Maharashtra  Educational  Institutions  (Management)
Act, 1976

[1976 : Mah. XIII

GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XIII OF 1976

THE  MAHARASHTRA  EDUCATIONAL
INSTITUTIONS  (MANAGEMENT)
ACT,  1976.

(As  modified  upto  the  15th  August  2012)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
MAHARASHTRA STATE,  MUMBAI 400  004.

2012

[Price  : Rs.  10.00]

1976 : Mah. XIII]

(i)

THE  MAHARASHTRA  EDUCATIONAL  INSTITUTIONS  (MANAGEMENT)

ACT, 1976

CONTENTS

PREAMBLE.

SECTIONS.

 1. Short title, extent and commencement.

 2. Definitions.

 3. Taking over management of educational institution.

 4. Administrators.

 5. Advisory Committee.

 6. Powers of Administrator.

6A. Obligation of Management to pay to Government expenditure on remuneration
of Administrator and allowances of Advisory Committee and share of other
expenditure of the institution.

 7. Provisions in case of refusal to hand over management to Administrator.

 8. Handing over of institution back to Management.

 9. Power to give directions.

 10.

Indemnity.

 11. Rules.

 12. Saving.

 13. Repeal of Mah. Ord. I of 1976 and savings.

(G.C.P.)  H  768  (4742-8—2012)

1976 : Mah. XIII ]

Maharashtra  Educational  Institutions  (Management)
Act, 1976

MAHARASHTRA  ACT  No.  XIII OF 1976.1

1

Mah. Ord.
I of  1976.

[THE MAHARASHTRA EDUCATIONAL INSTITUTIONS (MANAGEMENT) ACT, 1976]

(This Act received the assent of the President on the 17th April 1976; assent
was first published in the Maharashtra Government Gazette, 1976, Part IV, dated
18th April 1976.)

Amended by Mah. 36 of 1981 (29-7-1981)*
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.

(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.
  (a) “Administrator”  means  an Administrator  or Administrators  appointed

In this Act, unless the context requires otherwise,—

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 ;

1 For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette,  1976,  Part

V,  Page  71.

*This  indicates  the  date  of  commencement  of  Act.

H  768—a

Short  title,
extent  and
commencement.

Definitions.

2

Maharashtra  Educational  Institutions  (Management)
Act, 1976

[1976 : Mah. XIII

(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  ;

3.

(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 ”.
(1) Whenever  the  Director  is  satisfied  that  the  Management  of  any
educational institution has neglected to perform any of the duties imposed on it
by or under any law for the time being in force, or the memorandum of association,
or any instrument (including any rules, regulations or by-laws) which regulates its
administration or is being managed in a manner detrimental to public interest, and
that  it  is  expedient  in  the  public  interest,  and  in  particular,  in  the  interest  of
education  imparted  in  such  institution  to  take  over  the  management  of  such
institution in so far as its activity relates to imparting education, he may, notwith-
standing anything contained in any law for the time being in force, after giving
the management of  such institution, a reasonable opportunity  of showing cause
against  the  proposed  action,  by  an  order  take  over  the  management  of  such
institution in so far as its activity relates to imparting education specified in the
order for a limited period not exceeding three years :

Provided that, where the management of an institution has been taken over for
a period of three years, the Director may, if he is of opinion that in order to secure
proper management of the institution, it is expedient that such management should
continue to be in force after the expiry of the said limited period, he may from

Taking    over
management
of  educational
institution.

1976 : Mah. XIII ]

Maharashtra  Educational  Institutions  (Management)
Act, 1976

3

time to time, by an order issue directions for the continuance of such management
for such period not exceeding one year at a time as he may think fit, so however,
that the total period for which such management is taken over shall not, in any
case, exceed five years :

Provided  further  that,  no  such  show  cause  notice  shall  be  necessary  where
the Director is satisfied that the Management or a majority of persons in control
thereof are members of an organisation which is or whose members or persons in
control thereof are or have been indulging in activities which are prejudicial to
the internal security, the public safety and the maintenance of public order in the
State  and  such  activities  are  reflected  in  the  course  of  management  and
administration of the institution.

