LexThe Tamil Nadu Private Colleges (Regulation) Act, 1976
Tamil Nadu · state statute
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The Tamil Nadu Private Colleges (Regulation) Act, 1976
Act 19 of 1976
Keyword(s):
College Committee, Educational Agency, Grant, Private College, Teacher,
University
Amendments appended: 1 of 1987, 30 of 1987, 2 of 1992, 16 of 1998, 9 of 2019
1976 : President's ~ct 191 Private Cotleges 361
(Regulation)
THE TAMIL NADU PRIVATE COLLEGES (REGUJ,ATXOH>
ACT, 1976.
ARRANGEMENT OF SECTIONS.
CHAPTER I.
PRELIMINARY.
1. Short title, extent, application and commencement.
2. Definitions.
CHAPTEK 11.
ESTABLISHMENT, PERMISSION FOR ESTABLISHMENT AND MANAGEMEN%
OF PRIVATE COLLEGES.
3. New private college to obtain permission.
4. Application for permission and sending of statement.
5. Grant of permission.
6. Permission deemed to be granted in certain cases.
7. Approval of transfer of permission.
8. Minority college to be established without permicioa.
9. Minority college to send statement.
10. Payment of grant.
jS2 Private Collegk~ [I916 : President's Act 19
(Regulation)
SECTIONS.
CHAPTER 111.
COLLEGE COMMITTEE AND ITS CONSTITUTION AND FUNCTIONS.
11. Constitution of college committee.
12. Secretary of the college committee.
13, Meetings of the college committee.
14. Functions of the college committee and responsibility of edu-
cational agency under the Act.
APPOINTMENT OF SPECIAL OFFICER IN CERTAIN CASES.
14-A. Appointment of special officer in certain cases.
14-B. Appeal to Special Tribunal.
CHAPTER IV.
TERMS AND CONDITIONS OF SERVKE OF TEACHERS AND OTHER PERSONS
EMPLOYED IN PRIVATE COLLEGES.
15. Qu~Cfications of teachers and other persons employed in private
colleges.
16. Appointment of teachers and othlr persons in private college.
17. Conditions of service, etc., of teachers and other persons
employed in private colleges.
governed by Code of Conduct.
1 19% : President's Act 191 Private ~olie~es %j
(Regulatton)
20. Appeal against orders of punishment imposed on teachers
and other persons employed in private colleges.
21. Second appeal in case of dismissal, removal or reduction in
rank or termination of appointment of teachers or other per-
sons employed in private colleges.
22. Special provision regarding appeal in certain past disciplinary
cases.
23. Pay and allowances of teachers and other persons employed
in private college to be paid in the prescribed manner.
1 24. Chapter to have overriding effect and certain provisions thereof
not to apply to minority colleges.
CHAPTER V.
CONTROL OF PRIVATB COLLEGES.
25. Closure of private college.
I I
I 26. Educational agency to send list of properties.
I
27. Restriction on alienation of property of private college. I
I
28. Fees and other charges.
29. Utilisation of funds and property of private college,
30. Taking over management of private college.
31. Relinquishment of control of property.
32. Minority college not to be taken over.
CHAPTER VI.
Accom, AUDIT, INSPECTION AMD RIfiURNS.
33. Accounts.
34. Annual audit of accounts.
35. Inspection or inquiry.
36. Furnishing of returns, etc.
125-10-36A
"3
Private Colleges
I
11976 : President's Act 19
(Regulation)
SECTIONS.
CHAPTER WI. I
GENERAL PROVISIONS REGARDING APPBAL AND REVISION.
I 37. Appeal against orders of competent authority.
38. Tribunal. 1
39. Time for appeal and powers of appellate authority.
40. Deposit with the Tribunal of pay and allowances of teachers
and other persons employed in private colleges in certain cases.
41. Revision.
I
I
CHAPTER VIII.
42. Penalty for not giving information or giving false information.
43. Other penalties. 1
44. Offences by companies. I
45. Cognizance of offences. I
46. Jurisdiction of criminal court. I
CHAPTER IX.
MISCELLANEOUS,
47. Delegation of powers of Governnient.
48. Competent authority, ctc., to be public servant.
49. Civil court not to decide quest ion under this Act.
I
1976 : President's Act 191 Private Colleges (Regulation> 565
SECTIONS.
50. Finality of orders, etc., passed under this Act.
51. Indemnity.
52. Overriding effect of this Act.
53. Power to make rules.
54. Publication of rules, commencement of rules and notifioations
and placing them on the table of the Legislature.
55. Act to be prospective in its application to certain persons.
56. Repeal and saving.
Short title,
extent, appli-
cation and
commencement.
