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Start Free TrialEmigration Act, 1983 Chapter VIII
Title: Miscellaneous
State: Central
Year: 1983
..... (1) The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any agreement or other instrument having effect by virtue of any enactment other than this Act. (2) Save as provided in sub-section (1), the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. Section 40 - Delegation The Central Government may, by notification direct that any power or function-- (a) which may be exercised or performed by it under this Act, or (b) which may be exercised or performed by a registering authority, competent authority or a Protector of Emigrants under this Act, may, in relation to such matters, and subject to such conditions, if any, as it may specify in the notification, be also exercised or performed-- (i) by such officer or authority subordinate to the Central Government, or (ii) by any State Government or by any officer or authority subordinate to such State Government, or (iii) in any foreign country in which there is no diplomatic mission of India, by such foreign consular office, as.....
View Complete Act List Judgments citing this sectionEducation Act, 1983 Chapter 15
Title: Control of Private Educational Institution
State: Karnataka
Year: 1983
.....shall be governed by such Code of Conduct as the State Government may after previous publication prescribe. In such other matters arising under this Act and not covered by the Code of Conduct aforesaid, the Governing Council shall be governed by such Code of Conduct prepared by it with the prior approval of the State Government as is not inconsistent with the Code of Conduct prescribed by the State Government which shall be communicated to the competent authority for information. Section 103 - Furnishing of list of properties (1) Every private educational institution shall, maintain a list of the properties, both moveable and immoveable owned or possessed by it. (2) The management shall, on or before the prescribed date, furnish to the competent authority a copy of such list in the manner and form as may be prescribed. Section 104 - Utilisation of Funds, etc. (1) All moneys collected, grants received and all property held by the management on behalf of a private educational institution shall be utilised for the prescribed purposes and the purposes for which they are intended and shall be accounted for by the private educational institution in such manner as may be.....
View Complete Act List Judgments citing this sectionEducation Act, 1983 Chapter 12
Title: Taking over of Management, Requisitioning and Acquisition of Educational Institutions
State: Karnataka
Year: 1983
.....of educational institutions 1[67A. Relinquishment of management of educational institutions (1) After the expiry of the period specified in sub-section (1) of section 67, the management of educational institution shall vest in accordance with the order, if any, of any court and if there be no such order, vest in the Governing Council or managing committee (by whatever name called) of such educational institution or such other body or person, as the case may be, entitled thereto. (2) If at any time before the expiry of the period referred to in sub-section (1) of section 67, it appears to the State Government that the purpose of vesting of the management of educational institution in the State Government has been fulfilled or that for any other reason it is not necessary that the management of such educational institution should remain vested in the State Government, it may, by order published in the official gazette, relinquish the management of such educational institution with effect from such date as may be specified in the order. (3) On and from the date specified under sub-section (1) the management of the educational institution shall be transferred in accordance.....
View Complete Act List Judgments citing this sectionEducation Act, 1983 Section 67
Title: Taking over of Management of Educational Institutions in Public Interest
State: Karnataka
Year: 1983
.....years immediately preceding the date of such vesting whichever is less: Provided that no such amount shall be payable if the trusts or Governing Council under which the educational institution is founded makes provision for the running of such institution. Explanation.- In this sub-section, the expression "accounting year" means the period beginning on the 1st day of July of any year and ending on the 30th day of June of the year next following. (9) The amount payable under sub-section (8) shall subject to rules made under this Act, be paid by the competent authority to the person interested in the educational institution in such manner and within such time as may be prescribed. _______________________ 1. Substituted by Act 8 of 1998 w.e.f. 11.4.1998. 2. Inserted by Act 8 of 1998 w.e.f. 11.4.1998.
View Complete Act List Judgments citing this sectionEducation Act, 1983 Section 71
Title: Requisitioning of an Educational Institution
State: Karnataka
Year: 1983
.....service of such notice to him why the property should not be requisitioned and shall consider the objections, if any, shown by the Governing Council or other person, and (b) may, by order, direct that the Governing Council or any person shall not, without permission of competent authority, dispose of, structurally alter, lease or in any manner deal with, the property until the expiry of such period, not exceeding three months, as may be specified in the order. (3) Where any property is requisitioned under sub-section (1) the Government may,- (a) use or deal with such property for any educational purpose; or (b) by order, permit any person or body or local authority to use or deal with such property for any such purpose, subject to the payment of such rent and other sums to the Government and the observance of such conditions as may be specified in the order.
