Section 29 in Uttaranchal School Education Act, 2006
29. Scheme of Administration.
(1)Notwithstanding anything in any law, document, or decrees or order of a Court of other instrument there shall be Scheme of administration (hereinafter referred to as the Scheme of Administration) for every recognized institution, which shall be submitted alongwith the application for recognition for the sanction of the Director The Scheme of Administration shall amongst other matters provide, for the constitution of a Committee of Management (hereinafter called the Committee of Management) vested with authority to manage and conduct the affairs of the institution; The Head of the institution and two teachers, thereof, who shall be selected by rotation according to seniority in the manner to be 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 Management shall either attend a meeting of the committee or exercise his right to vote whenever a charge concerning his personal conduct is under discussion.(3)The Scheme4of Administration shall also describe subject to any Regulations, 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 institution is maintained by a body or authority, there shall be separate Committee of Management for each institution unless otherwise provided in the Regulations for any class of institution.(5)The Scheme of Administration of every institution shall be subject to the approval of the Director and no amendment to or change in the Scheme of Administration shall be made at any time without the prior approval of the Director.Provided that where the Management of an institution is aggrieved by an order of the Director 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 Director to approach of the same; and thereupon the Director shall act accordingly(6)Every recognized institution shall be managed' in accordance with the-Scheme of Administration framed under and in accordance with sub-section (1) to subsection (5) and Sections 30 and 31.(7)Whenever there is dispute with respect to the Management of an institution, persons found by the Regional Additional Director of Education upon such enquiry as 'is deemed fit to be in actual control of its affair may, for purpose of this Act, be recognized to constitute the Committee of Management of such institution until a Court of competent jurisdiction directs otherwise :Provided that the Regional Additional DireCtOr of Education shall, before making an order under this sub-section, afford reasonable Opportunity tO the rival claimants to make representations inExplanation- In determining the question; to who is control of the affairs of the institution, the Regional.Additional Director of Education shall have regard to the control over the funds 'Of the institution and over 'the administration, the receipt of income from, its properties, the Scheme of Administration approved under sub-section, (5) and other relevant circumstances.
