case for an increase or decrease in grant-in-aid may be reviewed by the Grant-in-aid Committee ordinarily after three years on the basis of inspection reports and general improvements and other principles of categorization. I. Grant-in-aid Committee will admit institutions to the special category after examination of their cases as per criteria laid down in Appendix - VII. (4) The total recurring grant-in-aid from Government of Rajasthan in any year shall not exceed the difference between the total approved expenditure taking intO account and the income from the fees and other recurring sources during the same year, including grants from other State and Central Government, Sabhas, Societies and local Bodies, as also the income from Interest on reserve funds or rent of property. I. The income from fees and fines referred in sub-rule (4) includes the following fees and shall be separately mentioned in the statement of audit prepared by the Chartered Accountant or other approved auditors : (v) Any other fces not covered by the above except - (a) subject fees for example Commerce fees, Science fees, Agriculture fees etc., (b) Games fees and fee charged for craft and other activities in Agriculture dairy. Home Science ctc. referred in sub-clauses (i), (k), (4) of Rule 14: (vi) Fines with regard to other fees referred to in (a) and (b) of item (v) above, subject, games and certificates fees shall utilised for the specified purpose for which thev charged and in the event of their non-utilization in le part, the amount shall be transferred to the student fya to be utilised in the next year. The Governing Body Council or the management-shall in no case utilize any portion the Students Fund for the purpose of running the institution or in payment of salaries of the staff, rent of + buildings etc. I. During each year every institution admitted to the grant-in-aid list shall provisionally be paid a monthly sum equal to 1/12th or a quarterly sum equal to 1/4th of the annual grant fixed for the previous ycar till the current year's grant is sanctioned subject to its final adjustment. The following willbe the basis for the categorization of the institutions: i) Quality of educational work judged on the results on an average of last three years of the public examninations of the higher class in the institution; (iii) Individual attention; R.13 (v) Discipline and tone of the Institution (Chapter - VII); (vi) Extra-curricular activities cultural life games etc.; (vii) Contribution to community life (special service in thearea); (viii) Class-wise attendance throughout the year; (ix) Facilities for games, sports, Physical Training andparticipation and achievement in tournaments; (x) Provision forbuilding and equipment; (xi) Absence ofmalpractices and irregularities; (xii) Absence ofstagnation among students; (xii) Number of faculties and subjects provided.II. The Notice period pay recovered fromn the emnployees of theinstitutions and the amount of managerment shares of the provident fund scheme forfeited by the management during the year shall be shown as income in the audited staternent shall be treated as income of the institution for thc purpose o arriving at the net approved expenditure. 28.04.1998 (tr4a: 48) | fais 22.07.1998 (uRa : 58)| yat- . R. 13 77 Raj. Non-Govt. Educational Institutions Rules, 1993 14. Approved Expenditure.- Approved expenditure referred to in rule 14 above, shall relate to the following items only. All the itéms from (a) to (vi mentioned below will form competent A' of the admissible, items of the expenditure : (a) Actual salary and provident fund contribution not exceeding 8.33% in respect of teaching and non-teaching staff. (b) Stationary and printing charges. (c) Water and light charges. R. 14 (d) Registration fees, audit fee and affiliation fee. (e) Recurring expenditure on equipment and apparatus. () Ordinary repairs to building (if these belong to the institution andfurniture etc.) repairs may be calculated at 1% for pucca and 2%for kacchha buildings. (g) Building rent if the building is rented. In all cases the departmentshould be satisfied that the building is not owned by a Societyconsisting of the same community or groups or persons runningthe institutions concerned. Rent will not be admissible if thebuilding belongs to the same society or groups of persons runningthe institutions concerned. (h) Net recurring expenditure on books, library and reading rooms. (i) In the case of residential institutions or educational societiesrunning more than one institution such expenses on managementas are necessary or incidental to the establishment andmaintenance of the institutions and the society. i) Net recurring expenditure on games, physical education and otherextra-curricular activity e.g. camps, annual functions (includingprizes), dramatics, educational tours, excursions and socialservices. (k) Recurring expenditure on craft including Agriculture, Dairy, HomeScience after deducting the income accruing there from. (0) Expenditure on travelling of teachers for attending conferencesand seminars conducted by the Government or Departnentconnected with educational matters : Provided the same has not been paid by the authority calling the teachers or arranging the conferences or seminars and on journeys. (m) Expenditure on advertisement for the post of teachers and lecturers for Technical or Science subject, Home Science, English, Psychology etc. at the rate of not more than two advertisement in a year. (n) Petty expenditure according to the prescribed limits for brooms, sussters and earthenpot, rope for water etc. (o) Research bullet in for research institutions only. (p) Book-binding (for public libraries only). (9 Training expenses for teachers according to rules for Government employees. (r) Charges on account of taxes on sch0ol building to the extent of the amount if actually paid by the Management. (s) Travelling expenses of teachers accompanying school children on excursions subject to the prior approval of the Director of Education. (t) Expenditure incurred on fees for obtaining rent verification certificates from P.W.D. (u) A new institution coming into existence after the commencement of these rules shall not be eligible for grant-in-aid, unless it has continued to function successfully or atleast three academic sessions in case of boys institutions and for two academic sessions in case of girls institutions from the date