(a) These rules may be called The Rajasthan Non-Government Educational Institutions (Recognition, Grant-inaid and Service conditions ctc.) Rules, 1993.
(b) They shall extend to the whole of the State of Rajasthan.
(c) They shall come into force from such date. 1 as the State GOvernment may specify by a notification in the Official Gazette.
Rr.1-2
2. Definitions.,- In these rules unless the context otherwise requires, -
(a) Act" means the Rajasthan Non-Government Educational Institutions Act, 1989;
(b) “Affiliated Institutions" means a Non-Government educational institution affiliated to any University established by law in the State of Rajasthan;
(c) “Aided Institution" means a recognised institutions, which is receiving regular aid in the form of maintenancc grant from the State Government;
Explanation - If any part of an institution, rcccives maintenance grant, the entire institution shall be treated as aided institution irrespective of whether any other part of the institution is or is not covered by the aid.
(d) *Board" means the Board of Secondary Education, Rajasthan;
(e) "Compensatory Allowance" means an allowance granted to meetpersonal expenditure necessitated by the special circumstances inwhich duty is performed and shall include a travelling allowancebut shall not include a sumptuary allowance nor the grant of afree-passage to or from any place outside India;
() "Comnpetent Authority" means any officer or authority, authorisedby the State Government, by notification, to perform the functionsof the competent authority under these Rules, for such area or inrelation to such class of recognised Non-Government educationalinstitution as may be specified in the notification;
(g) "Director of Education" means -
1. Came into force w.e.f. 01.04.1993, vide Notfn. No. F. 7(73) Edu/Gr-6/74, datea27.03.1993, published in Raj. Gaz. Extordy. Pt. IV-C(I), dated 30.03.1993.
R.2 Raj. Non-Govt. Educational Institutions Rules, 1993 44 ) n relation to Degree and Post-Graduate Colleges and educational institutions of equal or higher studies other than institutions of Sanskrit and Technical Education, The Director of College Education, Rajasthan, (i1) in relation to the Institutions of Sanskrit Education the Director of Sanskrit Education, Rajasthan,
(ii) in relation to the institutions of Technical Education, the Director of Technical Education, Rajasthan,
(iv) in relation to schools and institutions other than those referred to in sub-clauses ), (ü) and (ii) the Director of Primary and Secondary Education, Rajasthan;
Bxplanation - The Director of Education shall include any other officer authorised by him to perform all or any of the functions of the Director of Education, under these Rules;
(h) "District Education officer" includes, in relation to Girls Institutions, the District Education Officer (Girls) and also any other officer authorised by the State Government toperform the functions of such an officer;
() “Educational Society" or "Educational Agency" means any trust, person or body of persons permitted to establish or maintain a recognised non-Government Educational Institutions;
(6) “Employee" includes a teacher and every other employee working in a recognised institution;
(k) "Existing Institution" means any recognised institution established before the commencement of the Act and continuing as such at such commencement;
(1) "Grant-in-Aid" means any aid granted to a recognised Non Government Educational Institution by the State Government;
(m) "Head of an Institution" means the Principal Academic Officer, by whatever name called, of an institution;
(n) Institution" includes all movable and immovable properties pertaining to an educational institution;
(o) 4Joint Director" or "Dy. Director" includes an officer authorised by the State Government to performn the function of a Joint Director or Dy. Director;
(p) Maintenance Grant" means such recurring grant-in-aid to an institution, as the State Government may, by general or special order, direct to be treated as such grant;
(g) "Management" or "Managing Committee" in relation to any institution, means the committee of management constituted under section 9 of the Act and includes the Secretary or any other person by whatever name designated, vested with the authority to manage and conduct the affairs of the institution:
45 Haj. Non-Govt. Educational Institutions Rules, 1993 R.2
(r) "Non-Government Educational Institution" means any college, school, training institute or any other institution, by whatever name designated, established and run with the object ofimparting education or preparing or training students for obtaining any certificate, degree, diploma or any academic distinction recognised by the State or Central Government or functioning for educational, cultural or physical developmentof the people in the State and which is neither owned nor managed by the State Central Government or by any University or Local Authority other authority owned or controlled by the State or Centrol Government;
(s) "Recognised Institution" means a Non-Government Educational Institution affiliated to any University or recognised by the Board.
