Section 18A in Tamil Nadu Recognised Private Schools (Regulation) Act, 1973
18A. Appointment of Special Officer in certain cases.
(1)(a)Where the Government, on receipt of a report from the Director of School Education or otherwise, are satisfied that the management of any private school -(i)is responsible, whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982 (Tamil Nadu Act 48 of 1982), for the maladministration, lapses or irregularities of such private school; or(ii)has neglected whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982 (Tamil Nadu Act 48 of 1982) to discharge any of the duties imposed on, or to perform any of the functions, entrusted to such management by or under this Act, or any rule or order made or direction issued thereunder, the Government may, after giving to such, management an opportunity to make representation and for reasons to be recorded in writing, by an order, suspend the management and appoint a special officer for a period not exceeding one year or till the reconstitution of the management (in accordance with the law applicable to the reconstitution of such management) whichever is later:Provided that in no case the maximum period of such suspension of management shall exceed two years irrespective of the reconstitution of the management in accordance with the law applicable to the reconstitution of such management:Provided further that where the management of any minority school is suspended, the Government shall appoint a special officer belonging to that minority which has been administering the said minority school immediately preceding such suspension.(b)On the making of an order under clause (a), suspending the management of a private school -(i)the management shall cease to discharge the duties imposed on, and to perform the functions entrusted to it; and(A)shall take all such steps as may he necessary to efficiently manage and run the private school in accordance with any law applicable to the private school insofar as such law is not inconsistent with this Act; and(B)may afford such special educational facilities as were immediately before the making of the order under clause (a), afforded at the private school.(ii)the special officer -Explanation. - In item (A) of sub-clause (ii) of clause (b) the expression "law" includes any bye-law, rules, regulation, custom, usage or instrument having the force of law.(c)Where the Government are satisfied that the manager alone is, whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982, responsible for the lapses or irregularities of the private school, action shall be taken against him by the management, as recommended by the Government.(2)The Government may, for reasons to be recorded in writing, by an order declare a person to be unfit to be the manager of private school after giving to such person an opportunity of making his representation against such declaration and under intimation to the management and on such declaration, the person aforesaid shall cease to be the manager of the private school and the management of such private school shall nominate another person as a manager in his place.(3)For the removal of doubts it is hereby declared that any wilful failure or wilful negligence on the part of a management to take action against the manager as required under clause (c) of sub-section (1) or to nominate another person as manager under sub-section (2) shall constitute an act of mal-administration and action shall be taken against the management of private school under this Act accordingly.Explanation. - For the purpose of this Chapter -(a)"management" includes the school committee or any person, body of persons, committee or any other governing body, by whatever name called, in whom the power to manage-or administer the affairs of a private school is vested:Provided that the Board of Trustees, or the governing body of Wakf Board, by whatever name called, constituted or appointed under any other law for the time being in force relating to the charitable and religious institutions and endowments and wakfs, shall be deemed to be a management for the purposes of this Chapter;(b)"manager" means the secretary, or, any person holding office as president, manager or correspondent of a private school, who is managing or administering the affairs of such private school;(c)"private school" includes a minority school.(4)Sub-sections (1) and (2) shall apply to a minority school, insofar as they are not repugnant to clause (1) of Article 30 of the Constitution.
