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THE MARA AUTONOMOUS DISTRICT COUNCIL
(ESTABLISHMENT AND MANAGEMENT OF PRIMARY SCHOOLS)
BILL, 2014
A
Bill
to provide for establishment and management of primary schools within Mara Autonomous District.
WHEREAS it is expedient to provide for the regulations of establishment and management of Primary Schools in the Mara Autonomous District.
AND WHEREAS the powers conferred by sub- paragraph (1) of Paragraph 6 of the Sixth Schedule to the Constitution of India, the Mara Autonomous District Council is empowered to make Regulations for establishment and management of Primary Schools within the Mara Autonomous District.
NOW, THEREFORE, in exercise of the said powers and other powers enabling it in that behalf, the Mara Autonomous District Council, with the previous approval of the Governor, is pleased to make the following regulations in the Sixty–fifth Year of the Republic of India as follows:–
Short title 1. (1) These Regulations may be called the Mara
extent and Autonomous District Council (Establishment and commencement. Management of Primary Schools) Regulations,
2014.
(2) They shall extend to the whole of the Mara Autonomous District.
(3) They shall come into force on the date of their publication in the Mizoram Gazette.
Definitions. 2. In these Regulations unless the context otherwise
requires:–
(i) “Authority Officer” means and includes an Officer duly authorised by the Executive Committee in writing to deal with any of the provisions of these Regulations.
(ii) “Board” for the purpose of these Regulations shall mean the Board of School Education constituted by the Mara Autonomous District Council.
(iii) “Child” shall mean a child of male or female of the age of six to fourteen years.
(iv) “Children” means and includes children of male or female from the age group of six to fourteen years.
(v) “Concerned Authority” means the Executive Committee or Executive Member in–charge of Education of the Mara Autonomous District Council, as the case may be.
(vi) “Concerned Department” for the purpose of these Regulations shall mean the Education Department of the Mara Autonomous District Council.
(vii) “District Council” means the Mara Autonomous District Council.
(viii) “Education Officer” for these Regulations means and includes the Senior Education Officer and such other Education Officers or any Officers of the Education Department of the Mara Autonomous District Council as designated from time to time by the Executive Committee to deal with any of the provisions of these Regulations.
(ix) “Executive Committee” means the Executive
Committee of the Mara Autonomous District Council.
(x) “Local Authority” for the purpose of these Regulations shall mean Village Council of the concerned locality constituted under the provisions of the Mara Autonomous District (Village Councils) Act, 1972 as amended for time to time.
(xi) “Prescribed” means prescribed by these Regulations or rules, if any, made under these Regulations.
(xii) “Primary School” shall mean and include both upper and lower Primary Schools or a school of Elementary stage, as the case may be.
(xiii) “School” means Primary School established in accordance with the provisions of these Regulations.
(xiv) “Teacher” for the purpose of these Regulations means Teacher appointed on fix or regular or otherwise by the Executive Committee of the Mara Autonomous District Council in any Primary School.
Schools to which 3. (1) These Regulation shall apply to all the primary these Regulations schools or schools imparting education to the apply. level of elementary stage including recognized
and unrecognized primary schools established
within the Mara Autonomous District.
(2) Notwithstanding anything contained in sub–section (1) of this section, the Executive Committee may, by Official Notification or by Special Order exempt certain primary schools form application of these Regulations, provided that there existed sufficient and reasonable ground for such purpose.
Application of 4. (1) Any person, group of persons, registered society,
permission for etc. intending and willing to establish primary establishment of school within the Mara Autonomous District may Primary School. apply for permission of the same to the Executive
Committee.
(2) The primary school, if any, which has not obtained permission should apply to the Executive Committee for the same within a period of three months from the commencement of these Regulations.
(3) Every application under this section should be made in such form and may contain such particulars as may be prescribed in Appendix – A.
