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REGISTERED NO.D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 74 ] NEW DELHI, SATURDAY, APRIL 17, 1976/CHAITRA 28, 1898

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department)

New Delhi, the l7th April, 1976/Chaitra 28, 1898 (Saka)

The following President's Act is published for general information: —

THE TAMIL NADU PRIVATE COLLEGES (REGULATION)

ACT, 1976

No. 19 OF 1976

Enacted by the President in the Twenty-seventh Year of the

Republic of India

An Act to provide for the regulation of private colleges in the State of

Tamil Nadu.

41 of 1976. In exercise of the powers conferred by section 3 of the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976, the President is pleased to enact as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Tamil Nadu Private Colleges (Regulation) Act, 1976.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It applies to all private colleges.

Short

title,

extent,

applica-

tion and

com-

mence-

ment.

(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.

(565)

U"ftnitions 2. In this Act, unless the context otherwise requires,—

(1) "academic year" means the year commencing on the first day of June;

(2) "cojUege committee", in relation to a private college, means the college committee referred to in settiom 11;

(3) "competent authority", in relation to any provision of this Act, means—

(i) any university,

(ii) authority, officer or person,

empowered by the Government, by notification, tq be the competent authority for the purposes of that provision and different competent authorities may be appointed for different provisions or for different areas or in relation to different classes of private colleges as may be specified in the notification;

(4) "educational agency", in relation to—

(a) any minority college, means any person who, or body of persons which, hasi established and is administering 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 college;

(5) "Government" means the State Government;

(6) "grant" means any sum of money paid as aid out of State Funds to any private college;

(7) "minority college" means a private college of its choice es- tablished and administered, or administered, by any such minority whether based on religion or language as has the right to do so under clause (1) of article 30 of the Constitution;

(8) "private college" means a college maintained by an educa- tional agency and approved by, or affiliated to, a university but do,es 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 instructions;

(9) "secretary" in relation to a private college, means the secre¹ tary referred to in section 12;

(10) "teachers" means such Professors, Assistant Professors, Readers, Lecturers, Demonstrators, Tutors, Librarians and other like persons as may be declared to be teachers by the statutes framed under any law for the time being in force governing a university;

(11) "Tribunal" means a Tribunal constituted under section 3" and having jurisdiction;

(12) "university" means the Madras University, the Madurai University or, as the case may be, any other university that may be established in the State of Tamil Nadu under any law.

CHAPTER II

ESTABLISHMENT, PERMISSION FOR ESTABLISHMENT AND MANAGEMENT

OF PRIVATE COLLEGES

3. Save as otherwise expressly provided in this Act, no person shall, without the permission of the Government and except in accordance with the terms and conditions specified in such permission, establish, on or after the date of commencement of this Act, any private college:

New privat* college to obtain permis- sion.

Provided that it shall also be necessary to obtain affiliation of such college to a university.

4. (1) The educational agency of every private college proposed to be established on or after the date of commencement of this Act shall make an application to the Government for permission to establish such college.

(2) Every such application shall—

Applica- tion for permission and send- ing of state- ment.

(0) be in the prescribed form;

(b) be¹ accompanied by such fee not exceeding five hundred rupees as may be prescribed; and

(c) contain the following particulars, namely: —

(i) the name of the private college and the name and address of the educational agency;

'("•) 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 appearing at any exami- nation conducted by, or under the authority of, a university;

(iv) the amenities available to students and teachers;

(v) the equipment, laboratory, library and other facilities for instruction;

(m) 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 prescribed.

(3) The educational agency of every private college in existence on the date of commencement of this Act, shall, within such neHod as may be prescribed, send to the Government a statement in the prescribed form containing—

(1) the particulars specified in clause (c) [excluding sub-clause (ii) thereofl of sub-section (2);

(ii) the names of the members of the teaching and non-teaching staff and the educational qualifications of each such member; and

(Hi) the number of students and classes in the private college.

5. (2) On receipt of an application under sub-section (1) of section 4,

the Government—

Grant of permis- sion.

(o) may, after considering the particulars contained in such ap-

plication, grant or refuse to grant the permission; and

(b) shall communicate their decision to the applicant within such

period as may be prescribed:

Provided that the permission shall nqt be refused under this section unless the applicant has been given an opportunity of making his representations:

Provided further that in case of refusal of the permission the applicant shall be entitled to the refund of one-half of the amount of the fee accompanying the application.

(2) The decision of the Government under clause (a) of sub-section

(1) shall be final.