of its recognition or affiliatin. (v) Expenditure on Hostels-Approved expenditure for Hostels would relate to the following items : (i) Salary or allowances of the Warden or Superintendent or the Matron; (ii) Ministerial and Class IV establishment considered necessary by the Department; Notes - (iv) In case of Societies running more than one boarding house, such expenses on management as are necessary for and incidental to the establishment and maintenance of the Society as provided under the rules above. I. The expenditure on Central Ofice shall be approved for grant only when the total approved expenditure of the Society exceeds Rs. ten lakhs per year and atleast three institutions are being run by the Society. Such institutions are only those which are recognised for this purpose by the Department. Institution should not be of the nature of a Department or section or activity of the sam institution. ll, Charges on account of contribution made by the institution to pension fund or a gratuity scheme or on account of the pension or gratuity paid to former teachers are ordinariiy not admitted for the Purpose of grant-in-aid unless the rules on the subject are approved by Government : Provided that in the case of staff obtained on lent services from any State Government or Government of India, pension and leave salary contribution shall be allowed as approved expenditure. 1II. Expenditure on rent to the extent assessed by the P.W.D. for the particular period isàdmissible to an institution only when the building has been actually taken on rent and rent-deed containing the terms and conditions of rent is executed and registered. No rent is admissible where a parent body has given a building to a Trust for the charitable purpose of running an educational institution as a donation. No rent is admissible where grant-in-aid has already been given for repairs, additions and alterations of the building used for educational institutions run by private body. In case the institution or society, which is other than the parent body, is entrusted with the running of a school and used building which was got constructed by the parent body for the use of the school and then new managing committee is required to execute a bond or agreement and get the same registered to theeffect that rent for use of the building will have to be paid by thenewly created management will have to be paid by the newlycreated management will have to be paid by the newly createdmanagement to the parent body for running a school, rent by theSociety will be admissible for grant-in-aid. IV. Samne as otherwise provided no expenditure on repairs of buildingfor which rent is claimed is admjssible for grant-in-aid as such,repairs are to be done by the landlord. V. Legal expenses are not admissible for grant-in-aid as they are non recurring charges. Exceptional cases should, however, be referredto the Director with pertinent details for orders, regarding theadmissibility of the expenditure. VI. Arrears of expenditure - The expenditure, which is incurred tomeet the liabilities of any previous year but included in theexpenditure of the current year on which the grant is based shallbe admissible for the purpose of grant-in-aid only with the priorapproval of the State Government. VII. The authorised maximum limits of expenditure would be asspecified in Appendik VII. VII. Any new or additional expenditure on anv of the above items not provided in the approved budget will require previous sanction of the Government. IX. Repayment of loans etc., - Repayment of Loans or the amount transferred to the Revenue Fund is not an expenditure admissible for the purpose of grant-in-aid. fis 18.03.2000 (Rya : 98) 1 15. Payment of Recurring Grant.- (1) Payment of grant-in-aid may be sanctioned by the Director of Education regularly to the institution already on the grant-in-aid list within the budget provision in the current financial year. (2) If any institution has worked for less than 200 days during the twelve months ending-on March 31, a proportionate reduction may be made from the annual grant payable under the rule. 16. Non-Recurring Grants.- (a) Non-recurring grant shall not exceed 50% of the total approved and actual expenditure. (b) Non-recurring grant may be given for construction, repair and extension of building (including hostels), for purchase of furniture and equipment and for the purchase of library books. (c) Grant for the purchase or replacement of bus shall not exceed 25% of the controlled price of the bus. Replacement will normally be allowed after an interval of at least 10 years. Such grant will ordinarily be considered only for Girls institutions and Montessory schools and preference will be given to institutions situated in cities or away from residential localities. aid. Note - In case of Girls institutions expenditure incurred for theconstruction of teachers residential quarters will be admissible for grant-in (d) Grant-in-aid will bc given in only thosc cases where the plan andestimates of expenditure have received the prior approval of competentquthority as per schedule of powers in Appendix - X (item 6). (e) Plans and estimates upto Rs. 50.000/. for the construction of building may be scrutinized and countersigned by the District Educationofficer of the district concerned, if the same are preparcd by a quanedEngineer. Plans and estimates abovec Rs. 50,000/- must be prepared and verinedby the P.W.D.and be submitted to the Dircctor of Education through proper channel. () Grant-in-aid will be sanctioned and relcased to the institutions by the competent authority as per schedule of powers in Appendix - X (tem 8). Before tlhe sanction of grant the competent authority shall be satisfied that (1) Statement of expenditure audited by a Chartered Accountant has been received; (i) Certificate of P.W.D. authorities for the value of construction has been received; (im) The certificate of the P.W.D. authorities and Departmental authority tothe effect that the expenditure is according to the approved plans or project has been received. (g) Normally grant-in-aid is to be released after the completion of the approved construction/project. In special cases where interim installments of grant are decided to be sanctioned, the competent authority shall satisfy itself, that () Statement of expenditure audited by a Chartered Accountant has been received; (i) Certificate of Dy. District Education Officer or District Education Officer regarding work done and material used has been received. The installment sanctioned shall not exceed 50% of the approved actual expenditure. For final payment certificate as in () above would be necessary. (h) In all cases, before or at the time the money granted is paid over, a mortgage deed as specified in Appendix - XI shall be executed and got registered. faic 05.11.1997 (f4a :27)| 17. Sanction of a Post.