GOVERNMENT OF GOA, DAMAN & DIU Education Department Notification 7/4/85/EDN (Rules) Whereas the draft of certain rules which the Government of Goa, Daman and Diu proposes to make in exercise of the powers conferred by section 29 of the Goa, Daman and Diu School Education Act, 1984 (Act 15 of 1985) was published as required by sub-section (1) of that section at pages 117 to 162 of the Official Gazette, Series I, No.
7, dated 19-5-1986 under Notification No. DE/Acad. I/CEZ/T/104 Education Bill/84/11/792 dated 3-4-1986 of the Education Department, Directorate of Education Government of Goa, Daman and Diu inviting objections and suggestions from all persons likely to be affected thereby till thirty days from the date of publication of the said Notification in the Official Gazette;
And whereas the said Gazette was made available to the public on 19-5-1986 ;
And whereas the objections and suggestions received from the public on the said draft have been considered by the Government.
Now, therefore, in exercise of the powers conferred by section 29 of the Goa, Daman and Diu Education Act, 1984 (Act 15 of 1985) the Administrator of Goa, Daman and Diu makes the following rules namely:-
CHAPTER I Preliminary
1. Short title and commencement. - (1) These rules may be called the Goa, Daman and Diu School Education Rules, 1986.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. - (1) In these rules, unless the context otherwise requires.
(a) "Act" means the Goa, Daman and Diu School Education Act, 1985 (15 of 1985);
(b) "The Asstt. Dist. Educational Inspector (A.D.E.I.)" means an officer of the Education Department working at the Taluka level in charge of the Taluka or part thereof;
(c) "Affiliated Board" means the concerned Board referred to in clause (1) of Section 8 of the Act;
(d) "Form" means a form annexed, to these rules;
(e) "Higher Secondary Stage" means a stage of school education, above class X;
(f) "Middle Stage" means a stage of school education from classes V -VII (both inclusive);
(g) "Primary Stage" means a stage of school Education from classes I-IV (both., inclusive);
(h) "Section" means a Section of the Act;
(i) "Secondary Stage" means stage of school education having VIII-X classes or V - X classes as the case may be (both inclusive);
( j) "School" includes, a pre-primary, primary, middle, secondary, higher secondary, night secondary schools and primary teachers training institutions, depending upon the context;
(k) "Trained Teacher" means a teacher who has secured a professional diploma or a degree in teaching as prescribed by the Government and recognised by the Department which qualifies him for a teaching post in a school;
(l) "Zonal Education Officer" means Dy. Education Officer or any other education officer, in charge of a Zone or a District;
(m) "Zone" means the Educational region or an Educational District comprising the areas in Goa, Daman and Diu, specified by the Director of Education in this behalf, for the purposes of organisation, supervision, inspection and control of schools located therein;
(2) Words and Expressions used but not defined in these rules shall have the same meaning respectively assigned to them in the Act.
CHAPTER II Regulation of Education
3. Zones/Districts. - (1) The Territory of Goa, Daman and Diu shall be divided by the Director of Education into Educational Divisions to be called "Zones" for the purpose of regulation of education therein.
(2) In case of Goa, the Zones shall be further sub-divided into Educational Talukas.
(3) The Zones and the Educational Talukas existing in the Union Territory of Goa, Daman and Diu at the commencement of these rules shall be deemed to have been formed under Sub-rule (1) and (2) above.
(4) The '["Government"] may, if he is of the opinion that for the better regulation of education in the Union Territory of Goa, Daman and Diu, it is necessary so to do, alter the limits, or the number of Zones and Educational Talukas, whether in existence at the commencement of these rules or formed thereafter.
4. Classification of schools. - (1) The Schools in the Union Territory of Goa, Daman and Diu shall be classified by the Director of Education into any of the following categories, namely;
(a) (i) Pre-Primary schools, i.e. schools imparting education below the primary stage;
(ii) Primary schools, i.e. schools imparting primary stage of education, whether or not in addition to any education below the primary stage;
(iii) Middle schools, i.e. schools imparting middle stage of education, whether or not in addition to any education below the middle stage;
(iv) Secondary schools, i.e. schools imparting secondary stage of education, whether or not in addition to any stage of education below the secondary stage;
(v)Higher Secondary Schools, i.e. to say, schools imparting higher secondary stage of education, whether or not in addition to any stage of education below the Higher Secondary stage; and including Technical High Schools;
1 This word is substituted and shall be deemed to be substituted, wherever it occurs for the word "Administrator", by Amendment Rules, 1994 (0. G. Series I No. 28 dated 14-10-1994).
(vi) Teachers' Training College/Institute, i.e. to say, training institutions imparting training in education to the teacher trainees of Pre-primary, primary and middle stage.
Whether any such school is run by:
(A) A Society registered under the Societies Registration Act, 1860 with aid or without aid from the Education Department or any local authority, or (B) Any individual, group of individuals or a trust without aid from the Education Department or any local authority, or (C) Any local authority or the Administrator.
(b) Government Teachers' Training Institute/ Colleges (for Primary or middle School teachers);
(c) Government Industrial Schools/Technical Schools;
(d) Government Social Education and Community Centre in rural areas;
(e) Institutions which prepare candidates for such examinations in Sanskrit, Hindi, Konkani, Marathi, Portuguese, Arabic, Persian, as are recognised by the Central Government or which prepare candidates for examinations in such other languages as may be recognised by the Central Government;
(f) Government schools or Aided private schools for fine art, music, crafts or physical culture.
(2) Where the Administrator is of the opinion that as a result of -
(a) The change in the policy of Government with regard to school education, or;
(b) A school, falling in one category , ceasing to fall in that category or the acquisition by a school of a status justifying its re-classification to a higher or lower category, it is necessary so to do, he may re-classify such school into such category as he may think fit.
5. Free Education. -- (1) The Administrator shall make suitable arrangement for imparting free school education for all children upto the age of 14 years;
(2) Save as otherwise provided in rule 144 no school maintained or aided by Government or any local authority shall levy any fee or other charges in relation to the education of the children studying upto 2["XII"] class.
6. Medium of instructions at the primary stage. - Teaching in a school at the primary stage shall as far as practicable, be in the mother tongue of the child, unless the parents or guardian of the child request otherwise in writing:
Provided that where the medium of instruction in a school is different from the mother tongue of the child, arrangements shall be made as far as practicable by the Director of Education for the education of that child through his mother tongue, if the parent/guardian so desires:
Provided further that in the case of existing primary school in which education is imparted through the medium of any language, other than the mother tongue of the child, education may continue to be imparted in that school through the medium of such other language.
(2) The Director of Education may direct any existing recognised primary school to make as far as practicable arrangements for imparting education in the mother tongue of the children in the same school.
_______________________________________________________________ 2These figures have been substituted for the figure and letters "Xth" by (Amendment) Rules, 1994 (0. G. Series No. 28 dated 14-10-1994).
(3) The mother tongue of the child shall be the language declared as such, in writing by the parent or the guardian at the time of admission of the child in the school.
(4) Konkani/Marathi shall be introduced as a subject of study in an English medium primary school not later than class III of the primary stage, in case of Goa district and Gujarati shall likewise be introduced in the English medium schools in Daman and Diu districts.
(5) Director of Education and the managements of the recognised primary schools shall as far as practicable, provide adequate facilities for teaching through the mother tongue at the primary stage of education of children belonging to any linguistic minority.
7. Medium of instruction for children studying in the middle stage. - For children studying in the middle stage the Director shall, as far as practicable, make suitable arrangements for imparting education through the mother tongue of such children, and for this purpose, may open or cause to be opened new sections or classes in any school in which education may be imparted to such children in their mother tongue, or where opening of new sections or classes in any school is not feasible, open or cause to be opened one or more new schools, so that arrangements may be made for teaching through the mother tongue of such children:
Provided that in the case of an existing middle school in which education is imparted through the, medium of any language other than the mother tongue of the children, the education may continue to be imparted in that school through the medium of such other language.
8. Medium of instruction at the secondary s t ag e . (1) Mother tongue of the students/English shall be the medium of instruction at the secondary stage:
Provided that in the case of a secondary school in which education is imparted through the medium of any language other than the mother tongue, education may continue to be imparted in such class through the medium of such other language:
Provided further that in the case of a secondary class in a school run by linguistic minority, education may be imparted in such class through the medium of the language of that linguistic minority.
(2) Where for any special reason the Director of Education is satisfied that education cannot be imparted in any secondary class of any school through the medium of mother tongue in one or more subjects or any of the subjects he may permit that school to impart education in the said subject or subjects or the medium of any language other than the mother tongue for such period as he may think fit.
(3) Where the Director of Education is satisfied that by reason of the number of students having mother tongue other than Konkani or Marathi or Gujarati, it is necessary so to do, he may open or cause to be opened one or more sections or classes in an existing aided school for imparting education to such children through the medium of their mother tongue and where the opening of such new sections or classes is not feasible he may open or cause to be opened one or more new schools for imparting education to such children through the medium of their mother tongue.
9. Medium of instruction at Higher Secondary Stage. - The mother tongue of the students or English shall be the medium of instruction at the Higher Secondary stage.
