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Section 4: Power of State Government to issue directions.

The Maharashtra Educational Institutions (Transfer of Management) Act, 1971State Act of Maharashtra · Act 49 of 1971

(1) If, after making or causing to be made any such investigation as is referred to in section 3 and on considering the report submitted to it under that section, the State Government is satisfied that action under this section is expedient in the public interest, it may issue directions to the educational institution as may be appropriate in the circumstances for the purpose of improving the standard of education imparted in the institution or for ensuring the competence of teachers, or for maintaining the discipline of the institution or for the purpose of improving the administration or management of the undertaking or the institution in the manner specified or indicated in such directions, or in relation to any matter which promotes or is likely to promote in the public interest the administration or management of the institution.

(2) Without prejudice to the generality of the provisions of sub-section (1), such directions may be issued for all or any of the following matters, namely:-

(a) requiring the institution to pay the salaries of all the employees of the institution not later than the fifth day of each calendar month; or requiring it to pay to each employee the amount of the salary in full (without any deductions other than deductions which are authorized by or under any law for the time being in force) as specified in the pay-bill in such manner as may be prescribed in this behalf ;

(b) requiring the institution to appoint the teaching staff possessing such prescribed qualifications as are necessary for the purpose of ensuring the maintenance of academic standards as laid down by the State Government from time to time in relation to the institution and for maintaining efficient administration and management thereof; and accordingly, requiring the institution to terminate the services of any person or persons who do not possess such qualifications within such time as may be specified in the directions;

(c) requiring the institution in the interest of ensuring the smooth and orderly administration thereof to avoid any dispute or dissensions amongst the persons managing the affairs of the institution, and for that purpose indicating in such directions the action which may be taken by the institution;

(d) requiring the institution to provide it with adequate and proper accommodation, furniture, stationery, equipment and other facilities and matters which are necessary for the efficient administration or management of the undertaking of the institution, and specified in such directions;

(e) requiring the institution not to demand, either directly or indirectly, any contribution, donation or payment of any kind, either in cash or in kind, from or on behalf of any pupil as a condition for granting him admission to the institution or promotion or any other special benefit;

(f) requiring the institution to carry out the instructions from time to time issued by the Education Department of the State Government or of any officer not lower in rank than a Deputy Director of Education duly authorised by it in this behalf, and specified in such directions;

(g)requiring the institution to take all such steps or action as is specified in the directions in relation to any matter involving misappropriation or misapplication of the funds of the institution which affects the working of the institution.

(3) Every direction issued under this section shall specify the period within which the direction may be complied with. The State Government may extend such period from time to time, if the circumstances of the case warrant such extension

Where this provision sits

ActThe Maharashtra Educational Institutions (Transfer of Management) Act, 1971
Section4
Marginal notePower of State Government to issue directions.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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