View Complete Act List Judgments citing this sectionEducation Act, 1983 Section 72
Title: Summary Power for Taking Possession of Property
State: Karnataka
Year: 1983
(1) Any person remaining in possession of any property in contravention of an order issued under section 71 may be summarily dispossessed of such property by an officer empowered by the State Government in this behalf and in the case of a building if free access to it is not afforded to such officer, he may after giving reasonable warning and facility of withdrawing to any women not appearing in public according to the customs in the country, remove or open any lock or bolt or break open any door or do any other act necessary for effecting such dispossession. (2) If any such officer is resisted in the exercise of such power or discharge of such duty, the Magistrate having jurisdiction shall, on a written requisition from such officer, direct any police officer not below the rank of Sub-Inspector to render such help as may be necessary to enable the officer to exercise such power or discharge such duty.
View Complete Act List Judgments citing this sectionEducation Act, 1983 Chapter 14
Title: Terms and Conditions of Service of Employees in Private Educational Institutions
State: Karnataka
Year: 1983
.....private educational institution. The names and qualifications of the teaching staff shall be displayed in a prominent place in the institution. Section 91 - Code of conduct (1) Every employee of a private educational institution shall be governed by the prescribed code of conduct and if he violates any provision thereof he shall be liable for the prescribed disciplinary action. (2) The managing committee may with prior approval of the State Government or any authority authorised in this behalf by the State Government also prescribe standards of conduct to be observed by employees, provided they are not inconsistent with those prescribed under sub-section (1). Section 92 - Dismissal, removal etc. (1) Subject to such rules as may be made in this behalf no teacher or other employee of a private educational institution shall be dismissed, removed or reduced in rank except,- (a) in accordance with the conditions of service governing him; (b) after an inquiry, in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of the said charges, and where it is proposed after such inquiry to impose on him such.....
View Complete Act List Judgments citing this sectionEducation Act, 1983 Section 101
Title: Power of Government to Impose Penalties
State: Karnataka
Year: 1983
Notwithstanding anything contained in sections 92 and 94 and subject to such rules as may be prescribed, where the competent authority is of the opinion that disciplinary action against an employee is necessary, it may direct the Governing Council to take action within a specified period. If the Governing Council fails to comply with the direction, the competent authority shall report the matter to the State Government, which after considering the report may specify by order, a person or authority to take disciplinary action against the employee. The person or authority so specified may thereupon take disciplinary action against the employee and impose all or any of the penalties which the Governing Council can impose. An appeal shall lie from a decision of such person or authority to the tribunal, within the prescribed period.
View Complete Act List Judgments citing this sectionEducation Act, 1983 Section 106
Title: Governing Council to Hand over Properties, Records, Etc., to Competent Authority on Closure, Etc., of Private Educational Institution
State: Karnataka
Year: 1983
.....Judicial Magistrate of the First Class having jurisdiction shall, on an application made by the competent authority, by order, after notice to the Governing Council, 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 Governing Council 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), it shall be punished with imprisonment which may extend to six months or with fine which may extend to two 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 private educational institution under the management of a charitable or religious institution, charitable or religious endowment or wakf.
View Complete Act List Judgments citing this sectionEducation Act, 1983 Section 60
Title: Prohibition of Transfer of Lands and Buildings by Educational Institutions Without the Permission from Government in Certain Cases
State: Karnataka
Year: 1983
.....Government and the proceeds of such transfer are to be wholly utilised in furtherance of the said purposes; (b) the transfer is made only in part in furtherance of the purposes aforesaid, provided repayment is made to the State Government of such portion as the State government may direct in the circumstances of the case, of the grant referred to in clause (a) of sub-section (1) or of the current market value of the land or building referred to in clause (b) of sub-section (1) or of both, as the case may be; (c) the transfer is made for any other valid reason provided repayment is made to the State Government in full of the grant referred to in clause (a) of sub-section (1) or of the current market value of the land or building referred to in clause (b) of sub-section (1) or of both, as the case may be. (3) Any transfer of land or building made without obtaining the permission of the Government under sub-section (2), shall be null and void.
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