However, medium of instruction other than English at Higher Secondary stage shall be decided by the institution in consultation with and with prior approval of the Director of Education and the Secondary and Higher Secondary Board.
10. Three Language formula to be followed. - In the teaching of languages in classes from V -X the three language formula as adopted by the Central Government shall be followed.
11. Right of linguistic minorities to set up schools. - Any linguistic minority which intends to set up schools with the object of imparting education in the mother tongue of such linguistic minority shall be entitled to do so and shall be entitled to receive grant-in-aid if the other conditions with regard to the grant-in-aid are fulfilled by such school:
Provided that if the Director of Education is satisfied that there already exists sufficient number of schools in an area providing for teaching to the concerned minority language, he may not permit the opening of more schools as aided institutions in that area:
Provided further that it shall be open to the management of a school run by linguistic minority to decide that education shall be imparted at the school in their language other than the language of such linguistic minority and in such case, the Director of Education shall not be under any obligation to give grant-in-aid to such schools.
12. Provisions for other facilities. - The Director of Education shall also provide for the following facilities, namely:
a) Adult Education centres;
b) Balkendras;
c) Education of children who have discontinued studies; and d) Literacy centres-cum-Village libraries.
13. Provision for multiple entry in schools. - Save as otherwise provided elsewhere in these rules the Director of Education may make arrangements at any time of the year, for the admission of those students who have discontinued studies,in any class of a recognised school to which he is, on a test, by such school, found to be suitable for admission for whole time studies.
14. Provision for Remedial teaching. - The Director of Education may make or cause to make special provisions for remedial teaching, in respect of the students of aided schools, suffering from remedial deficiencies in studies. This remedial teaching shall be for the benefit of the weaker students and the provision for extra time shall be made for the benefit of these students by the aided schools, without any additional financial burden on the Government and the directives issued in this behalf, by the Director of Education shall be binding on the aided schools and they shall be final.
15. Courses of studies. - (1) The courses of studies for the primary and middle stages and Primary Teachers training Institute shall be such as may be specified by the Director of Education, in consultation with the expert committee to be appointed by him and the text books for such courses of study shall be such as may be prescribed by the Director of Education in consultation with the committee:
Provided these courses of studies and the text books other than those prepared by the State Text Book Bureau shall be placed before the Advisory Board for approval.
(2) The course of study and text books for the secondary (VIII-X) and Higher Secondary (XI and XII) stage shall be such as may be specified or recommended by the Board of Secondary and Higher Secondary Education.
(3) The Administrator may, if he is of the opinion, on scrutiny of any text book specified or recommended by the Director of Education or the Affiliating Board that such text book is prejudicial to the interest of education, prohibit the use of such book as a text book in any school, primary, middle, secondary, Higher Secondary or Primary Teachers Training Institute.
16. Matters to be provided for in the syllabi and courses of study. -The Director of Education or, as the case may be, the Affiliating Board shall, while specifying the syllabi and courses of study for the primary and middle stage or secondary and Higher Secondary stage, or Primary Teachers' Training Institute, pay special attention to the inculcation of national and moral values, including the sovereignty and integrity of India, secularism, humanism, faith in the dignity and equality of every human being, dignity of labour, avoidance of discrimination on grounds of religion, race, caste, sex, or place of birth/region or any of them and in particular, avoidance of the practice of untouchability, and shall also include therein health education, including personal and environmental hygiene, population education, social forestry, and awareness of the effect of drugs and intoxicant on human life.
17. Powers of Director of Education to specify co-curricular and extracurricular activities.- The Director of Education may in consultation with an expert committee appointed by him, provide for co-curricular and extra-curricular activities in recognised schools.
18. Power of Director of Education to specify courses of study for informal education. - The Director may, in consultation with an expert committee appointed by him, specify the courses of study for imparting informal education to persons who are unable to attend any recognised school for obtaining formal education.
19. Physical Education etc. - (1) In every school, a suitable provision shall be made for social services, physical, cultural and recreational activities.
(2) The head of school shall organise a general system of school games, so as to provide opportunities for participation by all students and shall provide the students with the equipment needed for such games.
20. School Hours. - (1) The Director of Education may, by order, specify the time at which all schools, other than unaided recognised private Schools shall commence and conclude the daily school hours and different timings may be specified for different seasons of the year or for schools running in one shift or multiple shifts:
Provided that a teacher shall not ordinarily get more than 21 hours of workload, including non-academic subjects (18 hours excluding non-academic subjects) per week, and the teacher may be required to devote not more than 200 hours in a year for remedial teaching, supervised studies etc in addition to the actual weekly teaching work load of 21 hours, as per the programme given by the Head of the school.
(2) The unaided recognised schools may specify their own timings, but in any case the total number of school hours per day and total number of working days in a year shall not be less than prescribed at (1) above;
Provided that in addition to the prescribed working hours a teacher may be required to devote not more than 200 hours in a year for remedial teaching, supervised studies, etc.
21. 3["School terms, vacation and Holidays]. - (1) The total number of working days including examination days for the schools including Higher Secondary schools shall not be less than 220 days in a year 4[to be arranged in two school terms the duration of which shall be as specified by the Director of Education".]
(2) Subject to the provision of sub-rule (1), the following shall be the authorised holidays for the recognised schools namely:
(i) All holidays notified by the 5["Government"] ___________________________________________________________________ 3These words have been substituted for the words "Vacation and Holidays" by (Amendment) Rules, 1994 (0. G. Series I No. 28 dated 14-10-1994).
' This expresion inserted Ibid.
'The word "Administrator "substituted by the word "Government", Ibid.
(ii) Discretionary holidays not exceeding 10 days in a year with the previous approval of the Director of Education or an Officer so authorised by him.
(iii) The first term shall ordinarily be from 5th June to 11th October, and a three week's break generally from about 16th October to 6th November, but to be shifted when necessary, to fit in with the Diwali festival;
Provided that the Director of Education may declare a mid-term break of not more than one week for the Ganesh festival but however the loss of actual workings days, on account of this mid-term break shall be made good by cutting the discretionary holidays proportionately.
6"(iv) A mid-term break from 24th December to 2nd January."] '["(v) Summer vacation at the end of the second term for such a period of six weeks as may be specified by the Director of Education."] 8[...]
6 Clause (iv) has been substituted by (Amendment) Rules 1994 (0. G. Series 1No. 28 dated 14-10-1994. The original clause (iv) reads thus:
(iv) The second term shall ordinarily commence from 3rd November to 22nd April with a second mid-term break from 24th December to 2nd January.
7Clause (v) substituted, Ibid. The original clause (v) is as follows:
(v) Summer vacation shall ordinarily start from 28th April to 4th June and the annual examination shall begin about 4th April and the results shall be declared in the schools before the close of the schools for the summer vacation:"
"Proviso to clause (v) deleted, Ibid. The same reads as follows:
Provided that the dates given above are tentative only, and in practice the school shall re-open for the new academic year, around 6th June, the actual date in any year being fixed, so as to coincide with the Monday nearest to the 5th June and the last working day of the preceding academic year shall be so fixed, that a vacation of six weeks is available up to the re-opening date in the following year.
(3) In addition to the holidays referred to in sub-rule (2) leave may be granted to the student only, preparing for the public examinations of the Affiliating Board for such period as may be specified by that Board
Provided that preparatory leave shall be given to the students only, when the head of school is satisfied that the courses of study have been completed at the school.
22. School hours and number of working days not to apply to informal Education. - School hours specified in rule 20 and 21 and the number of working days specified in rule 21 shall not apply in the case of informal, or out of school or adult education.
23. Discipline, punishment etc. - (1) The observance of rules of discipline and good behaviour shall be a condition essential to a student's continuance in a school.
(2) In case of breach of discipline by a student below the age of 14 years, if the Director is satisfied that continuance of such a student in the school in which he is studying, is likely to be detrimental to the general tenor or discipline of the school, he may send such a student to such special school as he may think fit.
24. Striking off the name from the rolls. - (1) The name of a student may be struck off the rolls by the head of the school on account of
(a) Non-payment of fees and other dues wherever applicable, for 90 days, after the last day for payment:
Provided that nothing in this rule shall apply, in case of students of class 9["XII"] and below studying in Government or aided schools, or in schools run or aided by the appropriate authority. 10[….]
______________________________________________________________________ 9These figures have been substituted for the figure "X" by (Amendment) Rules, 1994 (0. G. Series I No. 28 dated 14-10-1994).
10 The words "except where such students have attained the age of 10 years" have been omitted, Ibid.
(b) Continued absence without leave for 30 consecutive days by a student who has attained the age of 14 years on the re-opening day of the scholastic year.
(2) In the case of absence of any student who has not attained the age of 14 years, from a school without leave for 15 consecutive days, the head of school shall intimate such absence to the parent or guardian of such student.
(3) Notwithstanding anything contained in sub-rule (1) no student's name shall be struck off the rolls, except after giving the parent or guardian of such student a reasonable opportunity of showing cause against the proposed action.
25. Forbidden practices. - (1) No student shall indulge in any of the following practices namely:
(a) spitting in or near the school building, except where the spitting is made in any spitton provided by the school,
(b) disfiguring or otherwise damaging any school property,
(c) smoking,
(d) any form of gambling,
(e) use of drugs, liquor or intoxicant, except on prescription by a registered medical practitioner,
(f) rowdyism and rude behaviour,
(g) use of violence in any form,
(h) casteism, communalism or practice of untouchability.
