Rajasthan Non-Government Educational Institutions Act, 1989
No: 16 Dated: Jun, 04 1992
Rajasthan Non-Government Educational Institutions Act, 1989
Act No. 19 of 1992
An Act to provide for better organisation and development of education in the Non-Government educational institutions in the State of Rajasthan.
Be it enacted by the Rajasthan State Legislature in the Fortieth Year of the Republic of India as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement.— (1) This Act may be called the Rajasthan Non-Government Educational Institutions Act, 1989.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date' as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of the Act and any reference to the commencement of this Act in relation to any provision thereof shall be construed as a reference to the date on which that provision comes into force.
2. Definition.— In this Act, unless the context otherwise requires,—
(a) "aid" means any aid granted to a recognised educational institution by the State Government;
(b) "Aided institution" means a recognised institution which is receiving aid in the form of maintenance grant from the State Government;
(c) "Board" means the Board of Secondary Education, Rajasthan or the Central Board of Secondary Education, Delhi and shall include the Council for the India School Certificate Examinations;
(d) "compensatory allowance" means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed and shall include a travelling allowance but shall not include a sumptuary allowance nor the grant of a free passage to or from any place outside India;
(e) "Competent Authority" means any officer or authority authorised by the State Government, by notification, to perform the functions of the competent authority under this Act for such area or in relation to such class of recognised Non-Government educational institutions as may be specified in the notification;
(f) "Director of Education" means, —
(i) in 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,
(ii) in relation to the institutions of Sanskrit education, the Director of Sanskrit Education, Rajasthan,
(iii) 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 (i), (ii) and (iii), the Director of Primary and Secondary Education, Rajasthan;
Explanation— 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 this Act;
(g) "District Education Officer" includes, in relation to girls' institutions, the District Education Officer (Girls) and also any other officer authorised by the State Government to perform the functions of such an officer;
(h) "Educational society" or "educational agency" means any trust, person or body of persons permitted to establish or maintain a recognised non-Government educational institution;
(i) "employee" includes a teacher and every other employee working in a recognised institution;
(j) "existing institution" means any recognised institution established before the commencement of this Act and continuing as such at such commencement;
(k) "Head of an institution" means the Principal Academic Officer, by whatever name called, of an institution;
(l) "institution" includes all movable and immovable properties pertaining to an educational institution;
(m) "Joint Director" or "Deputy Director" includes an officer authorised by the State Government to perform the functions of a Joint Director or Deputy Director;
(n) "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;
(o) "management" or "managing committee", in relation to any institution, means the committee of management constituted under Section 9 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;
(p) "non-Government educational institution" means any college, school, training institute or any other institution, by whatever name designated, established and run with the object of imparting 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 the educational, cultural or physical development of the people in the State and which is neither owned nor managed by the State or Central Government or by any University or local authority or other authority owned or controlled by the State or Central Government;
(q) "recognised institution" means a non-Government educational institution affiliated to any University or recognised by the Board, Director of Education or any office authorised by the State Government or the Director of Education in this behalf;
(r) "salary" means the aggregate of the emoluments of an employee including dearness allowance or any other allowance or relief for the time being payable to him but does not include compensatory allowance;
(s) "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;
(t) "State Government" means the Government of the State of Rajasthan;
(u) "teacher" means a Professor, Reader or Lecturer and any other person, by whatever name designated, imparting instruction or training or conducting and guiding a research or training programme in a non-Government educational institution and includes the Head of the institution; and
(v) "University" means a University established by law in the State of Rajasthan.