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TAMIL NADU RECOGNISED PRIVATE SCHOOLS (REGULATION) ACT, 1973

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S.1 Short title, extent, application and commencement:

       (1) This Act may be called the Tamil Nadu Recognised Private Schools (Regulation Act, 1973.
       (2) It extends to the whole of the State of Tamil Nadu.
       (3) It applies to all private schools.
       [W.E.F. 1st December, 1974, vide G.S.Ms.No.1986, dated the 29th November, 1974.]
       (4) It shall come into force on such date as the Government may, by notification, appoint
       Notes
       S.1- Institution getting grant from Government-Minority institution-Right of employee (Headmaster) to invoke the jurisdiction of the High Court order Art.226 of the Constitution of India-1988 T.L.N.J.350;
       S.1- Order of closure of school – set aside by Governme

S.2 Definitions:

       In this Act, unless the context otherwise requires-
       (1) “academic year” means the year commencing on the first day of January or June;
       (2) “competent authority” means any authority, officer or person authorized by the Government, by notification, to perform the functions of the competent authority under this Act for such area for or in relation to such class of private schools, as may be specified in the notification;
       (3) “educational agency” in relation to-
       (a) any minority school, means any person who, or body of persons which has established and is administering or proposes to establish and administer such minority school; and
       (b) any other private school, means any person or body of persons permitted

S.3 Power of Government to regulate school education.

       The Government may regulate the different stages of education and courses of instruction in private schools.
       NOTES
       S.3- Minority Institute – Standing of – benefit to minority community alone is relevant – (1999) 1 L.W.594;
S.3- Minority Institution – tests – (1991) 1 L.W. 594;


S.4 New private School to obtain permission.

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


S.5 Application for permission and sending of statement.

       (1) The educational agency of every private school proposed to be established on or after the date of the commencement of this Act shall make an application to the competent authority for permission to establish such school.
       (2) Every such application shall-
       (a) be in the prescribed form;
       (b) be accompanied by such fee not exceeding Ins.by Act 39 of 1987 [one thousand 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

S.6 Grant of permission.

       On receipt of an application under Subs. By Act 39 of 1987 [sub-section (1) of section 5, 1 [or sub-section (1) section 5-A, as the case may be], the competent authority-
       (a) may, after considering the particulars contained in such application, grant or refuse to grant the permission; and
       (b) shall communicate its decision to the applicant within a period of four months from the date to such receipt;
       Provided that the permission shall not 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 refund of one-half of the amount of the fee accompanying the application.
     &nb

S.8 Approval of transfer of permission

       (1) (a) When ever there is any change in the constitution of the educational agency that agency shall apply to the competent authority for approval of such change.
       (b) Whenever the management of any private school 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 school, without approval having been obtained for such transfer under clause (b), the transferee shall, if the desires to run it as such, apply to the competent authority with in three months of the date of the transfer, for approval of the transfer.
       (d) An application under clause (a), clause (b) or clause (c) shall be

S.9 Minority school to be established without permission.

       Any minority whether based on religion or language may establish and administer any private school without permission under section 6.
       NOTES
       S.9-Grant – sanction of – minority institute – Right to claim grant – 1991 Writ L.R.130;
       S.9- Recognition – grant – is not a matter of right – (1990) 2 M.L.J.77;
S.9(1)(c) Religious minority institution – purchaser applies for approval – Teacher also have to be heard – (1986 Writ L.R.359;


S.10 Minority school to send statement.

       (1) Omitted by Act 39 of 1987 [***]
       (2) Every minority school established and administered after the date of the commencement of this Act shall send to the competent authority a statement containing particulars specified in clause (c) of subsection (2) of section 5 with in such time as may be prescribed.
       Added by Act 39 of 1987 [10-A. Higher secondary school which is a minority school to send statement.- the educational agency of every higher secondary school which is a minority school in existence, immediately before the date of publication of the Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987, in the Tamil Nadu Government Gazette, shall send to the competent authority, a statement containing the particulars specified in clause (c) of sub-section (2) of section 5 within such period as may be prescribed.]
 