566
(Renulation)
1 Private Colleges [I 76 : President's Act 19
b PRESIDENT'S ACT N .19 OF lW6.*
CHE TAMIL NADU PRIVATE COLLEGES
(REGULATION) ACT, 1976.
Received the assent of the President on the 16th April 1976,
jirstpublished in the Tamil Nadu Government Gazette
Extraordinary on the 17th April 1976 (Chithirai 5,
Nala (2007-Tiruvalluvar Andu)) . ]
Enacted by the President in thk Twenty-seventh Year
oC the Republic of India.
An Act to provide for the regulation of private colleges
in the State of Tamil Nadu.
In exercise of the powers conferred by section 3 of the
Tamil Nadu State Legislature (Delegation of Powers)
Act, 1976 (41 of 1976), the President is pleased to enact
as follows :-
CHAPTER I. 1
PRELIMINARY.
I I
1. (1) This Act may be called tie Tamil Nadu Private
Colleges (Regulation) Act, 1976.
(2) It extends to the whole of the State of Tamil
Nade.
(3) It applies to all private colleges.
(4) Save as otherwise provided in section 55, the
provisions of this Act shall be deemed to have come into
force on the 21st day of November, 1975.
Definitions. 2. In this Act, unless the context otherwise requires,-
(1) "academic year" means the year commencing
on the first day of June ;
(2) " college committee ", in relation to a private
college, means the college committee referred to in section
11 ;
-. -- --
* For Reasons for the enactment, see Tamil Nadu Government
Gazette Extraordinary, dated the 17th April 1976, Part IV-Section
2, Page 197,
I
- -- - --
1976 : President's Act 191 Private Colleges 5 67
(Regulation)
(3) "competent authority ", in relation to any pro-
vision of this Act means-
(i) any university,
(ii) authority, officer or person,
empowered by the Government, by notification, to be
the competent autl~ority for the purposes of that pro-
visioil and different competent authorities may be appointed
for different provisions or for different areas or in re-
lation to different classes of private colleges as may be
specified in the notificltion ;
(4) "educational agency", in relation to-
(a) any minority college, means any person who,
or body of persons which, has established and is add-
nistering or proposes to establish and administer such
minority college ; and
(b) any other private college, means any person
or body of persons permitted or deemed to be permitted
under this Act to establish and maintain such other private
collpge ;
$44: (5) "Government" means the StateYGovernrnent ;
% a (5) "grant" means any sum of money paid as aid
nut of State Funds to any private college ;
(7) "minority college" means a private college OF
its choice established and administered, or administered,
by any such minority whether basedJoflo? religion or lan-
guage as has the right to do so under clause (1) of artic!e
30 of the Constitution ;
(8) "private college" means a college maintained
by an educational agency and approved by, or affiliated
to, a university but does not include a college
(a) established or administered or maintained by
the Central Government or the Government or any local
authority or any university ; or
(b) giving, providing or imparting religious
instruction alone, but not any other instructio'ls ;
(9) "secretary", in relation to a private sallegea
means the secretary ref~rred to in sectianjl2 ;
I
568 Private Colleges (Regulufion) [I 76 : ~resident'l Act 19
(LO) "teachers" means such' Professors, Assistant
Professors, Readers, Lecturers, Demonstrators, Tutors,
Librarians and other like persons as may be declared
ro be fe;achers by the statutes framed under any law for
the time being in force governing a university ;
(11) "Tribunal" means a Tribunal constituted
under section 38 and having jurisdiction ;
I
(12) 6cuniversity" means thq Madras university,
the *Madurai University or, as the case may be, any other
university that may be established in the State of Tamil
Nada under any law. 1
CHAPTER 11. I
New private 3. Save as otherwise expressly provided in this Act,
colleges to no person shall, without the permission of the Govern-
obtain ?armis- inelit and except in accordance with the terms and condi- sion. tions specified in such permission, establish, on or after
the date of commencement of this Act, any private college:
Provided that it shall also be necessary to obtain affilia-
tion of such college to a university.
Application for 4. (1) The educational agency of every private college
perm:ssion proposed to be established on or after the date of commen- 'nd cement of this Act shall make an application to the of statement. Government for pernlission to establish such college.
(2) Every such application shall- I
(a) be in the prescribed form ; !
(b) be accompanied by such fee not exceeding
five hundred rupees as may be prescribed ; and
- .. . -* -.c---.
*By virtue of section 5 of the Madurai University (Amendment
ana special Provisions) Act, 1978 (Tami!,Nadu Act 38 of 1978) the
reference to the Madurai University shall ,,be construed as 4
reference to the " Madurai-Kamaraj University .
