The Tripura Educational Institutions(Taking over of Management) act,1973

[(
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Short title and
commencement,
Definitions.
Tripura Bill No.? of 1973.
THE TRIPURA EDlJCATIONAL INSTITUTJ01'4S
(TAKING OVER Of MANAGEMENT)
B LL, 1973 .
:f: tJ' rJ/I~' A-\-. r~1-- 2· (" r :
BILL' L
"I}cl
to provide for taking over for a limited period, ill the public
interest, of the management and control of the Ramthakur
College, Agart ala: and the Remkr ishna Mahavidyalaya, Kaila-
sliahar, Tripura, with a view to securing proper and efficient
management thereof and in all matters incidental and ancillary
thereto,
BE it enacted by the Legislative Assembly of' Tripura in
the Twenty fourth Year of the Republic of India as follows :-
l. (1) This Act may be called the Tripura Educational
Institutions (Taking Over of Management) Act, 1973.
(2) It shall come into force at once.
2. In this Act, unless the context otherwise requires,-
(a) "Administrator" means an administrator appointed
under sub-section (2) of section 3 of the Act;
(b) "appointed day" means the lath day of February,
1973 ;
(c). "committee" ,means the committee appointed under
sub-section (2) of section 3 of the Act:
(d) "educational institutions" mean the Ramthakur
College, Agartala and the Ramkrishna Mahavidya-
laya, Kailashahar, Tripura and shall be deemed
to include all assets and properties belonging to
such institutions, immediately before the appoin-
ted day, movable and immovable including lands,
buildings, works, workshops, stores, instruments,
machineries, vehicles, cash balances, reserve funds,
investments and book debts and all otber rights
and interests arising out of. such property and all

\
Management
and control of
the educat ionaJ
institutions to
vest in the State
Government.
j
2
bookv or accounts. registers. records and all othl:r
documents of whatever nature relating thereto
and ~h;)11 al: 0 be deemed to include all rights,
leaseholds, pow ers, authorities, privileges, borrow-
ings, obligations and liabilities or" whatever kind
owned or incurred by or subsisting in respect
of, such educational institutions immediately
before the appointed day;
(e) "prescribed" means prescribed under the rules
made under this Act.
3. (1) On and from the appointed day, the management and
control of the educational institutions shall vest, for a period
of five years, in the State Government, and all persons respon-
sible for the management and control of the business and
affairs of such ed ucational institutions immediately before
the appointed day, shall cease to exercise such management
and control and shall be deemed to have vacated their
offices as such.
(2) (a) The State Government shall, on and from
the appointed day, appoint an Administrator in respect
of each of tbe educational institutions referred to in
sub-section (I) to carry on, manage and administer the affairs
and business of each such educational institution for and
on behalf of the State Government:
Provided that the State Government may, if it thinks
that the management and control of the educational institu-
tion concerned may be conducted in a more effective way,.
instead of appointing an Administrator, appoint a committee
for the management and control of the educational
institution.
(b) The committee referred to in clause (a) .shall
consist of the following members, namely :-
(i) The District Magistrate. of the district in which
the educational institution is situated ..... ,..,..' -
Ex-officio Clialrman.
Two' officers of the State Government. as
. . t of whichnominated by the said Governmen
one shall be from the Education Department .
Members.
(ii)

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3 188
(iii) One person appointed by the Slate Government
from amongst the members of the l~aching staff
of the educational institution concerned ....
Member.
(iv) The Principal of the educational institution
concerned Ex-officio Mem ber.
(c) The State Government shall appoint any member
of the committee as Secretary to the Committee.
(3) On the vesting of the educational institution in the
State Government for the purpose of management and control
under sub-section (1), every person, in whose possession,
custody or control the said educational institutions or any
part thereof may be, shall forthwith deliver possession of
the same to the State. Government or to such officer as the
State Government may authorise in this behalf.
(4) If any person refuses or fails to comply with the
provisions of sub-section (3) in respect of any of the
educational institutions, the Administrator or the committee,
as the case may be, of the educational institution concerned
shall apply to a magistrate within whose jurisdiction such
educational institution is situate, and such magistrate shall
enforce the delivery of possession of such educational
institution or part thereof, as the case may be, to the State
Government or to the officer authorised under sub-section (3).
(5) Every person having possession, custody or control
of any assets or property of the educational institutions on the
appointed day shall deliver forthwith such assets or property
to the Administrator Or the committee, as the case may be,
of the educational institution concerned or to any officer
authorised by the State Government under sub-section (3).
(6) Any person who, on the appointed day, has in his
possession or under his control any books, cheque books,
papers or other' documents relating to any of the educational
institutions, shall deliver them up to the Administrator or
the committee, as the case may be, of the educational
institution concerned or to an officer authorised by the State
Government under sub-section (3).
(7) Every person in charge of the management and
contra I of any of the educatio.ral institutions immediately