(i) ragging.
(j) pupils who are found to have secured, admission or attempted to secure admissions by means of false or forged leaving certificates or by false representations of any kind;
(k) pupils in whose case it has been found that the entries in the leaving certificates have been tampered with;
(1) pupils who have been found to be guilty of fraud or malpractices in connection with any public/school examination; and
(m) pupils who are found guilty of gross misconduct;
(2) The Administrator may, on the advice of the Advisory Board, amend or add to the form of practices forbidden under sub-rule (1).
(3) If any student who has not attained the age of 14 years, indulges in any of the practices referred to in sub-rule (1) the Director may shift him to such a special school as he may think fit.
26. Forms of disciplinary measures. - (1) The following shall be the disciplinary measures which may be adopted by a school in dealing with -
(a) in case of defaulting students, detention during the break, for neglect of class work, but no detention shall be made after the school hours but however there shall not be any corporal punishment.
(b) in case of students who have attained the age of 14 years -
(i) expulsion,
(ii) rustication.
(2) For the avoidance of doubts, it is hereby declared that the disciplinary measures specified in clause (b) of sub-rule (1) shall not be imposed on any student who has not attained the age of 14 years; and without holding an enquiry and giving an opportunity to the pupil/his guardian to defend against the charges;
(3) Expulsion shall debar a student from being re-admitted to the school from where he is expelled, but shall not preclude his admission with the previous sanction of the Director to any other school,.
(4) Where a student is rusticated, he shall not be admitted to any school till expiry of the period of rustication.
(5) No student shall be expelled or rusticated from a school except after giving the parent or guardian of the student a reasonable opportunity of showing cause against the proposed action, and without prior approval of the Director.
6) Expulsion or rustication shall be resorted to only in cases of gross offences where the retention of the student in the school is likely-to endanger its moral tone of discipline.
(7) Except in case of any expulsion or rustication from an unaided minority school, the punishments of expulsion and rustication shall not be imposed, without prior approval of the Director.
27. Registers and records. - (1) Every school shall maintain and produce at the time of inspection or visit the following records and registers, and such other records and registers prescribed by Director of Education from time to time.
(A) Pertaining to Pupils -
(1) General Register in the, form prescribed;
(2) Attendance Register for all students in the form prescribed;
(3) Leaving Certificates received from other schools;
(4) Counterfoils of Leaving Certificates issued to Pupils;
(5) Records of pupils attainments and/or examination results;
(6) Records of health and medical examination of pupils;
(7) Answer-books of the annual examination of the preceding year;
(B) Pertaining to Staff;
(1) Service Books of school employees as prescribed by the Government to Government servants;
(2) Register of attendance and leave to employees;
(3) Discharge certificates received from teachers employed in the school;
(4) Headmaster's log books (observations, supervision notes, suggestions to teachers, etc.). The remarks made in the log book about the employees should be shown to the employees concerned and their signatures obtained in token of their having seen the same;
(5) Annual confidential report files on teachers including Headmaster;
(6) Annual confidential report files, on non-teaching staff.
(C) Pertaining to School:
(1) Daily cash book;
(2) Ledger showing receipts and expenditure, including separate account for term-fees;
(3) Fees account book;
(4) Provident Fund account register;
(5) Vouchers and T. A. bills;
(6) Register of dead stock articles;
(7) Laboratory and library registers;
(8) Inward and outward registers;
(9) Pay bills of staff.
(2) The Director of Education shall specify what returns and records shall be submitted by a school to the Directorate of Education or to its subordinate office.
(3) Standard forms and registers as applicable to Government Schools shall be used for the recognised schools as well.
28. Examinations assessment, evaluation, promotion etc.-, (1) The Director of Education shall issue detail instructions regarding assessment, evaluation . and promotion of students from one class to another. In cases of classes VIII to XII such instructions shall be issued in consultation with the examination board, wherever necessary.
School examination work viz. paper setting, supervision, assessment, evaluation, tabulation, preparation and filling up of cumulative progress cards, etc., shall be carried out by the teachers as assigned by the Headmaster. Assistance of the office staff wherever necessary shall also be taken by the Headmaster for. the school examination work.
(2) He may also issue instructions for programme learning and informal system of education.
29. School Libraries. - The Director of Education may issue detailed instructions regarding the maintenance and use of school libraries and provide necessary staff to the school, as per norms to be decided by the Director of Education, in consultation with the Advisory Board and with approval of Government from time to time.
30. Power to issue instructions. - The Administrator may, if he is of the opinion that in the interest of school education in the Union territory of Goa, Daman and Diu, it is necessary so to do, issue , such instructions in relation to any matter not covered by these rules as he may think fit,.
CHAPTER III Opening of new schools or classes or closure of existing schools or classes
31. Notice of intention to open a new school. - (1) With a view to enabling the Director of Education to arrange for the planned. development of the school education in the Union territory of Goa, Daman and Diu, every “[...] society or trust, desiring to establish a new school, shall, before establishing such new school give an intimation in writing to the Directorate of Education of 12 [...] their intention to establish such school, at least six clear months before the commencement of the academic year.
(2) The intimation, referred to in sub-rule (1) shall contain the following particulars, namely:
(a) zone/district, the taluka and the village with actual locality in which the new school is proposed to be established and the approximate number of students likely to be admitted in such class of the school.
(b) the stage of education intended to be imparted and the medium of instruction to be adopted in the new school;
"The words "individual, association of individuals" have been omitted by (Amendment) Rules,1994 (0. G. Series I No. 28 dated 14-10-1994).
_________________________________________________________________ 12 The words "his or" have been deleted by (Amendment) Rules, 1994 (0. G.
Series I No. 28 dated 14-10-1994).
(c) the number of schools of the intended stage and medium of instructions in existence in the locality or in its neighborhood with actual distance from the existing schools of the type where the new school is proposed to be established and the population of such locality /village/ /town, as the case may be;
(d) The particulars including measurements of the building or other structure in which the school is proposed to be conducted;
(e) The financial resource from which the expenses for the establishment and running of the school are proposed to be met and whether any application is proposed to be made for any aid; after one year of its existence;
(f) the reserve funds the 13[...] the trust possesses in order to meet the recurring expenses including the salaries of the staff;
(g) the composition of the Managing Committee of the proposed new school;
14[...] in accordance with the scheme of Management made under the Act and the rules framed thereunder;
(h) the 15[...] procedure, 16[...] for the selection of the head of the school and other teachers and non-teaching staff •17[...] and the minimum qualifications prescribed for their recruitment 11 ["as per the Act and the Rules made thereunder"];
______________________________________________________________________ 13 The words "association of individuals" have seen omitted, by (Amendment) Rules, 1994 (0. G. Series I No. 28 sates 14-10-1994.
14 The words "until the new school is recognised and the new Managing Committee is constituted" have been omitted, Ibid.
15,16,17. words ."proposed", "until its recognition under the Act"and "wherever permissible", omitted, Ibid.
18These words have been inserted, Ibid.
(i) the 19[...] scale or pay for the head of the school and other teaching and non-teaching staff, 20]"shall be such as laid down by the Government"];
(j) Any other facility which is proposed to be provided for the students of the proposed new school 21["in addition of those provided in the rules"].
22["(k) The party proposing to open a new school give an undertaking under section 5(1) (g) of the Act."]
(3) The Director of Education may, after considering the particulars specified in the intimation given to him, under subrule (2) and after making such inquiries, as he may think fit, inform the 21 ["party concerned"] by whom the intimation was given to him, whether or not opening of the proposed new school would be, in his opinion, in the public interests. A mere intimation of starting a school/class does not automatically entitle the Management to open a school/class without prior written permission of the Director of Education:
Provided that no new school shall be permitted more than one class at each stage viz., primary, middle, secondary or higher secondary and after recognition no school shall be permitted to add more than one higher class each year at each stage:
Provided further that the Director of Education shall if he is of the opinion that the number of schools existing in the 19The word "proposed" has been omitted by (Amendment) Rules, 1994 (o. G.
Series I No. 28 dated 14-10-1994).
20These words have been substituted for the "words" until the school is recognised under the Act;", Ibid.
21 These words inserted, Ibis.
22 Clause (k) inserted, Ibis.
23These words have been substituted for the words "person or persons," Ibid.
locality or in its neighbourhood, where the new school is proposed to be opened is sufficient to meet the needs of that, locality, inform the person or persons by whom the intimation was given to him that the opening of the new school in such locality would be against the public interest:
Provided also that while permitting new schools the Director of Education shall adopt the norms, viz.,
(i) no primary school of that category shall be permitted within a radius of 1 Km.,
(ii) no middle school of that category, within a radius of 3 Kms., and
(iii) no secondary school of that category within a radius of 5 Kms. from the existing schools, unless the Director of Education is satisfied that the existing school is overcrowded and there is no scope for further expansion, or there is no easy excess to the existing school due to natural barriers like forest area, rivers with running water, or the proposed school is entirely for the benefit of backward class community, scheduled caste or Tribal pupils.
Nothing contained in this 24("proviso"] ' shall apply to unaided minority Schools.