(2) Whenever the management of any institution is taken over under sub-section
(1),  every  person  in-charge  of  the  management  of  such  institution  immediately
before the appointed date shall deliver possession of the property of the institution
to  the  Director  or  any  officer  authorised  by  him  in  this  behalf  (being  property
which in the opinion of the Director is essential or necessary for the management
of the  institution).

(3) After taking over the management of any institution under this section, the
Director may, with a view to maintaining continuity of education imparted in such
institution,  and  in  the  interests  of  the  students  attending  it,  arrange  to  manage
the institution through one or more Administrators appointed under section 4.

(4) Any Management, which is aggrieved by the order cf a Director under sub-
section (1), may make an appeal to the State Government within a period of 15
days from the date of receipt of the order of the Director. The State Government
may, after considering the representation made by the Management and the order
of  the  Director  pass  such  orders,  including  an  order  for  the  restoration  of  the
Management or for the reduction of the period during which the management of
such institution shall remain vested in the-Administrator as it may deem fit.

  (5) The  decision  of  the  Director,  subject  to  the  decision  of  the  State
Government in the appeal, and the decision of the State Government in the appeal,
shall be final and shall not be called in question in any court.

 (6) Where the management of an institution has been taken over under this
section, the Administrator shall pay such rent as may be payable for the building
of  the  institution  to  the  person  entitled  to  receive  it  as  was  being  paid  by  the
Management immediately before the appointed date. If the rent is payable to the
Management,  then  such  rent  shall  not  be  paid  to  the  Management,  but  it  shall
remain at the disposal of the Administrator for the management, maintenance and
administration of the institution.

(7) During  such  period  as  any institution  remains  under  the  management  of

an Administrator,—

 (a) the service conditions, as approved by the Director, of the employees shall

not  be varied  to  their disadvantage  ;

(b) such educational facilities as may be approved by the Director and which
the  institution  had  been  affording  immediately  before  the  appointed  date  shall
continue to be afforded ;

 (c) all fees, all grants and all other receipts of the institution (being fees, grants
or receipts as relate to its activity of imparting education therein) shall continue
to  be  available  to  the Administrator  for  being  spent  for  the  purposes  of  the
institution  ;

  (d) no  resolution  passed  at  any  meeting  of  the  Management  of  such

institution shall be given effect to unless approved by the Director ; and

(e) it  shall  be  lawful  for  the Administrator  to  terminate  the  services  of  any
employee who in his opinion is acting in any manner detrimental to the interest of
the  institution  or  education  imparted  therein  after  giving  the  employee  a
reasonable  opportunity  of  showing  cause  against  the  proposed  action  ;

4

Maharashtra  Educational  Institutions  (Management)
Act, 1976

[1976 : Mah. XIII

Admini-
strators.

Advisory
Committee.

(f) the  employee  who  is  aggrieved  by  any  order  of  the Administrator  may,
within 21 days of receipt of the order terminating his services, appeal to the Director
whose decision in the matter shall be final and conclusive and shall not be called
in  question in  any  court.

4.

(1) The Director shall, with the approval of the State Government, appoint
one or more Administrators, to manage the educational institution, taken over under
section 3. Where more than one Administrator are appointed, the State Government
may,  by  order  in  writing  assign  sphere  of  his  duties  to  be  performed  by  each
Administrator, subject to such directions as the Director may from time to time
think fit to give in this behalf.

 (2) The Administrator shall be a person who has experience of managing an
educational  institution  or,  who  possesses  such  other  qualifications  as  the  State
Government may by order specify.

(3) The terms and conditions of service of an Administrator appointed under
this  section  shall  be  such  as  the  State  Government  may  by  order  in  writing
determine  and  different  terms  and  conditions  may  be  determined  for  different
Administrators depending on the nature of duties which may be assigned to him.
(4) The Administrator shall as far as practicable consult the Committee in
respect of the affairs of the administration or management of the institution, and
be guided in all such matters by its advice, unless for reasons to be recorded in
writing he disagrees with the advice of the Committee. If he disagrees, then he
may disregard the advice of the Committee, but he shall inform the Director of the
disagreement and the action taken by him. If the Director does not approve the
action taken by the Administrator, the Director shall issue such directions as he
thinks fit, and the Administrator shall comply with such directions.

