Scheme of Administration

(1) Notwithstanding anything contained in any law, document or decree or order of a court or other instrument, there shall be a Scheme of Administration for every institution, whether recognized before or after the commencement of this Act. The Scheme of Administration shall amongst other matters provide for the constitution of a Committee of Management vested with authority to manage and conduct the affairs of the institution. The Head of the institution and two teachers thereof, belonging to Muslim-Minority, who shall be selected by rotation according to seniority in the manner prescribed by regulations, shall be ex-officio members of the Committee of Management with a right to vote. (2) No member of the Committee of the Management shall either attend the meeting of the Committee or exercise his right to vote whenever a change concerning his personal conduct is under discussion. (3) The Scheme of Administration shall also describe subject to any regulation, the respective powers, duties and functions of the Head of the institution and Committee of Management in relation to the institution. (4) Where more than one recognized institutions are maintained by a body or authority, there shall be a separate Committee of Management for each institution unless otherwise provided in the regulations for any class of institutions. (5) The Scheme of Administration of every institution shall be subject to the approval of the Board and no amendment to or change in the Scheme of Administration shall be make at any time without the prior approval of the Board: Provided that where the management of an institution is aggrieved by an order of the Board refusing to approve an amendment or change in the Scheme of Administration, the State Government on the representation of the Management, may, if it is satisfied that the proposed amendment or change in the Scheme of Administration is in the interest of the institution, order the Board to approve the same and thereupon the Board shall act accordingly. (6) Every institution shall be administered or managed in accordance with the Scheme of Administration framed under and in accordance with sub-section (1) to sub-section (5). (7) In the case of an institution recognized before the commencement of this Act a draft of the Scheme of Administration shall be prepared and submitted to the Board for its approval within six months from such commencement alongwith the application for recognition. (8) If an institution fails to comply with the provision of sub-section (7) within the period provided therefor, the Board shall, by notice in writing, require such institution to submit the Scheme of Administration within a further period of three months: Provided that on a representation by the institution prior to the expiry of the extended period, the Board may in its discretion allow a further extension for a period of three months but not beyond that and the Committee of Management of the institution shall comply with the provisions of this section in such further extended period.