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I
CHAPTER 11.
ESTABLISHMENT,
PERMISSIONFOR ESTABLISHMENT
AND
MANAGEMENT OF PRIVATESCHOOLS.
3 Power of Government to regulate school education.
4. New private school to obtain permission.
5. Application for perinission and sending of statement.
6 . Grant of permission.
7. Permission deemed to have been granted in certain cascs.
8. Approval of transfer of permission.
9. Minority school to be established without permission.
1
10. Minority schools to send statement.
CHAPTER 111.
RECOGNITION SC
OF PRIVATE 001;.
CHAPTER IV-A.
CHAPTER V.
CHAPTER VI.
CONTROL OF PRIVATE SCHOOLS.
29. Closure of private schools.
30. Educational agency to send list of properties.
31. Restriction on alienation of property of private schocl,
32, Fees and other charges.
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SECTIONS.
33. Utilisation of funds and property of private school.
'4
34. Taking over management of private school.
35. Relinquishment of control of property.
36. Minority school not to be taken over.
CHAPTER VII.
ACCOUNTS,
AUDIT, INSPECTION
AND RETURNS.
37. Accounts.
38. Annual audit of accounts.
39. Inspection or inquiry.
40. Furnishing of returns, etc.
CHAPTER VIIl,
I
GENERAL APPEALAND REVISION.
PROVIS~ONSREGARDING
SECTIONS.
51. Delegation of powers of Government.
52. Competent authority, etc., to be public servant.
53. Civil Court not to decide questions under this Act.
54. Finality of orders, etc., passed under this Act.
55. Indemnity.
56. Power to make rules,
57. Publication of rules, commencement of rules and notification
and placing them on the table of the Legislature.
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CHAPTER I.
i I
PRELIMINARY. (
fihort title, 1. (1) This Act may be called the Ta.mil Nadu Recog-
cxrent, applica- nised Private Schools (ReguIation) Act, 1973.
tion and cum-
mencement. (2) It extends t o the whole of the State of Tamil
Nadu.
(3) It applies to all private schools.
(4) I t shall come into force on such date as the
Goverment may, by notification, appoint.
CHAPTER 11.
ESTABLISHMENT,
PERMISSION FOR ESTABLISHMENT
AND MANAGEMENT OF PRIVATE SCHOOLS.
power of 3. The Government may regulate the different stages
aovcrnment of education and courses of instruction in private schools.
to regulate
achool
education.
New private 4. Save as otherwise expressly provided in this Act,
school to no person shall, without the permission of the competent
obtain authority and except in accordance with the terms and
perrn~ssion.
conditions specified in such permission, establish, on or
after the date of the commencement of this Act, my
private school.
Application 5. (1) The educational agency of every private school
for prmigsion proposed to be established on or after the date of the
renhng of commencement of this Act shall make an application to
'""'cment. the competent authority for permissionlto establish such
school.
(2) Every such application shallL
(a) be in the prescribed form ;
(b) be accompanied by such fee not exceeding
one hundred rupees as may be prescribed; and
(c) contain the following particulars, namely :-.
(i) the name of the private school and the name
and address of the educational agency ;
(ii) the need for the private school in the
locality ;
(iii) the course for which such private school
proposes to prepare, train or guide its pupils for appearing
at any examination conducted by, or under the authority
of, the Government :
(iv) the amenities available to pupils and &t
chers ;
(v) the equipment, laboratdry, library and other
facilities for instruction I
I,
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CHAPTER In.
RECOGNITION OF PRIVATE SCHOOL.
IWect of
withdrawal of
k
13. Any private school, th recognition of which has
been withdrawn shall not be entitled to-
recognition.
(I) receive any grant or other financial assistance
from the Government ;or
(ii) prepare, train or guide pupils for appearing
at any examination conducted by, or under the authority of,
the Government.
Payment of 14. (1) The Government may pay to the private school
grant. grant at such rate and for such purposes as may be prescribed.