5.   (1) For the purpose of advising the Administrator generally in the matter of
administration  and  management  of  an  educational  institution  taken  over  under
section 3, the State Government shall appoint an Advisory Committee.

 (2) The Advisory Committee shall consist of not more than three persons who
are  conversant  with,  or  have  experience  of,  the  management  of  educational
institutions. One of the members shall be appointed to be the Chairman for the
purpose of conducting the meetings of the Committee.

 (3) The members of the Committee shall hold office for a period of three years.
The State Government may remove any member without assigning any reason. A
person shall be eligible for reappointment.

(4) The members of the Committee shall be eligible for such allowances for
attending the meetings of the Committee as the State Government may by order
determine. A member of the State Legislature while holding the office of a member
of  the  Committee  shall  not  be  entitled  to  receive  any  allowances  other  than
travelling allowance, daily allowance or such other allowance which is paid to the
holder of such office for the purpose of meeting the personal expenditure incurred
in attending the meeting of the Committee or on performing any other functions
as the holder of such office.

 (5) It shall be the duty of the Committee to advise the Administrator on such
matters as the Administrator, the Director or the State Government may refer to it
for advice  or guidance. It  shall also be  lawful to  the Committee to  tender such
advice to the Administrator in the matter of administration or management of the
institution as the Committee may think fit.

(6) The Committee shall, in conducting its business, determine such procedure
as  it  deems  fit,  subject  to  such  directions  or  instructions  as  the  Director  or  the
State Government may think fit to give.

5

Powers  of
Adminis-
trator.

Obligation of
Management
to  pay  to
Government
expenditure
on
remuneration
of Administrator
and
allowances  of
Advisory
Committee
and            share
o f
other
expenditure
of  the
institution.

provisions  in
case  of  refusal
to  hand  over
managemant  to
Administrator.

1976 : Mah. XIII ]

Maharashtra  Educational  Institutions  (Management)
Act, 1976

6. The Administrator  shall  manage  the  affairs  of  the  institution  which  has
been taken over under section 3 in accordance with the rules, regulations or  by-laws
or any other instrument which regulates the management of such institution.   The
Administrator may, notwithstanding anything contained in such rules, regulations,
or by-laws or such instrument administer the affairs of the institution as he may,
subject  to  the  approval  of  the  Director,  having  regard  to  the  exigencies  of  the
situation, think fit.
1
[6A. (1) Where the management of any institution is taken over under section 3,—
  (a) the  expenditure  on  the  remuneration  of  the Administrator  and  on  the
allowances to the members of the Advisory Committee shall be paid monthly by
the Management from the  funds of the institution,

(b) the  proportionate  share  of  the  expenditure  of  the  institution,  which  the
Management  would  have  had  to  meet  in  any  year,  if  the  management  of  the
institution  had  not  been  taken  over,  shall  initially  be  borne  and  paid  to  the
Administrator by the  State Government, but  the Management shall,  on demand
made by the Administrator, pay from the funds of the institution annually to the
State  Government  the  share  of  the  expenditure  so  borne  and  paid  by  the
State Government :

Provided that, the management shall not be liable to bear inadmissible expendi-

ture incurred by the Administrator, if any.

(2) If any default is made  by the Management in making any such payment in
time,  the  amount  due  may  be  recovered  by  the  State  Government  from  the
Management as an arrear of land revenue.

(3) If there is any doubt or dispute regarding the liability of the Management
to pay any amount under this section, the question shall be referred for the decision
of the State Government and the decision of the State Government thereon shall
be final and conclusive :

Provided that, the management shall be given reasonable opportunity of being

heard before taking such a decision.]

7.

(1) On the appointment of an Administrator, the Management of the insti-
tution, the management of which has been taken over under section 3, shall forth-
with  hand  over  the  management  of  the  institution  to  the Administrator  and   all
papers and property of the institution in its possession or under its control (being
papers  and  property  which  in  the  opinion  of  the  Director  is  essential  or
necessary for  the management of  the institution).

