section 3
Power to take over control of property
The Tamil Nadu Educational Institutions (Temporary Control of Property) Amendment and Validation Act, 1975(1) If in the opinion of the Government it is necessary or expedient so to do for the purpose of maintaining or running an educational institution without interruption or for the purpose of providing, or continuing to provide, educational facilities or for ensuring the proper management of an educational institution, they may, by order, take over the control of the property used for the purposes of such institution for such period as they may think fit. (2) Before making an order under sub-section (1), the Government shall give the person or body in management of the institution or the owner of the property a notice in writing to show cause against the proposed action and shall consider the explanation, if any, furnished by such person or body. (3) An order under sub-section (1) shall be published in the prescribed manner: Provided that failure to comply with the provisions of this sub-section shall not affect the validity of the order. (4) The Government may also make such further order as may appear to them to be necessary or expedient in connection with the taking over control of any property under this Act. (5) Where the control of any property, whether movable or immovable, is taken over under sub-section (1), the Government may— (i) use or deal with such property themselves for any educational purpose which they think fit, or (ii) by order, permit any other person or body including a local authority, to use or deal with such property for any such purpose, subject to the payment of such rent and other sums to the Government, and the observance of such conditions, as may be specified in the order: Provided that such person or body shall be of the same religious denomination if any, as that of the person or body from whom or from which control of the property was taken over. (6) The control over any property referred to in sub-section (1) shall, unless sooner relinquished, cease after the expiry of the academic year immediately following that in which the property is taken over: Provided that the State Government may, if in their opinion it is necessary so to do, by an order in writing published in the prescribed manner, direct that their control over such property shall continue for a further period not exceeding one academic year. (7) Notwithstanding anything contained in sub-section (6), the Government may, for reasons to be recorded in writing and on the recommendation of such authority as may be prescribed, by order published in the prescribed manner, direct that the control over such property shall continue for a further period not exceeding three academic years commencing from the date of the expiry of the academic year referred to in the proviso to sub-section (6). Where the control of any property of any educational institution, has been taken over by the State Government before the 8th September 1975 under section 3 of the principal Act, the State Government may issue an order continuing such control for a further period not exceeding three academic years under sub-section (7) of section 3 of the principal Act as amended by this Act and such order shall take effect from the date of the expiry of the academic year referred to in the proviso to sub-section (6) of section 3 of the principal Act.
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