The Haryana Private Colleges (Taking Over of Management) Act, 1978 (26 of 1978)

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1978 : Haryana Act 261 PRNATE [EDUCATIONAL INSTITUTIONS] 119 
(TAKING OVER OF MANAGEMENT) 
THE HARYANA PRIVATE ' [EDUCATIONAL INSTITUTIONS] 
(TAKING OVER OF MANAGEMENT) 
ACT, 1978 
(Haryana Act No. 26 of 1978) 
TABLE OF CONTENTS 
SECTIONS : 
1. Short title and commencement. 
2. Deflnjtions. 
3. Power to take over management of '[ Educational Tnstitutions] . 
4. Act not to apply to minority l[Educational htitutions]. 
5. Bar ofJurisdiction. 
6. Protection of action taken in good faith. 
7. Liability of managing committee to punishment. 
8. Cognizance of offences. 
9. Power to remove dificulty. 
10. Power to make rules. 
1 I . Repeal aid Saving. 
1. Substituted by Haryana Act 16 of 1999. 
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'THE HARYANA PRLVATE '[ EDUCATIONAL WSTITUTIONS] 
(TAKING OVER OF MANAGEMENT) ACT, 1978 
(H aryana Act No. 26 of 1978) - 
(Receivrcl the assenl of the President oflndia on the 31st Orrobel; 
lg78 and Jirsr published for general infirmation En the Haryana 
Govern men t Gazette (EX froordin a)?) Legislative Suppletn en t, Part I of 
4th November; 19 781. 
AN 
ACT 
to provide fb~ the management ofprivate 7[Educafionul 
lnsfifu/ions] 6[* * ** ** 1 
BE it enacted by the Legislature ofthe State of Haryana in the Twenty- 
~linth Year of the Republic of India as follows :- 
I. (I ) This Act may be called the Haryana Private '[Educational short title and 
Institutions] (Taking over of Management) Act, 1978. commenccmcnt. . 
1 
Y~ar 
1978 
(2) It shall come into force on such date as the State Government may, 
by notification, appoint. 
2. In this Act, unless the context othewise requires,- Dcfinilions. 
2. 
%. 
26 
1. For Statement of Objccls and Reasons, see Haryana Government Gazette (Exb-a,), 
dated the 24th Augus, 1978, page 1173. 
2. For Statement of Objects and Reasons, ~pec Haryana Governmmt Gazette (Extra.), 
datcd the l3rhMarch, 1982, page 3 10. 
. . 3. For Smtemcnt of Objects md Reasons, see Haryana Governmcn! Gazette (Extm), 
dated thc 3rd September, l984, page 1448. 
\ 
- , 4. Fvr Statement of Objects and &e , seeHaryam Gwcmmcnt Gazctte (Exb.), 
dated the 23rd March, 1995. page %. 
5. For Statement of Objects and ~easons, see'Haryana Govcmmcnt Gazctte (ExIra.), 
datcd the 9thFcbruary, 1999, page 253. 
6. Omitted by Haryma Act 25 of 1984. 
7. Subsritutcdby FTaryanaAci16ofI999. L 
3 
Shorttitlc 
The Haryana Private 
'[ Educations! hstitutions] 
(Taking ovcr of Manage- 
ment)Act, 1978. 
4 
Whether repealcd or othcnvisc 
affected by legislation - 
Amcnded by Haryana Act L3 of k9822. 
hmendcd by Haryatla Act 25 of 19843. 
Amended by Haryana Act 2 of 1 9964. 
Amended by Haryana Act 16 of 1999'. 
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PRTVATE I[EDUCATIONA L INSTITUTIONS] 1 1978 : Haryana Act 26 
(TAKING OVER OF MANAGEMENT) 
(a) "Administrator" means an officer appointed by the State 
Government to take over the management of a college : 
'[(a)''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 polytec hnic being 
run and managed by individuals, societies, trusts or charitable 
societies whether aided or not and which is recognised by or 
afEiliated to the State Board offecbcal SducationHaryana 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) 2["educationa1 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, bui lding and its appurtenances, 
play grounds, hostels, furniture, books, appratus, maps, i 
equipment, utensils, cash, reserve funds, investment and bank 
balances; 
3[(d) "~gcommi~"rneans the managing committee as defined t 
in the Haryana Affiliated 2~ducational Institution J (Security of 
Service) Act, 1979;J 
(e) "minority 2[Educational Institution]" means a ?pducational 
Institution] established and administered by a minority having 
the right to do so under clause (I) of article 30 of the Constitution; 
and 
"@dent" 
in relation to a college, means the person by whatever 
&e called, who is entrusted with the management of the affairs 
ofthe 3pducational Institution] immdately before taking over 
the management under this Act. 
power to take 3. ' [(I) Whenever the State Government, on receipt of a repott from 
over manage- the 41CJniver~ity concened or State Board of Technical Education, Haryana 
mcnt of '''lcges. as the case may be, or otherwise,] is satisfied that the managing committee or 
president of 2[&cational institution] has- 
1. Substituted by Haqana Act 13 of 1982. 
2. Substituted by Aaryana Act 2 of 1996 and furthcr substituted by Haryana Act 
16of 1999. 
3. Substituted by Haryana Act 2 of 1996 
4. Substitutd by Haryana Act 16 of 1999. 
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1978 : Haryana Act 261 FXI VA~ "EDUCATIONAL NSTI~TIONS] 
(TNOW OVER OF MANAGEMENT) 
'[(@neglected to perform or persistently made default in the 
performance of duties and functions imposed on it bythc 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 'wuca tional hstitutions] (Security of 
Service) Act, 1979; or 
(a exceeded or abused its or his powers ; 
and that it is expedr ent in the interest of 2[&cational institution] 
education to take over the management of such2[Educational 
Institution], the Stak Government may, &giving the managing 
committee or the presideni &such *[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 2[educational institution] by an Administrator, for a period 
not exceding three years, as it may deem fit.] 
