section 23
Taking over of aided schools
The Jammu and Kashmir School Education Act, 1984Education198431 sections
Statutory text
Taking over of aided schools.--
- (1) The Government may in the public interest take over the management of an aided school for a period not exceeding five years whenever it is convinced that the Manager of any aided school has neglected to perform any of the duties imposed by or under this Act or the rules made thereunder or where it appears that the school is not being run in a satisfactory manner. Before taking over any school under this provision, the Government shall give due notice to the Manager and the educational agency concerned to show cause against the proposed take over.
- (2) In cases of emergency, where the Government is satisfied that such a course is necessary in the interests of the pupils of the school, they may, without any notice under sub-section
- (1) to the Manager or the educational agency, take over the management of any such school after the publication of a notification to that effect in the Government Gazette.
- (3) Where any school has been taken over under sub-section (2), the educational agency or the Manager of the aided school may subsequently apply to the Government for the restoration of the school. The school may be restored when the Government is satisfied that the educational agency and the Manager are in a position to run the school satisfactorily.
- (4) The Government may also make such further orders as may appear to them to be necessary or expedient in connection with the taking over of the management of any aided school under this section.
- (5) Where any school is taken over under this section, the Government shall pay to the person or persons interested such rent as may be fixed by the Collector having regard to the rates of rent prevailing in the locality for similar properties : Provided that where any property has been acquired, constructed, improved or maintained for the purposes of the school with the aid given by the Government, the rent shall be fixed by the Collector after taking into account the amount of such aid or grant.
- (6) Where any school is taken over under this section, the Government may run the school in any manner it consider fit.
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