(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
~ch001,-
(i) which does not comply with any of the provi-
sions 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 school, or
(ii) in respect of which the pay and allowanm
payable to any teacher or other person employed in such
private school are not paid to such teacher or other
person in accordance with the provisions of this Act or the
rules made thereunder, or
(iii) which contravenes or fails to comply with
any such condition 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 representation.
I
CHAPTER IV.
ScfiooL COMMITTHB
AND ITS CONSTITUTION AND
FUNCTIONS.
Constitution 15. (1) Every private school shall have a duly consti-
of school tuted school committee which shall include the headmaster
e~mmittoe, of the private school and the senior most tea~hersemplo-
yed in the piivate school as provlded in sub-section (2).
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1874 i 'f.f.N Act 291 Recognised Private Schoots 383
(Regulation)
18. (1) Subject to the provisions of this Act and the Functions of
rules made thereunder, the school committee shall ]lave the school
the following functions, namely:- wmmittea
and rcsponai-
bility of cdu-
(a) to carry on the general administration of the cational
private school excluding the properties and funds of the agencyundar
private school ; tha Act.
I '[CHAPTER 1V-A.
I
A pointment 18-A. (1) (a) Where the Government, on receipt of a
oPsracial report from the Director of School Education or otherwise,
officer in are satisfied that the management of any private school-
W a i n cases.
(i) is responsible, whether on or after the date
of commencement of the Tamil Nadu Recognised Private
Schools (Regulation) and Private Colleges (Regulation)
Amendment Act, 1982, for the maladministration, lapsea
or irregularities of such private school ;or
CHAPTER V.
TERMS AND CONDITIONS OF SERVICE OF TEACHERS AND O r U R
PERSONS ~ M P L O Y B DIN PRIVATE S~I-IOOLS.
Dismissal,
I
22. (1) Subject to any rule that may be made in this
removal or behalf, no tezcher or other person employed in any private
reduction in s,hool shall be dismissed, rc moved, or reduced in rank nor
tank or
suspension of shall his appointmtnt be otherwise terminated exoept
teachers or with the prior approval of the competent authority.
%her persons (2) Where the proposal to dismiss, remove or reduce
employed in
private schools, in rank or otherwise terminate the appointment of any
teacher or other person employed in any private school is
ccmmunjc~~td to the ccmpctent authority, that authoritj
shs 11, if it is satisfir d that there are adequate and reasonable
gr~undsf c ~such proposal, approve such dismissal, remo-
val, rcducticn in rank or termination of appointment.
(3) (a) No teacher or cther person employed in any
private schcol shall be placed under suspension, except
whcn an inquiry into the gross misconduct, within tht
mcaning of th3 Code of Conduct prescrikd under
sub-seaion (1) of secrion 21, of such teacher or other
person is contemplated.
(b) No such suspension shall remain in force for
mcre than a pcricd of two months from the date of suspen-
sion a d if suchinquiry is not complttcd within that period,
s ~ c htcachtr or olhtr person shall, without prejudice to
the inqviry, be deemed to have heen restored as teacher
or 0th-r employee ;
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a - - 7
CHAPTER VI.
[1974' : T~N.&t iP
(Regulatiorz)
33. (1) All the moneys collec;ed, grants received and Utilisation
other property held by or on b;half of a private school of funds
shall be utiliscd for the purposes for which they are
intended, and shall be accounted for by the educational school.
$!d~::ta~
agency in such manner as may be prescribed.
35. (1) Where the control of any property taken over Relinquishment
under section 34 is to be relinquished, the Government of control
may, after making such inquiry, if any, as they consider prmerty. .
necessary, by order in writing, specify the person to whom
possession of the property shall be delivered.
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196 ilecognisedPrivote ~ c h o o h 11974 : T.N. A C39
~
(Regulation)
(2) The delivery of possession of any such property
to the person specified in the order made under sub-section
(1) shall be a full discharge of the Government or the
competent or any otl~crauthority or officer or servant
of the Government from a11 liability in respect of such
property, but shall not prejudice any rights in respect
of such property which any other person may be entitled
by due process of law, to enforce against the person to
whom possession of the property is so delivered.