32. Opening of new classes in schools. - No recognised schools, not being an unaided minority school, without giving' full justification, shall open any new class or division other than the ones which have received approval from the appropriate authority, without obtaining prior sanction of the Director of Education or any subordinate authority authorised by him.
_______________________________________________________________________ `4 This word substituted for the word "provision" by (Amendment) Rules, 1994 (0. G.
Series I No. 28 dated 14-10-1994).
(2) in the case of unaided minority schools, opening of new classes/divisions shall be subject to such norms as may be specified by the Director of Education.
(3) the norms for granting additional divisions in Middle and Secondary Schools shall be as follows subject to any change on the recommendations of the Advisory Board.
I. The norms for granting additional divisions iii Std. V to VII.
(i) For 40+20 students 2 divisions.
(ii) For 50+40+20 students 3 divisions.
(iii) For 50+50+40+20 students 4 divisions.
(iv) For 50+50+50+40+20 students 5 divisions and so on.
II. The norms for granting additional divisions in Std. VIII to X :
(i) For 44+20 students 2 divisions.
(ii) For 54+44+20 students 3 divisions.
(iii) For 54+54+44+20 students 4 divisions.
(iv) For 54+54+54+44+20 students 5 divisions and so on.
Provided that permission to open additional divisions shall be granted by the Directorate of Education after satisfying himself about the physical facilities available with the school and mere enrolment of students by a school shall not automatically make the school eligible for the additional divisions and if the additional division is opened by the School Management, without prior permission the additional liability shall not be borne by the Department.
25 ["Provided further that in case any post of teacher/ /employee in aided Secondary School is rendered surplus after formation of division(s) as per norms specified above, the Director of Education may grant relaxation and allow the continuance of the division(s) with students as specified below so as to avoid retrenchment of such surplus teacher/ employee.
(a) 15 students. ... 1 division
(b) 30+15 students …2 divisions
(c) 30+30+15 students ... 3 divisions"]
(4) The norms for granting additional divisions in Higher Secondary- Schools and Primary Teachers Training Institutes shall be as decided by the Director of Education and notified by a circular separately.
33. Closing down of a school or any class or division in the school. -- No school management shall close down a recognised school, 26[...] or an existing class or a division in such school, without giving full justification, and without the prior approval. of the Director.
27[Provided that no Management shall close' down -a recognised school without giving a notice in writing, at least six months in advance to that effect, to the Director of Education and to all to employees of school,"]
34. Absorption of surplus, employees etc.- (1) Where as a result of -
(a) the closure of an aided school or any class/ classes ___________________________________________________________________ 25 Proviso inserted by (Amendment) Rules, 1997 (0. G. Series I No. 33 dated 13-11- 1997).
26The words "not being an un-aided minority school" have been omitted by (Amendment) Rules have been deleted by (Amendment) Rules, 1994 (0. G.
Series I No. 28 dated 14-10-1994).
27Proviso added, Ibid.
or divisions 28["or discontinuance of any subject"] in any aided school;
(b) withdrawal of aid, from an aided school;
(c) withdrawal of recognition from an aided school, any student or employee becomes surplus, such student or employee, as the case may be, shall be absorbed, 29[...] in such aided schools, as the Director of Education may specify:
Provided that the absorption in the aided school of any employee who has become surplus shall be subject to availability of a vacancy and shall be subject further to the condition that the concerned employee possesses the requisite qualification for the post 30[…]
Provided further that where any such surplus employee is absorbed in an aided school, he shall be treated as junior to all the persons of the same category, employed in the aided school on the day immediately preceding date on which he is so absorbed.
(2) While terminating the services of teachers under the preceding rule, the following principles shall be observed namely: -
(a) In the case of reduction in the number of classes/ /divisions at the Higher Secondary Stage, i.e. Standards XI and XII, the services of the junior-most teachers in the subject/faculty concerned shall be. terminated.
(b) In the case of reduction at the High School stage in ________________________________________________________________ 28 In clause (a) these words have been inserted, by (Amendment) Rules 1994 (0. G.
Series I No. 28 dated 14-10-1994):
29The words "as far as practicable" have been omitted, Ibid.
30 In the first proviso to rule 34 the following words have been omitted, Ibid. .,and the employee has not been retrenched by the management of the aided school, on any grounds other than the grounds of the closure, of school or any schools, or classes of the school of withdrawal of recognition or aid from the school".
Standards VIII - X, the services of the junior most teacher in the category of graduate teachers shall be terminated.
(c) In the case of reduction at the middle Stage i.e. V-VII the services of the junior most teachers in the category of under graduate/S.S.C., trained teachers shall be terminated.
(d) In the case of reduction at primary Stage i.e. Std. I-IV, the principle of seniority shall be observed.
(e) If there are some teachers who entered the service as undergraduate/S. S. C.
trained teachers and placed in the graduate category on improving qualifications, and if the situation demands that their services are required to be terminated, they shall be given option to go, back to their original category of under-graduate teachers, and on their doing so, the services of the junior most undergraduate teacher shall be terminated.
(f) In case the Management runs more than one school having services of the employees transferable and having common seniority the retrenchment/termination shall be. done by following the principle of common seniority in the category of all the schools together, in case surplus employees cannot be absorbed in any of the schools/ institutions under the same management.
(3) Where any surplus employee is absorbed under sub-rule (1),
(a) the salary and other allowances last drawn by him at the school from which he is become surplus shall be protected;
(b) the Provident Fund Account shall be transferred to the school in which he is so absorbed and thereupon such Provident Fund shall be governed in accordance with the rules and regulations, in force in that school, in relation to Provident Funds; and
(c) the period of his qualifying service in the school in which he had worked before, such absorption and any previous period of qualifying service, if any, in any recognised aided school in the territory of Goa, Daman and Diu shall be taken into account for the purpose of computing his pension and other retirement benefits.
31("(4) Without prejudice to the provisions of sub-rules (1), (2) and (3), where an employee becomes surplus for any reason, such employee shall be absorbed in the first instance, as far as practicable, in such aided school as the Director of Education may specify and if the post so rendered surplus is subsequently revived or additional post is created or otherwise any vacancy arises anytime thereafter, within a period of three years, such as employee shall be absorbed in the former school, but if such re-absorbed in the former school , but if such re-absorption does not take place within the period of three years from the date of absorption of such employee in the original school, the services of such employee shall continue in the absorbed school:
31Sub-rule (4) has been substituted by (Amendment) Rules, 1994 (0. G. Series I No. 28 dated 14-10-1994). The original sub-rule (4) read as follows:
"(4) Without prejudice to the provisions of sub-rules (1), (2) and (3) where an employee becomes surplus by reason of the closure of any class or the section thereof or the discontinuance of the teaching of any subject, such employee shall be absorbed in the first instance, as far as practicable, in such aided school as the Director of Education may specify, and if the class or section which was closed, is reopened by the former school or if any new class or section thereof is opened, by such school or if the subject, teaching of which was discontinued, is reintroduced by such school or strength of the teaching staff of the former school is increased any time, thereafter such an employee shall be re-absorbed in the former school, but if such re-absorption does not take place within a period of 3 years from the date of absorption of such employee in the aided school, such employee shall be regularly absorbed in such aided school, as the case may be."
Provided that no teacher working on temporary or probationary basis shall qualify for absorption."]
(5) Re-absorption of an employee in the former school shall not affect his continued service or his seniority in relation to that school or his employments, Provident Fund, gratuity and other retirement benefits.
Explanation: (i) For the purpose of sub-rule (4) and (5), "former school" means the school from which an employee had become surplus.
(ii) This rule shall not apply to unaided minority schools.
35. Transfer of-Provident Fund and other moneys in certain cases: - Where an employee leaves an aided school, and joins any other aided school in the Union territory of Goa, Daman and Diu it shall be lawful for the managing committee of the school left by such employee, to transfer to the aided school joined by such employees, and the moneys standing in the Provident Fund to the credit of such employee on the date when he had left the school and any other amount due to him by way of contribution towards pension and other retirement benefits, and it shall be lawful for the managing committee of the aided school so joined by the employee to credit the said amount to the Provident Fund and other account of the teachers and to take into account the period of approved service rendered by the employee in the first mentioned school for the purpose of computation of his pension and other retirement benefits:
Provided that there is no break in the service of the employee while moving from one aided school to the other aided school within the Union territory of Goa, Daman and Diu:
32 ["Provided further that if there is break in service, such break may be condoned by the Government as per provisions as are applicable to corresponding categories of employees under the Government"].
CHAPTERIV Recognition of Schools
36. Form and manner of application for recognition. - Every private school seeking recognition shall make an application, in form I to the Directorate of Education, or the authority subordinate to him as authorised by him and every such application shall either be delivered to the appropriate authority through an individual or sent to that authority by Registered post acknowledgement due.
However, all existing recognised schools, subject to the provisions of these rules, shall be deemed to have been recognised under these rules.
37. Conditions for recognition. -No private school shall be recognised or continue to be recognised, by the Director unless the school fulfils the following conditions namely: -
(i). The school is run by a Society registered under the Societies Registration Act, 1860, or public trust constituted under any law for the time being in force and is managed in accordance with the scheme of management made under these Rules:
___________________________________________________________________ 32The second proviso to rule 35 has been substituted by (Amendment) Rules, 1994. (0.
