The Maharashtra Educational Institutions (Management) Act, 1976.

1976 : Mah. XIII]  1 
THE MAHARASHTRA EDUCATIONAL INSTITUTIONS  
(MANAGEMENT) ACT, 1976  
[Text as on 10th September 2024] 
—————— 
CONTENTS 
PREAMBLE.  
SECTIONS.  
 1.  Short title, extent and commencement.  
 2.  Definitions.  
 3.  Taking over management of educational institution.  
 4.  Administrators.  
 5.  Advisory Committee.  
 6.  Powers of Administrator.  
 6A.  Obligation of Management to pay to Government expenditure on re muneration of Administrator and 
                    allowances of Advisory Committee and share of other expenditure of the institution.  
 7.  Provisions in case of refusal to hand over management to Administrator.  
 8.  Handing over of institution back to Management.  
 9.  Power to give directions.  
 10.  Indemnity.  
 11.  Rules.  
 12.  Saving.  
 13.  Repeal of Mah. Ord. I of 1976 and savings. 
 
  
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1976 : Mah. XIII]  The Maharashtra Educational Institutions (Management)    3 
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LIST OF AMENDMENT ACTS 
1. Amended by Mah. 36 of 1981 (29-7-1981) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 
 
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MAHARASHTRA ACT No. XIII OF 19761 
[THE MAHARASHTRA EDUCATIONAL INSTITUTIONS (MANAGEMENT) ACT,  1976.] 
[This Act received the assent of the President on the 17 th April 1976; assent was first published in the 
Maharashtra Government Gazette, 1976, Part IV, dated 18th April 1976.] 
An Act to provide for taking over management of the property of  
certain educational institutions for a limited period. 
WHEREAS both Houses of the Legislature of the State were not in session;  
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it 
necessary for him to take immediate action to provide for taking over management of property of certain 
educational institutions for a limited period in the public interest; and for that purpose promulgated the 
Maharashtra Educational Institutions (Management) Ordinance, 1976  (Mah. Ord. I of 1976 ), on the 13 th day of 
January 1976 ;  
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; It is 
hereby enacted in the Twenty-seventh Year of the Republic of India as follows :—  
1.  Short title, extent and commencement. — (1) This Act may be called the Maharashtra Educational 
Institutions (Management) Act, 1976.  
(2) It extends to the whole of the State of Maharashtra.  
(3) It shall be deemed to have come into force on the 13th day of January 1976.  
2.  Definitions.— In this Act, unless the context requires otherwise,—  
(a) “Administrator” means an Administrator or Administrators appointed under section 4  ;  
(b) “appointed date” means the date on which  the management of an educational institution is 
actually taken over by the Administrator ;  
(c) “College” means a College conducted by, or affiliated to, a University established by law in the 
State ;  
(d) “Committee” means an Advisory Committee appointed under section 5 ;  
(e) “Director” means the Director of Education, the Director of Technical Education, or any officer 
authorised by the State Government in this behalf ;  
(f) “educational institution” or “institution” means a school, a college or any ins titution by whatever 
name called the Management of which carries on (either exclusively or among other activities) the activity 
of imparting education therein ;  
(g) “employees” means employees of the institution the management of which is taken over under the 
provision of this Act ;  
(h) “Management” in relation to an educational institution, means—  
(1) in the case of an institution managed by a local authority, that local authority ;  
(2) in the case of any other institution, the person or body of persons (by whatever name called) 
who are responsible for the general administration of, and financial control over, the institution, but 
does not include an institution managed by the State Government ; 
(i) “property of the institution ” means all movable and immovable property belonging to or in the 
possession of an institution and all other rights and interests in or arising out of such property and includes 
land, building and its a ppurtenances, playgrounds, hostels, furniture, books, apparatus, maps, equipment, 
utensils, cash, reserve funds, investments and bank balances ;  
(j) “school” means a primary school, a secondary school, a higher secondary school or any part of 
such school,  a Junior College of Education, or any other institutions which impart education or training 
below the degree level including institutions which impart technical, vocational and fine arts education and 
Ashram school (being residential school for children b elonging to Scheduled Castes, Scheduled Tribes and 
Nomadic Tribes) ;  
                                                   
1  For Statement of Objects and Reasons  of the L.  A. Bill No. V of 1976 , see Maharashtra Government Gazette , 1976,  
Extraordinary No. 4, Part V, dated 8th March 1976, page 21.  