1976 : President's Act 191 Private Colleges (Regulation) 569
(c) contain the following particulars, namely :-
(i) the name of the private college and the name
and address of the educational agency ;
(ii) the need for the private college in the
locality ;
(iii) the course for which such private college
proposes to prepare, train or guide its students for appear-
ing at any examination conducted by, or under the autho-
rity of, a university ;
(iv) the amenities available to students and
teachers ;
(v) the equipment, laboratory, library and other
facilities for instruction ;
(vi) the sources of income to ensure the financial
stability of the private college ;
(vii) the situation and the description of the
buildings in which such private college is proposed to
be established ; and
(viii) such other particulars as may be pres-
cribed.
(3) The educatiolzal agency of every private college
in existence on the date of commencement of this Act,
shall, within such period as may be prescribed, send to
the Government a statement in the prescribed form
containing-
(i) the particulars specified in clause (c) [excluding
sub-clause (ii) thereof of sub-section (2)J ;
(ii) the names of the members of the teaching
and non-teaching staff and the educational qualifications
of each such member ; and
(iii) the number of students and classes in the
private college.
5. (1) On receipt of an application under sub-section Grant of
(1) of section 4, the Government- permission.
(LI) may, after considering the particulars con-
tained in such application, grant or refuse to grant the
permission ; md
570 Private Colleges [I916 I: President's Act 19
(Regulation)
I
(b) shall communicate their decision to the appli-
cant within such period as may be prescribed :
Provided that the permission shall not be refused under
this section unless the applicant has been glven an oppor-
tunity of making his representations :
Provided further that in case of refusal of the permis-
sion the applicant shall be entitled to the refund of one-
half of the amount of the fee accompanying the applica-
tion.
(2) The decision of the Government under clause (a)
of sub-section (1) shall be final.
(3) No university shall grant affiliation to any pri-
vate college unless permission has been granted by the
Government under sub-section (1).
Permission 6. On receipt of a statement under sub-section (3) of
deemed to be section 4 from any private college in existence immedi-
granted in ately before the date of omm men cement of this Act per- certain cases. mission under sub-section (1) of section 5 shall be deemed
to have been granted to such private college but no fee
shall be payable for any such permission.
Approval of 7. (1) (a) Whenever there is any change in the con-
transfer. of stitution of the educational agency in relation to a private
permss'on. college, not being a minority college, that agency shall
apply to the competent authority for approval of such
change.
(b) Whenever the management of any private col-
lege is proposed to be transferred, the educational agency
and the person to whom the management is proposed to
be transferred may, before such transfer, apply jointly
to the competent authority for approval of the transfer.
a (c) On any transfer of the ma gement of private
college, without approval having been obtained for such
transfer under clause (b), the transferee shall, if he desires
to run it as such, apply to the competent authority within
such period as may be prescribed for approval of the
transfer. I
(d) An application under clause (a), clause (b)
or clause (c) shall be in such form and contain such parti-
cvlars as may be prescribed.
I
1976 : President's Act 191 Private Colleges (Regulation) 571
I
(2) On receipt of an application under sub-section
(I), the competent authority shall-
(a) if it is satisfied, after making such inquiry as
it deems fit, that the educational agency will continue to
maintain and manage or, as the case may be, that the
transferee will maintain and manage the private
college in accordance with the provisions of this
Act, and the rules made thereunder, approve the change
or, as the case may be, the transfer, subject to such con-
ditions as it may impose ; and
I
(b) communicate its decision to the applicant within
such period as may be prescribed.
8. Any minority, whether based on religion or language, Minority
may establish and administer any private college without college to be
permission under subsection (1) of section 5 read with $&Fp"&-
sections 3 and 4. rm~plon.
9. (1) Every minority college in existenoe immediately Minority
before the date of commencement of this Act shall send college to send
to the competent authority a statement containing the Statement.
particulars specified in clause (c) [excluding sub-clause (ii)
thereof] of sub-sect~on (2) of section 4 within such period
as may be prescribed.
(2) Every minority college established and admi-
nistered after the date of cc nunencement of this Act shall
send to the competent authority a statement containing
particulars specified in clause (c) of sub-section (2) of
section 4 within such period as may be prescribed.
10. (1) Subject to such rules as may be prescribed, Payment of
the Government may pay to the private college grant at grant.
such rate and for such purposes as may be presoribed.
(2) The Government may withhold permanently
or for any specified period the whole or part of any grant
referred to in sub-section (1) in respect of any private
oollege-
(i) which does not comply with any of the pro-
visions of this Act or any rules made or directions issued
thereunder in so far as such provisions, rules or directions
are applicable to such private oollege, or
Constitution
of college
committee.
Secretary of
the college
committee.
Meetings of
the college
committee.
