Maharashtra Educational Institutions (Transfer of Management) Act, 1971

No: 49 Dated: Dec, 28 1971

The Maharashtra Educational Institutions (Transfer of Management) Act, 1971

ACT No. XLIX OF 1971

    An Act to provide for the transfer of management of the undertaking of certain educational institutions, which are being managed in a manner detrimental to the public interest and to provide for matters connected with the purpose aforesaid.

    WHEREAS, it is expedient to provide for the transfer of management of the undertaking of certain educational institutions, which are being managed in a manner detrimental to the public interest and to provide for matters connected with the purpose aforesaid ;

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

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement:- . (1) This Act may be called the Maharashtra Educational Institutions (Transfer of Management) Act, 1971.

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

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

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

(a) “Court” means in Greater Bombay, the Bombay City Civil Court, and elsewhere, the principal civil court of original jurisdiction, and includes any other civil court of a Judge of Senior Division or a Judicial Officer empowered by the State Government to perform the functions of the Court under this Act within the pecuniary or local limits of its jurisdiction ;

(b) “educational institution” or “institution” means an institution by whatever name called which is carrying on (either exclusively or among other activities) the activity of imparting secondary education, and includes a junior college for training teachers for imparting primary or pre-primary education and registered under the Societies Registration Act, 1860, or the Bombay Public Trusts Act, 1950, and also includes the trustees or the managing or governing body of such institution by whatever name called;

(c) “pre-primary education” or “primary education” means education imparted in a pre-primary, or as the case may be, primary school as defined by the State Government in this behalf or education equivalent thereto;

(d) “secondary euducation” means such general, technical, vocational or special education (including any combined course thereof) which is designed to meet the needs of the period of adolescence and which follows immediately primary education and precedes immediately education controlled by universities established by law in India.