The Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976
(Bihar Act 30 of 1976)
jhr167
Published in the Bihar Gazette (Extraordinary) dated 6.2.1976.
An Act to provide for the taking over of Non-Government Elementary Schools under the State control for better organisation and development of elementary education in the State of Bihar.
Be it enacted by the Legislature of the State of Bihar in the Twenty-seventh Year of the Republic of India as follows:-
- Short title, extent and commencement.- (1) This Act may be called the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976.
(2) It extends to the whole of the State of Bihar.
(3) it shall be deemed to have come into force with effect from the first day of January, 1971.
- Definitions.- In this Act, unless there is anything repugnant in the subject or context,-
(a) "Elementary school" means a school of different grades up to class VII and includes-
(i) a school established and administered by the District Board and Zila Parishad under the provisions of the Bihar and Orissa Local Self-Government Act of 1885 (Bengal Act 3 of 1885).
(ii) a school established and administered by the Municipal Board under the provisions of the Bihar and Orissa Municipal Act, 1922 (B. & O. Act VII of 1922).
(iii) a school established and administered by the Patna Municipal Corporation under the provision of the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of 1952).
(b) "Minority Elementary School" means a school administered by a linguistic or religious minority as envisaged in clause (i) of Article 31 of the Constitution and which has been in receipt of Government grant prior to its being taken by the State Government;
(c) "Aided Elementary School" means a private school which has been in receipt of Government grant prior to its being taken over by the State Government and which is administered by a Managing Committee.
(d) "Unaided Elementary School" means a private school recognised by the Government and which is not in receipt of any Government grant.
- Taking over of Non-Government Elementary Schools by State Government.- (1) Elementary schools managed by the District Board, Zila Parishad, the Municipal Board, and the Patna Municipal Corporation, and those opened under the Expansion and Improvement scheme shall be deemed to have been taken over by the State Government with effect from the 1st day of January, 1971.
(2) Aided Elementary schools, the Managing Committees of which have handed over voluntarily the control of the school to the Government, shall be taken over by the State Government with effect from the date which shall be determined by the District Committee referred to in sub-section (4) for this purpose.
(3) Elementary schools administered by any public or private undertakings shall be taken over by the State Government by publication of a notification in the official gazette with effect from the date to be specified therein.
(4) (a) With regard to the taking over of Elementary schools other than those mentioned in sub-sections (1) and (3) there shall be a District Committee in each District which shall examine the feasibility of taking over of such schools by the State Government and which shall consist of the following members:
(i) Deputy Development Commissioner/Administrator, District Board - Chairman.
(ii) District Superintendent of Education - Secretary.
Members
(iii) District Education Officer,
(iv) District Inspector of schools,
(v) Sub-divisional Education Officer of the concerned subdivision, and
(vi) Deputy Inspector of schools concerned.
(b) The State Government may, from time to time make changes in the personnel of the District Committees so constituted.
- Consequences of taking over.- (1) All the assets and properties whether movable or immovable owned or possessed by the schools taken over by the State Government under section 3 including lands, buildings, documents, books and registers relating to the schools shall stand transferred to and be deemed to have come into the possession and ownership of the State Government.
(2) Every officer, teacher or other employee holding any office or posts in the school taken over by the State Government shall be deemed to have been transferred to and become an officer, teacher or employee of State Government with such designation as the State Government may determine and shall hold office by the same tenure, at the same remuneration and on the terms and conditions of service as he would have held before the taking over of the said school and shall continue to do unless and until such tenure, remuneration, terms and conditions of service are duly altered by the State Government.
(3) The service of employees of local bodies working on deputation in the office of the District Superintendent of Education, Sub-divisional Education officer-cum-Municipal Education Officer and those working in the education section of Patna Municipal Corporation shall be deemed to have been transferred to and taken over by the Government and such employees shall in case of their opting to Government service, be deemed to have become Government servants with effect from the date of enforcement of this Act.