,-,
Powers and
duties of the
Administrator
or the committee.
TIle employees
of the educa-
tional institu-
tions to continue
in service,
I
4
before the appointed day shall. within ten Jays from that da
Or within such further time as the State Government rna
allow in this behalf, furnish to the State ,Governmenl or to a
officer authorised by the State Government under sub-section (3
a complete inventory of all the properties, assets, borro,,"
ings, liabilities and obligations of such educational institutioi
standing to the credit of or against such institution imme
diately before the appointed day.
4. (1) The Slate Government may issue such direction
to the Administrator or the committee, as the case may be
of the educational institution concerned as to his or its powen
and duties as the State Government deems desirable and the
Administrator or the committee, as the else may be, may alsc
apply to the State Government at any time for instructiom
as to the manner in which he or it shall conduct the affairs
and business of the educational institution concerned.
(2) Subject to the other provisions of this Act and to the
control of the State Government, the Administrator or the
committee shall be entitled to exercise such powers of manage-
ment and control, in relation to the educational institution
concerned, as were exercised by the persons in charge of the
management and control of such educational institution imme-
diately before thy appointed day, and as may be prescribed.
(3) Subject to the control of the State Government, the
Administrator or the committee, as the case may be, shall
take such steps and discharge such duties as may be necessary
for the purposes of efficiently controlling, managing and
administering the business and affairs of the 'educational
institution concerned and as may be prescribed.
(4) Subject to the control of the State Government, the
Administrator or the committee, as the case may be, may, for
. effectively carrying out the purposes of this Act, add to tbe
. educational institution concerned such new works, [urni.tur1:,
equipments, stores, lands and. buildings, as he or jt may
consider necessary.
5. The persons who were in the employ of the educa--
tional institutions, referred to in sub-section (1) of section 3,
immediately before the appointed day shall continue to remain
in service on terms and conditions not being less advanta-
geous to those in force immediately before the appointed day,

Allotment of
money by the
State Govern-
mcnt to educa-
tional institu.
tions.
Management
and control of
the educational
institution to
revert.
Penalty.
A~tto have' '
overricling,
effect.
Protection of' .
action taken
in good faith,
5
189
unless the State Government, in the interest of such educa-
tional institution, otherwise determines.
6. The State Government may, on application made; by
the Administrator or the committee. as the case mal be, in
this behalf, allot money either by way of grant or advance to
the educational institution concerned, on such, 'terms and. ,
conditions as the State Government may determine for' the
purpose of enabling the Administrator' or the committee to
manage efficiently the affairs and business of the said educa-
tional institution.
7. On the expiry of the period for which the manage-
ment and control of the educational institutions rhas been
taken over under SIl b-section (l ) of section 3 of this Act or
on any date earlier to the date of the expiry of such period, as
the State Government may direct, the management and con-
trol of such educational institutions shall respectively revert
to a duly constituted managing committee or governing body,
as the case may be•.
8. (I) Whoever contravenes any of the provisions of
this Act shall, on conviction before the magistrate, be punish-
able, without prejudice to any other penalty to which he
may be liable under any other law for the time being in force,
with imprisonment fora term which may extend to two years
or with fine which may extend to two thousand rupees or with ,
both.
(2) No court shall take cognizance of an offence
punishable under this section except with the previous sanction
of the State Government or of an officer authorised by the
State Government in this behalf.' .
9. The provisions of this Act, or.any notification, order
or rule made thereunder, shall Jlave effect .notwithstanding
anything Inconsistent therewith contained in any other law for
'the time being in force or in any instrument having effect by
virtue' of any other law or any decree Qf order of any
. court.
10. No suit, prosecution or other legal proceeding shall
lie against the Administrator or the committee, or any officer
- or other employee of -theState Government, or the educational
institutions; for anything which is in good faith done or inten-
ded to be.done under this Act.

_.~"u etc. suit!and proceeding;.
Power tcire-
move difficul~
ties.
Power to ,male
T\l!CS.
. ','
J J. Tbe Administrator or the committee shall have the
power to institute, defend or take part in any sui! or proceed-
ing~ by or against the educational institution concerned .. '"c'
12. If, within one year from the appointed day, any
difficulty arises in giving effect to the provisions of this Act'I ,
. the State Government may, by order as occasion requires,
do anything, not inconsistent with the provisions of this
Act, which appears to it to be necessary for the purpose of
removing such difficulty.
13. (1) The State Government may, by notification, make
rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality
;, of the foregoing power, such rules may provide for all or any
,", .' of.the.following matters, namely ;-
(a) power of control; management and administration
'. of the educational institutions ; ,f,
(b) the terms and conditions of service of persons
employed in the educational institutions;
(c) the tenure of membership of the members of the
committee and the procedure to be followed in
conducting the business of the committee ;
and
(d) any other matter which may be, or is required, to
be, prescribed.
(3) .Every rule made by the State Government under
this Act shall be laid, as soon as may be after it is made;
before the State Legislative Assembly, while it is in session,
for a total period of thirty days which may be comprised .J~·nilo.--"~.
one session or in two or more successive sessions, and if, befor-e
the expiry of the session immediately following the session or
the successive sessions aforesaid, the Legislative Assembly maKes
any modification in the rule by way of amendment prrepeal,
the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so. however,' that
any such modificationor repeal shall be without prejudice to
the validity of anything previously done under that rule, .

c Repeal an.J
S3\ iDg<'.
7 190
14. (J ,I The Trip Jra Educauonul lnstituuons
.Tak ing Over 01 \Lln: gemcnt) Ordina nce, l(r3 j~
hereby repealed.
()rdin;'hcc'
J of 1973,
(2) Notwithstanding the repeal of the said
Ordinance, anything done or any action taken
under the said Ordinance shall be deemed to have
been validly done or' taken under tbis Act as if
this Act had come into force on the 10th day of
February, 1973.
This bill was passed byth
Triouro Leglslat/v Au mbfy
on the :- (J I f\1973
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r">.-..._.#th r: ~ t ,,--,-e~
UU~~. e P"-J.--u...,peoker, ~
'V?\;d . I n- .
" ,I \I ,/
I reserve the Brll
for the to",;d"'tioo of th'~
Governor.
Tnpura,
Date..a.1·\"~····7·~
I assent to t his Bill.
/;);4 ,( 0~
"v -
~ I '
President.

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