, (3) Where the person to whom possession of any
property referred to in sub-section (1) is to be delivered
cannot be found or has no legal agent or other person
empowered to accept delivery on his behalf, the Govern-
ment shall cause to be published in the Tamil Nadu Govern-
ment Gazette a notice declaring that the control of such
property is relinquished ; and in the case of any building
or land, shall cause a copy thereof to be affixed on some
conspicuous part of such building or land.
(4) When the notice referred to in sub-section (3)
is published in the Tamil Nadu Government Gazette,-
(a) the property specified in such notice shall
cease, on and from the date of such publication, to be
subject to the control of the Government or the competent
or any other authority or officer or servant of the Govern-
ment ;
(b) possession of such property shall be deemed to
have been delivered on that date to the person entitled to
possession thereof ; and
(c) the Government or the competent or any
other authority or officer or servant of the Government
shall not be liable for any rent, coinpensation or other
claim in respect of such property for any period after the
said date.
CHAPTER VII.
ACCOUNTS, AUDIT,INSPECTION AND RETURNS.
Acoount 3 . Every private school shall maintain accounts in
such manner and containing such particulars as may be
prescribed.
I
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39. (1) The competent authority shall have the right Inspection
to cause an inspection of, or inquiry in respect of, any or inquiry.
private school, its buildings, laboratories, libraries, work-
shops and equipment, and also of the examinations, teach-
ing and other work conducted or done by the private
school, to be made by such person or persons as it may
direct and to cause an inquiry to be made in respect of
any other matter connected with the private school and
the educational agency shall be entitled to be represented
thereat.
(2) The competent authority shall communicate to
the educational agency the views of that authority with
reference to the results of such inspection or inquiry and
may, after ascertaining the opinion of the educational
agency thereon, advise that agency upon the action to be
taken.
(3) The educational agency shall ieport to the com-
petent authority the action, if any, which is proposed to
be taken or has been taken upon the results of such inspec-
tion or inquiry. Such report shall be furnished within
such time as the competent authority may direct.
(4) Where the educational agency does not, within
a reasonable time, take action to the satisfaction of the
competent authority that authority may, after considering
any explanation furnished or representation made by the
educational agency, issue such directions as that authority
deems fit and the educational agency shall comply with
such ~ e c t i o n s .
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CHAPTER VIII.
authority.
shall be preferred after expiry of one month from the
date on which the order, decision or direction appealed
against, was received by the appellant:
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1974 : T.N. Act 291 Recognised Private Schools 399
(Regulation)
46. If any person, when required, by or under this Act Penalty for
eJr any rule made under this Act,to furnish any information, not giving
omits to furnish such information or furnishes any infor- zfO!$?kh
mation which he knows, or has reasonable cause to believe, false
to be false, or not true, in any material particular, he shall information.
Be punishable with fine which may extend to one hundred
rupees.
~ ~ ~ i ~ 50. d NO
i ~ court
t i ~inferior
~ to that of a presidency magistrate*
of criminal or a magistrate of the first-class* shall try any offence puni-
court. shable under this Act.
CHAPTER X.
I
MISCELLANEOUS.
Dolation 51. (1) The Government may, by notifiatibn, authorise
of Dowers
of any authority or officer to exercise any of the powers vested
merit. in them by this Act except the power to make rules and
may in like manner withdraw such authority.
(2) The exercise of any power delegated under sub-
section (1) shall be subject to such restrictions and con-
ditions as may be prescribed or as may be specified in the
notification and also to control and revision by the
Government or by such authority or
* According to.clguses (a) and (c) of sub-section (3) of section 3
of the Code of Cr~minalProcec'ure,1973 (Central Act 2 of 1974),
any reference to a Magistrate of the first Class shall be conslrwed
t s a reference to a Judlcial Magistrate of the first class and any
reference to a Presidencv Magistrate shall be construed as a refer-
ence to ? h1etropolitad ~aiistrate-iitheffect on and fromthe
1st Am11 1974.