S.11 Recognition of private school.

       (1) On receipt of an application by-
       (a) any private school in respect of which permission has been or is deemed to have been granted under section 6; or
       (b) any minority school;
       The competent authority may, after satisfying itself, that proper arrangements have been made for the maintenance of academic standard in the school, that the provisions of this Act are compiled with and that the prescribed conditions have been satisfied, grant a certificate, recognizing the private school for the purposes of this Act.
       (2) The certificate under subsection (1) shall be granted within such period as may be prescribed.
       NOTES
       S.11 – Certificate of recognition – scope of –

S.12 Withdrawal of recognition by competent authority.

       (1) The competent authority may withdraw permanently or for any specified period the recognition of any private school-
       (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 school, or
       (ii) in respect of which the pay and allowances 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 conditions as may be prescribed.
       (2) Before withdrawing the recognition under sub-section (1), the competent authority shall give

S.13 Effect of withdrawal of recognition.

       Any private school, the recognition of which has been with drawn shall not be entitled to-
       (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.


S.14 Payment of grant.

       Sub by T.N.Act 11/1999. (1) Subject to such rules as may be prescribed the Government may continue to pay grant to the private school receiving grant from the Government, before the date of commencement of the academic year 1991-1992 at such rate and for such purposes as may be prescribed.
       Explanation: For the purposes of this sub-section, private school receiving grant from the Government shall also include a private school receiving grant from the Government only in respect of any class or course of instruction.”
       (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 school.-
       (i) which does not comply with any of the provisions of this Act or any rules made or directions issued thereunder

S.15 Constitution of school committee.

       (1) Every private school shall have a duly constituted school committee which shall include the headmaster of the private school and the senior most teachers employed in the private school as provided in sub-section (2)
       Proviso to S.15(1) added by Act. 16/95. [Provided that where an educational agency is a company or corporation owned or controlled by the Central or State Government and such educational agency has established and administering or maintaining more than one private school, such private schools may, with the prior permission of the competent authority, have a common school committee consisting of all headmasters of such private schools and such number of senior most teachers employed in such private schools as provided in sub-section (2)
       (2) The number representatives of the teachers on such constituted school committee sha

S.16 Secretary of the school committee.

       (1) Every school committee shall have a secretary who shall exercise such powers and perform such functions as may be prescribed.
       (2) Every person holding office as president, secretary, manager or correspondent of a private school or exercising the powers of secretary under this Act on the date of the commencement of this Act shall be deemed to be a secretary under this Act.
       NOTES
       S.16- Scope of (1999) Writ L.R.404;
S.16- Seek the help of the government to run the institution without outside interference – power under Art.226 of the Constitution – (1999) Writ L.R. 404;


S.17 Meetings of the school committee.

       (1) The school 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 meetings (including the quorum at meetings) as may be prescribed:
       Provided that the school committee shall meet at least once in every three months.
       (2) The president of the school committee or, in his absence, any member chosen by the members present, shall preside at a meeting of the school committee.
       (3) All questions at any meeting of the school 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.
  

S.18 Functions of the school committee and responsibility of educational agency under the Act.

       (1) Subject to the provisions of this Act and the rules made thereunder, the school committee shall have the following functions, namely:-
       (a) to carry on the general administration of the private school excluding the properties and funds of the private school;
       (b) to appoint teachers and other employees of the private school, fix their pay and allowances and define their duties and the conditions of their service; and
       (c) to take disciplinary action against teachers and other employees of the private school.
       (2) The educational agency shall be bound by anything done by the school committee in the discharge of the functions of that committee under this Act.
       (3) For the purposes of this Act, any decision o

S.19 Qualifications, conditions of service, etc., of teachers and other persons employed in private schools.