Director of Education or any officer authorised by the State Government or the Director of Education in this behalf;
(t) Salary" means the aggregate of the emoluments of an emplovee including Dearness Allowance or any other allowance or relief for the time being payable to him but does not include compensatory allowance;
(u) "Sanctioning Authority" means an officer authorised by the State Government to sanction aid to such recognised educational institutions as the State Government may specify from time to time, in accordance with the procedure to be prescribed;
(V) State Government" means the Government of the State ofRajasthan;
(w) "Teacher" means a professor, Reader or Lecturer and any otherperson, by whatever name designated, impairing instructions or training or conducting and guiding a research or trainingprogramme in a non-Government educational institution andincludes the Head of the institution; and
(x) "University" means a University established by law in the State ofRajasthan.
(ca) "ffy4" IT rHROrT stecs iveT 3rfaf, 1989 R.2 Raj. Non-Govt. Educational Institutions Rules, 1993 46 47
(u) () Raj. Non-Govt. Educational Institutions Rules, 1993 R.2 R.3 Raj. Non-Govt. Educational Institutions Rules, 1993
CHAPTER-II JRECOGNITION, IT'S REFUSAL AND WITHDRAWAL FOR INSTITUTIONS OTHER THAN THOSE IMPARTING ELEMENTARY EDUCATION (CLASSES I TO VIII)) 3- II
3. Recognition of Institutions,- (1) Every institution except those affiliated to a University or recognised by the Board .2 (or imparting elermentary education from Class I to VIII] seeking recognition must be registered under the Rajasthan Societies Registration Act, 1958.
48
(2) Except in the case of institutions which are either affiliated a University or recognised by the Board, (or imparting elementary education from Class I to VII] the Competent Authority as specified in Appendix - I may, on an application made to it in the prescribed Form (Appendix – 1), recognize a Non-Government Educational Institution on fulfillment of such terms and conditions as prescribed hereafter.
(3) Every application for recognition of an institution shall be entertained and considered by the competent authority and the decision thereon shall be communicated to the applicant within the period as prescribed hereafter.
1, Substituted by Notfn. No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011.
2. Inserted by Notfn. No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011.
Inserted by Notfn. No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011.
qRYA HH# : 4. 3(4) fRrHT.5/94, fHi# 10.03.1995 (uYA : 10)|
15.02.2002 (YR4A: 134) | i, ay–yfya HE:4. 19(9) freL.5/93, fei# 20.05.1999 (uRya: 76) I fay- yfRyHIp : 4. 19(9) RreIT-5/2000, f&iq5 30.04.2001 (uff4a: 123) | bHÍo :
4. 181) fRTT-5/2001, fi# 28,09,.2001 (4Rya : 132)| yfrHjo : 4. 18(3) frT.5/2001, fTiE 49 Raj. Non-Govt. Educational Institutions Rules, 1993
4. Kinds of Recognition,- Recognition may be of two kinds - () Temporary recognition;
(ii) Permanent recognition.
(i) Temporary Recognition - Any educational institution submitting an application for recognition of a school/college/library/research institute or training school supported by an affidavit verifying thecorrectness of the facts mentioned therein may be given temporary recognition.
R.4 (ü) Permanent Recognition- A non-Government educational institutionshall be eligible for permanent recognition, if it complies with thefollowing conditions :
(a) After having been granted temporary recognition, theinstitution seeking permanent recognition, must have workedsatisfactorily fulfilling the terms and conditions, as specified inAppendix-II, for atleast three years from the date of suchtemporary recognition;
(b) The management has promptly complied with the provisions of these rules and orders/directions or instructions issued by theDirector of Education/State Government and in submitting allnecessary information asked from it from time to time;
(c) The student have shown satisfactory examination results;
(d) The institution complies with the minimum physical/ financialnorms and other conditionas laid down in Appendix-II.
yfryA HÍF : 4. 109) fTT-5/97,fi# 09.09.1997 (ufR4a : 23) | hHj# : 9. 15(1) ReT-5/94-4e, fio 05.11.1997 (yffya:26)| yfRyA Hjc# :4. 109) frEI-5/97,fe-ii5 03.12.1997 (uRYA:32)| qfry HF : 4. 19(9) fTT-5/93, f# 29,06.2000 (ufra: 102) | 5H À, yrya HcF : 4 19(9) freT-5/93, feio 03.07.2000 (yfya: 103) | R. 5 S.
Raj. Non-Govt. Educational Institutions Rules, 1993 () 3rert ;
5. Procedure for Recognition,- (1) The educational institutions, except those affiliated to any University. or recognised by the Board, .
(or imparting elementary education from Class I to VIII] willing to get recognition, shall submit an application in the prescribed Form (Appendix – I) to the competent authority as specified in Appendix - II, provided if fulills all terms and conditions as laid down by the Government fron time to time.
No.