512 Privc~te Colleges (Regulation) [I976 : President's ~ct'l9
(ii) in respect of which the pay and allowances
payable to any teacher or other person employed in such
prlvate college are not paid to such teacher or other person
in accordance with the pmisions of this Act or the rules
made thereunder, or
I
(iii) which contravenes or fails to comply with any
such conditions as may be prescribed.
(3) Before withholding the grant under sub-section
(2), the Government shall give the educational agency
an opportunity of making its representations.
CHAPTER 111.
COLLEGE COMMITTEE AND ITS'CONSTITUTION AND
Fm\rc~Io~s.
11. Every private college, not being a minority college,
shall have a college committee which shall include the
principal of the private college and two senior professors
employed in the private college.
! 12. (1) Every college committee $hall have a secretary
who shall exercise such powers and perform such fun-
ctions as may be prescribed.
I
(2) Every person holding officd as president, secre-
tary, manager or correspondent of a private college or
exercising thc powers of secretary under this Act on the
date of its commencement shall be deemed to be a
secretary under this Act.
13. (1) The college committee shall meet at shch
times and places and shall, subject to the provisions of
sub-sections (2) and (3) observe such rules of procedure
in regard to transaction of business at its meetings (inclu-
ding the quorum at meetings) as may be prescribed :
Provided that the college committee shall meet at
least once in every three months.
(2) The president of the college committee or, in
his absence, any member chosen by the members present,
shall preside at a meeting of the college committee.
1976 : President's Act 191 Private Colleges (Regulation) 573
(3) All questions at any meeting of the college com-
mittee shall be decided by a majority of the votes of the
members present and voting and in thc case of an equality
of votes, the president or, in his absence the member
presiding, shall have and cxercise a second or casting
vote.
14. (1) Subject to the provisions of this Act and the Functions of
rules made thereunder, the college committee shall have the college
the following functions, namely :- committee and
resvonsibility
of educational
(a) to carry on the general administration of agency under
the private college excluding the properties and funds the Act.
of the private college ;
(b) to appoint teachers and other persons of the
private college, fix their pay and allowances and define
their duties and the conditions of their service ; and
(c) to take disciplinary action against teachers
and other persons of the private college.
(2) The educational agency shall be bound by any-
thing done by the college committee in the discharge of
the functions of that committee under this Act.
(3) For the purposes of this Act, any decision or
action taken by the college committee in respect of any
matter over which the college committee has jurisdiction
shall be deemed to be the decision or action taken by the
educational agency.
'[CHAPTER 111-A.
14-A. (1) (a) Where the Government, on receipt of a Appointment
report from the Director of Collegiate Education or other- of
wise, are satisfied that the management of any privatc z~~~&~.
college,-
(i) is responsible, whether on or after the date
of commencement of the Tamil Nadu Recognised Private
Schools (Regulation) and Private Colleges (Regulation)
1 This Chapter was inserted by. section 4 of the Tamil Nadu
Recognised Private Schools (Regulation) and Private Colleges (Regu-
lation) Amendment Act, 1982 (Tamil Nadu Act 48 of 1982), which
was deemed to have come ~nto force on the 1st June 1981.
k 574 Private Colleges (Regulation) [I97 : President's Act 19
Amendment Act, 1982, for the maladniinistration, lapses
or irregularities of such private college ; or
(ii) has neglected whether on or after the date
of commencement of the Tamil Nadu Recognised Pri-
vate Schools (Regulation) and Private Colleges (Regulation)
Amendment Act, 1982 to discharge any of the duties
imposed on, or to perform any of the functions entrusted
to such management by or under this Act, or any rule
or order made or direction issued thereunder,
the Government may, after giving to such manage-
ment an opportunity to make representation and for
reasons to be recorded in writing, by an order, suspend
the management and appoint a special officer for a period
not exceeding one year or till the reconstitution of the
management (in accordance with the law applicable to
the reconstitution of such management), whichever is
later :
Provided that in no case the maximum period of
such suspension of management shall exceed two years
irrespective of the reconstitution of the management in
accordance with the law applicable to the reconstitution
of such management :
Provided further that, where the management of
any minority college is suspended, the Government shall
appoint zt special officer belonging to that minority which
has been administering the said minority college immedia-
tely preceding such suspension.
(b) On the making of an order under clause (a),
suspending the management of a private college,-
(i) the management shall cease to discharge the
duties imposed on, and to perform the functions entrusted
to it ; and I
(ii) the special officer- 1
(A) shall take all such stips as may be neces-
sary to efficiently manage and run the private college in
accordance with any law applicable to the private college in
so far as such law is not inconsistent with this Act ; and
(B) may afford such special educational faci-
lities as were immediately before the making of the order
under clause (a), afforded at the private college.
1976 : President's Act 191 Private Colleges (~egu!ation) 575
Explanation.-In item (A) of sub-clause (ii) of clause
(b), the expression " law " includes any bye-law, rule,
regulation, custom, usage or instrument having the force
of law.
