Section 30 in Tamil Nadu Private Colleges (Regulation) Act, 1976
30. Taking over management of private college.
(1)If, on receipt of a report from the competent authority or otherwise, the Government are satisfied that the educational agency of any private college 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 collegiate education to take over the management of such private college, the Government may, by order in writing, take over the management of such private college:[Provided that the Government shall not initiate any proceeding under this section to take over the management of any private college unless they are satisfied that the suspension of the management under section 14-A will not be sufficient.] [Inserted by Tamil Nadu Act 48 of 1998, with effect from 1st June 1981.](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 interests of collegiate education require such extension, so, however, that no such order as so extended shall, in any case, remain in force for more than [ten years] in the aggregate.(4)On the making of an order under sub-section (1) taking over the management of a private college,-(a)the educational agency and the college 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 college in accordance with any law applicable to the private college in so far 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 college is or appears to be entitled, and all the property and effects of the private college shall be deemed to be in the custody of the Government as on and from the date of the order;[xxx] [The word 'and' omitted by Tamil Nadu Private Colleges (Regulation) Amendment Act, 1980 (Tamil Nadu Act 2 of 1981).][(i-A) shall not be bound by any liability incurred by the educational agency of a private college prior to the taking over of the management of the private college (including any borrowing from any person, or payment to the teachers and other persons employed in the private college or to any other person) and no claim in respect of such liability shall be enforced by any Court whether in execution of a decree or otherwise against the Government: [Inserted by Tamil Nadu Private Colleges (Regulation) Amendment Act, 1980 (Tamil Nadu Act 2 of 1981).]Provided that in computing the period of limitation for a suit, or any application for the execution of a decree, the time during which such proceeding, attachment, injunction, order or claim the enforcement of which is barred under this sub-section shall be excluded;][(i-B) may realize income from endowments and other receipts due to the private college; and] [Inserted by Tamil Nadu Private Colleges (Regulation) Amendment Act, 1980 (Tamil Nadu Act 2ofl 981).](ii)may afford such special educational facilities as were, immediately before the making of the order under sub-section (1) afforded at the private college.Explanation. - In sub-clause (i) of clause (b), the expression "law" includes any by-law, rule, regulation, custom or usage.(5)If at any time it appears to the Government that the purpose of the order made under sub-section (1) has been fulfilled or that for any other reason, the order shall be cancelled, the Government may, by order in writing, cancel the order made under sub-section (1) and on such cancellation, the maintenance and management of the private college shall stand restored to the educational agency(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 6ther law.
