Enforcement of Provision and Directions

§6

Summary

(1) Where on the basis of an inspection of an institution or its records or otherwise, the Education Officer is satisfied that the management has committed default in complying with any direction given under Section 4 or with the provisions of Section 3 or Section 5, he may through the Inspector, recommend to the Regional Deputy Director, Education, that action be taken against the institution under sub-section (2). (2) On receipt of a recommendation under sub-section (1), the Regional Deputy Director, Education, may call upon the management to comply with the said direction or provision or to show cause within a week why the management should not be superseded. (3) Where the management fails to comply as aforesaid or to show cause, or the Regional Deputy Director, Education, considers the cause shown to be insufficient he may by order supersede the management, for such period not exceeding one year as may be specified in the order, and authorise any person (hereinafter referred to as the Authorised Controller), to take over the management of the institution for the said period : Provided that the Regional Deputy Director, Education, may where he considers it necessary or expedient so to do - (i) extend the said period from time to time, so however, that the period so extended does not exceed five years in the aggregate; or (ii) revoke the order at any time : Provided further that nothing in clause (ii) of the preceding provision shall bar the passing of a fresh order under this section. (4) On an order being made under sub-section (3), the Authorised Controller shall, to the exclusion of the management and subject only to the directions, if any, of the Regional Deputy Director, Education, the Director of the State Government, exercise all the powers and perform all the functions of the management, including management of the property belonging to or vested in the institution and in particular operate singly the Bank Account referred to in Section 5 : Provided that nothing in this section shall be considered to confer on the Authorised Controller the power to transfer any such property (except by way of letting from month to month in the ordinary course of management) or to create any charge thereon (except as a condition of receipt of any grant in aid of the institution from the State Government). (5) Any order made or direction given under this section shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or instrument relating to the management and control of the institution or relating to the property belonging to or vested in the institution.

(1) Where on the basis of an inspection of an institution or its records or otherwise, the Education Officer is satisfied that the management has committed default in complying with any direction given under Section 4 or with the provisions of Section 3 or Section 5, he may through the Inspector, recommend to the Regional Deputy Director, Education, that action be taken against the institution under sub-section (2). (2) On receipt of a recommendation under sub-section (1), the Regional Deputy Director, Education, may call upon the management to comply with the said direction or provision or to show cause within a week why the management should not be superseded. (3) Where the management fails to comply as aforesaid or to show cause, or the Regional Deputy Director, Education, considers the cause shown to be insufficient he may by order supersede the management, for such period not exceeding one year as may be specified in the order, and authorise any person (hereinafter referred to as the Authorised Controller), to take over the management of the institution for the said period : Provided that the Regional Deputy Director, Education, may where he considers it necessary or expedient so to do - (i) extend the said period from time to time, so however, that the period so extended does not exceed five years in the aggregate; or (ii) revoke the order at any time : Provided further that nothing in clause (ii) of the preceding provision shall bar the passing of a fresh order under this section. (4) On an order being made under sub-section (3), the Authorised Controller shall, to the exclusion of the management and subject only to the directions, if any, of the Regional Deputy Director, Education, the Director of the State Government, exercise all the powers and perform all the functions of the management, including management of the property belonging to or vested in the institution and in particular operate singly the Bank Account referred to in Section 5 : Provided that nothing in this section shall be considered to confer on the Authorised Controller the power to transfer any such property (except by way of letting from month to month in the ordinary course of management) or to create any charge thereon (except as a condition of receipt of any grant in aid of the institution from the State Government). (5) Any order made or direction given under this section shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or instrument relating to the management and control of the institution or relating to the property belonging to or vested in the institution.

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