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State of Tamilnadu - Section

Section 29 in Tamil Nadu Recognised Private Schools (Regulation) Act, 1973

29. [ Closure of private school. [Substituted by Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Act, 1986 (Tamil Nadu Act 1 of 1987).]

(1)No private school and no class and no course of instruction therein in a private school shall be closed without obtaining the prior approval of the competent authority and without making such arrangements as may be prescribed for the continuance of the instruction of the pupils of private school or the class or the course of instruction, as the case may be, for the period of study for which the pupils have been admitted.
(2)No prior approval under sub-section (1) shall be given unless a notice, in writing is given to the competent authority. The period of notice shall be such as may be prescribed and different periods of notice may be prescribed for different classes of private schools. The notice shall be in such form, contain such particulars and given in such manner as may be prescribed.
(3)The competent authority shall dispose of the notice given under sub-section (2) as expeditiously as possible, and in any case, within six months from the date of receipt of the notice.
(4)On receipt of the notice under sub-section (2) and after considering the same, -
(a)the competent authority may give the prior approval for closure of the private school, class or course of instruction, as the case may be, and while giving the said prior approval it may impose such conditions as it deems fit; or
(b)if the competent authority is satisfied that -
(i)the notice given under sub-section (2) is defective; or
(ii)no arrangements have been made as required under sub-section (1), for the continuance of the instruction of the pupils of private school or the class or the course of instruction, as the case may be, for the period of study for which the pupils have been admitted; or
(iii)the reasons given for closure of the private school, class or course of instruction, as the case may be, are directly attributable to the mismanagement or mal-administration on the part of the management; or
(iv)the financial position of the management is sound, in cases where the lack of finance has been adduced as a ground for closure of the private school, class or course of instruction, as the case may be; or
(v)the reasons given for closure of the private school, class or course of instruction, as the case may be, are not bona fide; or
(vi)the closure of the private school, class or course of instruction, as the case may be, shall adversely affect the educational opportunity available to the pupils of the local area in which such private school is situated, it may refuse to give the prior approval for closure of the private school, class or course of instruction, as the case may be, after recording in writing the reasons for such refusal:
Provided that the competent authority shall not refuse to give the prior approval unless the applicant has been given an opportunity of making his representations.
(5)Where the competent authority refuses to give the prior approval for closure of the private school, class or course of instruction, as the case may be, the management shall continue to run the private school, class or course of instruction, as the case may be.
(6)Where the competent authority gives approval for closure of the private school, class or course of instruction, as the case may be, during the course of an academic year, such closure shall take effect from the expiry of the said academic year.Explanation. - For the purposes of this section, the expressions "management" and "private school" shall have the same meaning as in the Explanation to sub-section (3) of section 18-A.]