       The Government may make rules regulating the number, qualifications and conditions of service (including promotion, pay, allowances, leave, pension, provident fund, insurance and age of retirement and rights as respect disciplinary matters) or the teachers and other persons employed in any private school.
       NOTES
       S.19- Post of headmaster – minority institution – Rights of – (1991) 1 Writ L.R.501;
S.19- Dismissal of teacher – Power of management (1996) 1 L.W.158 (SN);


S.20 Appointment of teachers and other employees in private schools.

       (1) No person who does not posses the qualifications prescribed under section 19 shall on or after the date of the commencement of this Act, be employed as teacher or other employee in any private school.
       (2) Nothing contained in this section or any rule made thereunder shall apply to any person who, on or before the date of the commencement of this Act is employed as teacher or other employee in any private school.
“Added by T.N.Act 11/1999 (3) Notwithstanding anything contained in sub-section (1), the Government may, by general or special order, whether prospectively or retrospectively, exempt any person or class of persons from possessing the qualifications prescribed under section 19 relating to age and experience for appointment as teacher or other employee in any private school, subject to such conditions, if any, as may be specified in such order”.


S.21 Teachers and other persons employed in private schools to be governed by Code of Conduct.

       (1) Every teacher and every other person employed in any private school shall be governed by such Code of Conduct as may be prescribed and if any teacher or other person so employed violate any provision of such Code of Conduct, he shall be liable to such disciplinary action as may be prescribed.
       (2) The school committee may define the standards of conduct to be observed by teachers and other persons employed in the private school, such standards not being inconsistent with the provisions of this Act and the rules made thereunder.
       NOTES
S.21- Headmaster- suspension of – School committee is the competent authority – It has to meet and decide and not get approval by circulations. (1997) Writ L.R.489;


S.22 Dismissal, removal or reduction in rank or suspension of teachers or other persons employed in private schools.

       (1) subject to any rule that may be made in this behalf, no teacher or other person employed in any private school shall be dismissed, removed, or reduced in rank nor shall his appointment be otherwise terminated except with the prior approval of the competent authority.
       (2) Where the proposal to dismiss, remove or reduce in rank or otherwise terminate the appointment of any teacher or other person employed in any private school is communicated to the competent authority, 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 school shall be placed under suspension, except when an inquiry into the gross misconduct, within the meaning of the Code of

S.23 Appeal against orders of punishment imposed on teachers and others persons employed in private schools.- Any teacher or other person employed in any private school

       (a) who is dismissed, removed or reduced in rank or whose appointed is otherwise terminated; or
       (b) whose pay or allowances or any of whose conditions of service 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 such authorities or officer as may be prescribed for different classes of private schools.
       Explanation.- In this section, the expression ‘order’ includes any order made on or after the date of the commencement of this Act in any disciplinary proceeding which was pending on that date.
       NOTES
       S.23- Revision – competency of – (1990) Writ L.R.62;
S.23(2)(b)- Restoration in service – Necessary with emoluments – otherwise not pro

S.24 Second appeal in case of dismissal, removal or reduction in rank or termination of appointment of teachers or other persons employed in private schools.

       If the appeal under section 23 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 school, 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.
       NOTES
       S.24- Appeal – When maintainable (1993) Writ L.R.306;
       S.24- Order of the Tribunal – appeal under O.43, of CP does not apply – (1986) 2 M.L.J. 448;


S.25 Special provision regarding appeal in certain past disciplinary cases.

       (1) If, before the date of the commencement of this Act, any teacher or other person employed in any private school 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
       (b) by him or the educational agency against any order made before that date in the appeal referred to in clause (a) pending on that date, such appeal shall –
       (i) in a case falling under clause (a), stand transferred to the appellate authority prescribed under section 23; or
       (ii) in a case falling under clause (b), stand transferred to the Tribunal.
       (2) If any such app

S.26 Absorption of teachers or others persons on retrenchment.