- (1) The institution shall submit its application 1or sanction of any additional or new post by 31st May, each year in duplicate to the Director of Education in the following form: APPLICATION FOR SANCTION OF ADDITIONAL/NEW POST 1. Namne of Institution 2. Level of institution for which grant-in-aid is being received .... 3. Percentage of Grant-in-aid 4. Head of Account 5. Existing posts cadre-wise (for which granted is being received class) .... 6. Additional posts required (cadre-wise) 7. Justification of demand: (a) Number of class and sections (b) Number of period being taken by each teacher (c) Time table prescribed for all teachers 8. Class/Section-wise student population for last 3 years as in March each year: (a) Promoted from lower class (b) Failed in the class (d) Number of students who have left the class/section 9. Whether it would be possible to accommodate the additional number of student/sections in the existing building as per norms prescribed by the Government 10. Financial implication for one year on the additional posts and amount of aid required 11. Whether prior permission of the competent authority has been taken to open a new class/section or specific faculty if so, quote No. and date of such permission 12. Recommendation of the counter signing authority (2) The Director of Education shall scrutinize the case and send his detailed proposal alongwith application of the institution to the State Government who may after getting the approval of the Finance Department, sanction such number of posts, which it feels justified. 87 Haj. () the posts so sanctioncd additionally shall take whichever is later. specific date as mentionedin the order or fromthe date on which itisfilledup as the case may be. (4) The Director of Education will ensure budget provision under appropriate Head of account by submission of estimates or revised estimates, On account of reduction in the number of students or subjects. (5) It shall be obligatory on thepart of the institution to intimate tothe Director of Education if the existing number of posts are liable to be reduced 4ot- () effect fromthe 1999 (urya : 87) R.17 ef: () HàT 18. Stoppage, Reduction and Suspension of Grant.- The grant-in-aid shall be liable to be stopped, reduced or suspended at the discretion of the sanctioning authority if in its opinion the management has failed to satisfy or abide by any of the conditions or to comply with any of the provisions enumerated in these rules or to manage the institution efficiently, but before any such action is taken under this rule, the management shall be given an opportunity of showing cause against the charges leveled and action proposed to be talken against it. 89 Raj. Non-Govt. Educational Institutions Rules, 1993 19. Appeal against Stoppage, Reduction or. Suspension of Grant.- The Rr.19-20 management may appeal to the State Government against on final. stopping, reducing or suspending the grant within two months from the date of the receipt of the said order. the decision of State Government shall be order 20. Accounts and Audit.- (1) The institution admitted to the benefit of grant. in-aid shall maintain cash books and other subsidiary Registers in which all cash transactions connected with the institution either directly or indirectlv shall be entered. (2) The accounts of the institution shall be produced for inspection and audit to the persons/officers authorised by the Government or the Director of Education and also to the Local fund Audit Department and the Accountant General. (3) The annual audit report of the institution duly prepared by a Chartered Accountant or any authorised auditor shall be submitted to the countersigning authority not later than 31st August of the following Year, who after examining the same shall forward it to the sanctioning authority. (4) The maintenance grant other than salary for the year will not be released, unless the audit report for the previous year has been received by the sanctioning authority, on or before the 30th November each year. The said report shall be sent in a complete form duly signed by the Management and certified by the approved Auditor. (5) The Sanctioning Authority shall scrutinize the audit report with reference to, the actual expenditure statements prepared by the institution, discrepancies detected by the authorised auditor, explanations if any furnished by the management and the remarks of the counter-signing officer in regard tothe manner in which the institution is observing the conditions of grant-in-aid. On being satisfied, the sanctioning authority shall sanction the grant as per these rules. (6) The Director of Education shall arrange for the local audit of the accounts of the aided, institutions atleast once in two years. During such audit, a selected month's transactions shall be subjected to detailed audit. Thereafter the Director of Education shall seek compliance of such audit report from the management. (7) The Director of Education shall submit a report to the Government on or before lst January every year, indicating the condition of accounts maintained by the institution. (8) If the circumstances of require the Government/Director of Education may order for special audit of the accounts of any aided institution, to be conducted by an officer authorised for the purpose. (9) The Secretary of the institution shall within six months of the end of an academic year, submit to the managing committee of the institution the auditrcport to the managing committec of the institution the audit report for perusalanddiscussion and intimate its decision tothc Dircctor of Education. (10) It shall be obligatory for the institution to submit compliance the audit report within a month from the date of its receipt, failing which it shall be liablefor appropriate action bythe compctent authority. DI5 (affya : 61)I 91 Haj. Non-Govt. Educational Institutions Rules, 1993 21. Inspection of the Institution.