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State of Uttar Pradesh - Section

Section 3 in The U.P. Educational Institutions (Taking-Over of Management) Act, 1976

3. Management of the scheduled institutions to vest in the State Government.

(1)On and from the appointed date, the management of all scheduled institutions shall vest in the State Government for a period of one year from such date :Provided that the State Government may by notification extend the aforesaid period by one year or less at a time, so, however, that the total period of extension does not exceed two years in the aggregate.
(2)The State Government may by notification include in the Schedule any other educational institution in respect of which it is satisfied that it is being run, directly or indirectly, by the Rashtriya Swayam Sewak Sangh or by any other organization to which Rule 33 of the Defence and Internal Security of India Rules, 1971, for the time being applies or by their members or sympathisers, and upon the publication of such notification in the Gazette the Schedule shall be deemed to be amended accordingly.
(3)In the case of scheduled institutions the management of which has before the commencement of this Act been taken over by the District Inspector of Schools or any other officer in pursuance of any order issued or purporting to have been issued under the Defence and Internal Security of India Rules, 1971, such taking over shall be deemed to have been effected under the provisions of sub-section (1) and the management of such scheduled institution shall be deemed to have vested in the State Government under this section as if this Act were in force at all material times :Provided that the period during which the management of the institutions was so vested in the State Government prior to the twenty-eighth day of February, 1976, shall be in addition to the period of one year from such date and the maximum period of extension mentioned in sub-section (1).
(4)After the expiry of the period referred to in sub-section (1), the management of the institution concerned shall revert to the society or other body from which the management of the institution was taken over :Provided that the State Government may before handing over the management of such institution to such body require that the members of such body shall take such steps as may be specified, including, if necessary, the reconstitution of the governing body thereof, with a view to ensuring that the instruction that would be imparted in the educational institution after such reversion would fall in line with the national objectives of secularism and emotional integration between different religious communities.
(5)For the removal of doubts it is hereby declared that no compensation or any other amount whatsoever shall be due to the society or other body owning a scheduled institution in respect of its management, remaining with the State Government for a temporary period as aforesaid in accordance with the provisions of this Act.