(c) Where the Government are satisfied that the
manager alone is, whether on or after the date of comment+
merit of the Tamil Nadu Recognised Private Schools
(Regulation) and Private Colleges (Regulation) Amend-
ment Act, 1982, responsible for the lapses or irregularities
of the private college, action shall be taken against him
by the management, as recommended by the Govern-
ment.
(2) The Government may, for reasons to be recorded
in writing, by an order declare a person to be unfit to be
the manager of-a private college after giving to such person
an opportunity of making his representation against such
declaration and under intimation to the management
and on such declaration the person aforesaid shall cease
to be the manager of the private college and the manage-
ment of such private college shall nom-nate another person
as a manager in his place.
(3) Eor the removal of doubts it is hereby declared
that any wilful failure or wilful negligence on the part
of a management to take action against the manager as
required under clause (c) of sub-section (1) or to nominate
another person as manager under sub-section (2) shall
constitute an act of maladministration and action shall
be taken against the management of private college under
this Act accordingly.
Explanation.-For the purposes of this Chapter,-
(a) " management " includes the college committee
or any person, body of persons, committee or any other
governing body, by whatever name called, in whom the
power to manage or administer the affairs of a private
college is vested :
Provided that the Board of Trustees, or governing
body of Wakf Board, by whatever name called, consti-
tuted or appointed under any other law for the time being
in force relating to the charitable and religious institu-
tions and endowments and wakfs, shall be deemed to be
a management for the purposes of this Chapter ;
i $76 Private Colleges (Regufation) [I976 : President's Act 19 I
I (b) " manager " means the secretary, or any person
holding office as president, manager or correspondent of a
private college, who is managing or administering the
aralrs of such private college ;
(c) " private college " includes a minority college.
(4) Sub-sections (1) and (2) shall apply to a minority
college, in so far as they are not repugnant to clause (1)
of Article 30 of the Constitution.
Sveclal ApP?' to 14-B. (1) Any person aggrieved d y an order bassed
Tribunal. by the Government under section 14-A may, within one
month from the date of receipt of such order, prefer an
appeal to the Special Tribunal consisting of two Judges
of the High Court nominated from time to time by the
Chief Justice in that behalf :
Provided that the Special Tribunal may in its
discretion allow further time not exceeding one month
for the filing of such appeal. 1
(2) The members of the specia\ Tribunal shall hear
the appeal on all points whether of law or of fact. Where
on any such point or points the members are divided in
their opinion they shall state the point or points on which
they are so divided and such point or points together
with their opinion thereon shall then be laid before one
or more judges nominated for the purpose by the Chief
Justice and such Judge or Judges shall hear the appeal
in so far as it relates to such point or points, and
on each such point, the decision of the majority of the
I Judges who have heard the appeal including those who
first heard it shall be deemed to be the decision of the
Special Tribunal. I
(3) The Special Tribunal shall have the same powers
as are vested in a civil court under the Code of Civil
Procedure, 1908 (Central Act V of 1908) when hearing
an appeal.
(4) Every order made by the Special Tribunal under
this Act shall be deemed to be a decree of a civil court and
shall be executable in the same manner as a decree of
such court.
(5) The decision of the Special Tribunal shall be
final.]
I
hLCHAPTER IV.
TERMS AND CONDITIONS OF SERVlCE OF TFJACHERS
AND OTHER PERSONS EMPLOYED IN PRIVATE COLLEGS,
13. The university may make regulations, statutes or Qualjfications
ordinances specifying the quahfications required for the
appointment of teachers and other persons employed in persons
any private college. employed in
private colleges.
16. fl') NO person who does not possess the qualifi- Appointment
cations specified under section 15 shall, on or after the ~f~~~~,~~
date of commencement of this Act, be appoioted as teacher in private
or other employee in any private college. college.
(2) Nothing contained in this section or any regula-
tion, statute or ordinance made under section 15 shall
apply to any person who, on or before the date of
commencement of this Act, is employed as teacher or
other employee in any private college.
17. The Government may make rules in consultation Conditions of
with the university regulating the number and conditions ~~~~h~~;nd
of service (including promotion, pay, allowances, leave, other persons
pension, provident fund, insurance and age of retirement employed in
and rights as 'respects disciplinary matters but exclu- Pflvafe collegm.
ding qualifications) of the teachers and other persons
employed in any private college.
18. (1) Every teacher and every other person employed Teachers and
in any private college shall be governed by such Code of other persons
Conduct as may be prescribed and if any teacher or other employed in
person so employed violates any provision of such Code ~~~t~~~~
of Conduct, he shall be liable to such disciplinary action by Code of
as may be prescribed. Conductif
(2) The college coaidttee may define the standards
of conduct to be observed by teachers and other persons
employed in the private college, such standards not being
inconsistent with the provisions of this Act and the rules
made thereunder.