- With a view to exXerci Sing over all Supervision and control over the affairs of the institution, any officer authorised for the purpose by the Director of Education/ State Government may inspect without prior notice any institution or any part of it. The institutions shall make their record, available to facilitate such nSpection. A detailed inspection report shall be submitted by such inspecting officer. 22. Prior approval for transfer.- For seeking prior approval for transfer of immovable property as envisaged under section 15 of the Act, an application containing the following particulars shall be submitted : (a) Description of the immovable property. (b) Purpose for which it is being used at present. (c) Year of purchase/construction. (d) Cost of purchase/construction. () Amount of grant-in-aid received for purchasing/constructing theproperty. (g) ReasSons for transfer. Rr.21-22 (h) Nature of transfer. () To whom proposed to be transferred; and (i) Other information asked for, if any. CHAPTER - IV CONSTITUTION OF THE MANAGING COMMITTEE 23. (1) There shall be constituted a Managing Committee for every recognised institution in the manner prescribed as under : (a) the Managing Committee shall consist of not less than 15 and not more than 21 members including the Head or Heads of the institution or institutions run by the society; (b) not more than two thirds of the members of the managing Committee shall belong to any one community, caste or sect; (c) not less one third of the total membership should be from amongst donors or subscribers; Explanations - A person donating Rs. 2,000/- or more at a time or atleast Rs. 50/- p.m. for a continuous period of twelve months or more to the institutions shall be considered as donor; (d) one elected member from amongst the permanent staff shall be included in the managing committee; (e) Director of Education shall nominate an officer of the department, not below the rank of the head of the concerned institution or an eminent educationist, to be a member of the managing committee; () at ieast one member shall be co-opted from amongst the parents of the students of the institution or institutions run by the management; (g) at least one reputed old student of the institution shall be co-opted as member by the members of the managing committee; (h) the management shall hold elections after every three years and constitute a new managing committee. (2) The managing Committee shall adopt the following procedure for conducting elections : 93 Raj. Non-Govt. Educational Institutions Rules, 1993 (a) an clection officer shall be nominated; R.23 (b) the election officer shall issue a notice of election to all the members of the electoral College atleast one month before the date fixed for election; (c) the notice for election shall specify the date, place and time of election; (a) the election officer shall maintain the entire election record including the names of the candidates who contested the election as well as of the candidates elected and the number of votes polled in their favour; (©) the election shall take place by a secret ballot and the procedure to be adopted for secret ballot shall be determined by the election officer; (1) the Co-option by the elected members shall take place within one month of the election; (g) Soon after the election, the managing committee shall initiate action for nomination of the departmental representative. (3) After its constitution, the elected and nominated members of the managing Committee shall elect its Chairman, Secretary andTreasurer, An employee of the institution shall neither be theSecretary nor the Treasurer. COMMENTS Sec. 9 & Rule 23-A managing committee of a recognised educational institution being a statutory body has to perform statutory functions in addition to manage and conduct the affairs of the institution -A Mandamus can be issued under Article 226 of the Constitution against State to see that the statutory bodies i.e. the Managing Committees of the institution are constituted and function in the manner prescribed in the Act of 1989 and the Rules of 1993. Ravindra Kumar Sabu Vs. The State of Rajasthan & Ors., 24. Functions and Powers of the Managing Committee.- The managing committee shall be responsible for the proper management of the institution and shall perform such functions and have such powers as specified in the bye-laws of the institution. 25. Functions and Powers of the Secretary- The functions and powers of the Secretary of the institution shall be as follows i (a) To carry on correspondence on behalf of the institution. (b) To call meetings of the managing committee and prepare agenda in consultation with the Chairman. (c) To conduct and record the proceedings of the meeting of the managing committee. (d)To carryout the orders and resolutions of the managing committee (e) To maintain charge of the invested funds, title deeds and other documents and papers belonging to the institution. (1) To open and operate bank accounts of the institution. (8) To check, sign and supervise the accounts of the institution. (h)To prepare budget in consultation with the Chairman and Heads of the institution. (1) To furnish statement under section 12 of the Act and to submit return, statements, reports and accounts of the institution to the concerned authorities in the following proforma : S. Name of Date of Assets R.25 Present Value Grant-in-aid Remarks received from Govt. for such property G) To issue orders of suspension of any employee with the prior approval of the managing committee. (k) To sanction the expenditure of the institution according to sanctioned budget provision. ()) To grant leave other than casual leave to the staff including the head of the institution and casual leave to head of the institution. (m) To perform such other duties as may from time to time be entrusted to him by the managing committee. R. 26 s6. Raj. Non-Govt. Educational Institutions Rules, 1993 CHAPTER-V GENERAL CONDITIONS OF SERVICE (1) Name & number of posts, (ii)Required qualifications, 26. Recruitment.- Recruitment of employees in a recognised institution shall be made on merit, either after open advertisement in a local daily news paper having a wide circulation or from amongst the candidates sponsored by the employment exchange, in the manner prescribed here under : (a) The following details shall be included in the advertisement to be published in the news paper i (v) Other qualifications, (vi) Minimum and maximum age on a specific date, (vii) Number of post/posts reserved for Scheduled Caste/Tribes candidates. 