(3) No university shall grant affiliation to any private college unless

permission has been granted by the Government under sub-section (1).

6. On receipt of a statement under sub-section (3) of section 4 from any private college in existence immediately before the date of com- mencement of this Act permission 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.

Permis- sion deemed to be granted in certain cases.

Approval of transfer of per- mission.

7. (1) (a) Whenever there is any change in the constitution of the educational agency in relation to a private college, not being a minority cojlege, that agency shall apply to the competent authority for approval of such change.

(b) Whenever the management of any private college 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.

(c) On any transfer of the management 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.

(d) An application under clause (a), clause (b) or clause (c) shall

be in such form and contain such particulars as may be prescribed.

(2) On receipt of an application under subjection (1), the compet-

ent 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 ru[Ies made thereunder, approve the change or, as the case may Tbe, the transfer, subject to such conditions as it may impose; and

(b) communicate its decision to the applicant within such period

as may be prescribed.

8. Any minority, whether based on religion or language, may estab- lish and administer any private college Without permission under sub- section (1) of section 5 read with sections 3 and 4.

Minority- college to be established without per- mission.

Minority college to send state- ment.

S. (1) Every minority college in existence immediately before the date of commencement of this Act shall send to the competent authority a statement containing the particulars specified in clause (c) [excluding sub-clause (U) thereof] of sub-section (2) of section 4 within such period as may be prescribed.

(2) Every minority college established and administered after the date of commencement 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.

Payment of grant.

10. (1) Subject to such rules as may be prescribed, the Government may pay to the private college grant at such rate and for such purposes as may be prescribed.

(2) The Government may withhdld permanently or for any specified period the whale or part of any grant referred to in sub-section (1) in respect of any private college—

(i) which does not comply with any of the provisions 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 college, or

(ii) in respect of which the pay and allowances payable to any teacher or other person employed in such private college are not paid to such teacher or other person in accordance with the provisions of this Act or the rules made thereunder, or

(Hi) which contravenes or fails to comply with any such condi-

tions as may be prescribed.

(3) Before Withholding the #rant under sub-section (2), the Govern- ment shall give the educational agency an opportunity of making its representations.

CHAPTER m

COLLEGE COMMITTEE AND ITS CONSTITUTION AND FUNCTIONS

11. Every private college, not being a minority college, shall have a college committee which shall include the prmcipal of the private college and two senior professors employed in the private college.

Consti- tution of college com- mittee.

12. (1) Every college committee shall have a secretary who shall exer-

cise such powers and perform such functions as may be prescribed.

Secretary oftha college committee.

(2) Every person holding office as president, secretary, manager or correspondent of a private college or exercising the powers of secretary under this Act on the date of its commencetnent shall be deemed to( be a secretary under this Act.

Meetings of the college committee.

13. (1) The college committee shall meet at such 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 meet- ings (Including 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.

(3) All questions at any meeting of the college committee shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the president or, in his absence the member presiding, shall have and exercise a second or casting vote.

14. (1) Subject to the provisions of this Act and thei rules made there- under, the college committee shall have the following functions, namely: —

(a) to carry on the general administration of the private college

excluding the properties and funds of the private college;

(bl to appoint teachers and other persons of the private college, fix the^r pair and allowances and define their duties and the con- ditions of their service; and

Functions of the college committee and res- ponsibility of educa- tional agency under the Act.

(e) to take disciplinary action against teachers and other persons

of the private college.

(2) The educational agency shall be bound by anything 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 com- mittee has jurisdiction shall be deemed to be the decision or action taken by the educational agency.

CHAPTER IV

TERMS AND CONDITIONS OF SERVICE OF TEACHERS AND OTHER PERSONS

EMPLOYED TN PRIVATE COLLEGES

15. The university may make regulations, statutes or ordinances specifying the qualifications required for the aDpointment of teachers and other persons employed In any private college.

Qualifi- cations of teachers and other persons employed In private colleges.

M". (1) No person who does not possess the qualifications specified under section 15 shall, on or after the date of commencement of this Act, be appointed as teacher or other employee in any private college.

Appoint- ment of teachers and other persons

in

private college.

(2) Nothing contained in this section or any regulation, 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 with the uni- versity regulating the number and conditions of service (including pro- motion, pay, allowances, leave, pension, provident fund, insurance and age of retirement and rights as respects disciplinary matters but exclud- ing qualifications) of the teachers and other persons employed in any private college.