19. (I) Subject to any rule that may be made in this Dismissal,
behalf, no teacher or other person employed in any private ~~~'O~~
college shall be dismissed, removed or reduced in rank ,,a
nor shall his appointment be otherwise terminated except suspension of
with the prior approval of the competent authority. teachers or
other persons
employed in
private coUeges.
.$% Private Colleges (kegulatson) [I b 6 : fiesMent% Act 19
(2) Where the proposal to dismiss, remove or reduce
in rank or otherwise terminate t e appointment of any
7 teacher or other person employed in any private college
is communicated to the competent authority, that authority
shall, if, it is satisfied that there are adequate and reasonable
grounds for such proposal, approve such dismissal, removal,
reduction in rank or termination of appointment.
(3) (a) No teacher or .other person employed in
any private college shall be placed under suspension,
except when an inquiry into the gross misconduct, within
the meaning of the Code of Conduct prescribed under
sub-section (1) of section 18, of such teacher or other
person is contemplated.
I
(b) No such suspension shall remain in force for
more than a period of two months from the date of sus-
pension and if such inquiry is not completed within that
period, such teacher or other person shall, without pre-
judice to the inquiry, be deemed to have been restored as
teacher or other employee : 1
Provided that the compet 1 nt authority may, for
reasons to be recorded in writing, extend the said period
of two months, for a further period not exceeding two
months, if, in the opinion of such competent authority,
the inquiry could not be completed within the said period
of two months for reasons directly attributable to such
teacher or other person. I
Appeal against
orders of
punishment
~rnposed on
teachers and
other persons
employed in
private
colleges.
20. Any teacher or other persod employed in any private
college-
(a) who is dismissed, removed or reduced in rank
or whose appointment is otherwise terminated ; or
(b) whose pay or allowances or any of whose conditions
of service are altered or interpreted to his disadvantage,
by any order, may prefer an appeal against such order to
such authority or officer as may be prescribed; and
different authorities or officers may be prescribed for
different classes of private colleges.
Explanation.-In this section, the expression " order
~ncludes any order made on or after the date of commence-
ment of this Act in any disciplinary proceeding which was
pending on that date.
1976 :.President's Act 193 Private Colleges (Regulation) 579
n-
21. If the appeal underTsection 20 was against the Second appeal
dismissal, removal or reduction in rank or the termination i? case of
otherwise of the appointment of any teacher or other ~~~~~fr
person employed in any privY.te college, such teacher reduction in
or other person or the educational agency aggrieved by any rank or
order made in any such appeal, may prefer an appeal termination of
against that appellate order to the Tribunal. appointment
of teachers or
other persons
epployed in
prlvate
colleges.
22. (1) If, before the date of commencement of this Special provi-
Act, any teacher or other person employed 1x1 any private sion regarding
college has been dismissed or removcd or reduced in rank appeal In
or his appointment has been otherwise terminated and any ;::$%faa$
appeal preferred before that date- cases. (a) by him against such dismissal or removal or
reduction in rank or termination ; or
(b) by him or the educational agency against any order
made before that date in the appeal referred to in clause
(a) is pending on that date,
such appeal shall,-
(i) in a case falling under clause (a), stand transferred
to the appellate authority prescribed under section 20; or
(ii) in a case falling under clause (b), stand trans-
ferred to the Tribunal.
(2) If any such appeal as is referred to in sub-section
(1) has been disposed of before the date of comnienccment
of this Act, the order made in any such appeal shall be
deemed to be an order made under this Act and shall have
effect accordingly.
23. The pay and allowances of any teacher or other PaY ~d
person employed in any private collegz shall be paid on or ~~~~~{~~
before such ddy of every month, at such rate and in such ,,d other
manner and by or through such authority,of%~er or person, persons
as may be prescribed. employed in
private
college to be
paid In the
prescribed
manner.
24. (1)This Chapter or any rule providing for all or any Chapter to
of the matters specified in this Chapter or any order made haye over-
in relation to any such matter shall have effect notwith- ~~&;~~t
standing anything contained in any- provisions (i) other law for the tim~ being in force, or thereof not to
(ii) award, agreement or contract of servlce, whether apply to
such award, agreement or contract of service was made mlnoritY
before or after the date of cornencement of this Act, or wueges*
125-10-37A
,
Closure of
prlvate
college.
Educational
agency to
sand list of
properties.
