(1) In the event of the 38[private institution other than a registered school] being closed down or discontinued or its recognition being withdrawn, the manager shall hand over or cause to be handed over to the competent authority the
38. Substituted by Act No.27 of 1987.
Private institution not to be closed down, etc., without sufficient notice.
Manager to hand over properties, records etc., to competent authority on closure, etc., of private institutions.
[Act No.1 of 1982] 35 custody of all the properties, records and accounts of the institution in his possession.
(2) (a) Where the competent authority is resisted in, or prevented from, obtaining the custody of properties, records or accounts of the institution by such manager, any judicial magistrate of the first class having jurisdiction shall, on an application made by the competent authority, by order, after notice to the manager, direct the handing over of the custody of such properties, records or accounts of the institution to the competent authority within the time specified in such order.
(b) Where the manager fails to hand over the custody of the properties, records or accounts within the time specified in the order of the magistrate under clause (a), he shall be punished with imprisonment which may extend to 39[one year] or with fine which may extend to 39[five thousand rupees] or with both, and the magistrate shall cause the custody of the properties, records or accounts to be handed over to the competent authority taking such police assistance as may be necessary.
(3) Nothing in this section shall apply to a minority educational institution and to a private institution under the management of a charitable or religious institution, charitable or religious endowment and a wakf.