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Sh n title and 'mmcnce :nL D efinfti ons.
11 0RTSSA ACT 3 OF 1997 *THE PANCHAGADA ANANGA NARENDRA SCHOOL OF EDUCATION (TAKING OVER OF MANAGEMENT) ACT, 1997 [Received the assent of the Governor 011 the Jst April 1997, first. publishe<l in an extraordinary fss11i> of t/1e Oriss~ G11zc1te, daud the 3rd April 1997] AN ACT TO PROVlDB FOR TAK.ING OVER OF MANAGEMENT- OF THE AFFAIRS OF THE PANCHAGADA ANANGA NAReNDRA SCHOOL OF EDUCATION, BANE:OI AND MATI'BRS . CONNECTW THI!RBWlTH OR INCIDENTAL THER_BTO WHEREAS in the interest of qualitative eclucational training to the Teachers.
the State Government decided that no private Secondary _Training Schools i;hall be permitted to be established in the State of Orissa. and a PreS6 Note to that effect was issued by the State Government on the 12th March 1981 ;
AND WHEREAS the Orissa E_ducation Act, 1969 was amended in the year 1988 by Orissa Act 19 of 1988, which came into force on the 19th December 1988, prohibitin~ _establishment of Secondary Training Schools -in lhe private_ sector and the same provisions were reilerared in the year 1989 by Orissa Act 15 of "1989;
AND WHEREAS the Panchagada Ananga Natendra School of Education at Bankoi, in the district of Kb urda was est abhsbed in the year 198 I;
AND WHEREAS the said School was permanently recognised by the State Government in pursuance of the Orders of the Orissa Higb. Co'Urt in· O. J. C. No. 144 of 1988 and 367 of J 989, confirmed by rhe Supreme Court of India in CjviJ Appeal No. 44 of 1993 ;
AND WHEREAS the said School of Education 'is the only Secondary Training School in the private sector in th: State ;
AND WHE)lEAS in order to ensure qualitative educational training to the Teachers who will. ultimately be ca)led upon to impart education to the School children. it is flecessary that the Teacher-trainees should be selected purely on the basis of merit though out the State; - AND WHEREAS qualitative selection of candidates as well as the standard of training to the Teacher-trainees cannot be ensured if tbe said School of Education is alJowed to function under private management; · · AND WHEREAS for the aforesaid reasons and in the larger interest of the public, the State Government have decided to take over the management of the said School of Education with all its properties and assets, B11 it enacted by the Legislature of the State of Orissa io the Forty-eighth Year of the Repubtit: of Inclia es follows : ,- I. (J) !his Act may be called the Paochagada Ananga Narendra School of Education (Taking over of ~anagement) Act; 1997.
· . (2) It shall be deemed to have oome into force on the 27th day of January,
1997.
2. In this Act, unless t~e context otherwise requir.es,-
(a) "Administrator'' means the Administrator apPoin!ed uoder section S ;
(b) "Appointd day" means the day on which this Act comes into force ;
(c) "School'' means the Panchagada Ananga Narendra School of Education at Be.nkoi in the distriGt of Kburda ; · .
(d) "Government" means the Government of Orissa.
•For the Bill See Ortssa Gazette, Bir.uaordlaaey, dated the 3rd March, 1997( No, 282) Takintl over or mwi.ap• ment of affairs of the School.
Effect of '8klng over ,f maoage-
1ent.
3. (I) With effect from the appointed day,-
(a) the maaag!mont of the: So:-hool shall vest fo the Government ;
(b) every member of the Managing Committee, by·whatever narne ca.lied, shall eease to exercise any Power cf m<fnagement in relation to the School; and
(c) the Government shall be c'cemed to have been iD actui,tl po;session of the School.
(2) All assets and properties of the School and · Managiag Committee thereof, whether mcwablc or immovable, including lc:nds, building, labon>.toritG, workshops, libraries, instruments, machinery, vehicles, cash balance·, funds including reserve fund, investment, furniture and fu:ures and other things shall, on the date of vesting of the School under sub-section (1), stand transfeired to, and vested in, the Government free from all encumbrances. ·
4. On· vesting of the management of the School in tbe Government, tho Managing Committee, by whatever name called, in charge of the· management of the· affairs of the Schoel as on the date preceding the date of vesting, sbalJ be deemed to have been superseded and evory person holding any office thereof immediately before the d~tc of vesting shall be deemed to have vacated such office on the date of vesting.
1i.ntment 5. (J) The Government shall, as from the· app<!linted day, appoint any person or 'mini- officer as Administrator to manage the affairs of the School for and on behalf of the t aod Government until an aUernative arrangement is made by the Government.· vcrs. .
No right to compen natiuo.
(2) The Administrator appointed under rnf>..section (I) shall, subject to the provisions of lhis Act and to the control of the Government, exercise the powers of the Managing Committee in relation to the School.
(3) The Government may, from time to time, give such directions to the Administrator as it may deem fit for the proper management· of the affairs of the School and the Administrator shalJ in exercise of bis powers under this Act, comply with such directions.
6. No person, who is deprived of his right of management under section 3 ar ceases to bold office by reason. of the provision contained in section· 4, shall be entitled to any compenntion for such depri~tion of bis right of management or for sucb loss of office, as the case may be.
Delivery or 7. (l) Every person having, on the ·appointed day, in his. possessiol:J, custody. or possess!on of control, any assets-or properties as mentioned in sub-section (2) of section 3, including piiperties the documents and other papers relating thereto, shall forthwith deliver ~uch assets, ~~uments. properties, documents and other papers to the Administrator or any other officer as may b.e authorised by him in this behalf. . ·
(2) In case of non-delive1)' of possesskn of any assets, pcopertie;;, ciocuments or other papers under sub-section (1). the Gov~rnment ma)' take SL.ich necess;:;ry steps for.
secllring the possession thereof as it may deem fit. · AbsorPioa of · 8. All teaching and non-teaching emplo~ee:i in employment of the School as on employees. the _first day .of April, 1996, who have the requisite qualification for the posts respecti· vely held by them and whose appointments are within tile yardsrtck prescribed for similar Schools under the Government shall b~ deemed to have be~n absorbed in Government service as employees of the School il! tb.::ir respective posts with effect from the appointed day.
Act to haYc oYerridiag effect.
9. T4e provisions of this Act shall have effect notwithstanding anything io.consi stent therewith contained in any other law.
Protection of 10. No suit prosecution or other legal proceeding shall lie against the Government aet[on ta~ or any officer or other employee of the Government or the Administrator or aay i0 good faith. officer authorised by the Administrator for anything which is in good faith done or intended to be done under this Act.
Repeal and 11. (1) The Panchagada Ananga Narendra School of Education (Taking· over o"f Ori&la Ordi· savings. Management) Qrdinace, 1997 is hereby repealed. naace No. 1 of 195'7.
(2) Notwithstanding tbe repeal under sub-section (1), anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under this Act. · •