       Where any retrenchment of any teacher or other person employed in any private school is rendered necessary consequent on any order of the Government relating to education or course of instruction or to any other matter Ins. By Act 50 of 1986, S.1(2) (deemed to have come into force on 1st December, 1974). [or consequent on the reduction in strength of the pupils studying in any such private school], it shall be competent for the Government or the School Committee of any private school to appoint such teacher or other person in any school or institution maintained by the Government or in such private school, as the case may be.
       Ins. Ibid. [Explanation.- For the purpose of this section, the strength of the pupils shall be determined in accordance with the norms fixed in the Grant-in-aid code of the Tamil Nadu Education Department or under any rule, regulation or order, as may be made

S.27 Pay and allowances of teachers and other persons employed in private schools to be paid in the prescribed manner.

       The pay and allowances of any teacher or other person employed in any private school shall be paid on or before such day of every month, in such manner and by or through such authority, officer or person, as may be prescribed.


S.28 Chapter to have overriding effect.

       (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-
       (a) 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 or service was made before or after the date of the commencement of this Act, or
       (iii) judgment, decree or order of court, Tribunal or authority, or
       (b) that the rules relating to recognition of, or payment of grant, to private schools, had or have no statutory force:
       Provided that where, under any such award, agreement co

S.29 Closure of private school.

       (1) No private school and no class and no course of instruction therein in a private school shall be closed without obtaining the prior approval of the competent authority and without making such arrangements as may be prescribed for the continuance of the without obtaining the prior approval of the competent authority and without making such arrangements as may be prescribed for the continuance of the instruction of the pupils of private school or the class or the course of instruction, as the case may be, for the period of study for which the pupils have been admitted.
       (2) No prior approval under sub-section (1) shall be given unless a notice in writing is given to the competent authority. The period of notice shall be such as may be prescribed and different periods of notice may be prescribed for different classes of private schools. The notice shall be in such form, contain su

S.30 Educational agency to send list of properties.

       (1) The educational agency shall, on or before the prescribed date in each year, furnish to the competent authority a statement (with such particulars as may be prescribed) or every –
       (a) movable property of not less than such value as may be prescribed; and
(b) immovable property of the private school.


S.31 Restriction on alienation of property of private school.

       (1) 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-
       (a) no property of a private school shall, except with the previous permission in writing of the competent authority, be transferred by way of sale, exchange mortgage, charge, pledge, lease, gift or 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 school or of similar purposes approved by the competent authority, and the assets resulting fr

S.32 Fees and other charges.

       (1) Subject to the provisions of sub-section (2) no private school shall levy any fee or collect any other charge or receive any other payment except a fee, charge or payment specified by the competent authority.
(2) Every private school in existence on the date of the 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.


S.33 Utilisation of funds and property of private school.

       (1) all the moneys collected, grants received and other property held by or on behalf of a private school shall be utilized for the purposes for which they are intended, and shall be accounted for by the educational agency in such manner as may be prescribed.
       Subs. By Act 6 of 1980 [(2) a private school may invest or deposit its funds –
       (a) in the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955); or
       (b) in a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959); or
       (c) in any corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of undertakings) Act, 1970 (Central Act 5 of 1970) or Post Office Savings Bank; or
 

S.34 Taking over management of private school.

       (1) If on receipt of a report from the competent authority or otherwise the Government are satisfied that the educational agency of any private school 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 school education to take over the management of such private school, the Government may, by order, in writing, take over the management of such private school;
       Ins. By Act. 48 of 1982, S.3 (deemed to have come into force on 1st June, 1981)[Provided that the Government shall not initiate any proceeding under this section to take over the management of any private school unless they are satisfied that suspension of the management under section 18-A will not be sufficient.]
    

S.35 Relinquishment of control of property.

       (1) Where the control of any property taken over under section 34 is to be relinquished, the Government may, after making such inquiry, if any, as they consider necessary, by order in writing, specify the person to whom possession of the property shall be delivered.
       (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 other authority or officer or servant of the Government from all liability in respect of such property, but shall not prejudice any rights 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

S.36 Minority school not to be taken over.

       Notwithstanding anything contained in this chapter, the Government shall not take over the management of any minority school under section 34.
       CHAPTER VII
Accounts, Audit, Inspection and Returns.