97 Raj. Non-Govt. Educational Institutions Rules, 1993 (b) The qualifications shallbe as prescribed by the Government for similar category of employees in Government. educational institutions except for the post of Organising Secretary for which the qualifications shall be as under - I II. Management having three or more institutions with approved expenditure of Rs. 20 Lakhs and above, per annum Managements having three or more institutions with approved expenditure of Rs. 10 Lakhs or above but below Rs. 20 Lakhs, per annum. (C) All application received in response to the advertisements shall be scrutinized by the Secretary of the managing committee who shall prepare a list of eligible candidates and summon them for interview by the selection committee. (d) The selection committee shall consist of the following : (ü) Head of the concerned institution. ) Two representatives of the Managing Committee. (iii) One officer nominated by the Director of Education. No. S. Name of Posts For Colleges two experts/Educationists in case of selectionfor the post of Principal and one educationist expert in case ofother post as nominated by the concerned University shall also beincluded in the selection Committee besides the above members. (e) The nominee of the Director of Education to be a member of theSelection Committee shall be as follows : 1. Principal 2. Principal Graduate with 5 years experience as Organising Secretary in institutions of 3. Lecturers/ Institution Degree Colleges R. 26 and Status of the Departmnental Officer Education Post-Graduate CollegeThe Director of & Acharya Coleges Education |Degree & P.G. Colleges Joint Director ofHead of the|(General & Sanskrit) Education Departments Headmaster/ Principal Lecturers School 7. Teachers 6. Senior teachers Secondary, Upper Primary Schools, Montessory and other special Schools including Praveshika and Purva Praveshika All Institutions Ministerial Staff 9. Organising Secretary other post Special institutions Secondary, Sr. Secondary Schools including Praveshika &and Sanskrit) Upadhyaya Joint Director of including Upadhyaya D.E.0. Or All Institutions Inspector of Sanskrit Edu. Headmaster/ Principal, Sr. Secondary School or Upadhyaya Inspector of Sanskrit Education |Inspector of Sanskrit Education Secondary Schools of D.E.0./Inspector and Special Schools and of Sanskrit Educationof|Central Office () Reservation policy as laid down by the government and instructions issued from time to time with regard to the appointment of candidates belonging to Scheduled Castes and Scheduled Tribes shall invariably by followed by the aided institutions for all categories of services i.e. Teachers, Ministerial and Class - IV employees etc. (g) The Selection committee, after having interviewed all the candidates shall prepare a penal of candidates arranging them in order of merit and submit its' recommendations for appointment to the Managing Committee. 03.11.1996 (RYA: 12) | 20.00 GA 54 R.26 (gftya : 73)I R.26 Raj. Non-Govt. Educational Institutions Rules, 1993 5/94, fes 23.11.1994 (4fR4a :8)1 |S. No. Raj. Non-Govt. Educational Institutions Rules, 1993 27. Approval of Appointments.- The Managing Committee shall, within a fortnight of selection, forward the list of selected candidates, with itsrecommendations, alongwith information in the following proforma, to thecompetent authority as specified in Appendix - IX, for its approval : Name of the Institution 3 y Pay scale of the post Name of the post Name of persons called for interview Retirenment Reasons for posts becoming vacant Termination Names of members of the Selection Committee R.27 Resignation Names of persons selection R. 27 Date of Birth Qualification Marks given by the Selection Committee to each candidate Raj. Non-Govt. Educational Institutions Rules, 1993 Experience Date of initial appointment Pay and Pay Scales Norms fixed by the Selection Committee for giving marks Outstanding qualifications/ experience, if any Marks given by the Selection Committee to each candidate Remarks, if any Raj. Non-Govt. Educational Institutions Rules, 1993 28. Approval by Competent Authority.- The competent Authority may after due consideration either approve the recommendations of the Managing Committee or reject the same for reasons to be recorded in writing. 19.03.1998 (uR4a :44) | 29. Appointment.- After having obtained the approval of the Competent Authority, the Managing Committee may make necessary appointment. Rr.28-29 08.03.1999 (uÑya 30. Perlod of Probation.- (a) All persons appointed in the Institution shall be nlaced on probation for a period of one ycar. (b) l1 it appears to the Managing Committee, at any time, during or at the end of the period of probation, that the cmployee-has made not made sufficient use of his opportunities or has failed to give satisfaction, heManaging Committee may discharge or terminate to approve the appointment(Appendix - IX): Provided that the Managing Commitee may, if it so thinks fit in any case, extent the period of probation not exceeding one year. COMMENTS 31. y Services of probationer dispensed with - Order is termination simpliciter and not stigmatic - Neither Sec. 18 of the Act of 1989 nor Rule 39(2) of the Rules of 1993 is applicable - It was fit case for grant of approval under Rule 30(b) of the Rules of 1993 - The approving authority cannot act as an appellate authority while considering the action taken by the Management. Shri Agarwal Kanya Pathshala Samiti, Madanganj & Anr. Vs. Gopal 31, Confirmation,- A person placed on probation under Rule 30 shall be confirmed in his appointment at the end of probation period. faico 27.12.1999 (4fRYa : 91)| qfya DHj5 Hqy (ufrya : 122) I 105 Raj. Non-Govt. Educational Institutions Rules, 193 32. Norms of work,- Norms of work of employees ofthe institution shall be as prescribed for similar category of employees in the Govt. educational institutions. o Orgent temporary appointment.- A vacancy in the institution, whick Can not be filled in immnediately by procedure laid down in these rules, mav be mied in by the Selection Committee by urgent temporary appointment for a period not exceeding six mnonths. 