- District Education Fund and Municipal Education Fund.- (1) There shall be created a District Education Fund and a Municipal Education Fund for the rural and urban areas of the District respectively wherein all Government grants and allotments for elementary education shall be credited and necessary expenditure shall be incurred out of the said Funds.
(2) For the Patna Municipal Corporation Area, there shall be a separate Fund, called the Patna Municipal Corporation Education Fund.
(3) The State Government may, if it thinks fit, by publication of a notification to the effect in the official Gazette, create only one Fund for the district, after unifying the District Education Fund, the Municipal Education Fund and Patna Municipal Corporation Education Fund.
(4) The State Government may, by a notification published in the official Gazette abolish or supersede the District Education Fund, the Municipal Education Fund or the Patna Municipal Corporation Education Fund and may lay down some other procedure for incurring expenditure under different heads of Elementary Education.
(5) Till some other alternative arrangements are made, the payments of salaries, allowances and other remuneration to teachers and expenditure on other items of Elementary Education shall continue to be made as before from the District Education Fund, the Municipal Education Fund or the Patna Municipal Corporation Education Fund, as the case may be.
(6) All amounts payable to the local bodies on account of salaries and allowances to the teachers of schools, amounts of deposits in their provident fund and all other amounts relating to elementary schools and credited to or deposited in the District Education Fund, the Municipal Education Fund or Patna Municipal Corporation Education Fund together with the balance amount available in these funds shall be deemed to have been transferred to the funds concerned.
(7) The District Superintendent of Education, the Sub-divisional Education officer-cum-Municipal Education Officer and Sub-divisional Education Officer, Patna Sadar shall respectively operate the District Education Fund, the Municipal Education Fund and the Patna Municipal Corporation Education Fund according to the order or rules of the State Government.
- Elementary Education Committee.- Opening of schools, their improvement, upgradation and other proposals relating to the expansion of Elementary Education shall be considered by the committee consisting of the following:-
(i) District Officer concerned or the Deputy Development Commissioner,
(ii) District Education Officer of the District concerned,
(iii) District Superintendent of Education of the District concerned.
(iv) District Inspectress of schools of the District concerned,
(v) Sub-divisional Education Officer of the concerned sub-division,
(vi) Four Legislators or Members of the Parliament to be nominated by the Government and three other members interested in Education belonging to the district.
The District Officer or the Deputy Development Commissioner shall be the Chairman and the District Superintendent of Education shall be the secretary of the committee and the committee shall transact its business in accordance with the rules prescribed by the State Government and orders issued by it from time to time. The proposals duly recommended by the Committee shall be sent to the Regional Deputy Director of Education for his approval.
- Power to make rules.- (i) The State Government may make rules not inconsistent with this Act for carrying out the purposes of this Act.
(ii) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before expiry of the session immediately following both the Houses agree in making any modifications in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
- Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such action or pass such order as appears to it necessary for the purposes of removing the difficulty.
- Repeal and savings.- (1) All provisions relating to Non-Government Elementary Schools under the Bihar and Orissa Local Self-Government Act of 1885 (Bengal Act III of 1885), The Bihar & Orissa Municipal Act, 1922 (Bihar & Orissa Act VII of 1922). The Patna Municipal Corporation Act, 1951 (Bihar Act XIII of 1952) and the Bihar Panchayat Samities and Zila Parishads Act, 1961 (Bihar Act VI of 1962) and any other enactment in force, at the time of enforcement of this Act shall stand repealed:
Provided that nothing in this repeal shall effect or be deemed to affect-
(i) any right, title, obligation or liability already acquired, accrued or incurred for anything done or suffered, in respect of the period immediately preceding this repeal;
(ii) any legal proceeding or remedy whether initiated or availed of before or after this repeal, in respect of any such right, title, obligation or liability.