S.37 Accounts.

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


S.38 Annual audit of accounts.

       (1) the accounts of every private school 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 schools.
       (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 time as may be prescribed, submit the report together with the comments of that agency to the competent authority.


S.39 Inspection or inquiry.

       (1) The competent authority shall have the right to cause an inspection of, or inquiry in respect of, any private school, its buildings, laboratories, libraries, workshops, and equipment, and also of the examinations, teaching 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 in 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 there at.
       (2) the competent authority shall communicate to that education 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, advice that agency upon the action to be taken.
       (3) the educational agency shall report to the competent

S.40 Furnishing of returns, etc.

       Every educational agency shall, within such time or within such extended time as may be fixed by the competent authority in this behalf, furnish to the competent authority such returns, statistics and other information as the competent authority may, from time to time, require.
       CHAPTER VIII
General Provisions regarding appeal and revision.


S.41 Appeal against orders of competent authority.

       (1) Any person aggrieved by any order, decision or direction of the competent authority under subs. By Act 1 of 1987 [section 29 or under any other provision] (other than section 34) of this Act may prefer an appeal against such order, decision or direction, to such authority or officer as may be prescribed; and different such authorities or officers may be prescribed for different classes of private schools.
       NOTES
       S.41(1)- Revision under S.45 is the remedy and not an appeal under S.23 (1998) 2 CTC 408;
(2) If the competent authority omits to communicate its decision to any applicant within the period specified in clause (b) of section 6 or in clause (b) of sub-section (2) of section 8, Ins. Ibid. [or in sub-section (3) of section 29] such applicant may prefer an appeal against such omission to the appellate authority prescribed under

S.42 Tribunal.

       (1) The Government may 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 subordinate judge.
       (3) Each Tribunal shall have such jurisdiction and over such area or in relation to such class of private schools, as the Government may, by notification, from time to time, determine.
       (4) Every Tribunal shall have the same powers as are vested in a civil court under the Code of civil procedure, 1908 (Central Act V of 1908) while hearing an appeal.
        NOTES
S.42- Tribunal is only persons designata – vested with power of civil court – hence amendable to S.115 CPC (1986) 2 M.L.J. 44

S.43 Time for appeal and powers of appellate authority.

       (1) No appeal under any provision of this Act shall be preferred after expiry of one month from the date on which the order decision of direction appealed against, was received by the appellant:
       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 representations.
       (ii) making, if necessary, such inquiry as it deems its, and
       (iii) considering all the circumstances of the case, make such order as it deem

S.44 Deposit with the Tribunal of pay and allowances of teachers and other persons employed in private schools in certain cases

       (1) If the appellate authority referred to in section 23 has, in any appeal under that section against the dismissal or removal or reduction in rank or the termination otherwise of the appointment of any teacher or other person employed in any private school, made an order restoring such teacher or other employee as such, no appeal against the order of such restoration shall be preferred to the Tribunal and no appeal (against the order of such restoration), which, under section 25, stands transferred to the Tribunal shall be proceeded with by the Tribunal unless the educational agency deposits with the Tribunal all arrears of pay and allowances due to such teacher or other person from the date of his dismissal or removal or reduction in rank or termination otherwise of his appointment up to the date of deposit, and continues to deposit the pay and allowances due to such teacher or other person until the termination of the pro

S.45 Revision.

       (1) The Government may call for and examine the record of any authority or officer prescribed for the purpose of section 41 in respect of any proceedings to satisfy themselves as to the regularity of such proceeding, 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 should 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 (1), pass such interlocutory orders as they deem fit.
      

S.46 penalty for not giving information or giving false information.

if any person, when required, by or under this Act or any rule made under this Act, to furnish any information, omits to furnish such information or furnishes any information, which he knows, or has reasonable cause to believe, to be false, or not true, in any material particular, he shall be punishable with fine which may extend to one hundred rupees.


S.47 Other penalties.