(2) If the Management refuses to hand over the management of the institution
as  required  by  sub-section  (1),  the  Director  or  any  officer  duly  empowered  by
him in this behalf may, by an order in writing, direct the Management to forthwith
hand over the management of the institution together with the papers and property
of institution in its possession or under its control referred to in sub-section (1)
to the Administrator.

(3) If the Management to whom a direction has been issued under sub-section
(2) does not comply with the direction, the Director may take steps to recover all
papers and property of the institution in its posession or under its control so far
it is necessary for its management and for that purpose the Director may authorise
any  officer to  issue a  search warrant  and exercise  all such  powers with  respect
thereto  as  may  be  lawfully  exercised  by  a  Magistrate under  the  provisions  of
Chapter VII of the Code of Criminal Procedure, 1973. The papers and property so
recovered shall be handed over to the Administrator.

1 Section  6A  was  inserted  by  Mah.  36  of  1981,  s.  2.

2 of
1974.

6

Maharashtra  Educational  Institutions  (Management)
Act, 1976

[1976 : Mah. XIII

Handing
over  of
institution  back
t o
Management.

8.   (1) After the expiry of the period for which the management of any institution
has  been  taken  over,  the Administrator  shall,  subject  to  the  provisions  of  sub-
section (2), hand over the institution together with the property of the institution
to  the  Management  concerned.

(2) Before handing over the institution to the Management, the Administrator
may  make  an  application  to  the  Charity  Commissioner  to  settle  a  scheme  of
management in the   interest of the proper administration of the institution ; and
thereupon, the provisions of section 50-A of the Bombay Public Trusts Act, 1950,
shall  apply,  as  they  apply  in  relation  to  scheme  settled  by  the  Charity
Commissioner under that section.

(3) If the Management fails to administer the institution according to the scheme
of management settled by the Charity Commissioner, the institution shall be liable
to be taken over under this Act :

Provided that, no institution shall be taken over for management again, unless

the  Management  has  been  given  a  reasonable  opportunity  of  being  heard.

Bom.
XXIX
o f
1950.

Power  to
give
directions.

9.

  Notwithstanding  anything  contained  in  this Act,  the  State  Government
shall have power to give to an Administrator all such directions as it may consider
necessary in regard to any matter connected with the administration or management
of the institution, and the Administrator shall comply with such directions.

Indemnity.

10. No suit or prosecution shall lie against any person in respect of anything

which is in good faith done or intended to be done under this Act.

Rules.

11.  (1)  The  State  Government  may,  subject  to  the  condition  of  previous
publication, make rules for carrying out the purposes of this Act. Such rules may
provide for levying fees for any of the purposes of this Act ; and for refund of
such  fees.

(2) Every rule made under this Act shall be laid as soon as may be after it is
made before each House of the State Legislature while it is in session for a total
period of thirty days which may be comprised in one session or in two successive
sessions and if, before the expiry of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in the rule
or both Houses agree that the rule should not be made, and notify such decision
in  the Official  Gazette, the  rule  shall  from  the  date  of  publication  of  such
notification have effect only in such modified form or be of no effect, as the case
may be ; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done under
that rule.

Saving.

12. The provisions of this Act shall not apply to any educational institutions
established  or  to be  established  and  administered  or  to be  administered  by  any
minority, whether based on religion or language.

Repeal  of
Mah.
Ord. I  of
1976  and
savings.

13.   (1) The Maharashtra  Educational Institutions (Management)  Ordinance,

1976, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken (including
any  appointment  made  or  any  order  issued)  under  the  Ordinance  so  repealed,
shall, be deemed to have been done, made or issued, as the case may be, under
the  corresponding  provisions  of  this Act.

Mah.
Ord.  I
o f
1976.

PRINTED AT THE GOVERNMENT CENTRAL PRESS, MUMBAI

1976 : Mah. XIII ]

Maharashtra  Educational  Institutions  (Management)
Act, 1976

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

