Appointment of special officer.

(1) (a) Where the Government, on receipt of a report from the Director of Collegiate Education or otherwise, are satisfied that the management of any private college,-(i) is responsible, whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982, for the maladministration, lapses or irregularities of such private college; or (ii) has neglected whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982 to discharge any of the duties imposed on, or to perform any of the functions entrusted to such management by or under this Act, or any rule or order made or direction issued thereunder, the Government may, after giving to such management an opportunity to make representation and for reasons to be recorded in writing, by an order, suspend the management and appoint a special officer for a period not exceeding one year or till the reconstitution of the management (in accordance with the law applicable to the reconstitution of such management), whichever is later: Provided that in no case the maximum period of such suspension of management shall exceed two years irrespective of the reconstitution of the management in accordance with the law applicable to the reconstitution of such management: Provided further that, where the management of any minority college is suspended, the Government shall appoint a special officer belonging to that minority which has been administering the said minority college immediately preceding such suspension. (b) On the making of an order under clause (a), suspending the management of a private college,-(i) the management shall cease to discharge the duties imposed on, and to perform the functions entrusted to it; and (ii) the special officer-(A) shall take all such steps as may be necessary 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 inconsistent with this Act; and (B) may afford such special educational facilities as were immediately before the making of the order under clause (a), afforded at the private college. Explanation.-In item (A) of sub-clause (ii) of clause (b), the expression "law" includes any bye-law, rule, regulation, custom, usage or instrument having the force of law. (c) Where the Government are satisfied that the manager alone is, whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982, responsible for the lapses or irregularities of the private college, action shall be taken against him by the management, as recommended by the Government. (2) The Government may, for reasons to be recorded in writing, by an order declare a person to be unfit to be the manager of a private college after giving to such person an opportunity of making his representation against such declaration and under intimation to the management and on such declaration the person aforesaid shall cease to be the manager of the private college and the management of such private college shall nominate another person as a manager in his place. (3) For the removal of doubts it is hereby declared that any wilful failure or wilful negligence on the part of a management to take action against the manager as required under clause (c) of sub-section (1) or to nominate another person as manager under sub-section (2) shall constitute an act of maladministration and action shall be taken against the management of private college under this Act accordingly. Explanation.-For the purposes of this Chapter,-(a) "management" includes the college committee or any person, body of persons, committee or any other governing body, by whatever name called, in whom the power to manage or administer the affairs of a private college is vested: Provided that the Board of Trustees, or governing body of Wakf Board, by whatever name called, constituted or appointed under any other law for the time being in force relating to the charitable and religious institutions and endowments and wakfs, shall be deemed to be a management for the purposes of this Chapter; (b) "manager" means the secretary, or any person holding office as president, manager or correspondent of a private college, who is managing or administering the affairs of such private college; (c) "private college" includes a minority college. (4) Sub-sections (1) and (2) shall apply to a minority college, in so far as they are not repugnant to clause (1) of Article 30 of the Constitution. In section 14-A of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely :- "(1-A) The Government may appoint an advisory committee to advise the special officer for the administration of such private college. The advisory committee shall consist of the following persons employed in the private college, namely :- (a) the Principal ; (b) the senior-most Selection Grade Lecturer or Reader ; (c) one other Selection Grade Lecturer ; and (d) the senior-most Superintendent : Provided that if there is no Selection Grade Lecturer in the private college, the senior-most Lecturer and one other Lecturer shall be included in the advisory committee : Provided further that if the senior-most Selection Grade Lecturer or the senior-most Lecturer, as the case may be, or the senior-most Superintendent is not willing to be included in the advisory committee as a member, the next senior person in the respective category who is willing to be included as a member shall be included in the advisory committee : Provided also that if there is only one post in the category of Superintendent and the person holding the post is not willing to be included in the advisory committee as a member, the senior-most Assistant shall be included as a member in the advisory committee."