34. Pay and allowances,- The scales of pay and allowances of the staff of the aided educational institutions shall not be less than those prescribed by the Government for the staff of similar category in the Government educational institutions. Explanation - "Allowances" mean and include Dearness Allowance. House Rent Allowance and City Compensatory Allowance. DAO :4. 10(12) freT-5/93, fetis 03.01.1998 (afta : 82) 1 Rr.32-34 5/93, feiF 03.12.1997 (ufya: 33) 1 COMMENTS Sec. 29 & Rule 34 - Scale of pay and allowances of employees o aided institutions - Hcld, Scale of pay and allowances of enployees of aided institutions shall have parity with employees of similar category 1n Government institutions. Managing Committee, Gaur Vipra Primary Selection scale - Government circular/order dated 25.01.1992 - Whether the tcachers of non-government educational institutions, wh0 are receiving grant-in-aid arc entitled to selection scale as given to the teachers serving in government educational institutions by virtue of the circular dated 25.01.1992 - Held, the teachers of aided educational institutions must be paid same pay scale and allowances as that of the teachers in. government educational institutions Selection scale is not a promotion to a higher post but a higher pay scale in the same post - Once it is held that aforesaid circular provides pay scale to the teachers of government educational institutions, by virtue of the statutory provisions of Sec. 29 of the Act and Rule 34 of the Rules selection scale is also payable to teachers of non government educational institutions. S. R. Higher Secondary School & Ors. 20.03,1999 (uft9: 75) | 03.07.1999 (ya:77)| fay - yrya HE Class, Jaipur City (East), Jaipur & Ors., 2012(5) WLC (Raj.) 50. : 2002(3) WLC (Raj.) 586 (F.B.), Managing Commtttee, Gandht Shikshan Samitt Vs. Dhanraj Leave encashment - Whethcr the teachers of non-government cdcational institutions receiving aid are entitled for leave encashment bencfits after retirement - Held, by virtue of Scc. 29 of the Act the teachers of non-government educational institutions are entitled for the similar scale of pay and allowances except compensatory allowances - Leave encashment is an allowance and the tcachers of non-government educational institutions would have right to claim this allowance. S. R. Higher Secondary School Definition of 'Salary' - It is an inclusive definition & includes leaveencashment' - The expression 'salary' as defined under section 2(r) of the Act includes leave encashment, which is nothing but salary for unavailed leave lying to the credit of employee - Held, Teachers of aided private educational Institutions are entitled to the benefits of leave encahsment at par with the empoloyees of Government Institutions. State of Rajasthan Vs. Sr. Hr. Sec. School, Lachhmangarh & Ors., AIR 2005 SC 3541: (2005) 10 SOCC Teachers of un-aided Private Schools - Equal pay for equal work - Article 39(d) of the Constitution Respondents running educational institution but not paying emoluments to its teachers and employees equal to similarly situated employees in government educational institutions or aided institutions – Held, similar teachers employed in aided institutions doing thesame- work of teaching were being paid government scales, there is no reason as to why despite the undertaking given at the time of recognition, a private un-aided institution could be made exception to pay its own whims and thattoo an meagre amount of Rs. 900/- to post gradutes having professional decree of B.Ed. or even higher - It amounts to violation of human rights Teachers employed in private institutions have right to live with some honour- Petitioners are entitled to same pay scale as that being paid in educations institutions of State to employees empoloyed in same category. Yashpal Sharma and Ors. Vs The Rajasthan Non-Governmental Institutions 35. Payment of pay and allowance,- (1) The payment of pay and allowances to the employees of the institutions shall be made by A/c payee cheque only, failing which the expenditure made on this account shall not be admitted for grant-in-aid. (2) The payment of pay and allowances shall be made before the expiry of the 15th day of the next month or such earlier day as the State Government may direct, by general or special order. 36. Procedure for Enquiry and appeal under section 32 of the Act.- The following procedure shall be adopted for enquiry and appeal as contemplated under section 32 of the Act in relation to recoveries of amounts due irom aided institutions : (1) Enquiry - Whenever it comes to or brought to the notice of the enquiry oficer as specified in sub-section (2) of section 32 of the Act that any salary or other dues payable to an employee, have not been paid by the management of an aided institution, the enquiry officer shall inspect the entire relevant records of the institution, the enquiry officer shall inspect the entire relevant records of the institution. The Secretary of the institution and the employee shall be given reasonable opportunities of being heard and to adduce evidence oral or documentary, if any. After having completed the enquiry, in the manner aforesaid, if the enquiry officer is satisfied about the corrctness of the allegations, he shall pass an order under sub-section (1) of Section 32 of the Act. (2) Appeal - If the managing Committee of the institution is aggrieved from the order made by the enquiry officer, it may prefer an appeal under sub-section (3) of section 32 of the Act to such officer as may be empowered by the Director of Education in this behalf within thirty das of the date of receipt of such order. On receipt of an appeal, the officer hearing the appeal shall promptly call the relevant records form the enquiry officer and after examination of such records and giving an opportunity of being heard to the appellant and the employee confirm, modify or reverse the order appeared against and his decision thereon shall be final. The said decision shall forthwith be communicated to the. appellant and employee. 37. Vacation Salary.- An employee, temporarily appointed as teacher in a Non-Govt. school or college on or before 31st December against the lear Vacancy after following the prescribed procedure, may be allowed vacancy salary, provided no other employee draws vacation salary against the same post and provided further that such an employee joins his duties within a period of one month from the date of opening of next session and remains in service upto 31st December of that session. 38. Suspension.