Execution of Trust Deed or Agreement-Execution of an Agreement-Insurance of Buildings -RULE 103.1-104-SSCODE

                      CHAPTER IV

GRANTS-IN-AID

SALARY/NON-SALARY GRANT

SECTION II

                        BUILDING GRANT

Execution of Trust Deed or Agreement

 

103.1. No portion of building grant shall be paid to the management of a school unless and until they execute or agree to execute a trust deed or an agreement, as the case may be, in accordance with the requirements of the Rule 103.2 below. If, however, the building is erected on a site already covered by a trust deed, a receipt may be sufficient.

 

Execution of an Agreement:

 

103.2. If the total amount of building grant does not exceed Rs. 10,000 and the building is, in the opinion of the director of such a description that it is not worthwhile requiring the executions of a trust deed, the director may accept from the management a written agreement undertaking:

 

(a) To maintain the building in proper repairs;

 

(b) To manage the school in accordance with the rules and regulations of the department;

 

© To keep the school open for inspection by the Department;

 

(d) To use the buildings as a school devoted to secular education and not to loan it to or allow it to be used by any political body for purpose of meeting, propaganda, etc;

 

(e) To keep the building insured in the names if the management and the governor of Maharashtra jointly subject to the provisions of rule 103; and

 

(f) In the event of default by the management in respect of any of the preceding conditions, to repay on demand by the director the aggregate amount of all building grants paid by the government in respect of the school.

 

103.3 In every case the management shall execute a trust deed in such form as shall, from time to time, be approved by government, either generally or especially in this behalf embodying conditions regarding:

 

(a) The construction and maintenance of the building;

 

(b) The insurance of the building subject to the provision of Rule 103;

 

(c) The times at which and the installments in which the building grant shall be paid;

 

(d) The management and inspection of the school; and

 

(e) Such other matters as Government think necessary.

 

103.4. Provision shall also be made in every trust deed to the effect that in the event of default by the management in the performance of any of the conditions thereof;

 

(a) The building grant or so much of the same as not yet have been paid, shall lapse; and

 

(b) The aggregate amount of the building grant or grants, from time to time advanced by Government for the school shall be repayable to Government and (except in cases where the site is granted by private person on conditions that it should revert to him in the event of the site ceasing to be used for a school or any other conditions, which precludes a transfer to the governor of Maharashtra) the building site, if granted by government, may be resumed by it.

 

103.5. The building, if any, constructed on it may be entered upon and taken possession of, by government and may be used or disposed of, by government, at its discretion for educational or other purposes. Every trust deed shall be prepared at the cost of the management by the law officers of the government.

 

103.6. With reference to Rules 103.2 (f) and 103.4. (b) above, of government is satisfied that the school was closed through no default of the management, account may be taken of any depreciation in the value of building after expert revaluation, which will take account of the state in which the building has been maintained by the management, and a proportionate reeducation may be made in the amount to be claimed from the management. If the Government grant extends to the acquisition of a site, account may be taken, after expert revaluation of any enhancement in the value of the site, and the proportionate share in such enhancement may be operate as a set off, either total or partial, against the reduction to be made in the refund due in respect of the grant for buildings.

 

Insurance of Buildings

 

104. Building in respect of which a building grant has been given must be insured irrespective of its value, for a sum representing the value of all work above the plinth level including flooring, in the name of the school management and the governor of Maharashtra, jointly, provided that it shall not be necessary to insure a school building if the executive engineer certifies that, in his opinion, the risk of fire is not so great as to render insurance necessary.