580 Private College$ [I976 : President's Act @
(Regulation)
I
(iii) judgment, decree or order of court, tribunal
or other authority: I
I Provided that where, under any such award,
agreement, contract of service or otherwise, any teacher
or other person employed in any private college is ent~tled
to benefits in respect of any matter which are more
favourable to him than those to which he will be entitled
under this Chapter, such teacher or other person shall
continue to be entitled to the more favourable benefits in
respect of that matter, notwithstanding that he receives
benefits in respect of other matters under this Chapter.
(2) Nothing contained in this Chapter shall be cons-
trued as precluding any such teacher or other person from
entering into an agreement for granting him rights or
privileges in respect of any matter which are more favourable
to him than those to which he would be entitled under
this Chapter.
(3) The provisions of sub-section (2) of section 18
and of sections 19 to 22 (both inclusive) of this Chapter or
any rule providing for all or any of the m .tters specified
therein or any order made in relation to any such matter
shall not apply to a minority college.
CHAPTER V.
CONTROL OF PRIVATE COLLEGES.
25. (1) No private college and no class and no course
of instruction therein in a private college shall be closed
without a notice in writing having been given to the com-
petent authority and without making such arrangements
as may be prescribed for the continuance of the instruction
of the students of the private college or the class or the
course of instruction, as the case may be, for the period
of study for whch the students have been admitted.
(2) The period of notice under sub-section (1) shall
be such as may be prescribed and different periods of
notice may be prescribed for different classes of private
colleges. i
216. The educational agency shall,' on or before the
prescribed date in each year, furnish to the competent
authority a statement (with such particulars as may be
prescribed) of every-
(a) movable property of not les than such value as
may be prescribed; and
I
I
I
I
1976 : Ptesident9s Act 191 Private Colleges 58 1
(Regulation)
(b) immovable property
of the private college.
27. (1) Notwithstanding anything contained in anyRestriction on alienatlon other law for the time being in force or in any deed, of property
document or instrument having effect by virtue of such ofprivate
other law- college.
(a) no proper ty of a private college shall, except with
the previous permission in wri ing of the competent
authoiity, be transferred byway of sale, exchange, mortgage,
charge, pledge,lease, gift or in any other manner whatsoever;
and
(b) if any such property is transferred without such
permission, the transfer shall be null and void.
(2) The competent authority may-
(a) grant the permission under clause (a) of sub-section
(1) if the transfer is made in furtherance of the purpses of
the private college or of similar purposes approved by the
competent authority; and the assets resulting from the
transfer are to be wholly utilised in furtherance of the
said purposes; and
(b) when granting such permission, impose such
conditions as it deems fit to ensure that such assets are
wholly utilised in furtherance of such purposes; but a
contravention of any such condition shall not invalidate the
transfer:
Provided that the permission shall not be refused under
this section unless the applicant has been given, an
opportunity of making his representations.
Explanation I.-For the purposes of this section, "pro-
perty" means any-
(a) movable property of not less than such value as
may be prescribed; and
(b) such immovable property as may be specikd in
the rules made in this behalf.
Explanation 11.-In tbis section and sections 28 and 29,
d'private college" does not include a minority\coIlege.
28. (1) Subject to the provisions of sub-section Fees ad
(2), no private college shall levy any fee or cqllect other charges.
any other charge or receive any other payment except
a fee, charge or payment specified by the GomBtent
authority :
582 Private Colleges 1 1976 : President's Act 19
(Regulation)
Provided that the examination fees that are
being prescribed by the university shall continue to
be prescribed by such university.
(2) Every private college in existence on the
date of commencement of this Act and levying differ-
ent rates of Fee.; or other char es or receiving any
other amount on such date, siall obtain the prior
appr~val of the competent au h~ity before continu-
ing to levy such fees or cbatcges or receive such
payment.
Utilisation 29. (1) All the moneys collected, grants received
offunds and other propefty held by or on behalf of a private
and property college shall be utili,ed for the purpL)se; for which of private
college. they are intended and shall be accvunted for by the
educational agency in such manner as may bs
prescribed.
(2) A private college may invest or deposit the
funds-
(a) in the State Bank of India const;tuted
under the State Bank of India Act, 1955 (23 of 1955); or
(b) in a subsidiary bank as defined in the
State Bank of India (Subsidiary Banks) Act, 1959 (38
of 1959);or
(c) in any corre~ponding new bank as defined
in the Banking Companies ( Acquisition and Transfer
of Undertakings) Act, 1970 (5 of 197C ) or Post Office
Savings B~nk ; or
(d) in any of the securities specified in section
20 of the Indlan Trusts Act, 1882 (2 of 1882) ; or
(e) in such other mode as may be prescribed.