6  The Maharashtra Educational Institutions (Management)  [1976 : Mah. XIII 
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Explanation.— For the purpose of this clause—  
(i) “primary school” means a school or part of a school in which primary education is imparted;  
(ii) “primary education ” means education i mparted in a primary school in such subjects and 
upto such standards as may be determined by the State Government from time to time ;  
(iii) “secondary education ” means such general, technical, vocational or special education 
(including any combined course thereof), which follows immediately primary education and is 
imparted upto such standards as may be determined by the State Government from time to time ;  
(iv) “higher secondary school ” means an institution in which higher secondary education is 
imparted ;  
(v) “higher secondary education ” means the general, technical, vocational or special education 
(including any combined course thereof), which follows immedia tely secondary education and 
precedes immediately education controlled by Universities established by law in India ;  
(vi) “Junior College of Education ” means a school imparting teacher education to person for 
being appointed as teachers in pre-school centres and primary schools ;  
(vii) “taking ov er management of an institution ” with its grammatical variations and cognate 
expressions means the “ taking over of the management of the institution and the property of the 
institution used in relation to such management”.  
3.  Taking over management of educational institution. — (1) Whenever the Director is satisfied that the 
Management of any educational institution has neglected to perform any of the duties imposed on it by or under 
any law for the time being in force, or the memorandum of association, or any instrument (including any rules, 
regulations or by-laws) which regulates its administration or is being managed in a manner detrimental to public 
interest, and that it is expedient in the public interest, and  in particular, in the interest of education imparted in 
such institution to take over the management of such institution in so far as its activity relates to impar ting 
education, he may, notwith standing anything contained in any law for the time being in force, after giving the 
management of such institution, a reasonable opportunity of showing cause against the proposed action, by an 
order take over the management of such institution in so far as its activity relates to imparting education specified 
in the order for a limited period not exceeding three years :  
Provided that, where the management of an institution has been taken over for a period of three years, the 
Director may, if he is of opinion that in order to secure proper management of the institut ion, it is expedient that 
such management should continue to be in force after the expiry of the said limited period, he may from  time to 
time, by an order issue directions for the continuance of such management for such period not exceeding one year 
at a time as he may think fit, so however, that the total period for which such management is taken over shall not, 
in any case, exceed five years :  
Provided further that, no such show cause notice shall be necessary where the Director is satisfied that the 
Management or a majority of persons in control thereof are members of an organisation which is or whose 
members or persons in control thereof are or have been indulging in activities which are prejudicial to the internal 
security, the public safety and the m aintenance of public order in the State and such activities are reflected in the 
course of management and administration of the institution.  
(2) Whenever the management of any institution is taken over under sub-section (1), every person in-charge 
of the management of such institution immediately before the appointed date shall deliver possession of the 
property of the institution to the Director or any officer authorised by him in this behalf (being property which in 
the opinion of the Director is essential or necessary for the management of the institution).  
(3) After taking over the management of any institution under this section, the Director may, with a view to 
maintaining continuity of education imparted in such inst itution, and in the interests of the students attending it, 
arrange to manage the institution through one or more Administrators appointed under section 4.  
(4) Any Management, which is aggrieved by th e order of a Director under sub -section (1), may make a n 
appeal to the State Government within a period of 15 days from the date of receipt of the order of the Dir ector. 
The State Government may  after considering the representation made by the Management and the order of the 
Director pass such order , including an order for the restoration of the Management or for the reduction of the 
period during which the management of such institu tion shall remain vested in the Administrator as it may deem 
fit.  
(5) The decision of the Director, subject to the decision of th e State Government in the appeal, and the 
decision of the State Government in the appeal, shall be final and shall not be called in question in any court.  
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(6) Where the management of an institution has been taken over under this section, the Administrator  shall 
pay such rent as may be payable for the building of the institution to the person entitled to receive it as was being 
paid by the Management immediately before the appointed date. If the rent is payable to the Management, then 
such rent shall not be  paid to the Management, but it shall remain at the disposal of the Administrator for the 
management, maintenance and administration of the institution.  
