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State of Haryana - Section

Section 10 in The Haryana School Education Act, 1995

10. Taking over the management of aided schools.

(1)If the Director is satisfied that the managing committee or the manager has indulged in any financial irregularity or administrative mismanagement or neglected to perform any of his duties imposed on it by or under this Act or any rule made thereunder and that it is expedient in the interest of school education, to take over the management of such school, he may after giving the managing committee or the manager of such school, a reasonable opportunity of showing cause against the proposed action, take over the management of such school for a limited period not exceeding two years :Provided that where the management of a school has been taken over for a period of two years or less, the Director may, if he is of the opinion that in order to secure proper management of the school it is expedient that such management should continue to be in force after the expiry of said limited period he may from time to time, issue directions for the continuance of such management for such period not exceeding one year at a time as he may think fit, so, however, that the total period for which such management is taken over shall not in any case exceed three years.
(2)Whenever the management of any school is taken over under sub-section (1), every person incharge of management of such school immediately before its management is taken over, shall deliver possession of the school property to the Director or any officer authorised by him in this behalf.
(3)After taking over the management of any school under this section the Government may arrange to manage the school through a person (hereinafter referred to as the "Administrator") authorised by the Director.
(4)Where the management of any school has been taken over under sub-section (1), the managing committee or manager of such school may, within three months from the date of taking over, appeal to the Secretary, who may after considering the representation made by managing committee or manager, pass such orders, including an order for the restoration of the management or for the reduction of the period during which the management of such school shall remain vested in the Director, as he may deem fit.
(5)Where the management of a school has been taken over under this section, the Government shall pay such rent as may be payable or the building of the school to the person entitled to receive it, as was being paid by the managing committee or the manager immediately before the management of such school was taken over.
(6)During such period as any school remains under the management of an Administrator -
(a)the service conditions, as approved by the Director, of the employees of the school who were in employment immediately before the date on which the management was taken over, shall not be varied on to their disadvantage;
(b)all educational facilities which the school had been affording immediately before such management was taken over shall continue to be afforded;
(c)the school fund, the pupil fund, and any other existing fund shall continue to be available to the Administrator for being spent for the purpose of the school; and
(d)no resolution passed at any meeting of the managing committee of such school shall be given effect to unless approved by the Director.