Section 20 in The Goa, Daman and Diu School Education Act, 1984
20. Taking over management of school.
(1)Whenever the Administrator is satisfied that the managing committee or manager of any recognized school,-(i)has contravened any provision of this Act or of any rule or order made thereunder, or(ii)has neglected to perform any duty or obligation imposed on it by or under this Act, or(iii)has mismanaged the affairs of the school or has misappropriated or has misapplied any money standing to the credit of any Fund of the School, or(iv)has managed the affairs of the schools in a manner prejudicial to the public interest, or(v)has omitted or neglected to pay its share towards the medical facility, pension, gratuity, provident fund, and other prescribed benefits of the employees of the school, in accordance with the provisions of sub-section (2) of section 13, or(vi)has closed down the school or any class or section of the school in contra-vention of the rules made under this Act or any order, direction issued thereunder, or(vii)has made a written representation expressing its inability to run the school, and that it is expedient in the public interest or in the interests of school education or in order to secure the proper management of the school 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 three years:Provided that where the management of a school has been taken over for a period of three years or less, the Administrator may, if he is of 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 the 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 five years.(2)Whenever the management of any school is taken over under sub-section (1), every person in charge of the management of such school immediately before its management is taken over, shall deliver possession of the school property to secure proper management to the Administrator or any officer authorised by him in this behalf.(3)After taking over the management of any school under this section, the Administrator may arrange to manage the school through the Director or any other person or body of persons authorized by the Director in this behalf, subject to such terms and conditions and on such remunerations as he may specify (hereinafter referred to as the authorized officer or authorized body, as the case may be).(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, make a representation to the Administrator, who may, after considering the said representation made by the managing committee or the manager pass such order, 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 Administrator, as he may deem fit.(5)Where the management of a school has been taken over under this section, the Administrator shall pay or cause to be paid such rent as may be payable for 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 the authorized officer or the authorized body,-(a)the service conditions, as approved by the Administrator 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 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 School Staff Account Fund and the Pupils' Fund shall be made available to the authorized officer or authorized body, for being spent for the purposes of the school;(d)no resolution passed at any meeting of the managing committee of such school shall be given effect to unless approved by the Government; and(e)the authorized officer or the authorized body shall have the right to open any account in any bank or to draw money from any Fund referred to in section 10. No person in charge of the management of the school at any time before the date on which the management of the school is taken over under sub-section (1) shall have such right.(7)If at any time on the application of the managing committee or manager of the school or otherwise it appears to the Administrator that the purpose for which the management of the school was taken over has been fulfilled or that for any other reason it is not necessary that the school should be continued to be managed by him, he may cancel the order made by him under sub-section (1) and, may restore the management of the school to its managing committee and thereupon the management of the control of the school shall vest in the managing committee.(8)Whenever the management of any school is taken over by the Administrator under this section, it shall be lawful for him to make such provisions with regard to the scales of pay and other conditions of service, seniority, pension and other retirement benefits of the employees on an equal footing with the employees of similar schools run by the Government.(9)If, on the expiry of the period specified under sub-section (1) or the extended period specified under the proviso to that sub-section, the managing committee does not take over the management of the school, the Administrator shall, notwithstanding anything contained in sub-section (1), continue to remain in charge of the management of the school, and he shall, by a notice, require the managing committee to take over the management of the school. If the Administrator does not, within one month from the date of issue of the said notice, receive any reply thereto, he shall, within fourteen days after the expiry of the month, send to the managing committee of the school, by registered post, another letter, referring to the first letter, and stating that no reply thereto has been received and that if a reply to the second letter is not received within one month of the date of issue thereof, a notice shall be published in the Official Gazette declaring the society, trust or other association of individuals owing or managing the school to be defunct:Provided that, any time within ten years from the date of publication of the notice in the Official Gazette, any rightful owner of the school comes forward to take over the management of the school and its assets, the Administrator shall transfer the school together with its assets and liabilities to such rightful owner and thereupon the school and its assets and liabilities shall cease to remain vested in the Government.(10)Where the management of an aided school has been taken over by the Administrator, the authority granting such aid shall continue to grant aid to the school.(11)Where the management of any school had been taken over by the Administrator before the commencement of this Act, and such management was continuing at such commencement and managing committee of such school has not, after such commencement, taken any steps to take over the management of the school from the Administrator, it shall be lawful for the Administrator to continue to manage such school and to grant aid to the school to the full extent admissible under this Act or the rules made thereunder.