() 3RT HI
(2) The institution shall submit its application to the Competent Authority latest by 28th February.
1
(3) The Competent Authority shall maintain a register of all.
applications received in the following proforma :
Date Name of Institution Date of 2 3 Inspection 4 50 Name and Designation of Inspection Officer L. Inserted by Notfn. No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011.
5 51 Raj. Non-Govt. Educational Institutions Rules, 1993 Findings of Inspection report 6 Decision of the competent authority 7 Signature of the Competent authority
(4) The competent authority shall complete the scrutiny of all the applications so received latest by 31st March and arrange for inspection by a party comprising - () (a) Director of Education or its nomináted gazetted officer, or
(b) Competent authority as per Appendix – III;
Remarks
(ii) One Educationist having regard to the status of the institution:
(ii) The Head of the Account Branch of the office of the competent authority.
(5) The Inspecting Party shall inspect the institution keeping in mind the prescribed norms and conditions prescribed in Appendix - Il and submit its report latest by 30th April to the competent authority, who shal, by 15th May, ask for the additional information, if any, required from the institution.
R. 5
(6) The Inspection Party shall record a clear recommendation with reference to each of the prescribed terms and conditions and give its recomnendations for continuance of temporary recognition or permanent recognition as the case may be.
(7) The Institution shall furnish the required information as envisaged in (5) above to the Competent Authority latest by 15th June.
(8) The competent Authority shall inform the institution concerned of its final decision, under registered post latest by 30th June.
(9) The Competent Authority shall also arrange for inspection of the institutions from time to time for supervision over the activities and functions of the institutions and record its findings on the file maintained for the purpose.
vfya Ha 4. 15(1) RT-5/94 , feaia 19.11.1997 (fya : 31) I uRYA HHs :4. 19(9) freT-5/93, feiico 21.02.1998 (uftya: 41)| q5. 19(9) fr-5/93, fei 11.12.1998 (ufRya : 66) | :4. 18(3) fRreT-5/2001, feis 09,05.2001 (uR4a: 127)| R. 5 A.
1 6 2 Raj. Non-Govt. Educational Institutions Rules, 1993 3 7 4 8 5 9 52 53 S.
No.
Right to establish an educational institution - Does not carru te a right to recognition or a right to receive grant-in-aid - Grant of aid Conferment of recognition is the prerogative of State and the State may contrel Such rights by proper regulatory mcasurcs stautory or executive - Authorities entitled to grant recognition/affiliation are entitled to insist upon observance of such conditions as arc appropriate to cnsure education of requisite standard. M. G. D. Girls School & Anr. Vs. Education Tribunal & Anr 1995(1) WLC (Raj.) 99.
1.
6. Appcal against refusal' of Recognition.- (1) Where recognition to an institution is refused .[under the provisions of this Chapter] any person aggricved by such refusal may refusal, prefer an appeal against such refusal to the appellate authority as stated below i |2.
3.
4.
5.
Raf. Non-Govt. Educational Instituttons Rules, 1993
7.
1 COMMENTS Authority against whose orders appeal has been preferred 2 Inspector, Physical Education District Education Officer Dy. Director, Social Education Director of Primary & Sece.Idary Education, Bikaner Director of Sanskrit Education University Board of Secondary Education R.6 Competent Appellate Authority 3 Director of Primary and Secondary Edu. Bikaner |Joint/Deputy Director Education Director of Primary and Secondary Education, Bikaner Special Secretary to Govt. in Edu.
Deptt.
Special Secy. to Govt. in Edu.
Deptt. or his nominee, not below the rank of Dy. Secretary in case of Sanskrit School Vice Chancellor Education Secretary (P & S) or his |nominee, not below the rank of Dy.
Secretary
1. Inserted by Notfn, No. F. 8(29) Edu. 5/EE/2009, dated 21.06.2011.
R. 6
(2) The memorandum of appeal shll contain full facts of the case and shall be accompanied witlh attested copy of order appealed against and other relevant documents in support of the appcal.
1.
(3) On receipt of an appeal, the appellate authority shall promptly call for the relevant records from the authority, who refused recognition and after examination of such record and giving an opportunity of being heard to the appellant the Appcllate Authority shall confirm, modify or reverse the order appealed against and his decision thercon shall be final. The said decision shall forthwith be communicated to the appcllant.
2.
|3.
5.
Raj. Non-Govt. Educational Institutions Rules, 1993 1
6.
|4. IH, HTfAF 3tr
7.
2 favafaurc 54 3 55 Raj. Non-Govt. Educational Institutions Rules, 1993 R.7