G. Series I No. 28 dated 14-10-1994.) The original proviso reads as follows:
"Provided further that if there is break of not more than one month for the reasons beyond control of the employee, such break can be condoned by the Administrator, if the employee was a permanent employee in the former school and if he applies to the Administrator through proper channel within 3 months of his migration to the new school, by giving full justification for the break. The decision of the Administrator shall be final and shall not be subject for review thereafter by any authority including the Administrator himself."
Provided that the managements who are desirous of getting grant-in-aid from the Government shall necessarily register as societies under the Societies Registration Act, 1860, and failing to do so, they shall not be entitled to claim any grant-in-aid:
33["Provided further that the schools established by the Trust/s after enforcement of the Goa, Daman and Diu School Education Act, 1984 (Act 15 of 1985) shall not be eligible for any grant-in-aid"].
(ii) subject to the provisions of clause (1) of article 30 of Constitution of India, the school serves a real need of the locality and is not likely to affect adversely the enrolment of the nearby school which has already been recognised by the Department;
(iii) the School follows approved Courses of Instruction as prescribed by Government, and accepts the pay scales for its employees as prescribed by Government, even when the Government aid is not sought for; 34[...]
(iv) the School is not run for profit to any individual, group or association of individuals or any other persons;
(v) admission to the School is opened to all without any discrimination based on religion, caste, race, sex, place of birth, region or any of them ;
________________________________________________________________________ 33This second proviso to rule 37 has been substituted by (Amendment) Rules, 1989. (0.
G. Series I No. 52 dated 30-3-1989). The original proviso reads as follows:
"Provided further that the schools managed by the Public Trust and receiving Grant-in-aid before the commencement of these rules, shall register as Societies within a period of 2 years from the commencement of these rules, failing which, such schools shall not be eligible for any grant-in-aid."
34 The words "subject to section 14 of the Act" have been omitted by (Amendment) Rules, 1994 (0. G. Series I No. 28 dated 14-10-1994).
(vi) the Managing Committee observes the provision of the Act and. the. Rules made thereunder and, the instructions issued by -the Director of Education or his authorised subordinate officer from time to time;
(vii) the building or other structure in which the school is carried on, its surroundings, furniture and equipment are adequate and suitable for an educational institution, where there is any business premises in any part of the building, in which such school is run, the portion in which the school is run is adequately separated from such business premises;
(viii) the arrangements in the building or other structure and the furnishings thereof meet adequately the requirements of health and hygiene;
(ix) the School buildings or other structures or the grounds are not used during the day or night for commercial or residential purposes (except for the purpose of resident of any employee of the schools). or for communal, political or non-educational activity of any kind whatsoever;
(x) the accommodation is sufficient for the classes under instruction in the school, for primary and secondary separately; and if the accommodation is shared by primary and secondary the rent on this account shall be shared proportionately;
(xi) there .is no thoroughfare for public passage through any part of the school premises;
(xii) sanitary arrangement at the school are adequate and are kept in good order and the certificate from the Health Officer of the local authority having jurisdiction over an area in which the school is located as to the health and sanitary conditions of the school and its surroundings has been furnished and will also be furnished as and when required by the appropriate authority;
(xiii) arrangements are made for the supply of good drinking water to the students and the staff members and suitable facilities are provided to enable them to take refreshments, lunch or the like;'
(xiv) the school is so conducted as to promote discipline and orderly behaviour and to maintain high moral tone;
(xv) no teacher or student of the school is compelled to attend the classes in which religious instructions is given or to take part in any religious activity; no teacher or student absenting himself from a religious instruction, or religious activity is made to suffer any disability on that account and no student is refused admission tothe school because exemption from attending religious exercises or religious instructions has been claimed by him or his parent or guardian;
(xvi) facilities are provided for teaching of languages in accordance with the 3 language formula as adopted by the Central Government;
(xvii) the school is open to inspection by any of the following officers namely -
(a) any officer authorised by the appropriate authority or the Directorate of Education.
(b) the officers of the Public Health Department and Public Works Department.
(xviii) the school furnishes such reports and information as may be required by the Directorate of Education, or the officers of the Department, from time to time and complies with such instructions of the Directorate of Education; from the departmental officers as may be issued to secure the continued fulfilment of the conditions of recognition or the removal of deficiencies in the working of the school;
(xix) all records of the school are open to inspection by any officer authorised by the Directorate of Education, at any time, and the school furnishes such information as may be necessary to enable the Central Government, or the Administrator to discharge its or his obligations to Parliament or the Legislative Assembly of Goa, Daman and Diu as the case may be;
(xx) the school does not involve any unhealthy competition with any existing school of the same category in the neighbourhood;
(xxi) the education imparted in the school is satisfactory in all respects and the teaching staff of the school is qualified suitably and adequate in number;
(xxii) the management undertakes to make provision to the satisfaction of the Department; that the general Rules of discipline as laid down by Government from time to time are duly observed by the management, the teachers as Well as by the pupils;
(xxiii) the management undertakes to abide by such orders relating to any of the above conditions or to the working of the school or its Hostel as may be issued by the competent authority or the Director of Education, either generally or any specific cases, from time to time;
The conditions of the institution shall, under each of the above heads, be tested by thorough inspection by the officers of the Education Department.
38. Facilities to be provided by a school seeking recognition of the Department. - (1) Every private school seeking recognition shall provide for the following facilities namely: -
(i) Physical Education
(a) suitable playground as specified by the Department, for the purposes of games and sports, and materials for such games and sports;
(b) where no such playground is available, due to the location of the school in an area where no suitable open space is available, the school shall arrange for a playground in a nearby area where the students could be provided the facilities for games and sports;
(c) where no such arrangement as referred to in clause (b) is possible, the school shall make arrangement for gymnastics or any other physical exercises.
(ii) Library service
(a) (i) adequate library facilities in the case of the primary school, and (ii) in the case of other categories of schools, a separate room for the Library, to be used exclusively for the purpose and on no account such room shall be considered as available for class teaching;
(b) a reading room attached or adjacent to the Library, wherever possible;
(c) the Library has a stock of books specified by the director as also the books specified by the affiliating Board and such other books as may meet the needs of the students and of the teachers;
(d) the Library has also books suitable for the use of teachers in their professional work and reference work.
(iii) Laboratory work
(a) in the case of a school up to the middle level a laboratory for teaching science, equipped according to such, specifications as may be laid down from time to time, by the Directorate of Education;
(b) in the case of a school above the middle level introducing to run either science course or courses in subject which involve practical work, accommodation, equipment and apparatus according to such specifications as may be laid down from time to time, by the affiliating Board or the Directorate of Education, for the laboratory for each subject.
(iv) Workshop Practice.
(a) a room for conducting Workshop practicals or such other vocational activities as may be specified by the Director of Education, for different classes;
(b) the Workshop is equipped, according to such specifications as may be laid down, from time to time, by the Director of Education for each subject;
(v) Co-curricular Activities.
As many co-curricular activities, as may be possible, so as to give to every student an opportunity of participating in, one or more of the following activities, namely
(a) Debates;
(b) Recitation or Elocution;
(c) Dramatics;
(d) Music (including folk songs) dancing (including folk dances);
(e) Hobbies of different types;
(f) Model Parliament;
(g) House system;
(h) Pre-factorial system;
(i) Class Competition;
(j) Any other co-curricular activity.
Note: Wherever there is additional financial liability for appointment of staff on account of the introduction. of above activities, prior approval of the competent authority shall be taken by the school management before introducing the activities. However where there is no additional financial liability on account of additional staff the school shall introduce the activities at its own discretion, and intimate the action taken to the Department and the Examination Board wherever necessary.
39. Power to grant exemption. - The Director of Education, may, for good and sufficient reason, exempt provisionally any private school seeking recognition from one. or more of the provisions of rule 37 or 38 or both for such period as it may consider necessary, provided that the Director of Education is satisfied that the school will be in a position to fulfil in the near future, the requirements from which it is provisionally exempted.
40. Date of Recognition.- The Recognition given to a school shall be effective from the date decided upon by the Director of Education and ordinarily recognition shall be given from the date of commencement of the school year.
41. Recognition to, lapse if not availed of within a year. - (1) The recognition granted to a school shall lapse unless it is availed of within a year from the date on which it is to be effective.
(2) Where a recognition has been granted to a private school for a limited period, such recognition shall lapse on the expiry of that period unless such recognition ,is renewed before the expiry of that period:
Provided that no recognition shall be renewed unless an application for such renewal has been made in Form I - not less than 6 months before the date on which the recognition is to expire and unless the school continues to fulfil the conditions specified in sub-section (1) of Section (5) and rule 37:
Provided further that the Director of Education may, on sufficient clause being shown by the managing committee of the school relax the time limit for making an application for the renewal or recognition.,
42. Lapse of recognition in other case.- (1) If the recognised school ceases to function or is shifted to a different locality or is transferred to a different trust, society individual or a group of individuals without the approval of the Director of Education, its recognition shall lapse on such ceaser, shifting on transfer, as the case may be, and it shall, for the purpose of future recognition, be treated as a new School.
