THE ORISSA AIDED EDUCATIONAL INSTITUTION (APPOINTMENT OF TEACHERS VALIDATION) ACT, 1981
[For Statement of objects and reasons see Orissa Gazette Extraordinary, dated the 21st September, 1981 (No.1221).]
ORISSA ACT 27 OF 1981
[Received the assent of the Governor on the 20th October 1981, first published in an extraordinary issue of the Orissa Gazette, dated the 24th October 1981]
AN ACT TO VALIDATE THE APPOINTMENT OF CERTAIN TEACHERS OF AIDED EDUCATIONAL INSTITUTIONS IN THE STATE OF ORISSA
Be it enacted by the Legislature of the State of Orissa in the Thirty-second Year of the Republic of India, as follows:-
Short title.
1. This Act may be called the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Act, 1981.
Definitions.
2. In this Act, unless the context otherwise requires:-
(a) “aided college” means an aided educational institution which is a college.
(b) “aided school” means an aided educational institution which is a school
Orissa Act 15 of 1969.
(c) “Education Act” means the Orissa Education Act, 1969;
(d) “Managing authority” means the managing Committee or the Governing Body, as the case may be, of an aided educational institution;
(e) “Selection Board” means the Selection Board constituted under the Education Act;
(f) Words and expressions used in this Act, but not defined herein, shall have the same meaning as assigned to them respectively under the Education Act or under the Rules and Regulations framed thereunder.
Validation of certain appointments.
3. Notwithstandinganything contained in the Education Act or in the Rules and Regulations framed thereunder;-
(a) graduate teachers, intermediate and matriculate teachers, physical education teachers and classical teachers of aided schools appointed by the managing authorities of such schools on ad hoc basis on or after the 1st December, 1976 who are continuing as such teachers validly and lawfully and [Substituted by the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Amendment Act, 1983 (Orissa Act 26 of 1983)s.2(i)] [have service as such teachers for a period of atleast one year without any break or with a break or breaks in one aided school or in more than one aided schools to their credit] by the 1st March 1981;
(b) lecturers of aided colleges appointed by the managing authorities of such Colleges on ad hoc basis on or after 1st December 1976 who are continuing as such lecturers validly and lawfully and [Substituted by ibids.2 (ii).][have service as such lecturers for a period of atleast one year without any break or with a break or breaks, in one aided college or in more than one aided college to their credit] by the 1st March 1981; and
(c) lecturers appointed validly and lawfully in aided Colleges after the termination of their ad hoc appointments in Government Colleges who have continuous service as lecturers in Government Colleges for a period of atleast one year to their credit by the 1st March 1981;
Shall, for all intents and purposes, be deemed to have been validly appointed and no such appointment shall be liable to be challenged in any Court of law merely on the ground that the appointment was made otherwise than in accordance with the procedure prescribed by the Education Act and the Rules and Regulations framed thereunder;
Provided that validation of the appointments as aforesaid shall not put persons appointed as teachers or lecturers, as the case may be, during the period between the 1st December 1976 and 1st March 1981 on the basis of recommendations of the Selection Board in a disadvantageous position in any manner whatsoever.
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