Amendment status not verified — confirm the current text below against the official source.
(1) Subject to the provisions of this Act and the Functions of rules made thereunder, the college committee shall have the college the following functions, namely :- committee and resvonsibility of educational (a) to carry on the general administration of agency under the private college excluding the properties and funds the Act. of the private college ; (b) to appoint teachers and other persons of the private college, fix their pay and allowances and define their duties and the conditions of their service ; and (c) to take disciplinary action against teachers and other persons of the private college. (2) The educational agency shall be bound by any- thing done by the college committee in the discharge of the functions of that committee under this Act. (3) For the purposes of this Act, any decision or action taken by the college committee in respect of any matter over which the college committee has jurisdiction shall be deemed to be the decision or action taken by the educational agency. '[CHAPTER 111-A. 14-A. (1) (a) Where the Government, on receipt of a Appointment report from the Director of Collegiate Education or other- of wise, are satisfied that the management of any privatc z ~ ~ ~ college,- (i) is responsible, whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) 1 This Chapter was inserted by. section 4 of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regu- lation) Amendment Act, 1982 (Tamil Nadu Act 48 of 1982), which was deemed to have come ~nto force on the 1st June 1981. k 574 Private Colleges (Regulation) [I97 : President's Act 19 Amendment Act, 1982, for the maladniinistration, lapses or irregularities of such private college ; or (ii) has neglected whether on or after the date of commencement of the Tamil Nadu Recognised Pri- vate Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982 to discharge any of the duties imposed on, or to perform any of the functions entrusted to such management by or under this Act, or any rule or order made or direction issued thereunder, the Government may, after giving to such manage- ment an opportunity to make representation and for reasons to be recorded in writing, by an order, suspend the management and appoint a special officer for a period not exceeding one year or till the reconstitution of the management (in accordance with the law applicable to the reconstitution of such management), whichever is later : Provided that in no case the maximum period of such suspension of management shall exceed two years irrespective of the reconstitution of the management in accordance with the law applicable to the reconstitution of such management : Provided further that, where the management of any minority college is suspended, the Government shall appoint zt special officer belonging to that minority which has been administering the said minority college immedia- tely preceding such suspension. (b) On the making o f an order under clause (a), suspending the management of a private college,- (i) the management shall cease to discharge the duties imposed on, and to perform the functions entrusted to it ; and I (ii) the special officer- 1 (A) shall take all such stips as may be neces- sary to efficiently manage and run the private college in accordance with any law applicable to the private college in so far as such law is not inconsistent with this Act ; and (B) may afford such special educational faci- lities as were immediately before the making of the order under clause (a), afforded at the private college. 1976 : President's Act 191 Private Colleges (~egu!ation) 575 Explanation.-In item (A) of sub-clause (ii) of clause (b), the expression " law " includes any bye-law, rule, regulation, custom, usage or instrument having the force of law. (c) Where the Government are satisfied that the manager alone is, whether on or after the date of comment+ merit of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amend- ment Act, 1982, responsible for the lapses or irregularities of the private college, action shall be taken against him by the management, as recommended by the Govern- ment. (2) The Government may, for reasons to be recorded in writing, by an order declare a person to be unfit to be the manager of-a private college after giving to such person an opportunity of making his representation against such declaration and under intimation to the management and on such declaration the person aforesaid shall cease to be the manager of the private college and the manage- ment of such private college shall nom-nate another person as a manager in his place. (3) Eor the removal of doubts it is hereby declared that any wilful failure or wilful negligence on the part of a management to take action against the manager as required under clause (c) of sub-section (1) or to nominate another person as manager under sub-section (2) shall constitute an act of maladministration and action shall be taken against the management of private college under this Act accordingly. Explanation.-For the purposes of this Chapter,- (a) " management " includes the college committee or any person, body of persons, committee or any other governing body, by whatever name called, in whom the power to manage or administer the affairs of a private college is vested : Provided that the Board of Trustees, or governing body of Wakf Board, by whatever name called, consti- tuted or appointed under any other law for the time being in force relating to the charitable and religious institu- tions and endowments and wakfs, shall be deemed to be a management for the purposes of this Chapter ; i $76 Private Colleges (Regufation) [I976 : President's Act 19 I I (b) " manager " means the secretary, or any person holding office as president, manager or correspondent of a private college, who is managing or administering the aralrs of such private college ; (c) " private college " includes a minority college. (4) Sub-sections (1) and (2) shall apply to a minority college, in so far as they are not repugnant to clause (1) of Article 30 of the Constitution. Sveclal ApP?' to 14-B. (1) Any person aggrieved d y an order bassed Tribunal. by the Government under section 14-A may, within one month from the date of receipt of such order, prefer an appeal to the Special Tribunal consisting of two Judges of the High Court nominated from time to time by the Chief Justice in that behalf : Provided that the Special Tribunal may in its discretion allow further time not exceeding one month for the filing of such appeal. 1 (2) The members of the specia\ Tribunal shall hear the appeal on all points whether of law or of fact. Where on any such point or points the members are divided in their opinion they shall state the point or points on which they are so divided and such point or points together with their opinion thereon shall then be laid before one or more judges nominated for the purpose by the Chief Justice and such Judge or Judges shall hear the appeal in so far as it relates to such point or points, and on each such point, the decision of the majority of the I Judges who have heard the appeal including those who first heard it shall be deemed to be the decision of the Special Tribunal. I (3) The Special Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908) when hearing an appeal. (4) Every order made by the Special Tribunal under this Act shall be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court. (5) The decision of the Special Tribunal shall be final.] I hLCHAPTER IV. TERMS AND CONDITIONS OF SERVlCE OF TFJACHERS AND OTHER PERSONS EMPLOYED IN PRIVATE COLLEGS,