The Shillong Commerce College (Taking-Over of Management) Act No.7 of 1984.

MEGHALAYA ACT 7 OF 1984
THE SHILLONG COMMERCE COLLEGE (TAKING-OVER OF MANAGEMENT) ACT,
1984
(As passed by the Assembly)
[Received the assent of the President on the 17th November, 1984]
(Published in the Gazette of Meghalaya, Extraordinary, dated 28th November, 1984)
An
Act
to provide for the taking-over of the Management of the Shillong Commerce College within
the State of Meghalaya from the present Governing Body and other committees of the College
and holders of the offices of the College for a limited period in the public interest and in order
to secure the proper management and control of the college.
Be it enacted by the Legislature of Meghalaya in the Thirty-Fifth Year of the Republic of
India as follows:-
Short title and
commencement.
1. (1) This Act may be called the Shillong Commerce College (Taking -
over of Management) Act, 1984.
(2) It shall be deemed to have come into force on and from the 14 th
day of May, 1984.
Definitions. 2. In this Act, unless the context otherwise requires:-
(a) “appointed day” means the 14 th day of May , 1984 at 16 -00
hours;
(b) “College” means the Shillong Commerce College;
(c) “Director” means Director of Public Instruction , Meghalaya;
(d) “government” or “State Government” means Government of
Meghalaya;
(e) “Governing body” means the Government Body of the
College constituted by the State Government before the
commencement of this Act and functioning as such;
(f) “prescribed” means prescribed by rules made under this Act.
Transfer of the
management and
control of the
Commerce College and
vesting thereof in the
State Government.
3. (1) On and from the appointed day and for a period of five years
thereafter, the management of and the control over the Commerce
College and all the affairs of the said College within the State of
Meghalaya shall be deemed to have been transferred to have been
vested in the State Government.
(2) On the transfer and vesting of the management and control over
the College to the State Government under sub-section (1),-
(a) the Governing Body and any other committee of the College
the President, Secretary, Principal, Lecturers, if any , of the
College and all other persons in -charge of or holding any
other offices in the management of and control over the
affairs of the College in any other capacity shall cease to
exercise any power or function regarding management and
control of the College within the State of Meghalaya and
every such Committee or Body shall be deemed to have been
superseded and disso lved and every person hereinbefore
mentioned shall be deemed to have vacated their respective
Offices.
(b) all properties, movable and immovable and all right powers,
privileges of the College within the State of Meghalaya which
immediately before the commencement of this Act, belong to
the College or any other committee or persons holding any
other office, shall, for the purposes of such management and
control, vest in the State Government and the State
Government may utilise the properties for such education al
purposes, including, including running a Science College, as
it deems necessarily.
Management of and
control over the
College and its affairs.
4. (1) The State Government may for the purposes of management of
and control over the College and all its affairs the management and
control of which have been vested in the State Government under
Sectiuon3, from time to time by orders in the official Gazette appoint
such officer or officers of the State Government and/or committee or
committees constituted of such officers of the Government and/ or
other persons as members thereof to exercise such powers, duties and
functions and for such period as may be specified in the orders;
Provided that the State Government may change the composition
of any co mmittee at any time before the expiry of the term of the
office of members.
(2) A person nominated as member to any committee under sub -
section (1) shall hold office at the pleasure of the Government and
such person may resign from membership of the c ommittee by giving
notice in writing to the State Government and shall, on such
resignation being accepted by the State Government, cease as member
of the committee.
Preparation and
submission of
statements and penalty
for non compliance.
5. (1) Notwithstanding anything in the preceding section, the President,
Secretary, Treasurer, if any of the College, functioning as such
immediately before the commencement of this Act shall prepare a
statement in relation to all matters of the College which the y were
required to deal with immediately before the commencement of this
Act and submit the same within a period of fifteen days from the date
of commencement of this Act or within such further time as may be
granted by the State Government appointed by th e State Government
appointed by the State Government in this behalf.
(2) If any person, without any reasonable excuse knowingly and
wilfully makes default in complying with the requirements of the
preceding sub -section, he shall be punishable with im prisonment
which may extend to three months or with fine which may extend to
five hundred rupees or with both.
Delivery of properties,
Books of Accounts,
Registers, etc., and
penalty for non-
compliance.
6. (1) Notwithstanding anything in Section 4 of this Act, the President,
Secretary, Treasurer, if any, of the College, functioning as such
immediately before the commencement of this Act and any other
person in custody of accounts, registers, records, other documents or
properties of and relating to the Coll ege shall handover such custody
to the officers of the Government appointed under sub -section (1) of
Section.
4. Within a period of one week from the date of their appointment or
within such further time as may be granted by the Government in this
behalf.
(2) If any person, without any reasonable excuse knowingly and
wilfully makes default in complying with the requirements of the
preceding sub -section he shall be punishable with imprisonment
which may extend to six months or with fine which may extend to
two thousand rupees or with both;
Creation of College
Fund.
7. The State Government may create and maintain in the manner
prescribed as fund to be called the “Commerce College Fund” into
which shall be paid all receipts and income of the College a nd out of
which shall be met all expenses and disbursement of the College.
Relinquishment of
management of the
College or acquisition
of the College.
8. Upon the expiration of the period of five years from the appointed day
the management and control of the College within the State of
Meghalaya shall revert back to an adhoc committee Body constituted
for the purpose;
Provided that the State Government may, at any time before the
expiration of the said period of five years, transfer back the
management and control of the College to an adhoc committee
constituted for the purpose;
Provided further that the State Government may, in the public
interest, at any time before the expiry of the said period of five years
acquire the property (movable and immovable) of the College for any
public purpose connected with education, by publishing a noti fication
to this to this effect in the Official Gazette. The acquired property
shall vest absolutely in the Government free from all encumb rances.
The amount payable as compensation, if any, shall be fixed by the
Government, which shall be final and binding.
Protection of action
taken under the Act.
9. (1) No suit, prosecution or other legal Proceeding shall lie against any
officer of the Government or member of any committee in respect of
anything which is in good faith done or intended to be done in
pursuance of this Act.
(2) No suit, or other legal proceeding shall lie against the State
Government, any committee or any member thereof or any officer of
the Government for any damage caused or likely to be caused by
anything which is in good faith d one or intended to be done in
pursuance of this Act.
Power to make rules. 10. The State Government may, by notification, make rules to carry out
the objectives of this Act in any matter as may be prescribed.
Over-riding effect of
the Act.
11. (1) The provisions of this Act and the rules framed there under shall
have effect notwithstanding anything in the Societies Registration
Act, 1860 or in the Memorandum of Association or the Rules and
Regulation of the College.
(2) During the period this Act is in force, no member of the College
shall exercise any right under section 13 of the Societies Registration
Act, 1860.
Repeal of Ordinance 1
of 1984.
12. The Shillong Commerce College (Taking -over of Management)
Ordinance, 1984 is hereby repealed.

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