(2) Where one or more of the conditions of recognition, specified in sub-section (1) of Section (5) or in rule 37 are not complied with, by any recognised school, the Director of Education may by written notice, draw the attention of the school to such non-compliance, and, if within 30 days from the date of service of such notice, any such condition for the recognition is not complied with, the recognition granted to such school shall, on the expiry of the said period of 30 days stands lapsed.
43. Suspension or withdrawal of recognition.- (1) If a school ceases to fulfil any requirement of the Act, or any of the conditions specified in rules 37, or fails to provide any facilities specified in rule 38, the Director of Education may, after giving to the school a reasonable opportunity of showing cause against the proposed action, withdraw for reasons to be recorded in writing recognition from the school:
Provided that, where the Director of Education is satisfied that the deficiencies or defects are capable of immediate or early removal, it may, instead of withdrawing the recognition, suspend the recognition for such period as it may think fit to enable the management of the school to remedy the deficiencies or defects to the satisfaction of the Director of Education:
Provided further that, where the recognition of a school has been withdrawn or suspended, the Director of Education shall not grant recognition of such school whether run by the name by which it was known at the time of such withdrawal or suspension or by any other name, unless the school has removed the deficiencies or defects for which the recognition has been withdrawn or suspended.
(2) Where recognition of any school is withdrawn, the reasons for withdrawal of such recognition shall be communicated to the management within 7 days from the date on which the recognition is withdrawn.
(3) Any management aggrieved by the withdrawal, of recognition of the school managed by it may, within 30 days from the date of communication to it of the withdrawal of recognition, prefer an appeal against such withdrawal to the authority specified in rule 45.
44. Restoration of Recognition.- The Recognition once withdrawn for lapse shall not be restored until the Director of Education is satisfied that the reasons which led to the withdrawal or lapse of recognition have been removed and that in all other respects the school complies with the provisions of the Act and the rules made thereunder.
45. Authorities to* which the review applications may be preferred. - (i) Every appeal against refusal by the Director of Education, to accord recognition to a school or withdrawing recognition from an existing school shall be preferred to the Administrator.
(ii) Every such review application shall be made in writing within 30 days of the receipt of the communication of refusal or withdrawal and shall be accompanied by a copy of the reasons for the refusal to accord recognition or withdrawal of recognition, as the case may be, communicated to the appellant.
CHAPTER V
46. Scheme of Management of recognised schools. - (1) The scheme of management in relation to a recognised school shall provide that:
(a) the Managing Committee of a recognised aided school shall consist of not more than 10 members; and the Managing Committee of a recognised unaided school shall consist of not more than 15 members;
(b) Subject to the total number of members specified in clause (a) every Managing Committee shall include the following, namely:
(i) The head of the school;
(ii) One parent, who is a member of the Parent Teachers Association of the school, constituted in accordance with such instructions as may be issued by the Director of Education, and is elected by that Association;
(iii) One teacher of that school to be elected by the teachers of that school from amongst themselves;
(iv) One person (a woman if possible), who is, or has been a teacher of any other school or of any college to be nominated by the society by which the school is run;
(v) One member to be nominated by the Director of Education who shall be an Educationist or an. Officer of the Directorate of Education not below the rank of the A.D.E.I. 36("in Schools other than minority Schools");
(vi) The remaining members to be nominated or elected, as the case may be, in accordance with the rules and regulations of the society, by which the school is run.
(2) The scheme of management shall also provide for the following, namely:-
(a) the term of office of the members of the managing committee and the manner of its reconstitution or filling of my vacancy occurring therein;
(b) the manner of elections to the managing committee;
(c) that for the purpose of elections to the managing committee, the head of the school shall be the returning Officer and shall conduct and be incharge of the elections;
(d) that any change in the composition of the managing committee of the members referred to in sub-clause (ii) and (iii) of clause (b) of sub-rule
(1) shall be communicated to the Director within 7 days from the date when such change takes place;
(e) the duties, powers and responsibilities of the managing committee, which shall include the control over appointment, disciplinary action, and control on staff, and shall also provide that no financial irregularities is committed or any irregular procedure is followed;
(f) that the managing committee shall ensure that the ------------------------------------------------------------------------------------------------------------- 35 These words inserted by (Amendment) Rules, 1994 (0. G. Series I No. 28 dated 14-10-1994).
school gets full complement of the teaching staff;
(g) that the managing committee shall ensure, that the school gets furniture, science equipments, library books and other teaching aids, and requisite sports materials;
(h) the duties, powers and responsibilities of the head of the school, which shall provide that he shall:
(i) function as the head of office of the school under his charge and carry out all administrative duties required of a head of office as assigned to him by the Managing Committee;
(ii) be responsible for drawing and disbursing the salaries of the employees of the school if so authorised by the Managing Committee as per the scheme of direct payment of the Education Department through the Banks except that, in the case of an unaided school, he may perform only such function as drawing and disbursing Officer as may be specified in the instructions issued by the Director;
(iii) be responsible for the proper maintenance of accounts of the school, subject to such authorisation by the Managing Committee, and maintain school records, service books of teaching and non teaching staff and such other registers; returns and statistics as may be specified by the Director from time to time;
(iv) handle official correspondence relating to the school excepting the establishment matters and financial matters and furnish, within the specified dates, the returns and informations required by the Director; and in case of correspondence relating to establishment and financial matters, he shall cause to furnish the information by the Management. All representations of the staff including the heads of schools shill be routed through the Management;
(v) make, in the case of unaided schools all payments (including salaries and allowances of teachers and other non-teaching staff) in time and according to the instructions governing such payment. Provided that where he is so authorised by the Administrator, make, in the case of an aided school, all such payments according to the instructions governing such payments;
(vi) cause to purchase stores and other materials required for the school in accordance with the rules governing such purchases and enter all such stores in the stock register and shall scrutinise the bills and cause to make payments;
(vii) ensure that the tuition fees, where levied, are realised and appropriately accounted for and duly appropriated for the purpose for which they were levied;
(viii) conduct physical verification of school property and stocks at least once a year and ensure the maintenance of stock registers neatly and, accurately;
(ix) be responsible for proper utilisation of the Pupils Fund;
(x) make satisfactory arrangements for the supply of good drinking water and provide other facilities for the pupils and ensure that the school building, its fixtures and furniture, office equipment lavatories, play grounds, school garden and other properties are properly and carefully maintained;
(xi) supervise, guide and control the work of the teaching and non-teaching staff of the school;
(xii) be in 'charge of admission in the school, preparation of school time-table, allocation of duties and teaching load to the teacher and shall provide necessary facilities to the teachers in the discharge of their duties and conduct of school examinations in accordance with the instructions issued by the Director from time to time and he shall discharge these duties in consultation with and assistance of his colleagues;
(xiii) plan the years' academic work in advance in consultation with his colleagues and hold staff meeting at least once a month, review work done during the month and assess the progress of the pupils;
(xiv) help and guide the teachers and promote their professional growth and towards the end, actively encourage their participation in courses designed for inservice education;
(xv) promote the initiative of the teachers for self-improvement and encourage them to undertake experiments which are educationally sound;
(xvi) Supervise class room teaching and secure cooperation and co-ordination amongst teachers of the same subject area as well as inter-subject co-ordination; so as to eliminate the isolation both vertical and horizontal;
(xvii) arrange for special remedial teaching of the children belonging to the weaker sections of the community as also of other children who need such remedial teaching by drawing a regular annual programme in consultation with the teachers and review the progress periodically;
(xviii) arrange for informal and non-class- room teaching;
(xix) plan and specify a regular time-table for the scrutiny of pupils, written work and home assignment and ensure that the assessment and corrections are carried out timely and effectively;
(xx) make necessary arrangements for organising special instructions for the pupils according to their needs with the co-operation and assistance of teachers;
(xxi) organise and co-ordinate various co-curricular activities through the house system or In such other effective ways as he may think fit;
(xxii) cause to develop and organise the library resources and reading facilities in the school and ensure that the pupils and teachers have access to and use of books, and journals of established value and usefulness;
(xxiii) cause to send regularly the progress reports of the students to their parents or guardians through the class teachers;
(xxiv) promote the physical well-being of the pupils secure high standards of cleanliness and health habits, and arrange periodical medical examinations of students and cause to send medical reports to parents or guardians through the class teachers;
(xxv) be present in the school premises during school hours and shall be available to the public and Departmental Officers in the school premises for consultation during school hours and devote at least twelve periods in a week to teaching of the pupils;
1. The Heads of Secondary and Higher Secondary shall engage 12 periods or 7 hours per week.
2. The Heads of Middle Schools and Asst. Head Masters in High Schools shall engage 24 periods or 14 hours per week.
3. If the Officers of the Department had occasion to observe, dereliction of duties with reference to the above listed responsibilities or frequent absences of the Head Master from the school during school hours the Management is obliged to take suitable action against such a Head Master on receipt of such a report from the Officer.
4.. In case of schools working in two shifts, the Head Master shall work for not more than 6'/a hours per day and his working hours shall be so adjustable that he will be able to guide and supervise the school work in both the shifts, and the Management shall fix his school timings in consultation with the Department.