(7) During such period as any institution remains under the management of an Administrator, —  
(a) the service conditions, as approved by the Director, of the employees shall not be varied to their 
disadvantage ;  
(b) such educational facilities as may be approved by the Director and which the institution had been 
affording immediately before the appointed date shall continue to be afforded ;  
(c) all fees, all grants and all other receipts of the institution (being fees, grants or receipts as relate to 
its activity of imparting education therein) shall continue to be available to the Administrator for being  
spent for the purposes of the institution ;  
(d) no resolution passed at any meeting of the Management of such institution shall be given effect to 
unless approved by the Director ; and  
(e) it shall be lawful for the Administrator to terminate the servic es of any employee who in his 
opinion is acting in any manner detrimental to the interest of the institution or education imparted therein 
after giving the employee a reasonable opportunity of showing cause against the proposed action ;  
(f) the employee who is aggrieved by any order of the Administrator may, within 21 days of receipt 
of the order terminating his services, appeal to the Director whose decision in the matter shall be final and 
conclusive and shall not be called in question in any court.  
4.  Administrators. — (1) The Director shall, with the approval of the State Government, appoint one or 
more Administrators, to manage the educational institution, taken over under section 3. Where more than one 
Administrator are appointed, the  State Government may, by order in writing assign sphere of his duties to be 
performed by each Administrator, subject to such directions as the Director may from time to time think fit to 
give in this behalf.  
(2) The Administrator shall be a person who ha s experience of managing an educational institution or, who 
possesses such other qualifications as the State Government may by order specify.  
(3) The terms and conditions of service of an Administrator appointed under this section shall be such as 
the State Government may by order in writing determine and different terms and conditions may be determined 
for different Administrators depending on the nature of duties which may be assigned to him.  
(4) The Administrator shall as far as practicable consult the Committee in respect of the affairs of the 
administration or management of the institution, and be guided in all such matters by its advice, unl ess for 
reasons to be recorded in writing he disagrees with the advice of the Committee. If he disagrees, then he may 
disregard the advice of the Committee, but he shall inform the Director of the disagreement and the action taken 
by him. If the Director d oes not approve the action taken by the Administrator, the Director shall issue such 
directions as he thinks fit, and the Administrator shall comply with such directions.  
5.  Advisory Committee. — (1) For the purpose of advising the Administrator generally  in the matter of 
administration and management of an educational institution taken over under section 3, the State Government 
shall appoint an Advisory Committee.  
(2) The Advisory Committee shall consist of not more than three persons who are conversant with, or have 
experience of, the management of educational institutions. One of the members shall be appointed to be the 
Chairman for the purpose of conducting the meetings of the Committee.  
(3) The members of the Committee shall hold office for a period of three years. The State Government may 
remove any member without assigning any reason. A person shall be eligible for re -appointment.  
(4) The members of the Committee shall be eligible for such allowances for attending the meetings of the 
Committee as t he State Government may by order determine. A member of the State Legislature while holding 
the office of a member of the Committee shall not be entitled to receive any allowances other than travelling 
allowance, daily allowance or such other allowance whi ch is paid to the holder of such office for the purpose of 
meeting the personal expenditure incurred in attending the meeting of the Committee or on performing any other 
functions as the holder of such office.  
(5) It shall be the duty of the Committee to advise the Administrator on such matters as the Administrator, 
the Director or the State Government may refer to it for advice or guidance. It shall also be lawful to the 
8  The Maharashtra Educational Institutions (Management)  [1976 : Mah. XIII 
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Committee to tender such advice to the Administrator in the matter of administration or management of the 
institution as the Committee may think fit.  
(6) The Committee shall, in conducting its business, determine such procedure as it deems fit, subject to 
such directions or instructions as the Director or the State Government may think fi t to give. 
6.  Powers of Administrator. — The Administrator shall manage the affairs of the institution which has 
been taken over under section 3 in accordance with the rules, regulation or by-laws or any other instrument which 
regulates the management of s uch institution. The Administrator may, notwithstanding anything conta ined in 
such rules, regulations or by-laws or such instrument administer the affairs of the institution as he may, subject to 
the approval of the Director, having regard to the exigencies of the situation, think fit.  
 1[6A. Obligation of Management to pay to Government expenditure on remuneration of 
Administrator and allowances of Advisory Committee and share of other expenditure of the institution. — 
(1) Where the management of any institution is taken over under section 3,—  
(a) the expenditure on the remuneration of the Administrator and on the allowances to the members 
of the Advisory Committee shall be paid monthly by the Management fro m the funds of the institution. 
(b) the proportionate share of the expenditure of the institution, which the Management would have 
had to meet in any year, if the management of the institution had not been taken over, shall initially be 
borne and paid to the Administrat or by the State Government, but the Management shall, on demand made 
by the Administrator, pay from the funds of the institution annually to the State Government the share of 
the expenditure so borne and paid by the State Government :  
Provided that, the management shall not be liab le to bear inadmissible expendi ture incurred by the 
Administrator, if any.  