Condi- tions of service, etc., of teachers and other persons employed in private colleges.

1|8. (1) Every teacher and every other person employed in any pri- vate college shall be governed by tuch Code of Conduct as may be prescribed and if any teacher or other person so employed violates any provision of such Code of Conduct toe shall be liable to such disciplinary action as may be prescribed.

Teachers and other persons employed in private colleges to be governed by Code of Con- duct.

(2) The college committee may define the standards of conduct to be observed by teachers and other perions employed in the private college, such standards not being inconsiatwnt with the provisions of this Act and the rules made thereunder.

IS. (1) Subject to any rule that may be made in this behalf, no teacher or other person employed in any private college shall be dismiss- ed, removed or reduced in rank nor shall his appointment be otherwise terminated except with the prior approval OJ£ the competent authority.

Dismissal, removal or reduc- tion in rank or suspension of teachers or other persons employed in private colleges.

(2) Where the proposal to dismiss, remove or reduce in rank or otherwise terminate the appointment of any teacher or other person em- ployed in any private college is communicated to the competent autho- rity, 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 con- templated.

(b) No, such suspension shall remain in force for more than a period of two months from the date of suspension and if such inquiry is not completed within that period, such teacher or other person shall, with- out prejudice to the inquiry, be deemed to have been restored as teacher or O|ther employee:

Provided that the competent 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,

20. Any teacher or other person 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 ser-

vice 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.

Appeal against orders of punish- ment imposed on teachers and other persons employed In private colleges.

Explanation.—In this section, the expression "order" includes any

order made on or after the date of commencement of this Act in any disciplinary proceeding which was pending on that date.

21. If the appeal under section 20 was against the dismissal, removal or reduction in rank or the termination otherwise of the appointment of any teacher or other person employed in any private college, such teacher or other person or the educational agency aggrieved by any order made in any such appeal, may prefer an appeal against that appellate order to the Tribunal.

Second appeal in case of dismissal, removal or reduc- tion in rank or termina- tion of appoint- ment of teachers or other persona employed in private colleges.

22. (1) If, before the date of commencement of this Act, any teacher or other person employed in any private college has been dismissed or removed or reduced in rank or his appointment has been otherwise terminated and any appeal preferred before that date—

(a) by him against such dismissal or removal or reduction in

rank or termination; or

Special provision regarding appeal in certain past dis- ciplinary cages.

(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

(it) ha a case falling under clause (b), stand transferred to

the Tribunal.

(2) If any such appeal as is referred to in sub-section (1) has been disposed of before the date of commencement 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 person employed in any private college shall be paid on or before such day of every Pay and allow, ances of teachers and other

month, at such rate and in such manner and by or through such authority, officer or person( as may be prescribed.

Persons employed in private college to be paid in the prescribed manner,

24. (1) This Chapter or any rule providing for all or any of the matters specified in this Chapter or any order made in relation to any such matter shall have effect notwithstanding anything contained in any—

(i) other law for the time being in force, or (ii) award, agreement or contract of service, whether such award, agreement or contract of service was made before or after the date of commencement of this Act, or

(in) judgment, decree or order of court, tribunal or other

authority:

Chapter to have overriding effect and cer- tain pro- visions thereof not to apply- to mino- rity col- leges.

Provided that where, under any such award, agreement, contract of service or otherwise, any teacher or other person employed in any private college is entitled to benefits in respect of any matter which are more favourable to him than those to which he will he 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.

. • ] , ; j ({ .^1 j ^H j (2) Nothing contained in this Chapter shall be construed as preclud- ing 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 matters 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

Closure of private college.

25. (1) No private college and no class and no course of instruction therein in a private college shall be dosed without a notice in writing having been given to the competent authority and without making such arrangements as may be prescribed for the continuance of the instruc- tion of the students <$. the private college or the class or the course of instruction, as the case may be, for the period of study for which 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.

26. The educational agency shall, on or¹ 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 less-than such value as may be

Educa- tional agency to send list of propertiea.

prescribed; and

(b) immovable property;

of the private college.

27. (I) 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—

Restric- tion on alienation of pro- perty of private college.

(a) no property of a private college shall, except with the pre- vious permission in writing of the competent authority, be transfer- red by way 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 purposes 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 furtherancei 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 further- ance 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, "property" means any—

(a) movable property of not less than such value as may be prescribed; and

(6) such immovable property as may be specified in the rules made in this behalf.

Explanation II.—In this section and sections 28 and 29, "private college" does not include a minority college.

