(1) No private educational institution shall, after the commencement of this Act, be established or upgraded except in accordance with the previous permission of the Government.
(2) While granting permission the Government shall have due regard to the following matters, namely :-
(a) there is need for such facilities in the locality,
(b) financial capacity of the applicants,
(c) health and hygiene of the place,
(d) provision for adequate buildings, playground and other necessary equipment.
(e) availability of able or qualified teaching staff, and
(f) any other matter as the Government thinks fit to grant permission.
(3) While granting recognition to the minority managed educational institution, the instruction issued by the Department of Education, Ministry of Human Resource Development will be kept in view as far as practicable depending upon local condition.
5.
Covornment ttistttuuons.
appointment and retno val of Manager.
institution has applied for recognition within the tirne specified above and its application has not been finally disposed of by tile authority, whichever is later.
(2) No such institution Sl1811be run after the application for recognition is rejec[p.d.
9. The Government may, for the purpose of implementing the provisions of this Act, provide adequate tacilities for imparting general education. technical education, special education and teacher education in H1e State of Sikkirn by :-
(a) establishing and maintaining educational institutions, and
(b) permitting any statutory body or local authority, person or body of persons to establish educational institutions and maintain them according to such standards and specification as may be specified in the Official Gazette.
10 (1) All the educational institutions in the State shall appoint a person as Manager who Sl1311be responsible to tile authorities under this Act for implementation of all orders, directions and notifications issued in accordance with tile provisions of this Act and rules made thereunder',
(2) Such appointment shall be notified to tile Director of Education within three months from the date of commencement of this Act.
(3) If any institution tails to notify such appointment within the specified period, tile District F':ducatlon Officer shal: notify any member of the teaching staff of an institution to be the Manager of that institution,
(4) If the Director is satisfied thC1ta Manager is responsible for lapses of Implementing the orders. directions and notifications issued under this Act and rules made ther oundor. or has become unfit to be continued as a Manager, he shan, after giving him an opportunity for making a represen tation, disqualify him to be continued as a Manager.
(5) Upon receipt of orders from the Director under sub-section (4), tile management of said educational institution shall remove such person from the post of Manager and make a fresh appointment in that place.
(6) .f'... Manager so disqualified shall not be entitled to be nominated as a Manager for a period of tive years from the date of such removal.
Duties 01' Manager. 11. (1) Tile Manager appointed under section 10 shall be responsible for managing and conducting the affairs of the educational institution in accordance with the directions, orders, and notifications issued by the authorities under this Act and rules made thereunder and maintaining properties of the said institution in proper and good condition.
(2) It shall be the duty of the Manager to maintain registers and records as oirected by the Directors.
(3) Tho Mana~Jer shall afford all assistance for inspection as and when required by the autnorities under this Act.
(4) Tile Manager shall submit a report at the end of every academic year to the Director giving particulars of tile movable and immovable properties, income and expenditure and details of the activities of the institution both curricular and extra-curricular dl)l'in~J the academic year, 12,(1) f'.lotwithstanding anything contained ill any other law for the time being in terce. no sale, mortgage, lease, pledge, gift, charge or transfer of possession in respect of propertv of a private or special institution shall be made Hestriction of alienation of Property.
5 or created without the previous permission in writing of the Director of Education on the application made in this behalf.
(2) The Director, on receipt of such application for permission, shall pass orders within three months and give reasons in case of rejection of the permission.
(3) Any sale, mortgage, lease, pledge, gift, charge or transfer of possession in respect of property so made in contravention of the provision of this section shall be null and void.
CHAPTER - IV GRANT OR GRANT-IN-AID Grant or Grant-in- 13.
aid.
(1) The Government shall, within the limits of its economic capacity, set apart a sum of money annually for being given as grant or grant-in-aid to educational institutions other than those run by the Government which are recognised under this Act.
(2) The Government may.in cases in which it thinks fit, sanction grant or grantin-aid to recognised educational institutions and authorise the Director by general or special order for disbursing the grant or grant-in-aid as per the guidelines issued by the Government in this behalf.
(3) Every application for sanction of the grant or grant-in-aid shall be made to Government in the prescribed form signed by the Manager alongwith the annual report of the educational institution.
(4) The decision of the Government to grant or reject the grant or grant-in-aid shall be final and binding on the educational institution.
(5) Notwithstanding anything contained in this Act, the Government may, after such enquiry as it may deem fit, withhold or reduce or withdraw any grant or grant-in-aid payable to the educational institution for reasons to be recorded in writing. An order passed under this sub-section shall be final and binding on the educational institution.
(6) On the withdrawal of recognition, the grant-in-aid already paid to the institution shall be recovered from the institution as a public demand in accordance with the provisions of the Sikkim Public Demands Recovery Act, 1988.
(7) Every educational institution which has been recognised under this Act shall submit to the Director of Education the educational statistics annually in the form as may be prescribed. Failure on the part of any educational institution to submit the same may lead to withdrawal of recognition under this Act.
Accounts and Audit.
CHAPTER - V ACCOUNTS, AUDITS AND RETURNS 14, (1) Every educational institution receiving grant or grant-in-aid from State funds or from other sources shall maintain accounts in such manner and in such form as directed by the authorities under this Act.
(2) The accounts of every educational institution receiving grant or grant-inaid or moneys from other sources shall be audited at the end of every academic year by persons notified by the Director from time to time. After audit, the statement of accounts shall be submitted to the Director, 6 Inspection and Inquiry.
Taking over managem entlmanagement of educational institutions in public interest.