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THE ORISSA AIDED EDUCATIONAL INSTITUTIONS (APPOINTMENT OF TEACHERS SECOND VALIDATION) ACT, 1978
THE ORISSA AIDED EDUCATIONAL INSTITUTIONS (APPOINTMENT OF TEACHERS SECOND VALIDATION) ACT, 1978
[For Statement of Objects and Reasons see Orissa Gazette, Extra-ordinary, dated the 8th September, 1978 (No. 1281).]
ORISSA ACT 27 OF 1978
[Received t0he assent of the Governor on the 3rd October 1978, first published in an extraordinary issue of the Orissa Gazette, dated the 7th October 1978]
AN ACT TO VALIDATE THE APPOINTMENT OF CERTAIN TEACHERS OF AIDED EDUCATIONAL INSTITUTIONS, BEING SCHOOLS, IN THE STATE OF ORISSA
BE it enacted by the Legislature of the State of Orissa in the Twenty-ninth year of the Republic of India, as follows:-
Short title and extent.
1. (1) This Act may be called the Orissa Aided Educational Institutions (Appointment of Teachers Second Validation) Act, 1978.
(2) It shall extend to the whole of the State of Orissa.
Definitions
2. In this Act, unless the context otherwise requires,-
Orissa Act 15 of 1969.
(a) “Education Act” means the Orissa Education Act, 1969;
(b) “managing authority” means the managing committee or governing body, as the case may be, of an aided educational institution;
(c) 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.
(d) 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 the appointment of certain teachers of aided schools.
3. Notwithstanding anything contained in the Education Act or in the Rules and Regulations framed thereunder, the appointment of teachers belonging to any of the categories specified in the Schedule, of aided educational institutions being schools, made by the managing authorities of such schools during the period between the 1st April, 1975 and the 1st December, 1976 with the approval whether prior or subsequent to the appointment of the concerned Circle Inspector of Schools in the case of High Schools and of the concerned Circle Inspector of Schools or District Inspector of Schools in the case of Middle English Schools, shall, for all intents and purposes, be deemed to have been validly made and no such appointment shall be liable to be challenged or questioned before any authority or 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 nothing in this section shall apply to any teacher so appointed if he had completed the age of fifty-eight years by the date of his appointment:
Provided further that in the case of teachers appointed during the aforesaid period against any leave vacancy or any vacancy caused on account of deputation of any teacher for training or against a post created for a specific period, the provisions of this section shall apply only to the period of leave or deputation or the specific period, as the case may be.
SCHEDULE
(See Section 3)
Orissa Act 10 of 1953.
1. Teachers who by the date of their appointment possessed the qualifications prescribed under the Education Act or under the Regulations made by the Board of Secondary Education constituted under the Orissa Secondary Education Act, 1953, as the case may be.
2. Teachers who were relieved prior to the 1st April, 1975 for undergoing training and have joined during the period between the 1st April, 1975 and the 1st December, 1976 after successful completion of training.
3. Teachers who were relieved during the said period for undergoing training and have joined after successful completion of training.
4. Teachers who are not trained but have acquired sufficient experience in teaching provided they get themselves trained within such period as the State Government may fix in that behalf.
