Taking over by the Government of the management of educational institution

Taking over by the Government of the management of educational institution.

1. (1) Whenever the Government is satisfied that the Managing Committee or the Governing Body, as the case may be, of a recognised educational institution has neglected to perform any of the duties and functions prescribed for it by or under this Act or any rule made thereunder, and that it is expedient in the interest of maintenance of academic excellence. to take over the management of such institution, the Government may, after giving the Managing Committee or the Governing Body, as the case may be, of such institution, reasonable opportunity of showing cause against the proposed action, take over the management of such institution for a limited period not exceeding two years.
2. (2) Whenever the management of any recognised educational institution is taken over under sub-section (1), every person in charge of the management of such institution, immediately before its management is taken over, shall deliver possession of the properties of such institution to the Director concerned or any other officer authorised by the Government in this behalf.
3. (3) After taking over the management of any recognised educational institution under this section, the Government may arrange to manage the institution through the Director concerned or any other officer authorised by the Government in this behalf, hereafter referred to as "the authorised officer".
4. (4) Where the management of any recognised educational institution has been taken over under sub-section (1), the Managing Committee or the Governing Body, as the case may be, may, within one month from the date of taking over, appeal to the Government who may after considering the representation made by the Managing Committee or the Governing Body, as the case may be, pass such orders, including an order for the restoration of the management or for the reduction of the period during which the management of such institution shall remain vested in the Government, as it may deem fit.
5. (5) During such period as any recognised educational institution remains under the "authorised officer" -
   • (a) the service conditions, as approved by the Government of all the employees of the institution who were in employment immediately before the date on which the management was taken over, shall not be varied to their disadvantage;
   • (b) all educational facilities which the institution had been affording immediately before such management was taken over, shall continue to be afforded;
   • (c) the Educational Institution Fund, the students' Fund, the Management Fund and other existing Funds shall continue to be available to the "authorised officer" to be spent for the purposes of the institution; and
   • (d) no resolution passed at any meeting of the Managing Committee or the Governing Body, as the case may be, of such institution shall be given effect to, unless approved by the Government.