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I-- - , ..
'rAMII. N>\13eI . .. ' - ,
GOVERNMENT GAZE~YT'E"
EXT R AO IID1N A R 1' ;
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PUBLI~HED AUTHORITY. .,
4 -
...
r~ (A Group) IV-2 EX.(366)- I. 2$5 7
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'
S. VADMZEU,
Cotizmissioner and Secretary ?o Goxrnmenr.
Law Depa~frhe~?:.
A- ...-.
l. ..A.. - A _ . -. _ r - - . -
T A M I L NADU 4I
i
i
No. 971 MADRAS, FRIDAY, FEBRUARY 13, 1987
i
I
:
i
1
-
P h B Acts -4
Ta~r"i.$ i
I
PREL ~ I I N A R Y .
1. Short title and comme~tcement.--(1) This Act may bii called
the Tamil Nadu Recognised Private Schools (Regulation) and
Private Colleges (Regulation) Amendment Act, 1986.
(2) It shall come into for& at once. ' C
,
j/ 1
, - c ~ - i - i < (
. '
1 11
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10
-
- L
-
.
TAMIL NADU GOVERNMENT GAZETTE KXTR AORDINARY
-- a :wP
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.-. - .- -
-ra
--&-A-
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/
-
jl-A
PART 11.
class
*AMENDMENTS TO, THE TAMIL NADU 12ECOC;NISED attri'l:
PRIVATE SCHOOLS (REGULATION) ACT, 1973. of tb
2. Substitution of seclion 29, Tatnil Nadu Act 29 of 1974,-For
. section 29 of the Tamil Nadu Recognised Private Schools in c:
(Regulation) A:+, 1973 (Tamil Nadu Act 29 of 1974.) (hereinafter for (
-
referred :; as the 1974 Act), the following s-ction shdl be substi- the (
tuted, namely :-
"29. Closure of private schoal.-(1) No private srhosl and C'BSS
no class and no course of instruction therein in a private school shall or
be closed withoutr obtaining the prior approval of the competent
mlthority and without making such arrangements as may he prescribed of i!
for the continuance of the instruction of the p!-qiis of private schoo! zdu c
or the class or the course of instruction, as the case may be, f3r :ihit
-the period of study for which the pupils have been admitted.
it n?
(2) No prior approval under sub-secticn (1) shall be give11 sc:10
unless a n ~ t i c e@'writing is given to the competent authority. Tha : I eco!
period of notic: shall be such as may be prescribed and different
periods of s l i c e may be prescribed for different classes of private
schook. ' ~ h notice
& shall be, in sdch form, contain such particblars i I
For
101s
I
I
II
attributable to the mismanagement or maladministration on the part
of the management; or
(iv) the finarccia1 position of the' management is sound,
in cases where the lack of finance hes been adduced as a ground
ftcr for closure of the private school, class or course of instruction, as
sti- I the case may be ; or
I
I
(5) Where the competent authority reluses to give the prior
approval for closure ofi the private school', clasr 91 course at
insiruction, zs rhc case may be, the mana6emer.t shall continue
to run the private school, class or course or instxuction, 3s the
I case may be.
(6) Where the compstent authority gives apptoval fta
closure of the private schoai,, class or course of instruction, as the
casc may be, dining the course of an academic year, such closlire
shall take effect from the expiry of the said academic year.
Exp2onation.-For rhe purposes of this section, ihe
exp~essions " management " and "private school" shall have the
szme meaning as in the L).planction to sub-section (3) of
szction 18-A. ".
3. Amendment of sectiorz 41, Tamil Nodu Act 29 of 1974.-In
section 41 of the 19'74 Act,-
I
( 1) in sub-section ( 1) , for the expression " any provision ",
the expression " section 29 or under any other provision " shall be
subs!itrufed.
