Amendment status not verified — confirm the current text below against the official source.
(1) If, on recept of a report from the management competent auth )rity or uthecwise, the G~vernment ofprivate are sat~sfied th%.t the educational agency of any college. private cnllege h-ic neglected to discharge any of the duties impxed on, or to p:rform any of the functions entrusted co, that agency by or under this Act or any rule or order made or direction issued thereunder and that it is expedient in the interest of collegiate edu- cation to take over the manage ent of such private college, the Government may, Ty order in writing, take over the management of such private college : 1 [ Provided that the Government shall not initia?e any proceeding under this section to take over the management of any private college unless s o v i s o was added by section 5 (i) of the Tamil Nadu ~ecognised Private Schools (Regulation) and hivate Colleges (Rqgulation) Amendment Act, 19&2 (Tamil Nadu Act 48 of 1982) ~ h c h was deemed to have come Into force on the 1st June 1981. 1976 : President's Act 191 Private CoIIeges 583 (Regulation) they are satisfied that suspension of the management under sectlon 14-A will not be sufficient.l (2) Before making an *order under sub-section (I), the Gavernment shall give the educational agency an opportilnity of making its representations. (3) Any order made under sub-section (l), shall have effect unless it is cancelled earlier for such period as may be specified in the order: Provided that the period so specified shall not; in the first instance, exceed two years but may, by a like order, be extended from time to time, by any period not exceedrng one year at any one time, if it appears to the G~vernment that the interest of collegi- ate education require such extension, so, however, that no such order as so extended ahall, in any case, remain in farce for more than [ six years ] in the aggregate. (4) On the making of an order under sub- section (1) taking over the management of a private college,- (a) the educational agency and the college shall cease to discharge the duties imposed on, and to perform the functions, entrusted to, that agency and that committee ; and (b) the Government- (i) shall take all such steps 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 inconsistant with this Act and the rules made thertunder and to take into the custody or control of the Government all the property, effects and actionable claims to which the private college is or appears to be entirled, and all the property and effects of the private college shall be deemed to be in the custody of the Government as on and from the date of the order; [ * l2 - - -- 1 ~ h i s expression was substiluted by section 5 (ii) of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation). Amendment Act, 1982 (Tamil ~ a d u Act 48 of 1982), which was deemed to have come into force on the 1st June 1981 for the expression "ten years" which in turn was subsituted for the words "five years" by section 2 (1) of the Tamil Nadu Private Colleges (Regulation) Amendment Act, 1'80 (Tamil Nadu Act 2 of 1981). a The word "andy' was omitted by sectioa 2 (2) (a) of the Tam 1 Nadu Private Colleges (Regulation) Amendment 1980 (Tam11 Nadu Act 2 of lgsl), which was deemed have come into force on the 21st November 1975. 584 Private Colleges [lW6 : President's Act 19 (Regulation) '[(i-A) shall not be bound by any liability incurred by the educational agency of a private college prior to the taking over of the management of the private college (including any borrowing from any person, or payment to the teachers and other persons employed in the private college or to any other person) and no claim in respect of such liability shall be enforced by any court whether in execution of a decree or otherwise against the Government : Provided that in computing the period of limitation for a suit, or any application for the execution of a decree, the time during which such proceeding, attachment, injunc- tion, order or claim the enforcement of which is barred under this sub-section shall be excluded. (i-B) may realise income from endowments and other receipts due to the private college; and] (ii) may afford such special educational facilities as were, immediately before the making of the order under sub-section (1) afforded at the private college. Explanation.-In sub-clause (i) of clause (b), the expression "law " includes any by-law, rule, regulation, custom or usage. (5) If at any time it appears to the Government that the purpose of the order made under sub-section (1) has been fulfilled or that for any other reason, the order shall be cancelled, the Government may, by order in writing, cancel the order made under sub-section (I) and on such cancellation, the maintenance and management of the private college shall stand restored to the educational agency. (6) Any person aggrieved by any order of the Govern- ment undei this sectizmav prefer an avpeal against such - A L A - order to the Tribunal. (7) This section or any order made thereunder shaIl have effect notwithstanding anything contained in any other law for the time being in force or in any deed, document or instrument having effect by virtue of such other law. 1 These sub-clauses were inserted by section 2 (2) (b) of the Tamil Nadu Private Colleges (Rebulat~on) Amendment Act, 1980 (Tamil Nadu Act 2 Of 1981), which was deemed to have come into force on the 21st November 1975. W6 : President's Act 191 Private Colleges 58 5 (Regulation)