State Act

THE UTTAR PRADESH BOARD OF SECONDARY SANSKRIT

23- (1) Notwithstanding anything contained in any law, document or decree or order of a court or other instrument, there shall be a Scheme of Administration for every institution, whether recognized before or after the commencement of this Act. The Scheme of Administration shall amongst other matter provide for the constitution of a 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 the Management shall either attend the 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 regulation, 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 institutions are 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 shall be subject to the approval of the Director and no amendment to, 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 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). (7) Whenever there is a dispute with respect to the Management of an institution, persons found by the Regional Joint Director upon such enquiry as he deems fit, to be in actual control of its affairs may, for the 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 Joint Director shall before making an order under this sub-section, afford reasonable orrportunity to the rival claimants to made representations in writing. Explanation : In determining the question as to who is in actual control of the affairs of the institutions the Regional Joint Director 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 sub-section (5) and other relevant circumstances.