(2) Whenever the management of any 2[educational institution] is taken 
over under sub-section ( 1) every person incfmge of the management of such 
[ducational institution] immediately before its management is taken over, 
shall deliver the possession of the 2[educational institution] property to the 
Administrator. 
'[(3) After taking over themanagement of a 2[:educational institution] 
under this section, the Ahinsibtor shall exercise all the powers of the 
committee and the Pmident in respect of the2[edmtiod ifistrtution] 
taken over.] 
(4) During the period, the pucational Institution'] remains under the 
management of an Administmtoq- 
(a) tbe managing committee and the president shall cease to exercise 
powers and functions of management over the affairs of the 
2[ed~~tiod institution] as long as the management vests in the 
Adminishtor; 
ro) theserviceconditionsoftheemployeesoftheZ[educationa1 
ins-titution] who were in employncnt immediately before the date 
on wbich the management was taken over, shall not be varied 
to their disadvantage; 
I- Substituted by Haryana Act 16 of 1999. 
2 Subsliruted by Haryana Act 2 of 1996 and firrther substituted by Haryana Act 16 
of 1999. 
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1 1978 : Baryana Act 26 
. - 
(c) all educational facilities, which the '[educational institution] had 
been affording immediately before such management was taken 
over, shall continue to be affordcd ; 
(d) the l [educational institution] fund, pupils' fund, management fund ' 
and any other existing 6d shall continue to be available to the 
Administrator for being spent for the purposes of the 
'[educationaI 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 scction 3 shall be given 
effect to unless approved by the Administrator; and 
O) tbeAdminis~tor shdl =port to Iht: State Government all such 
decisions and his orders thereon and it shall be open to the 
state ~ovemment to confirm, modify or reverse the order of 
the Adminisbator. 
(5) The State Government may, at any time before the expiry of the 
period for which the management of the '[educational institution] is taken ! 
over, and shall, on the expiry of the period for which the management of a 
'[educational institution] is taka over, hand over the mangement dong with j 
the l[educational institktion] propew to the duly c~n~tituted rnai;aging 
committee ofthe '[educational institution]. 
Acrnot'toapply . 4. ~o~~~~ntaindi~thisActshallapplyto~ymin~rity~[ducatid 
to minority '[edu- . on1 cational in-Mution] 
Bar la 5. No Civil Court shall have jurisdiction in respect of any matter in 
junsdictiw. 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 ofanythmg which is done or intended to be done by or under this Act. 
Protection of 6. No suit, prosecution or other legal proceedings shall lie against the 
action taken in' state ~overmhent or the ~dministrator or other person for anwg which 
is in good faith done or intended to be done in pursuance of this Act or any 
order made thereunder. 
Liabilityof -- 7. (1) Ifthepresidentorthemanagingcommittee,asthecasemaybe I 
managkg of any l [educational instinrtionl- cummittec to 
pur;ishment. (a) omits or fails without any reasonable excuse to carry out any 
ordcr made under this Act; or 
(b) omits or fails to dejiver any '[educational institution] property 
I. substituted by~aryluta~ct2 of 1996 and furthersubstjt~tcdb~ ~ay~la~ct 16 of 1999 
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1978 : Haryana Act 261 PRIVATE '[EDUCA'CIONAL INSTITU'~'IOMS] 
(T.~NG OVER OF MANAGEMENT) 
the president orthe managingcommittee, as the case may be, 
shall be punished with imprisonment for a term which may ex tend 
to three months or w ith 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 bc proceeded against and punished accordingly : 
Providd that nod7ing contained in this sub-section shall render any such 
person liable to be prosecuted if he shows that the offence was committed 
without his howledge or that be exercised all due diligence to prevent the 
commission of such offence. 
8. Notwithstanding anything contained in the Code of Criminal 
Procedure, 1973 (Act 2 of 1974),- 
(a) no court inferior to that of a Judicial MagisBate of 1 st Class 
shaU try any offence under this Act; 
@) no cow shall take cognizance of any such offence except with 
the previous sanction of the State Govemment or such other 
oficer as the State Government may, by general or special order 
specify in this behalf. 
9. Lfany difficulty arises in giving effbct to the pro~isions ofthis Act, the 
State Government may, by order to be published in the 0 &id Gazette, make 
such provision orgive such directions not inconsistent with the provisions of 
this~ct, as appearto ittobenecessaryorex@ent forremovingthedifficulty. 
1 0. (1) TheStatc Government may, by no~mtion in the Official Gazette, 
make rules for carrying out the provi sions of this Act. 
(2) Everyrulemadeunderthissectionshall belaid,assoonasmaybe 
after it is made, More the House of the State Lqjslarurz while it is in session 
for a total period of ten days which may be comprised in one session or in 
hvo or more successive sessions, and if, before the exphy of the session in 
which it is so laid or tlrcscssiou immediately following, theHouse apes in 
making any rnodificati on in the rule or the H~use agrees that the rule should 
not be made, the rule shall thereafter have effect only in such modified fom or 
be of no effect, as the case may be, so however, that any such modification or 
I, 
annulment shall be without prejudice to tbe validity of anything previously 
done under that mle. 
11. The Haryana Private Colleges (Taking Over of Management) Act, 
1978 (Haryma Act 4 af 1 
1. Substiiutedby Haryana Act 2 of 1996 ar~d fudwrsubstiluled by HarymaAct 16 of 1999. 
Power to 
rcmovc 
difficulty. 
Power to makc 
rules. 
Repeal and 
Saving. 

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