       (1) If any person willfully contravenes, or attempts to contravene, or knowingly abets the contravention of, any of the provisions of this Act or any rule made thereunder, he shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
(2) If any person wilfully obstructs any authority, officer or person, from entering any private school in the exercise of any private school in the exercise of any power conferred on it or him by or under this Act, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.


S.48 Offences by companies.

       (1) Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a company, every person who, at the time the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
       Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
       (2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed by a company and it is proved that the offence has been committed with

S.49 Cognizance of offences.

No court shall take cognizance of any offence punishable under this Act except on a report in writing of the fact constituting such offence made by an authority or officer authorized by the Government in this behalf.


S.50 Jurisdiction of criminal court.

       No court inferior to that of a presidency magistrate or a magistrate of the first-class shall try any offence punishable under this Act.


S.51 Delegation of powers of Government.

       (1) The Government, may, by notification, authorize any authority or officer to exercise any of the powers vested 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 restriction and conditions 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 officer as may be empowered by them in this behalf. The Government shall also have the power to control and revise the acts or proceedings of any authority or officer so empowered.


S.51(A) A. Direction by Government regarding functions of competent authority.

The Government may, by notification, direct that any function of the competent authority under this Act or the rules made thereunder, shall, in relation to such matters and subject to such conditions, as may be specified in such notification, be performed also by such officer or authority subordinate to the government, as may be specified in the notification.


S.52 Competent authority, etc., to be public servant.

Every authority and every officer duly authorized to discharge any duty imposed on it or him by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860.)


S.53 Civil Court not to decide questions under this Act.

       No civil Court shall have jurisdiction to decide or deal with any question which is by or under this Act required to be decided or dealt with by any authority or officer mentioned in this Act.


S.53(a) Settlement of dispute as to educational agency, etc.

       (1) Notwithstanding anything contained in section 53, whenever any dispute as to the constitution of any educational agency, or as to whether any person or body of persons, is an educational agency, in relation to any private school, or as to the constitution of a school committee, or as to the appointment of secretary of the school committee, arises such dispute may be referred by the persons interested or by the competent authority to the civil court having jurisdiction, for its decision.
(2) Pending the decision of the civil Court on a dispute referred to it under sub-section (1), or the making of an interim arrangement by the civil court for the running of the private school, the Government may nominate an officer to discharge the functions of the educational agency, the school committee or the secretary, as the case may be, in relation to the private school concerned.


S.54 Finality of orders, etc., passed under this Act.

       (1) Any order made decision taken or direction issued by any authority or officer in respect of matters to be determined for the purposes of this Act, shall, subject only to appeal or revision, if any, provided under this Act, be final.
(2) No such order, decision or direction shall be liable to be questioned in any court of law.


S.55 Indemnity.

       (1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder.
       (2) (a) No suit, prosecution or other proceeding shall lie against any authority or officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder without the previous sanction of the Government.
       (b) No authority or officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the Act was done in good faith in the course of the execution of the duties or the discharge of the functions imposed by or under this Act.
       (3) No suit, prosecution or other proceeding shall be instituted against any authority or officer or servant of the Gov

S.56 Power to make rules.

       (1) The Government may 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) all matters expressly required or allowed by this Act to be prescribed;
       (b) the form of applications and the statements under this Act and the particulars which such application and statement shall contain;
       (c) the establishment and maintenance of private schools;
       (d) the giving of grants to private schools;
       (e) the grant of permission under section 6;
       (f) the admission of pupils in private

S.57 Publication of rules, commencement of rules and notifications and placing them on the table of the Legislature.

       (1) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on force on the day on which they are so published.
       (b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
(2) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of Subs. By the Tamil Nadu Adaptation of Laws Order, 1987 [Legislative Assembly], and if, before the expiry of the session which it is so placed or the next session, Subs. By the Tamil Nadu Adaptation of laws Order, 1987 [the legislative Assembly agrees] in making any modification in any such rule or notification or Subs. By the T

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