(i) the educational and other qualifications of the manager and his duties and responsibilities, the position of the manager vis-a-vis the managing committee;
(j) no employee of an aided school (other than head of school) shall be appointed as the Manager, the head of school may be appointed as the manager of the school;
whether aided or upaided;
(k) appointment of the manager; the terms and conditions of his appointment,- removal of the manager; filling up of casual vacancy in the office of the manager; duties and responsibilities of the manager;
(1) bills (including bills relating to the salaries and allowances of the-teachers and non-teaching staff), shall be jointly signed by the manager and the head of the school;
but where the head of the school is also the manager, such bills shall be signed jointly by the head of the school and another member of the managing committee specially authorised by that committee in this behalf;
(m) that the administration and academic work of the school shall be attended to by the head, of the school, and, except where the head of school is the manager, the manager shall not interfere with the day-to-day administration and academic work of the school;
(n) members of the managing committee of an aided school shall not be entitled to any remuneration, honorarium or allowance but may be permitted to draw allowances for attending meeting of the managing committees at a rate not exceeding the rate of daily allowance or travelling allowance admissible to the nonofficial member of the committees, boards and the like in accordance with the orders issued by the Government of India from time to time:
Provided that if the head of school or a teacher happens to be a member of the managing committee, he shall draw his remuneration in his capacity as the head of the school or teacher, as the case may be;
Provided further that the allowances paid to the members of the managing committee for attending meetings thereof shall not be a charge on the school fund;
(o) no member of the managing committee shall be entitled to participate in any meeting at which his personal conduct is under discussion;
(p) in the case of an unaided minority school, the form of the contract referred to in sub-section (1) of section 17 and the manner in which, every contract of service shall be preserved;
(q) the managing committee shall be subject to the control and supervision of the trust or society by which such school is run;
(r) manager shall not be at the same time the manager of any other school and a person shall not be at the same time the Chairman of managing committee and the manager;
(3) The managing committee of an existing school shall make the draft of scheme of management after. the commencement of these rules and shall within 90 days from such commencement submit such draft to the Director of Education for its approval;
Provided that the Director of Education after giving to the managing committee a reasonable opportunity of being heard, make such alteration or modifications in the draft scheme of management as the circumstances of the case may require.
(4) The managing committee of an existing school shall bring, within ninety days from the date of approval of the scheme of management by the Director of Education, the composition thereof in conformity with the scheme of management as approved by the Director of Education.
36[...]
_______________________________________________________________________ 36Sub-rule.(5) has been omitted by (Amendment) Rules, 1994 (0. G. Series I No. 28 dated 14-10-1994). The same reads as follows:
"(5) Save as otherwise provided elsewhere in these rules nothing contained in this rule shall apply to aided and unaided minority schools, however Director of Education may issue suitable guide-lines to these schools."
CHAPTER VI Grant-in-Aid
47. Aid to existing Schools to continue. - Every aided school shall, so long as it fulfils the conditions for receiving aid, continue, subject to the provisions of these rules, to receive such aid:
Provided that, if the School Management does not fulfil some of the provisions of these rules, it shall fulfil the same within 6 months of the commencement of these rules.
48. Power of Director of Education to determine the number of aided schools. - The Director of Education or any other officer authorised by him in this behalf shall determine every year the total number of recognised schools to which Grant-in-aid may be given.
49. Application for Grant-in-aid. - Every application for Grant-in-aid by a School .
Management having a Society registered under Societies Registration Act, 1860 shall be made in Form II and shall be addressed to the Director of Education or any officer authorised by him in this behalf and every application for the yearly assessment of grants shall be made in Form prescribed by the Director of Education:
Provided that no pre-primary or primary school shall be held eligible for receiving grant-in-aid.
50. Power of Director of Education to cause the School to be inspected. -- Where the application is made for any Grantin-aid in relation to a school, the Director of Education shall cause such school to be inspected by an Officer authorised by him in this behalf as regards the suitability or otherwise of the school to receive such aid.
51. No aid be given unless suitable undertakings are given by the Managing Committee. -- No school shall be granted aid unless its Managing Committee, gives an undertaking in writing that it shall comply with the provisions of the Act, these rules and such instructions as may be issued, from time to time, by the Director, with regard to the Grant-in-aid, and that the breach of any provision of the Act, these Rules or any instructions issued by the Director in this behalf shall render such school liable to be removed from the Grant-in-aid list, and the grant-in-aid shall be withdrawn forthwith:
Provided that the Director of Education shall give a showcause notice or cause to give a show-cause notice to the Managing Committee before withdrawing the Grantin-aid from the school.
52. Conditions for Grant-in-aid. - The school seeking Grant-in-aid shall have -
(a) a permanent income, whether from endowments or other sources (excluding fees and the Pupils Funds) which, when supplemented by Grant-in-aid shall be adequate to discharge its obligations under the Act and to enable it to carry on its work efficiently;
(b) (i) a reserve fund of an amount which shall not be less than the amount indicated in the Table below or the amount specified by Rules and Regulations of the Affiliating. Board, whichever is higher.
(ii) in case of schools already established, the reserve fund may be built up in the manner prescribed below:
A surplus of ten percent of the total expenditure of the school for the year will be considered as approved and authorised, which the Management may lay by a reserve fund and utilise for recurring as well as nonrecurring expenditure from time to time.
Any surplus over and above the ten percent -will be treated as unapproved, and an equivalent amount from the maintenance grant will be deducted.
Management of schools which give satisfactory reasons may be allowed by the Director to have a surplus at a higher percentage in excess of 10 percent without any reduction in the grant of the school concerned.
The total expenditure in this context will include all reasonable and bonafide expenditure, , whether admissible for a Government grant or not, but it must not include any expenditure which is directly or indirectly not related to the school:
Provided that the amount. specified in the Table below shall be subject to review every five years in consultation with the Advisory Board;
(c) the reserve fund shall be the property of the school, shall be maintained in its name and shall be kept deposited in a scheduled bank or a nationalised bank or the post office and such account shall ordinarily be operated jointly by the Director of Education or any officer authorised by him in this behalf and the' manager of the school;
Provided that where it is urgently necessary to draw any money from the reserve fund to meet any ' emergent expenditure or to meet the salary and allowance of the employees of the school in the event of the omission or failure of the managing committee to discharge the obligations imposed upon it by sub-section (2) of Section 7 of the Act, the account may be operated by the Director alone.
TABLE Scale of Minimum obligatory Reserve Fund
(a) Higher Secondary Schools having upto 500 students in higher secondary classes ……………Rs. 15,000/
(b) Higher Secondary Schools having more than 500 students in the Higher Secondary Classes ....................................... Rs. 20,000/
(c) Secondary Schools having upto 200 students .......................................... Rs. 5,000/
(d) Secondary School having 200 to 400 students ........................................ Rs. 7,000/
(e) Secondary Schools having more than 400 students …………………….Rs. 10,000/
(f) Middle Schools, irrespective .
of the number of , students. …………….Rs. 3,000/
Explanation:
i) Middle schools upgraded to Secondary Schools and functioning as one unit shall deposit only the difference of amount to be deposited as a Secondary School and the amount already deposited as a middle school i. e. c-f, or d-f, or e-f as the case may be.
ii) The reserve fund shall be school wise, irrespective of the fact that the Management is common.
53. No Grant-in-aid for unqualified staff. - (1) In order to be eligible to receive Grant-in-aid, the school shall employ adequate number of qualified teaching and other staff as approved by the Director under the norms of post fixation or as has been specified by him from time to time.
(2) Save as otherwise provided in sub-rule (5) of rule 76, the pay of unqualified teachers shall not be an admissible charge for the assessment of Grant-in-aid in the school unless exemption/relaxation has been made by the Director in this behalf.
54. Enrolment and attendance. - The number of students on the rolls of an aided school shall not fall below 20 in each class where there are no divisions or below the number on the basis of which aid was initially granted 'to such school subject to the proviso that in exceptional cases, the Director of Education may relax this number upto 10 for a particular year and the number of working days of such school shall not fall below 220 in a year; and where the number of students falls below 75% of the first mentioned number or the number of working days falls below 220, a proportionate reduction may be made in the Grant-in-aid payable to the school, at the discretion of the Director of Education.
55. Grant-in-aid for a stage, of education. - Where a school receiving Grant-in-Aid for classes' comprising one stage wishes to secure Grant-in-Aid for another stage, the managing committee or the manager of such school shall submit a fresh application in respect of the stage for which such grant is desired.
Note: Permission for upgradation, or additional class or divisions shall not automatically make the school eligible for grant-in-aid for such classes or divisions.
56. Stoppage, reduction for suspension of grant-in-aid. - Subject to the provisions of Rule 52, any Grant-in-aid to a school may be stopped, reduced or suspended at any time by the Director of Education;
(a) if the managing committee of the school fails, without any reasonable excuse, to comply with any provision of the Act, or these rules or any instructions given by the Director of Education; or
(b) if one or more of the conditions for the recognition, discipline, organisation or instruction in the school is unsatisfactory; or
(c) if, as a result of lack of discipline, the academic standards are likely to be adversely affected; or
(d) if one or more of the conditions for the recognition of a school or the grant of any aid to a school have been violated:
Provided that, no aid shall be stopped, reduced or suspended except after giving to the Managing Committee of the School the reasonable opportunity of showing cause against the proposed action.