Taking over 30. (1) If, on recept of a report from the
management competent auth )rity or uthecwise, the G~vernment
ofprivate are sat~sfied th%.t the educational agency of any college. private cnllege h-ic neglected to discharge any of the
duties impxed on, or to p:rform any of the functions
entrusted co, that agency by or under this Act or any
rule or order made or direction issued thereunder and
that it is expedient in the interest of collegiate edu-
cation to take over the manage ent of such private
college, the Government may, Ty order in writing,
take over the management of such private college :
1 [ Provided that the Government shall not
initia?e any proceeding under this section to take
over the management of any private college unless
soviso was added by section 5 (i) of the Tamil Nadu
~ecognised Private Schools (Regulation) and hivate Colleges
(Rqgulation) Amendment Act, 19&2 (Tamil Nadu Act 48 of 1982)
~hch was deemed to have come Into force on the 1st June 1981.
1976 : President's Act 191 Private CoIIeges 583
(Regulation)
they are satisfied that suspension of the management
under sectlon 14-A will not be sufficient.l
(2) Before making an *order under sub-section
(I), the Gavernment shall give the educational agency an
opportilnity of making its representations.
(3) Any order made under sub-section (l), shall have effect unless it is cancelled earlier for such period
as may be specified in the order:
Provided that the period so specified shall not;
in the first instance, exceed two years but may, by a like order, be extended from time to time, by any
period not exceedrng one year at any one time, if it
appears to the G~vernment that the interest of collegi-
ate education require such extension, so, however,
that no such order as so extended ahall, in any case,
remain in farce for more than [ six years ] in the
aggregate.
(4) On the making of an order under sub-
section (1) taking over the management of a private
college,-
(a) the educational agency and the college
shall cease to discharge the duties imposed
on, and to perform the functions, entrusted to, that
agency and that committee ; and
(b) the Government-
(i) shall take all such steps as may be neces-
sary to efficiently manage and run the private college
in accordance with any law applicable to the private
college in so far as such law is not inconsistant with
this Act and the rules made thertunder and to take
into the custody or control of the Government all the
property, effects and actionable claims to which the
private college is or appears to be entirled, and all
the property and effects of the private college shall be
deemed to be in the custody of the Government as
on and from the date of the order; [ * l2 - - --
1 ~his expression was substiluted by section 5 (ii) of the
Tamil Nadu Recognised Private Schools (Regulation) and
Private Colleges (Regulation). Amendment Act, 1982 (Tamil
~adu Act 48 of 1982), which was deemed to have come
into force on the 1st June 1981 for the expression "ten years"
which in turn was subsituted for the words "five years" by
section 2 (1) of the Tamil Nadu Private Colleges (Regulation)
Amendment Act, 1'80 (Tamil Nadu Act 2 of 1981).
a The word "andy' was omitted by sectioa 2 (2) (a) of
the Tam 1 Nadu Private Colleges (Regulation) Amendment
1980 (Tam11 Nadu Act 2 of lgsl), which was deemed
have come into force on the 21st November 1975.
584 Private Colleges [lW6 : President's Act 19
(Regulation)
'[(i-A) shall not be bound by any liability incurred
by the educational agency of a private college prior to the
taking over of the management of the private college
(including any borrowing from any person, or payment to
the teachers and other persons employed in the private
college or to any other person) and no claim in respect of
such liability shall be enforced by any court whether in
execution of a decree or otherwise against the Government :
Provided that in computing the period of limitation
for a suit, or any application for the execution of a decree,
the time during which such proceeding, attachment, injunc-
tion, order or claim the enforcement of which is barred
under this sub-section shall be excluded.
(i-B) may realise income from endowments and
other receipts due to the private college; and]
(ii) may afford such special educational facilities
as were, immediately before the making of the order under
sub-section (1) afforded at the private college.
Explanation.-In sub-clause (i) of clause (b), the
expression "law " includes any by-law, rule, regulation,
custom or usage.
(5) If at any time it appears to the Government that
the purpose of the order made under sub-section (1) has
been fulfilled or that for any other reason, the order shall
be cancelled, the Government may, by order in writing,
cancel the order made under sub-section (I) and on such
cancellation, the maintenance and management of the
private college shall stand restored to the educational
agency.
(6) Any person aggrieved by any order of the Govern-
ment undei this sectizmav prefer an avpeal against such - A LA - order to the Tribunal.
(7) This section or any order made thereunder shaIl
have effect notwithstanding anything contained in any
other law for the time being in force or in any deed,
document or instrument having effect by virtue of such
other law.
1 These sub-clauses were inserted by section 2 (2) (b) of
the Tamil Nadu Private Colleges (Rebulat~on) Amendment Act,
1980 (Tamil Nadu Act 2 Of 1981), which was deemed to have
come into force on the 21st November 1975.
W6 : President's Act 191 Private Colleges 58 5
(RegExcerpt shown. Open the full act in Lexace.