Maharashtra Educational Institutions (Management) Act, 1976

No: 13 Dated: Apr, 18 1976

THE MAHARASHTRA EDUCATIONAL INSTITUTIONS (MANAGEMENT) ACT, 1976

ACT No. XIII OF 1976

    An Act to provide for taking over management of the property of certain educational institutions for a limited period.

    WHEREAS both Houses of the Legislature of the State were not in session;

    AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to provide for taking over management of property of certain educational institutions for a limited period in the public interest; and for that purpose promulgated the Maharashtra Educational Institutions (Management) Ordinance, 1976, on the 13th day of January 1976 ;

    AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature;

It is hereby enacted in the Twenty-seventh Year of the Republic of India as follows:—

1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Educational Institutions (Management) Act, 1976.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall be deemed to have come into force on the 13th day of January 1976.

2. Definitions:- In this Act, unless the context requires otherwise,—

(a) “Administrator” means an Administrator or Administrators appointed under section 4;

(b) “appointed date” means the date on which the management of an educational institution is actually taken over by the Administrator ;

(c) “College” means a College conducted by, or affiliated to, a University established by law in the State ;

(d) “Committee” means an Advisory Committee appointed under section 5 ;

(e) “Director” means the Director of Education, the Director of Technical Education, or any officer authorised by the State Government in this behalf;

(f) “educational institution” or “institution” means a school, a college or any institution by whatever name called the Management of which carries on (either exclusively or among other activities) the activity of imparting education therein ;

(g) “employees” means employees of the institution the management of which is taken over under the provision of this Act ;

(h) “Management” in relation to an educational institution, means—

(1) in the case of an institution managed by a local authority, that local authority ;

(2) in the case of any other institution, the person or body of persons (by whatever name called) who are responsible for the general administration of, and financial control over, the institution, but does not include an institution managed by the State Government ;

(i) “property of the institution” means all movable and immovable property belonging to or in the possession of an institution and all other rights and interests in or arising out of such property and includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps, equipment, utensils, cash, reserve funds, investments and bank balances ;

(j) “school” means a primary school, a secondary school, a higher secondary school or any part of such school, a Junior College of Education, or any other institutions which impart education or training below the degree level including institutions which impart technical, vocational and fine arts education and Ashram school (being residential school for children belonging to Scheduled Castes, Scheduled Tribes and Nomadic Tribes) ;

Explanation.—For the purposes of this clause—

(i) “primary school” means a school or part of a school in which primary education is imparted;

(ii) “primary education” means education imparted in a primary school in such subjects and upto such standards as may be determined by the State Government from time to time ;

(iii) “secondary education” means such general, technical, vocational or special education (including any combined course thereof), which follows immediately primary education and is imparted upto such standards as may be determined by the State Government from time to time ;

(iv) “higher secondary school” means an institution in which higher secondary education is imparted ;

(v) “higher secondary education” means the general, technical, vocational or special education (including any combined course thereof), which follows immediately secondary education and precedes immediately education controlled by Universities established by law in India ;

(vi) “Junior College of Education” means a school imparting teacher education to person for being appointed as teachers in pre-school centres and primary schools ;

(vii) “taking over management of an institution” with its grammatical variations and cognate expressions means the “taking over of the management of the institution and the property of the institution used in relation to such management."