57. Managing Committee to pay its share towards salary and allowances of employees, etc. - The Managing Committee of a School, in relation to which aid has been reduced or suspended, shall, if it runs the school after such reduction or suspension of aid discharge the obligations referred to in sub-section (2) of Section 7.
58. Power of Director of Education, to Withdrawal from the Reserve Fund and make payment of salaries and allowances. - (1) Where the 37["Management"] omits or fails to pay the salaries and other allowances of the employees of the school, the Director of Education may authorise a subordinate officer of the Department, to draw such amount from the Reserve Fund as would be sufficient to meet the amount of the salaries and allowances of the employees.
(2) The Director of Education may also authorise a subordinate officer of the Department, to draw any sum from the Reserve Fund where such withdrawal from the Reserve Fund becomes necessary to meet any emergent repairs in the buildings of the School or for any other emergent purpose.
59. Payment of salaries and allowances to the employees of the school from the Reserve Fund where aid has been stopped, reduced or suspended. -- Where aid to any school has been stopped, reduced, or suspended, and the 37["Management"] Committee of the school has by reason of _________________________________________________________________ 37 The word "'Management" has been substituted for the word "Managing Committee" by (Amendment) Rules, 1994 (0. G. Series I No. 28 dated 14-10-1994)..
such stoppage, reduction, or suspension, omitted or failed to pay the salaries and allowances of the employees of the School, the Director of Education shall pay or cause to be paid the salaries and allowances of the employees and authorise the subordinate officer of the Directorate of Education, to draw in part or in full the amount from the Reserve Fund of the School.
60. Power of the Director of Education, to draw and disburse the salaries of the employees of the ' school if payments are not made by the Managing Committee. - (1) The payment of salaries including allowances of the employees of a school shall be the first charge on the maintenance grants paid to the school. The school shall disburse the salaries and allowances of the employees of the school and credit the Provident Fund Contribution in respect of such employees as are governed by the Provident Fund ' Rules. Any default in' this respect shall be viewed as serious irregularity and the school shall be liable to suitable penal action therefor.
(2) In case a school fails to pay fully and punctually the salaries of the employees of the school, the Director of Education after intimating the management of the full particulars of the complaints received regarding such failure of the school, may order an Officer of the Department, to hold such enquiries as he may deem fit. If the Enquiry Officer is satisfied that:
(a) though the past instalments of maintenance grants/ /salary portion of the maintenance grants, due to the recognised Government Aided Secondary School, had been paid, 38["management"] of that school had failed to pay the salaries and allowances to its 39["employee"] 40[...] for a period of not less than 2 months, even when such employees were discharging their duties in the school, or deemed to be discharging duties in the opinion of the Director of Education; or ___________________________________________________________________ 38-39 The words "managing committee" and "all employees" have- been substituted for the words "management" and "employee", respectively, by (Amendment) Rules, 1994 (0. G. Series I No. 28 dated 14-10-1994).
40 The words "or a few of them", omitted, Ibid.
(b) owing to some internal dispute within the management of a recognised non-Government aided School, it is not possible to disburse the maintenance grants/salary portion of the maintenance grants due to that school, 41["or owing to otherwise reduction or suspension of grants due to that school by the Government"] with the result that salaries and allowances of the employee have remained to be paid for a period of not less than 2 months;
he may submit a report accordingly to the Director of Education:
(i) The Director of Education, on going through the report of the Enquiry Officer and being satisfied that the complaints are justified, may issue an order authorising an officer of the Department, to draw the unpaid amount of salary portion of maintenance grants which has become daze and payable to such School, and have that amount utilised for paying pro-rata the members of the staff of the school against their salaries and allowance if any. 42[...] Detailed accounts with particulars regarding the disbursement of such amount should however, be maintained separately and care shall be taken to see that amount so drawn is not utilised for any other purpose. If the amount so, drawn or any part thereof remains undisbursed after the lapse of a month of the date on which it was drawn, the same shall be credited back to the Government Treasury by the said Officer.
(ii) Before paying to the members of the school staff as stated in (i) above, the officer may require each of them to execute an indemnity bond to the effect that ___________________________________________________________________ 41 These words inserted by (Amendment) Rules, 1994 (0. G. Series I No. 28 Dated 14-10-1994).
42 The words "which have remained in arrears", omitted, Ibid.
if it is subsequently found that the amount paid to any of them or any portion thereof was not really due to him/her, such amount or portion thereof shall be liable to be recovered from his/her.
(iii) The amount of maintenance grant drawn and utilised as stated in 43["(i) and"] (ii) above by the Officer, 441...] would stand set off against the grant due to the school.
61. Categories of Aid. - The school Managements having Societies are eligible for the following kinds of Grant-in-aid which may be paid at the discretion of the Sanctioning Authority, subject to fulfilment of conditions of recognition, Grant-inaid and other rules:
(i)Maintenance grant;
(ii)Equipment grant;
(iii) Building grant; and
(iv) Such other grants as may be sanctioned by Government from time to time.
The moneys annually granted from public funds for aiding secular education in the territory of Goa, Daman and Diu are administered under the control of the Director of Education, in accordance with the conditions set forth in these rules:
Provided that the payment of grants to schools shall be subject to the condition that the requisite budget grants are sanctioned by the Government. Notice of the probable reduction in any year shall be given as soon as possible after the budget grants are passed and such reduction shall continue in force until the notice is modified or cancelled.
_______________________________________________________________________ 43 This figure and word has been inserted by (Amendment) Rules, 1994. (0. G.
Series I No. 28 dated 14-10-1994).
44 The words "for payment to the school staff against their outstanding salaries and all allowances" have been omitted, Ibid.
62. Maintenance Grants. - Subject to Funds being available all the Secondary Schools including Middle Schools and Higher Secondary Schools, Primary Training Institutions and Night Secondary Schools recognised in the previous official year are eligible for maintenance grants on the basis of their total, admitted expenditure of previous year, as per the pattern of assistance approved by Government. The pattern of assistance approved is subject to review once in 10 years on the recommendations of the Advisory Board, in case, there is such a demand from the managements of the aided schools. The maintenance grants include the salary portion of the employees of the schools and the advance grants are released in convenient instalments to facilitate the managements to pay the salaries of the employees regularly. The salaries of the employees shall be paid through the nationalised banks, as per the scheme prepared by the Department and in force on the day previous to the commencement of these rules. The mode of payment and other modalities are subject to change at the discretion of the Government. In case there is delay in releasing the salary portion of the grants to the School Managements by the Directorate of Education for justified reasons, the management shall be duty bound to pay the salaries of the employees from its own funds, till the grants on this account are released by the Director.
63. Grants for equipment furniture, etc. - (1) Grant for the purpose of equipment, furniture, appliances or games and sports materials or the like shall be paid annually and shall be not less than two-thirds of the total expenditure actually incurred in the purchase of approved articles of such specifications as may be laid down by the Director
(2) No grant shall be admissible on the expenditure for the conveyance or cartage of such equipment, furniture or appliances.
(3), No grant shall also be admissible under this head for ordinary repairs of furniture and equipment and purchase of consumable articles for science, drawing domestic science or agriculture; and the expenditure on these items shall be incurred from the contingent grant or from the special fee, if any, levied for the teaching of such subject.
64. Conditions relating to the payment of grant for equipment etc. - The grant for the purchase of furniture, equipment or appliances, games and sports materials or the like, shall be paid subject to the following conditions, namely.
(a) that the Director is satisfied that the purchase for which the grant is made has actually been made and that the articles are of the approved kind and specification;
(b) the managing committee of the school gives an undertaking, in writing, that
(i) no article purchased with the grant shall be struck off from the school property register or the stock register and no book shall be removed from the catalogue of library books unless it has been previously declared as unserviceable by a properly constituted Condemnation Board constituted by the Directorate of Education, Panaji;
(ii) all such unserviceable articles shall be written off and disposed of by the managing committee in accordance with the instructions of the Director:
Provided that where the value of any unserviceable article exceeds rupees five hundred, it shall not be written off without the previous sanction of the Director;
(iii) the sale proceeds, if any, shall be refunded to the Government in the same proportion in which the grant was drawn for the purchase of the article;
(iv) if the school ceases to be a school of the status approved by the Director or an aided school or it has been maintained in a state of inefficiency, or the articles are used for purposes other than those for which they have been purchased, than the Director shall have a lien on the articles for the recovery of a sum which bears such proportion to the present market value of the articles as the grant bears to the market value of such articles at the time when the grant was made;
(v) non-recurring grant may be sanctioned by the Director at the rate of not less than two-thirds of the approved expenditure subject to a maximum of five thousand rupees in each individual case.
65. Application for grant of furniture etc.- (1) Applications for grant for the purchase of furniture, equipments, appliances and games and sports materials shall be submitted in the Form to be prescribed by the Director of Education, to the Director of Education by the 1st day of September of the financial year, preceding that in which the grant, if approved, is to be paid, and a detailed list, with the cost of each item shall be invariably furnished with each application.
(2) The decision of the Director shall be communicated to the managing committee of the school by the 31st day of December of the year in which the application is made.
66. Procedure for purchase of furniture.- The purchase of equipment, furniture, appliances and games and sports materials and the submission of grant papers shall be made in, accordance with such procedures; and shall be governed by such co