Under the provisions of such enactments and all proceedings under them, in respect of all matters aforesaid shall be initiated and disposed of or continued and disposed of, as the case may be, as if this Act had not been enacted.
(2) (i) The Bihar Non-Government Elementary Schools (Taking Over of Control) Third Ordinance, 1976 (Bihar Ordinance No. 167 of 1976) is hereby repealed.
(ii) Notwithstanding such repeal, any thing done or any action taken in exercise of any power The Bihar Prohibition of Intoxicants Ordinance, 1979
(Bihar Ordinance No. 110 of 1979)
jhr214
Published in Bihar Gazette (extra-ordinary) dated 15.6.1979.
An Ordinance to provide for prohibition of consumption and possession of intoxicants in the State of Bihar.
Preamble. - Whereas, the Legislature of the State of Bihar is not in session;
And, Whereas, it is expedient to provide for prohibition of consumption and possession of intoxicants in the State of Bihar and to give effect to the Directive Principle contained in Article 47 of the Constitution of India;
And, Whereas, the Governor of Bihar is satisfied that circumstances exist which render it necessary for him to take immediate action to carry out the said policy;
Now Therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor is pleased to promulgate the following Ordinance: -
- Short title, extent and commencement.- (1) This Ordinance may be called the Bihar Prohibition of Intoxicants Ordinance, 1979.
(2) It extends to the whole of State of Bihar.
(3) It shall be deemed to have come into force on the 1st day of April, 1979.
- Definition.- In this Ordinance, unless there is anything repugnant in the subject or context: -
(a) "foreign liquor" means-
(i) beer and spirit, wines and liquors which have been imported into India and were liable, on such importation, to duty under the Indian Tariff Act, 1934 or the Sea Customs Act, 1878;
(ii) beer which has been brewed in India, or imported into India in a condensed form and afterwards converted into potable beer and on which excise duty has been imposed at the rate fixed by the State Government under section 27 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915);
(iii) spirit which has been made in India and has been sophisticated or compounded so as to resemble in colour and flavour whisky brandy, gin or rum;
(iv) wines and liquors which have been made in India and on which excise duty has been imposed at the rate fixed by the State Government under section 27 of the Bihar and Orissa Excise Act, 1915 (Bihar & Orissa Act II of 1915);
(b) "public place" for the purposes of this Ordinance means any place intended for use by, or accessible to, the public and shall include any public conveyance;
(c) "intoxicant" shall have the same meaning as in the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) but shall not include Bhang and Tari, and
(d) expressions used in this Ordinance but not defined herein shall have the same meanings as are respectively assigned to them in the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) or the rules made thereunder.
- Prohibition of consumption or possession of intoxicants.- Save as provided in this Ordinance no person shall possess or consume any intoxicant in the State of Bihar.
- Exceptions.- (1) Nothing in section 3 shall apply to-
(i) consumption or possession of-
(a) foreign liquor by members of the Defence Services within the premises of defence establishments;
(b) foreign liquor by foreign nationals holding passport and holding permits , issued by the Excise Commissioner or any other officer empowered by him in this behalf;
(c) foreign liquor by persons holding permits issued on grounds of health by the Excise Commissioner or any other officer empowered by him in this behalf;
(d) home-brewed pachwai by members of the Scheduled Tribes for domestic consumption:
Provided that no such person shall possess or consume such pachwai in a public place except on social or religious occasions;
(e) any intoxicant for industrial, scientific, educational, medicinal or religious purposes:
Provided that where any intoxicant is required in that form for medicinal or religious purposes by any person other than a licensee the limit of possession of such intoxicant shall be as may be prescribed by the Board of Revenue;
(f) denatured spirit for non-potable domestic use other than human consumption upto such limits as may be prescribed under the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915);
(ii) possession of-
(a) any intoxicant by travellers travelling through or staying in transit in any area of the State for not more than forty-eight hours;
(b) any intoxicant by any person holding a licence, pass or permit under the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) or any other law for the time being in force; and
(c) any intoxicant in transit consigned by rail, road, air or water from, to or through Bihar under permits issued by the Excise Commissioner or any officer authorised by him in this behalf.