- (1)The managing Committee may place an employee under Suspension - (a) Where a disciplinary proceeding against him is contemplated or is pending, or (b) Where a case against him in respect of any criminal office isunder investigation or trial. (2) An employee who is detained in custody, whether on a criminalcharge or otherwise, for a period exceeding forty eight hours shall be deemedto have been suspended with effect from the date of detention by an order of-the managing committee and shall remain under suspension 'until furtherorders. (3) Where a penalty of removal or dismissal from service imposed uponan employee is set aside in appeal, the orders of his suspension shall bedeemed to have been continued in force on and from the date of original orderof removal or dismissal and shall remain in force until further orders. (4) An order of suspension made or deeined to have been made underthis rule may at nay time be revoked by the managing committee. (5) An employee under suspension shall be entitled to the followingpayments, namely: (a) Subsistencc allowance at an amount equal to leave salary which the employce would have drawn if he had been on leave on half pay and in addition dearncss allowance based on such leave salary; (b) If the period of suspension exceeds six months, the amount of suitable amount subsistence allowance shall be increased by not exCceding 50 percent of the subsistence allowance admissible during the period of first six months, the rate of dearness allowance will be based on the increased amount of subsistence allowance; (c) Any other comnpensatory allowance admissible from time to tme on the basis of pay which the employee was in receipt on the date of suspension subject to fulfillments of other conditions laid down for the withdrawal of such allowances; (a) No payment of substances allowance shall be made unless the employee furnishes a certificate that he is not engaged in any other employment, business, profession or vocation. 4, fay - yfya HjH :4. 19(9) frIT-5/93, fe-iF 23.09.1999 (RYA : 86) | Institutions Rules, 1993 R. 39 39. Removal or Dismissal from Service.- (1) The services oÌ an employee appointed temporarily for six months, may be terminated by the management at any timne after giving at lcast onc month's notice or one month's salary in lieu thereof. Temporary employee, who wishes to resign shall also give atleast one month's notice in advance or in lieu thereof deposit or surrender one month's salary to the managemernt. (2) An employee, other than the employee referred to in sub-rule (1), may be removed or dismissed from service on the grounds of insubordination, Inetficiency, neglect of duty, misconduct or any other grounds which makes the employee unsuitable for further retention in service. But the following procedure shall be adopted for the removal or dismissal of an employee ; (a) A preliminary enquiry shall be held on the allegations coming into or brought to the notice of the management against the employee; (b) On the basis of the findings of the preliminary enquiy report, a charge sheet alongwith statement of allegations shall be issued to the employee and he shall be asked to submit his reply within areasonable time; (c) After having pursued the preliminary enquiry report and thereply submitted by the employee, if any, if the managingcommittee is of the opinion that a detailed enquiry is requiredto be conducted, a three member committee shall beconstituted by it in which a nominee of the Director ofEducation shall also be included; (d) During the enquiry by such enquiry committee the employeeshall be given a reasonable opportunity of being heard and todefend himself by means of written statement as well as byleading evidence, if any; (e) The enquiry committee, after completion of the detailed enquiry,shall submit its report to the management committee; (9) If the managing committee, having regard to the findings of theenquiry committee on the charges, is of the opinión that theemployee should be removed or dismissed from service, itshall (i) furnish to the employee a copy of the report of the enquiry committee, (i) give him a notice stating the penalty of removal or dismissal and call upon him to submit within a specified time such representation as he may wish to make on the proposed penalty; (g) In every case, the records of the enquiry together with a copy oi notice given under sub-clause (0 (ii) above and the representation made in response to such notice if any, shall be forwarded by the managing commnittee to the Director of Education or an officer by authorised him in this behalf, for approval; (h) On receipt of the approval as mentioned in sub-clause (g) above, the managing committee may issue appropriate order of removal or dismissal as the case may be and forward a copy of such order to the employee concerned and also to the Director of Education or the officer authorised by him in this behalf : apply Provided that the provisions of this rule shall not () to an employee who is removed or dismissed on the ground of conduct which led to his conviction on a criminal charge, or (iü) where it is not practicable or expedient to give that employee an opportunity of showing cause, the consent of the Director of Education has been obtained in writing before the action is taken, or (i) where the managing committee is of unanimous opinion that, the services of an employee can nt be continued without prejudice to the interest of the institution, the services of such employee are terminated after giving him six months notice or salary in lieu thereof and the consent of the Director of Education is obtained in writing. 4. 