Fees and other charges.

28. (1) Subject to the provisions of sub-section (2), no private college shall levy any fee or collect any other charge or receive any other payment except a fee, charge or payment specified by the compe- tent authority:

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 different rates of fees or other charges or receiving any other amount on such date, shall obtain the prior approval of the competent authority before continuing to levy such fees or charges or receive such payment.

29. (1) All the moneys collected, grants received and other property held by or on behalf of a private college shall be utilised for the purposes for which they are intended and shall be accounted for by the educational agency In such manner as may be prescribed.

Utilisa- tion of funds and property of private college.

(2) A private college may invest or deposit the funds—

(a) in the State Bank of India constituted under the State Bank 23 of 1955.

o£ India Act, 1955; or

(fa) in a subsidiary bank as defined in the State Bank of India 38 of 1959.

(Subsidiary Banks) Act, 1959; or

5 of 1970.

(c) in any corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 or Post Office Savings Bank; or

(d) in any of the securities specified in section 20 of the Indian 2 of 1882.

Trusts Act, 1882; or

(e) in such other mode as may be prescribed.

Taking over tnanage, ment of private college.

30. (1) If, on receipt of a report from the competent authority or otherwise, the Government are satisfied that the educational agency ofi any private college has neglected to discharge any of the duties imposed on, or to perform any of the functions entrusted to, that agency by or under this Act or any rule or order made or direction issued thereunder and that it is expedient in the interests of collegiate education to take over the management of such private college, the Government may, by order in writing, take over the management of such private college.

(2) Before making an order under sub-section (I), the Government shall give the educational agency an opportunity of making its represen- tations.

(3) Any order made under sub-section (I), 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, tx-1 extended from time to time, by any period not exceeding one year at any one time, if it appears to the Government that the interests of collegiate education require such extension, so, however, that no such order as so extended shall, in any case, remain in force for more than five years iri 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 committee shall cease to discharge the duties imposed on, and to perform the func- tions entrusted to, that agency and that committee; and

(b) the Government—

(i) shall take all such steps as may be necessary 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 the rules made thereunder and to take into the custody or control of the Government all the property effects and actionable claims to which the private col- lege is or appears to be entitled, 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; 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 (1) 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 Government under this section may prefer an appeal against such order to the Tribunal.

(7) This section or any order made thereunder shall 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.

31. (i) Where the control of any property taken over under section 30 is to be relinquished, the Government may, after making such Inquiry, i£ any, as they consider necessary, by order in writing, specify the person to whom possession of the property shall be delivered.

Bellnqui- shment of control of pro- perty.

(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 authority or any other authority or officer or servant of the Government from all liability in respect of such property, but shall not prejudice any right 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 Government 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 authority or any other authority or officer or servant of the Government;

(b) possessions of such property shall be deemed to have been delivered on that date to the person entitled to possession thereof; and

(e) the Government or the competent authority or any other authority or officer or servant of the Government shall not be liable for any rent, compensation or other claim in respect of such property for any period after the said date.

32. Notwithstanding anything contained in this Chapter, the Govern- ment shall not take over the management of any minority college under section 30.

Minority college not to be taken over.

CHAPTER VI

ACCOUNTS, AUDIT, INSPECTION AND RETURNS

Account*.

33. Every private college shall maintain accounts in such manner and containing such particulars as may be prescribed.

Annual audit of accounts.

34. (1) The accounts of every private college receiving grant shall be audited at the end of every academic year by such authority, officer or person as may be prescribed and different authorities, officers or persons may be prescribed for different classes of private colleges,

(2) (a) The authority, officer or person, prescribed under sub-section (1), shall send a copy of the report on, the audit of the accounts, under that sub-section to the competent authority which shall forward the report to the educational agency.

(b) The educational agency shall, within such period as may be prescribed, submit that report together with the comments of that agency to the competent authority.

Inspection or inquiry.

35. (I) The competent authority shall have the right to cause an Inspection of, or inquiry in respect of, any private college, its buildings, laboratories, libraries, workshops and equipment, and also 6f the examinations, teaching and other work conducted or done by the private college, 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 college and in respect of the discharge of any other function under this Act 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 report to the competent authority the action, if any, which is proposed to be taken or has been taken upon the results of such inspection or inquiry and such report shall be furnished within such period 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 represen- tation made by the educational agency, issue such directions as that authority deems fit and the educational agency shall comply with such directions.

