[ 16-A. (1) Notwithstanding anything in any law, document, or decree or order of a Court or other instrument, there shall be a Scheme of Administration (hereinafter referred to as the Scheme of Administration ) for every institution, whether recognized before or after the commencement of the Intermediate Education (Amendment) Act, 1958. The Scheme of Administration shall amongst other matters provide for the constitution of a Committee of Management (hereinafter called the Committee of Management) vested with authority to manage and conduct the affairs of the institution. [The head of the institution]; and two teachers thereof, who shall be selected by rotation according to seniority, in the manner to be prescribed by regulations, shall be ex-officio members of the Committee of Management with a right to vote.
(2) No member of the Committee of Management shall either attend a meeting of the committee or exercise his right to vote whenever a charge concerning his personal conduct is under discussion.
(3) The Scheme of Administration shall also describe, subject to any regulations, the respective powers, duties and functions of [the head of the institution] and Committee of Management in relation to the institution.
(4) Where more than one recognized institution is maintained by a body or authority there shall be separate Committee of Management for each institution unless otherwise provided in the regulations for any class of institutions.
(5) The Scheme of Administration of every institution on shall be subject to the approval of the Director and no amendment or change in the Scheme of Administration shall be made at any time without the prior approval of the Director.
[Provided that where the Management of an institution is aggrieved by an order of the Director refusing to approve an amendment or change in the Scheme of Administration, the State Government, on the representation of the Management, may, if it is satisfied that the proposed amendment or change in the Scheme of Administration is in the interest of the institution, order the Director to approve of the same, and thereupon the Director shall act accordingly. ]
(6) Every recognized institution shall be managed in accordance with the Scheme of Administration framed under and in accordance with sub-section (1) to sub-section (5) and sections 16-B and 16-C.
[ (7) Whenever there is dispute with respect to the Management of an institution, persons found by the Regional Deputy Director of Education, upon such enquiry as is deemed fit to be in actual control of its affairs may, for purposes of this Act, be recognized to constitute the Committee of Management of such institution until a court of competent jurisdiction directs otherwise :
Provided that the Regional Deputy Director of Education shall, before making an order under this sub-section, afford reasonable opportunity to the rival claimants to make representations in writing.
Explanation—In determining the question as to who is in actual control fo the affairs of the institution, the Regional Deputy Director of Education shall have regard to the control over the funds of the Institution and over the administration, the receipt of income from its properties, the Scheme of Administration approved under subsection (5) and other relevant circumstances. ]