17(52) fTET-5/91, fei 13.11.1997 (urya: 28) | 03.08.1999 (urya: 82) | COMMENTS Appointment for fixed period not proved-Services of teacher terminated-Non-compliance of the Rules-Appointment was for fixed term, not proved Termination of services rightly held illegal by the Tribunal and order of reinstating the respondent teacher is justified-Petition dismissed. Shri Sanatan Dharm Balika Sr. Sec. School, Srigangangar Vs. Raj. Non Govt. Educational Inst., Tribunal & Ors., 2009 WLC (Raj.) UC 219 Departmental enquiry against the teacher of unaided educational institution,- Single Judge admitted the writ but not granted stay - Special appeal - Charges are not of serious nature and order of dismissal is not proper - Held, No illegality in the order. Management Committee, Shri Mahaveer Digamber Jain Balika Sr. Secondary School, Jaipur && Anr. Removal from service on the ground of misconduct -Tribunal set aside the order for non-supplying the copy of the statements of departmental witnesses - Respondent deprived from effective cross-examination - No grave charges- Held, Order of Tribunal is upheld. Jain Shiksha Samiti Vs. Hem (ufya: 14) | 40. Appal,- (1) If the managing committee is aggrieved the order of refusal made by the Director of Education under sub-rule (2) of Rule 39, it may prefer 115 Raj. Non-Govt. Educational Institutions Rules, 1993 an appcal to the State Government within 90 days of the date of receint o such order. (2) An cmployce aggricved from an order of the managing Committee made under sub-rule (2) of Rule 39 may prefer an appeal to the State Government within 90 days of the date of receipt of such order. Rr.41-43 41.Re-Installment.- When an emnployee who has been removed, dismissed or suspended is remitted and the period of suspension is treated as a period spent on duty and the managing committee holds that the employee has been fuly exonerated or in the case of suspension that is was wholly unjustified, the employee shall be given the full pay and dearness allowance to which he would have been entitled had he not been removed, dismissed or suspended, as the case may be. 41. yI4T 42. Implementation of Orders in Appeal,- If the managing Committee neglects or fails to make payment to the employee which has become due in view of the orders passed in appeal, the Director of Education shall be empowered to deduct such amount from the grant-in-aid payable to the institution and disburse the same to the employee concerned. Such paymnent to the employee shall be regarded to be a payment made to the institution as grant-in-aid under these rules. 43. Private Tuition.- The rules regulating the private tuition by the employees shall be the same as those applicable to the employees of the Govt. educational institutions. AA, Service Book.- (1) A service book and leave account shall be maintained appointment. A duplicate copy of service book shall also be made available toby the Secretary of.the Institution for each employee from the date of the employee concerned on demand. (2) The service book shall be kept in the custody of the Secretary of the Institution. The original service book shall only be authentic document, butm he event of non availability of original service book, assistance for thepurpose of pay fixation etc. may be taken from the duplicate version of the ervice book in the possessions of the employee, provided the entries in it are attested by the Secretary of the Institution, Every step in employee's official Hte must be recorded in his service book and each entry must be attested Dy the Secretary of Institution. The date of birth in the service book or service rOll shall invariably be recorded both in figures and words. The date or confirmation of an employee shall also be record. A note of educational qualifications attained by an employees subsequent to his entry in his service may be recorded in the service book. The Secretary of the Institution shall show the service book to the employee concerned once in a year and obtained his signatures in token thereof. '45. The age of Superannuation. - .2[i) The age of superannuation of teachers and other employees shall be the last date of the month in which they attain the age of 60 years. In special circumstances, the Government may waive this condition and allow extension in service for a period not exceeding 2 years for such college teachers, who are engaged in post-graduate teaching or research work. Any other employee of the Institution may also be allowed extension in service upto the age of 62 years by the State Government.] (ii) The teachers who attain the age of superannuation after 31st December, may be allowed extension by the Government upto the end of the academic session or 30th June whichever is earlier. 1. Substituted by Notfn. No. F. 10(12) Edu. 5/93/Pt. I, dated 26.03.1999. 2. Substituted by Notfn. No. F. 12(1) Edu. 5/93, dated 30.06.2004. 117 Raj. Norn-Govt. Educational Institutions Rules, 1993 (iii) The superannuation age of the class IV employees shall be 60 years and they may also be allowed extension for 2 years by the State Government. (iv) The political sufferers, who happen towork in an aided institution. as Secretary and in capacities other than teaching staff, may also be allowed extension upto the age of 65 years, provided they are physically fit as per certificate of the Principal Medical Officer or Chief Medical Officer of the district and produce a certificate from the Government in General Administration Deptt. of their being political sufferers. (V) A retired government servant shall not be employed by any educational institution in anycapacity. (vi) The cases for extension- of service shall be submitted to Government by the institution along with the following documents - (a) Application of.theemployee as specified in Appendix- XII; R.45 (b) Medical certificate of a Government medical officer in the prescribed form; (c) A copy of the resolution passed by the management; (d) A statement showing examination results of his pupils atleast of last three years in the case of teachers; (e) Certificate of satisfactory service rendered by the employee; () Certificate regarding other outstanding achievement of the employees, if any. (vii) Such applications should be submitted directly to the State Government atleast three months prior to the date of retirement of. the employee concerned failing which they will not be considered. (vii)The institutions shall be allowed to receive the usual grant-in-aid in respect of the expenditure incurred for such sanctioned period of extension: Provided that the employees other than Class-IV who have crossed the age of 58 years shall also be retired on 31.03.1999 unless the extension of services granted to them by the competent authority.] fais 07.07.1999 (4fRYa: 78) | COMMENTS Non-applicability of the rule-Age of retirement in aided schools Petitioners are the teachers-Age of retirement in aided school is 60 years and not 58 years-Rule does not apply to cases of teachers in unaided school. Chandra Lekha & Anr. Vs. State of Rajasthan & Ors., 2010(1) WLC (Raj.) 119 Raj. Non-Govt. Educational Institutions Rules, 1993 Contractual appointment governed by the agreementAge of retirementTribunal held that as per contract retiremen