Furnish- ing of returns, etc. 36. Every educational agency shall, within such time or within such extended time as may be fixed by the competent authority in this be- half, furnish to the competent authority such returns, statistics, and othetr Information as the competent authority may, from time to time, require.

CHAPTER VII

GENERAL PROVISIONS REGARDING APPEAL AND REVISION

Appeal against orders of competent authority.

37. (i) Any person aggrieved by any order, decision or direction of the competent authority under any provision of this Act may prefer an appeal against such order, decision or direction, tq such authority or officer as may be prescibed; and different authorities or officers may be prescribed for different classes of private colleges.

(2) If the competent authority omits to communicate its decision to any applicant within the period prescribed under clause (b) of sub- section (2) of section 7 such applicant may prefer an appeal against such omission tq the appellate authority prescribed under this section.

Tribunal. 38. (1) The Government may, by notification, constitute as many Tribunals as may be necessary for the purposes of this Act.

(2) Each Tribunal shall consist of one person only who shall be a judicial officer not below the rank of a district judge.

(3) Each Tribunal shall have such jurisdiction and over such area 0r in relation to such class of private colleges, as the Government may, by notification, from time to time, determine.

5 of 1908.

(4) Every Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while hearing an appeal.

Time for appeal and

39. (1) No appeal under any provision of this Act shall be preferred after the expiry of one month from the date on which the order, decision! or direction appealed against, was received by the appellant:

powers of appel- late authority.

Provided that the appellate authority may, in its discretion, allow further time not exceeding one month for preferring any such appeal if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

(2) On receipt of any such appeal, the appellate authority shall, after—

(i) giving the parties an opportunity of making their represen-

tations,

(ii) making, if necessary, such inquiry as it deems flt, and

(in) considering all the circumstances of the case,

make such order asl it deems¹ just and equitable.

(3) The appellate authority may, pending the exercise of its power, pass such interlocutory orders as it deems fit.

(4) Every appeal under this Act shall be disposed of as expeditiously

as possible.

Deposit with the Tribunal of pay and

allowan- ces of teachers and other persons employed in pri- vate colleges in cer- tain cases.

40. (1) If the appellate authority referred to in section 20 has, in any appeal under that section against the dismissal or removal or reduction in rank or the termination qtherwise of the appointment of any teacher or other person employed in any private college, made an order restor- ing such teacher or other person as such, no appeal against the order of such restoration shall be preferred tq the Tribunal, and no appeal against the order of such restoration which, under section 22 stands transferred to the Tribunal, shall be proceeded With by the Tribunal, unless the edu- cational agency deposits with the Tribunal all arrears of pay and allow- ances due to such teacher or other person from the date of his dismissal or removal or reduction in rank or termination otherwise of his appoint- ment up to the date of deposit, and continues tq deposit the pay and allowances due to such teacher or other person until the termination of the proceedings before the Tribunal.

(2) The deposit under sub-section (1) shall be made within such time and in such manner as may be prescribed.

(3) Where there is any dispute as to the amount tq be deposited under sub-section (1), the Tribunal shall, on application made to it either by the¹ educational agency or by such teacher or other person and after making such inquiry as it deems fit, determine summarily the amount to be so deposited.

(4) If the educational agency fails to deposit the amount as afore- said!, the Tribunal shall, unless the educational agency shows sufficient cause to the contrary, stop all further proceedings and make an order directing the educational agency to restore such teacher or other person as such.

.

(5) (a) Where, as a result of any finaH order made by the Tribunal at the conclusion of the) proceedings before it, such amount of pay and allowances as becomes due to such teacher or other person, shall be paid to him out of the amount deposited under sub-section (•?).

(b) If there is any balance left of the amount deposited under sub- section (1) after payment under clause (a) of the pay and allowances referred to in that clause, such balance or, when no amount becomes due as aforesaid to such teacher or other person, the whole of the amount deposited under sub-section (1), shall be returned to the educational agency.

Revision.

41. (1) The Government may call for and examine; the record of any authority or officer prescribed for the purpose of section 37 in respect of any proceedings to satisfy themselves as toi the regularity of such pro- ceeding, or the correctness, legality or propriety of any order made, decision taken or direction issued therein; and, if, in any case, it appears to the Government that any such order, decision or direction shquld be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly.

(2) No order prejudicial to any person shall be passed under sub^ section (1) unless such person has been given an opportunity of making his representations.

(3) The Government may, pending the exercise of their power under sub-section (I), pass such interlocutory orders as they deem fit.