section 3
Power to take over management of Educational Institutions
The Haryana Private Educational Institutions (Taking Over of Management) Act, 1978Education197811 sections
Statutory text
- (1) Whenever the State Government, on receipt of a report from the [University concerned or State Board of Technical Education, Haryana as the case may be, or otherwise,] is satisfied that the managing committee or president of [educational institution] has—
- (a) neglected to perform or persistently made default in the performance of duties and functions imposed on it by the State Board of Technical Education, Haryana or by the Universities incorporated under the Haryana State Acts, or the statutes, ordinances or regulations made thereunder ; or
- (b) failed to carry out any order passed or directive issued by the State Government or any order passed by the Director under the Haryana Affiliated [Educational Institutions] (Security of Service) Act, 1979; or
- (c) exceeded or abused its or his powers ; and that it is expedient in the interest of [educational institution] education to take over the management of such [Educational Institution], the State Government, after giving the managing committee or the president of such [educational institution], a reasonable opportunity of showing cause against the proposed action, and after considering the reply, if any, made by the managing committee or the president of such college, as the case may be, make an order for taking over the management of such [educational institution] by an Administrator, for a period not exceeding three years, as it may deem fit.
- (2) Whenever the management of any [educational institution] is taken over under sub-section
- (1) every person incharge of the management of such [educational institution] immediately before its management is taken over, shall deliver the possession of the [educational institution] property to the Administrator.
- (3) After taking over the management of a [educational institution] under this section, the Administrator shall exercise all the powers of the managing committee and the president in respect of the [educational institution] taken over.
- (4) During the period, the [Educational Institution] remains under the management of an Administrator,—
- (a) the managing committee and the president shall cease to exercise powers and functions of management over the affairs of the [educational institution] as long as the management vests in the Administrator;
- (b) the service conditions of the employees of the [educational institution] who were in employment immediately before the date on which the management was taken over, shall not be varied to their disadvantage;
- (c) all educational facilities, which the [educational institution] had been affording immediately before such management was taken over, shall continue to be afforded;
- (d) the [educational institution] fund, pupils' fund, management fund and any other existing fund shall continue to be available to the Administrator for being spent for the purposes of the [educational institution];
- (e) without prejudice to the generality of the provisions of sub-section
- (3) of section 3 of the Act, no decision or resolution of the managing committee made after the date of the show cause notice issued under sub-section
- (1) of section 3 shall be given effect to unless approved by the Administrator; and
- (f) the Administrator shall report to the State Government all such decisions and his orders thereon and it shall be open to the State Government to confirm, modify or reverse the order of the Administrator.
- (5) The State Government may, at any time before the expiry of the period for which the management of the [educational institution] is taken over, and shall, on the expiry of the period for which the management of a [educational institution] is taken over, hand over the management along with the [educational institution] property to the duly constituted managing committee of the [educational institution].
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