Tamil Nadu Private Colleges (Regulation) Amendment Act, 1991*
| [Tamil Nadu Act No. 2 of 1992] | [22nd January, 1992] |
An Act further to amend the Tamil Nadu Private Colleges (Regulation) Act, 1976
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-second Year of the Republic of India as follows:-
* Received the assent of the Governor on the 17th January, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 37, dated January 22, 1992.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Private Colleges (Regulation) Amendment Act, 1991.
(2) It shall be deemed to have come into force on the 16th day of July, 1991.
2. Insertion of new section 30-A.- After section 30 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 (??? 19 of 1976) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:-
"30-A. Continuance of taking over of management in certain cases.- (1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, or in any decree or order of any court, tribunal or other authority, if any private college, the management of which was taken over by the Government under section 30, could not be restored to the educational agency of such private college after the expiry of the period specified in the order under sub-section (1) of the said section 30.
(i) for the reason that a dispute as to the constitution of the educational agency or as to whether any person or body of poisons is an educational agency in relation to the private college is pending in any civil court having jurisdiction; or
(ii) for the reason that the person to whom possession of the property of such private college is to be delivered cannot be found or has no legal agent or other person empowered to accept delivery on his behalf; or
(iii) for such other reasons, as may be prescribed,
the Government may, in the public interest and in the interest of the ??? education, by order in writing, continue the taking over of the management of such private college from the date of such expiry, for such further period as may be specified in the order;
Provided that the period so specified shall not in the first instance ??? one year but may be extended from time to time, by any period not exceeding one year at any one time so, however, that no such order as so extended shall, in any case, remain in force for more than five years in the aggregate.
(2) Save as otherwise provided in this section, the provisions of section 30 except sub-sections (1) and (2) and other provisions of this Act shall as far as, may be, apply to an order made under sub-section (1) as they apply to an order made under sub-section (1) of section 30."
3. Savings.- Notwithstanding anything contained in the principal Act, or in another law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority, where the management of any private college taken over by the State Government under section 30 of the principal Act before the date of the commencement of this Act was not restored to the educational agency of the private college after the expiry of the period for which the management of such college was taken over-
(i) for the reason that a dispute as to the constitution of the educational agency or as to whether any person or body of persons is an educational agency in relation to the private college is pending in any civil court having jurisdiction; or
(ii) for the reason that the person to whom possession of the property of such private college is to be delivered cannot be found or has no legal agent or other person empowered to accept delivery on his behalf,
the taking over of the management of such private college shall be deemed to have been continued for a further period of one year from the date of such expiry, as if an order to that effect had been made under section 30-A of the principal Act, and accordingly section 30 except sub-sections (1) and (2) and other provisions of the principal Act as amended by this Act, shall, as far as may be, apply and the management of such private college shall stand transferred to the State Government on the date of the publication of this Act in the Tamil Nadu Government Gazette, if the management of such private college is under the control of any person (including a Receiver appointed by a civil court having jurisdiction) other than the State Government on the date of such publication.