Section 34 in Tamil Nadu Recognised Private Schools (Regulation) Act, 1973
34. Taking over management of private school.
(1)If on receipt of a report from the competent authority or otherwise the Government are satisfied that the educational agency of any private school has neglected to discharge any of the duties imposed on, or to perform any of the functions entrusted to, that agency by or under this Act or any rule or order made or direction issued thereunder and that it is expedient in the interests of school education to take over the management of such private school, the Government may, by order in writing, take over the management of such private school:[Provided that the Government shall not initiate any proceeding under this section to take over the management of any private school unless they are satisfied that suspension of the management under section 18-A will not be sufficient.] [Added by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1982 (Tamil Nadu Act 48 of 1982).](2)Before making an order under sub-section (1), the Government shall give the educational agency an opportunity of making its representations.(3)Any order made under sub-section (1), shall have effect, unless it is cancelled earlier for such period as may be specified in the order:Provided that the period so specified shall not, in the first instance, exceed two years but may, by a like order, be extended from time to time, by any period not exceeding one year at any one time, if it appears to the Government that the interest of school education require such extension; so, however, that no such order as so extended shall, in any case, remain in force for more than five years in the aggregate.(4)On the making of an order under sub-section (1) for taking over the management of private school, -(a)The educational agency and the school committee shall cease to discharge the duties imposed on, and to perform the functions entrusted to that agency and that committee; and(b)the Government -(i)shall take all such steps as may be necessary to efficiently manage and run the private school in accordance with any law applicable to the private school insofar as such law is not inconsistent with this Act and the rules made thereunder and to take into the custody or control of the Government all the property, effects and actionable claims to which the private school is or appears to be entitled, and all the property and effects of the private school shall be deemed to be in the custody of the Government as on and from the date of the order; and(ii)may afford such special educational facilities as were, immediately before the making of the order under sub-section (1) afforded at the private school.Explanation. - In sub-clause (i) of clause (b), the expression "law" includes any bye-law, rule, regulation, custom or usage.(6)Any person aggrieved by any order of the Government under this section may prefer an appeal against such order to the Tribunal.(7)This section or any order made thereunder shall have effect notwithstanding anything contained in any other law for the time being in force or in any deed, document or instrument having effect by virtue of such other law.