Grant of 5. (1) On receipt of an application for permission under permission and section 4, the Executive Committee may or may recognition of school. not grant permission, taking the following
grounds into consideration:–
(a) the place or locality where the applicant (s) intend (s) to establish school;
(b) the experience and expertise of the applicant (s);
(c) the population of the place or locality where the applicant (s) intend (s) to establish school;
(d) the location and site of the building, if any, to used for the purpose of establishment of school, etc.
(2) Every permission granted under this section shall be on payment of such fees, as may be fixed by the Executive Committee from time to time and may contain such terms and conditions as may deem necessary by the Executive Committee as shown in Appendix – B.
(3) Any primary school established with and under the permission of the Executive Committee shall be deemed to be duly recognised school.
Explanation: All terms and conditions incorporated to these Regulations shall be treated as parts of these Regulations and shall have the force of law.
Revocation of 6. (1) The Executive Committee may, on its own motion permission. or on any reference made to it by any person (s)
in writing, revoke permission already granted
under section 5, where:–
(a) permission has been obtained by misrepresentation of material and essential facts or;
(b) the holder of permission has without reasonable cause, failed to comply with the terms and conditions subject to which the permission has been granted;
(c) the holder of permission has contravened any of the provisions of these Regulations or any other law in force in the Mara Autonomous District.
Control, regulations 7. (1) No primary school shall be established within
and restriction on Mara Autonomous District except under a primary school. permission issued in that behalf by the Executive
Committee as per the provisions of these
Regulations or Rules, if any, thereby made.
(2) The Executive Committee may, by public notification or special order, impose certain regulations, control and restriction on primary schools established within the Mara Autonomous District for the purpose of carrying out any of the provision of these Regulations:
Provided that the Executive Committee may also be competent under this section, to prescribe and fix medium of instruction by public notification or by special order, for all primary schools aided, assisted and financed by the Mara Autonomous District Council.
(3) Subject to the provisions set–forth in other sections of these Regulations and any other law in force in the Mara Autonomous District such regulations, control and restriction may provide for all or any of the following matters:–
(a) the fixation, limitation and prescription of building construction, storeys of building, etc. to be used for the purpose of primary school on the basis of site and location of such building.
(b) the requirement and prescription of space of campus to be spared by primary school so as to ensure healthy environment and surroundings for the pupils in particulars and the school at large.
(c) the prescription, specification and requirement of the nature and style of building mainly to ensure desirable system of drainage and disposal of wastes and sewages, etc.
(d) the inspection and verification of the process, procedure and progress of any school.
Special powers 8. (1) The Executive Committee shall be competent to
of the Executive exercise special powers and control on and over Committee and teachers and non–teaching staffs of primary procedure thereof. schools with respects to their appointment,
promotion, degradation, transfer, termination,
suspension, retirement, leave, allowances and
dismissal, etc.
(2) In particular and without prejudice to the general public, the power and control as provided under sub–section (1) of this section shall be carefully and prudently exercised in the following manner:-
(a) in case of appointment of teachers in primary schools maintained, funded and aided by the District Council, the same should be made in a regular and fair manner and ensure that only qualified persons are appointed to the posts.
(b) subject to the provision in this section, appointment to the post of teachers should be made through pc advertisement and filling up of the post must be in order of merit from amongst the eligible candidates for the post:
Provided that trained teachers, if any, amongst the candidates, shall be given priority in compliance with any other law, rules and regulation in this behalf.
(c) the applicant for the post of vacant teacher in any primary school should be a person who had duly passed Class 12th standard with at least 45% of pass percentage, for lower Primary School and Bachelor degree holder with 45% of pass percentage, for upper Primary School:
Provided that the teachers already in service, as regular teachers shall be presumed to have duly qualified under these Regulations.
(e) in the event of selection between two persons of equal rank in all aspects, priority should be given to a person older in age.
(3) The Executive Committee shall also be competent
to promote a teacher to the higher grade on the
basis of merit–cum–seniority.
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