(2) Notwithstanding anything contained in sub-clauses (a), (b) and (c) of clause (i) of sub-section (1) no person shall drink any intoxicant lawfully possessed by him in a public place.
(3) Possession of intoxicants under sub-clause (a), (b) and (c) of clause (i) and sub-clause (a) of clause (ii) of sub-section (1) shall be subject to such limits as may be prescribed by the Board of Revenue.
- Grant of exclusive privilege.- For the purposes of section 4, the State Government may grant to any person exclusive privilege of import, export, transport, manufacture, possession and sale of intoxicants in the manner laid down in Section 22 of the Bihar and Orissa Excise Act, 1915 (Bihar & Orissa Act II of 1915).
- Licences under the Bihar and Orissa Act II of 1915.- All export, import, transport, manufacture, sale and possession of intoxicants not prohibited under this Ordinance shall be in accordance with the provisions of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915), the rules made and the notifications issued thereunder.
- Seizure and surrender of intoxicants lawfully held on the 31st of March, 1979.- (1) All stocks of intoxicants lawfully held on the 31st of March, 1979 and seized or sealed in pursuance of the Excise Department Notification No. S.O. 566, dated the 27th March, 1979 shall be disposed of in the manner specified in section 8.
(2) All other stocks of intoxicants lawfully held on the March, 1979 but not already seized or sealed in pursuance of the notification No. S.O. 566, dated the 27th March, 1979 and the possession of which has been prohibited under this Ordinance shall be surrendered to the Collector of the district within such time as may be notified by the State Government, failing which it shall be liable to be confiscated without payment of any amount.
- Disposal of seized and surrendered stocks of intoxicants and payment for residual stocks.- (1) The Excise Commissioner may, on an application made to him in this behalf, within such period as may be fixed by the State Government, order disposal of stocks of intoxicants seized, sealed or surrendered under section 7 in any manner not prohibited under this Ordinance.
(2) On the expiry of the period fixed under sub-section (1) stock of intoxicants not disposed of shall vest in the State free from all encumbrances and there shall be paid to the lawful owners thereof a sum equal to the aggregate of the-
(a) duty paid, if any;
(b) transportation charges incurred, if any;
(c) cost of acquisition in respect of such stocks.
- Authorities to carry out the provisions of this Ordinance.- The authorities responsible for administration of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) shall be the authorities responsible for the administration of this Ordinance and all provisions of the said Act, the rules made and notifications issued thereunder relating inter alia, to search, seizure, confiscation, disposal, prosecution and appeal shall, mutatis mutandis, apply in respect of this Ordinance.
- Penalty.- Whoever contravenes any of the provisions of this Ordinance shall be liable to imprisonment for a term which may extend to one year or a fine which may extend to two thousand rupees or both:
Provided that no person shall be punished for contravention of any provision of this Ordinance between the 1st of April, 1979 and the date of publication of this Ordinance in the Official Gazette.
- Validation of action taken.- Notwithstanding anything to the contrary contained in any decree, judgement or order of any court, all action taken in pursuance of Excise Department notification No. S.O. 566 dated 27th March, 1979 shall be deemed to be valid and to have been taken under this Ordinance as if this Ordinance were in force on the day on which such action was taken.
- Over-riding effect of the Ordinance.- The provision of this Ordinance shall have effect notwithstanding anything contrary thereto in the Bihar and Orissa Excise Act, 1915, (Bihar and Orissa Act II of 1915).
- Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Ordinance, the State Government may, by order notified in the Official Gazette do anything which appears to be necessary for the purpose of removing the difficulty within two years from the date of commencement of this Ordinance, as occasion may require.
conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing or action was done or taken.
