(1) This Act may be called the Haryana Private 9[Educational Institutions] (Taking over of Management) Act, 1978.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,

(a) Administrator means an officer appointed by the State Government to take over the management of a college:

10[(b) educational institution means an institution which is not run by the Central Government, the State Government or a Local Authority and includes an institution, college or polytechnic being run and managed by individuals, societies, trusts or charitable societies whether aided or not and which is recognised by or affiliated to the State Board of Technical Education Haryana or the universities incorporated under the Haryana State Acts, as the case may be, imparting education in the field of medical, dental, ayurvedic, homeopathic, technical, engineering, business management and computer etc;]

(c) 11[ educational institution] property means all movable and immovable property belonging to, or in the possession of, a college and all other rights and interests in, or arising out, of such property, and includes land, building and its appurtenances, play grounds, hostels, furniture, books, appratus, maps, equipment, utensils, cash, reserve funds, investment and bank balances;

12(d) managing committee means the managing committee as defined in the Haryana Affiliated 11[Educational Institution] (Security of Service) Act, 1979;]

(e) minority 11[Educational Institution] means a 11[Educational Institution] established and administered by a minority having the right to do so under clause (1) of article 30 of the Constitution; and

(f) president in relation to a college, means the person by whatever name called, who is entrusted with the management of the affairs of the 12[Educational Institution] the management under this Act.

13[(1) Whenever the State Government, on receipt of a report from the 14[University concened or State Board of Technical Education, Haryana as the case maybe, or otherwise,] is satisfied that the managing committee or president of 15[educational institution] has

16[(a) neglected to perform or persistently made default in the performance of duties and Junctions imposed on it by the State Board of Technical Education, Haryana or by the Universities incorporated under the Haryana State Acts, or the statutes, ordinances or regulations made thereunder; or]

(b) failed to carry out any order passed or directive issued by the State Government or any order passed by the Director under the Haryana Affiliated 17[Educational Institutions] (Security of Service) Act, 1979; or

(c) exceeded or abused its or his powers;

and that it is expedient in the interest of 17[educational institution] education to take over the management of such 17[Educational Institution], the State Government may, after giving the managing committee or the president of such 17[educational institution], a reasonable opportunity of showing cause against the proposed action, and after considering the reply, if any, made by the managing committee or the president of such college, as the case may be, make an order for taking over the management of such 17[educational institution] by an Administrator, for a period not exceeding three years, as it may deem fit.]

(2) Whenever the management of any 17[educational institution] is taken over under sub-section (1) every person incharge of the management of such 17[educational institution] immediately before its management is taken over, shall deliver the possession of the 17[educational institution] property to the Administrator.

16[(3) After taking over the management of a 17[educational institution] under this section, the Administrator shall exercise all the powers of the managing committee and the president in respect of the 17[educational institution] taken over.]

(4) During the period, the 17[Educational Institution] remains under the management of an Administrator,

(a) the managing committee and the president shall cease to exercise powers and functions of management over the affairs of the 17[educational institution] as long as the management vests in the Administrator;

(b) the service conditions of the employees of the 17[educational institution] who were in employment immediately before the date on which the management was taken over, shall not be varied to their disadvantage;

(c) all educational facilities, which the 17[educational institution] had been affording immediately before such management was taken over, shall continue to be afforded;

(d) the 18[educational institution] fund, pupils' fund, management fund and any other existing fund shall continue to be available to the Administrator for being spent for the purposes of the 18[educational institution];

(e) without prejudice to the generality of the provisions of sub-section (3) of section 3 of the Act, no decision or resolution of the managing committee made after the date of the show cause notice issued under sub-section (1) of section 3 shall be given effect to unless approved by me Administrator; and

(f) the Administrator shall report to the State Government all such decisions and his orders thereon and it shall be open to the State Government to confirm, modify or reverse the order of the Administrator.

(5) The State Government may, at any time before the expiry of the period for which the management of the 18[educational institution] is taken over, and shall, on the expiry of the period for which the management of a 18[educational institution] is taken over, hand over the management along with the 18[educational institution] property to the duly constituted managing committee of the 18[educational institution].

Noting contained in this Act shall apply to any minority institution].

No Civil Court shall have jurisdiction in respect of any matter in relation to which the Administrator is empowered by or under this Act to exercise any power and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act.

No suit, prosecution or other legal proceedings shall lie against the State Government or the Administrator or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

(1) If the president or the managing committee, as the case may be of any 20[educational institution]

(a) omits or fails without any reasonable excuse to carry out any order made under this Act; or

(b) omits or fails to deliver any 20[educational institution] property to the Administrator or any officer authorised by him in writing, the president or the managing committee, as the case maybe, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both.

(2) If the person committing an offence under this Act is a managing committee, every person, who at the time the offence was committed, was a member or office-bearer shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to be prosecuted if he shows that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act 2 of 1974),

(a) no court inferior to that of a Judicial Magistrate of 1st Class shall try any offence under this Act;

(b) no court shall take cognizance of any such offence except with the previous sanction of the State Government or such other officer as the State Government may, by general or special order specify in this behalf.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order to be published in the Official Gazette, make such provision or give such directions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case maybe, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Haryana Private Colleges (Taking Over of Management) Act, 1978 (Haryana Act 4 of 1978), is hereby repealed.

1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 24th August, 1978, page 1173.

2. Substituted by Haryana Act 16 of 1999.

3. [Received the assent of the President of India on the 31st October, 1978 and first published for general information in the Haryana Government Gazette (Extraordinary) Legislative Supplement, Part I of 4th November, 1978]

4. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 13th March, 1982, page 310.

5. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 3rd September, 1984, page 1448.

6. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 23rd March, 1995, page 500.

7. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 9th February, 1999, page 253.

8. Omitted by Haryana Act 25 of 1984.

9. Substituted by Haryana Act 16 of 1999.

10. Substituted by Haryana Act 16 of 1999.

11. Substituted by Haryana Act 2 of 1996 and further substituted by Haryana Act 16 of 1999.

12. Substituted by Haryana Act 2 of 1996.

13. Substituted by Haryana Act 13 of 1982.

14. Substituted by Haryana Act 16 of 1999.

15. Substituted by Haryana Act 2 of 1996 and further substituted by Haryana Act 16 of 1999.

16. Substituted by Haryana Act 16 of 1999.

17. Substituted by Haryana Act 2 of 1996 and further substituted by Haryana Act 16 of 1999.

18. Substituted by Haryana Act 2 of 1996 and further substituted by Haryana Act 16 of 1999.

19. Substituted by Haryana Act 2 of 1996 and further substituted by Haryana Act 16 of 1999.

20. Substituted by Haryana Act 2 of 1996 and further substituted by Haryana Act 16 of 1999.