(2) If any default is made by the Management in making any such payment in time, the amount due may be 
recovered by the State Government from the Management as an arrear of land revenue.  
(3) If there is any doubt or dispute regarding the liability of the Management to pay any amount under this 
section, the question shall be referred for the decision of the State Government and the decision of the State 
Government thereon shall be final and conclusive :  
Provided that, the management shall be given reasonable opportunity of being heard before taking such a 
decision.]  
7.  Provisions in case of refusal to hand over management to Administrator. — (1) On the appointment 
of an Administrat or, the Management of the insti tution, the management of which has been taken over under 
section 3, shall forthwith hand over the management of the institution to the Administrator and all papers and 
property of the institution in its possession or under its control (being papers and property which in the opinion of 
the Director is essential or necessary for the management of the institution).  
(2) If the Management refuses to hand over the management of the institution as required by  
sub-section (1), the Director or any officer duly empowered by him in this behalf may, by an order in writing, 
direct the Management to forthwith hand over the manag ement of the institution together with the papers and 
property of institution in its possession or under its control referred to in sub -section (1) to the Administrator.  
(3) If the Management to whom a direction has been issued under sub -section (2) does not comply with the 
direction, the Director may take steps to recover all papers and property of the institution in its po ssession or 
under its control so far it is necessary for its management and for that purpose the Director may authorise any 
officer to issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised 
by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973  (2 of 1974) .  
The papers and property so recovered shall be handed over to the Administrator. 
8.  Handing over of institution back to Management. — (1) After the expiry of the period for which the 
management of any institution has been taken over, the Administrator shall, s ubject to the provisions of  
sub-section ( 2), hand over the institution together with the property of the institution to the Management 
concerned.  
(2) Before handing over the institution to the Management, the Administrator may make an application to 
the Charity Commissioner to settle a scheme of m anagement in the interest of the proper administration of the 
institution ; and thereupon, the provisions of section 50 -A of the Bombay Public Trusts Act, 1950  (Bom. XXIX 
of 1950), shall apply, as they apply in relation to scheme settled by the Charity Commissioner under that section.  
                                                   
1  Section 6A was inserted by Mah. 36 of 1981, s. 2. 
1976 : Mah. XIII]  The Maharashtra Educational Institutions (Management)    9 
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(3) If the Management fails to administer the institution according to the scheme of management settled by 
the Charity Commissioner, the institution shall be liable to be taken over under this Act :  
Provided that, no institu tion shall be taken over for management again, unless the Management has been 
given a reasonable opportunity of being heard.  
9.  Power to give directions. — Notwithstanding anything contained in this Act, the State Government 
shall have power to give to an Administrator all such directions as it may consider necessary in regard to any 
matter connected with the administration or management of the institution, a nd the Administrator shall comply 
with such directions.  
10.  Indemnity. — No suit or prosecution shall lie against any person in respect of anything which is in 
good faith done or intended to be done under this Act.  
11.  Rules.— (1) The State Government may, subject to the condition of previous publication, make rules 
for carrying out the purposes of this Act. Such rules may provide for levying fees for any of the purposes of this 
Act ; and for refund of such fees.  
(2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the 
State Legislature while it is in session for a total period of thirty days which may be comprised in one session or 
in two successive sessions and if, before the e xpiry of the session in which it is so laid or the session immediately 
following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not 
be made, and notify such decision in the Official Gazette , the rule sha ll from the date of publication of such 
notification have effect only in such modified form or be of no effect, as the case may be ; so, however, that any 
such modification or annulment shall be without prejudice to the validity of anything previously done  or omitted 
to be done under that rule.  
12.  Saving.— The provisions of this Act shall not apply to any educational institutions established or to be 
established and administered or to be administered by any minority, whether based on religion or language .  
13.  Repeal of Mah. Ord. I of 1976 and savings. — (1) The Maharashtra Educational Institutions 
(Management) Ordinance, 1976 (Mah. Ord. I of 1976), is hereby repealed.  
(2) Notwithstanding such repeal, anything done or any action taken (including any appo intment made or 
any order issued) under the Ordinance so repealed, shall, be deemed to have been done, made or issued, as the 
case may be, under the corresponding provisions of this Act. 

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