Section 29State of Tamilnadu- Act Act

Section 29: Closure of private school or class or course

Tamil Nadu Private Schools (Regulation) Act, 2018

Closure of private school or class or course.

(1)

No private school or class or course or medium of instruction started in the private school shall be closed without obtaining the prior approval of the competent authority and without making such arrangements as may be prescribed for the continuance of the instruction of the pupil of that private school or class or course or medium of instruction, as the case may be.

(2)

No prior approval under sub-section (1), shall be granted by the competent authority unless the educational agency in writing has given a prior notice to the competent authority in an academic year within such period, in such form and in such manner as may be prescribed.

(3)

On receipt of the notice under sub-section (2), and after considering the same,-

(a)

the competent authority may either grant prior approval for the closure of the private school or class or course or medium of instruction, as the case may be, subject to such conditions as it may impose; or

(b)

if the competent authority notices that,-

(i)the notice given under sub-section (2) is defective; or

(ii)no arrangement has been made as required under sub-section (1), for the continuance of the instruction of the pupil of that private school or class or course or medium of instruction, as the case may be, for the period of study for which the pupil have been admitted; or

(iii)the reasons given for the closure of the private school or class or course or medium of instruction, as the case may be, are directly attributable to the mismanagement or maladministration on the part of the educational agency; or

(iv)the reason adduced for the closure of the private school or class or course or medium of instruction, as the case may be, is lack of finance even though factually the educational agency has adequate financial resources; or

(v)the reasons given for the closure of the private school or class or course or medium of instruction, as the case may be, are not bonafide; or

(vi)the closure of the private school or class or course or medium of instruction, as the case may be, shall adversely affect the educational opportunity available to the pupil of the local area in which that private school is situated,

it may by an order in writing, refuse to grant prior approval for the closure of the private school or class or course or medium of instruction, as the case may be, adducing reasons therefor:Provided that the competent authority shall not refuse to grant prior approval unless the educational agency has been given an opportunity of making representation in this behalf.

(4)

(a)

The competent authority shall communicate its decision on the notice given under sub-section (2) as expeditiously as possible and in any case not later than three months from the date of receipt of the notice;

(b)

Where the competent authority refuses to grant prior approval for the closure of the private school or class or course or medium of instruction, as the case may be, the educational agency shall continue to run the private school or class or course or medium of instruction, as the case may be;

(c)

Where the competent authority grants approval for the closure of the private school or class or course or medium of instruction, as the case may be, during the course of an academic year, such closure shall take effect only after the expiry of the said academic year. The recognition of such private school shall be deemed to have been lapsed with effect from the date of approval for the closure of the private school.

Sec 28 — Inspection and Inquiry

Sec 30 — Restriction on alienation of property of private school

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