Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1986*
| [Tamil Nadu Act No. 1 of 1987] | [13th February, 1987] |
An Act further to amend the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Tamil Nadu Private Colleges (Regulation) Act, 1976
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-seventh Year of the Republic of India as follows:-
* Received the assent of the Governor on the 9th February, 1987 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 97, dated February 13, 1987.
PART I
Preliminary
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1986.
(2) It shall come into force at once.
PART II
Amendments to the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973
2. Substitution of section 29, Tamil Nadu Act 29 of 1974.- For section 29 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1974) (hereinafter referred as the 1974 Act), the following section shall be substituted, namely:-
"29. Closure of private school.-(1) No private school and no class and no course of instruction therein in a private school shall be closed without obtaining the prior approval of the competent authority and without making such arrangements as may be prescribed for the continuance of the instruction of the pupils of private school or the class or the course of instruction, as the case may be, for the period of study for which the pupils have been admitted.
(2) No prior approval under sub-section (1) shall be given unless a notice in writing is given to the competent authority. The period of notice shall be such as may be prescribed and different periods of notice may be prescribed for different classes of private schools. The notice shall be, in such form, contain such particulars and given in such manner as may be prescribed.
(3) The competent authority shall dispose of the notice given under sub-section (2) as expeditiously as possible, and in any case, within six months from the date of receipt of the notice.
(4) On receipt of the notice under sub-section (2) and after considering the same,-
(a) the competent authority may give the prior approval for closure of the private school, class or course of instruction, as the case may be, and while giving the said prior approval it may impose such conditions as it deems fit; or
(b) if the competent authority is satisfied that-
(i) the notice given under sub-section (2) is defective; or
(ii) no arrangements have been made as required under sub-section (1), for the continuance of the instruction of the pupils of private school or the class or the course of instruction, as the case may be, for the period of study for which the pupils have been admitted; or
(iii) the reasons given for closure of the private school, class or course of instruction, as the case may be, are directly attributable to the mismanagement or maladministration on the part of the management; or
(iv) the financial position of the management is sound, in cases where the lack of finance has been adduced as a ground for closure of the private school, class or course of instruction, as the case may be; or
(v) the reasons given for closure of the private school, class or course of instruction, as the case may be, are not bonafide; or
(vi) the closure of the private school, class or course of instruction, as the case may be, shall adversely affect the educational opportunity available to the pupils of the local area in which such private school is situated,.
it may refuse to give the prior approval for closure of the private school, class or course of instruction, as the case may be, after recording in writing the reasons for such refusal:
Provided that the competent authority shall not refuse to give the prior approval unless the applicant has been given an opportunity of making his representations.
(5) Where the competent authority refuses to give the prior approval for closure of the private school, class or course of instruction, as the case may be, the management shall continue to run the private school, class or course of instruction, as the case may be.
(6) Where the competent authority gives approval for closure of the private school, class or course of instruction, as the case may be, during the course of an academic year, such closure shall take effect from the expiry of the said academic year.
Explanation.-For the purposes of this section, the expressions "management" and "private school" shall have the same meaning as in the Explanation to sub-section (3) of section 18-A."
3. Amendment of section 41, Tamil Nadu Act 29 of 1974.- In section 41 of the 1974 Act,-
(1) in sub-section (1), for the expression "any provision", the expression "section 29 or under any other provision" shall be substituted.
(2) in sub-section (2), after the expression "section 8", the expression "or in sub-section (3) of section 29" shall be inserted.
4. Substitution of section 25, President's Act 19 of 1976.- For section 25 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 (President's Act 19 of 1976) (hereinafter referred to as the 1976 Act), the following section shall be substituted, namely:-
"25. Closure of private college.-(1) No private college and no and no course of instruction therein in a private college shall be closed without obtaining the prior approval of the competent authority and without making such arrangements as may be prescribed ??? continuance of the instruction of the students of the private college the ??? the course of instruction, as the case may be, for the period of study for which the students have been admitted.
(2) No prior approval under sub-section (1) shall be given ??? a notice in writing is given to the competent authority. The period of notice shall be such as may be prescribed and different periods of notice may be prescribed for different classes of private colleges. The notice shall be in such form, contain such particulars and given in such manner as may be prescribed.
(3) The competent authority shall dispose of the notice given under sub-section (2) as expeditiously as possible, and in any case within six months from the date of receipt of the notice.
(4) On receipt of the notice under sub-section (2) and after considering the same,-
(a) the competent authority may give the prior approval of the of the private college, class or course of instruction, as the case may be, and while giving the said prior approval it may impose such conditions as it deems fit; or
(b) if the competent authority is satisfied that-
(i) the notice given under sub-section (2) is defective; or
(ii) no arrangements have been made as required under sub-section (1) for the continuance of the instruction of the students students of the private college or the class or the course of instruction, as the case may be, for the period of study for which the students have been admitted; or
(iii) the reason given for closure of the private college, class or course of instruction, as the case may be, are directly attributable to the mismanagement or maladministration on the part of the mismanagement; or
(iv) the financial position of the management is sound, in cases where the lack of finance has been adduced as a ground for closure of the private college, class or course of instruction, as the use may be; or
(v) the reasons given for closure of the private college, class or course of instruction, as the case may be, are not bonafide; or
(vi) the closure of the private college, class or course of instruction, as the case may be, shall adversely affect the educational opportunity available to the students of the local area in which such private college is situated,
it may refuse to give the prior approval for closure of the private college, class or course of instruction, as the case may be, after recording in writing the reasons for such refusal:
Provided that the competent authority shall not refuse to give the prior approval unless the applicant has been given an opportunity of making his representations
(5) Where the competent authority refuses to give the prior approval for closure of the private college, class or course of instruction, as the case may be, the management shall continue to run the private College, class or course of instruction, as the case may be.
(6) Where the competent authority gives approval for closure of the private college, class or course of instruction, as the case may be, during the course of an academic year, such closure shall take effect from the expiry of the said academic year.
Explanation.-For the purposes of this section, the expressions "management" and "private college" shall have the same meaning as in the Explanation to sub-section (3) of section 14-A."
5. Amendment of section 37, President's Act 19 of 1976.- In section 37 of the 1976 Act,-
(1) in sub-section (1), after the expression "any provision" the expression "(including section 25)" shall be inserted;
(2) in sub-section (2), after the expression "section 7", the expression "or under sub-section (3) of section 25" shall be inserted.
PART IV
6. Pending proceedings to abate.- (1) Notwithstanding anything contained in section 8 of the General Clauses Act, 1891 (Tamil Nadu Act ??? of 1891), with effect on and from the date of the publication of the Act in the Tamil Nadu Government Gazette,-
(a) any notice given under section 29 of the 1974 Act for closure of any private school, class or course of instruction therein in a private school or any notice given under section 25 of the 1976 Act for closure of any private college, class or course of instruction therein in a private college and pending before the competent authority on the date of the publication of this Act in the Tamil Nadu Government Gazette, shall lapse;
(b) any appeal preferred against an order refusing to give the approval for closure of the private school or private college or class or course of instruction in such private school or private college and pending before the appellate authority under section 41 of the 1974 Act or under section 37 of the 1976 Act, as the case may be, on the date of the publication of this Act in the Tamil Nadu government Gazette, shall abate.
(2) On and from the date of publication of this Act in the Tamil Nadu Government Gazette, the management of such private school college on any class or course of instruction therein in a private school or private college, shall give a fresh notice as required under section 29 of the 1974 Act or under section 25 of the 1976 Act, (as the case may be), as amended by this Act.