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12; *iTA&fJJ$:+NAfW~..~.CIQ~YGRNMEMT:
-GAZETTE:EXTRAORDINARY
clasi (
attribut
11art of
~INKBNTS .TO:~Ml?TAM% i\'r\DU PRIVATE COLLEGES
~ 2 : :!~;yylL2 .., j; .*
(~%EGUL,'%*ION). ACT, 1976. - in case
55 i'vJ,if;*:-!*-- .... - , . .. - . - .- .
,-
&
A ,, '! 8I#
"" 7
_..A,:,....a, closure
4. ~u'bstitutionof section 25, President's Act 19 of' 1976.-For ewe II
25,. of: fbq Ta#l .Na& Private Colleged (Regulation) Act, ,
-
,
I
*s'k notice in writing is given to the competent authority. The
otihod 'of notice shall be- such as may be prescribed and different to givt
periods of notice may be prescribed 'for different classes of private opport
d b g ~ 8 b dv: k 2 n ~ t i csb@lls, ~ , be/,il;ll:such form, contain such pgrticulars
andrgiveb~h,~wcb m-r 'ag..n~qybe prescribd.
. ,.,: ,*
&,?>
&?,[ r+,
s...''')
,*.4.
in?
P
gi&~u'h?16rbiib-Wti&~f2j:w&'i.
-;chiptent' ki~thority shall dispose of the notice
' expeditiously as possible, and in
aliifd ~ ; ~ ; . ~ ~ i .six t b i months
n from the date of receipt of the notice.
-- :*.
......., (i), thq notice
. . giye,~under $ub-sg~tion(2) is defective;
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. ,I .
I
it may refuse to give the prior approval foi closuri of the .'Frivati3 ' '
be, college, class or course of instruction, as the case may be,. aftit "-
. .... . .. I;
recording in writins the reasons for such refusal: .-
Provided that &e competent authority s h d not 'rcfusd '
to give the prior approval imi~Iessthe applicant - has been give^ W
opp-ortunity of making his representatio~s- .. , , 1
r .
' or I . ;
-.,,!
(2) {Pending the decision of the civil court on a dispkk - 2, '
: in 1
(By order of the Governor)
:tcd Y S. VADIVELU,
,
and L Commissioner c:ncl Secretary to
~cd .P .. , .
I Law Department. *
e*
I
t
the E"
k.
uch
IcB.3DM8. ON B'EEIATJ' OR T H E O O V l f P S X m T
>d - T T T A F- //-Oh 6
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' _ *
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.4
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65- :
;
%
- --%
' ~ k e f o l l o w i n ~of
~ cthelamil
t Nadu Legislative Assembly ta~iwth? ~pspnc.
of '& president on tho 21 st May 1959 and is hcreby published for
' mP&
-.-
information :-
1, Cl) This Wbt n@y be called the Tamit NaBn Rccogrrised Privaec %@&& Short title
(Regulation) Amedment Act, 1998. , .. . ~mmejlqmh
$2) ( a ) AlEasmiornnccpt seaion 6 sfiBU come into force bn we11 dgtkwt*
State Government may, by rkotification, appoint. . *
namely -
6. After section 14 of the principal Act, the followi?lg scction shall be inserted,
.
idsl;ida
. /.- 4 .ha,
ii;i
--
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1?8,
- - .-TAMIL NADU__GOVERNMENT
-_ -
GAZETTE EXTRAORDINARY
----..------- -
.--
c-..%
(a) any private school established and any class or c3ur6;eof instruction
o j ~ ' & in soch private school, on or aftcr the date of c~mincnc2mcnt of the
a.oad.%nicyaar 199 1-4992 ;
(b) any p-ivdte sc:la~Iin oxi,!e 11.: on 111: d;~tcof c.)nl.n :rn:o~cnt of the
acahrn~cyjar 19>1-1932 to w:~ich.no grant has b:en plid by the Gjvzrntnent
immxliately bsfore the date of such c~mmencement;
(c) any class or course of instruction in a private school i n existence on the
date of cilmrn,ncdmant of thu acade~r~ic year 1931-1922tc, whick no grant has been
paid b:~the G3ve;rnment irnmxiiately before the date of such Icoininencement; and-
.
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