Bare Acts & Rules

Free Downloadable Formats

Hello Good People !

LaLas

LatestLaws.com
LatestLaws.com

The Educational Institutions (Acquisition of Right Title and Interest) Act,

1980
Act 8 of 1980

Keyword(s):
Educational Institution, Head of Educational Institution, Schedule

DISCLAIMER: This docum ent is being furnished to you for your inform ation by PRS
Legislative Research (PRS). The contents of this docum ent have been obtained from sources
PRS believes to be reliable. These contents have not been independently verified, and PRS
m akes no representation or warranty as to the accuracy, com pleteness or correctness. In
som e cases the Principal Act and/ or Amendm ent Act m ay not be available. Principal Acts
m ay or m ay not include subsequent amendm ents. For authoritative text, please contact the
relevant state departm ent concerned or refer to the latest government publication or the
gazette notification. Any person using this m aterial should take their own professional and
legal advice before acting on any information contained in this docum ent. PRS or any persons
connected with it do not accept any liability arising from the use of this document. PRS or any
persons connected with it shall not be in any way responsible for any loss, dam age, or distress
to any person on account of any action taken or not taken on the basis of this docum ent.

LatestLaws.com
LatestLaws.com

Tripura Act No. 8 of 1980

LatestLaws.com
LatestLaws.co

Tripura Act No. 8 of 1980

THE TRIPURA EDUCATIONAL INSTITUTIONS (ACQUISITION

OF RIGHT, TITLE AND INTEREST) ACT, 1980
AN
ACT
co pi-ovidei n the p~tblicinlerest, for the acquisition and transfer or 111erighr,
rirle and interest ol'cerlain cduci~tion;tIinsLi tutions in TI-ipulha,will> a view to
securc better and elficient managelllent [hereof and i01- matrecs coni~ected
t hct-eivith and incidental thereto.

Be i t enacted by the LcgisliiLive Assembly of Triplira in the Thirly-first

year of r l ~ eRepublic of India as lollows :-

CHAPTER I
Shorl lille and
connlencelnenc-

1.
( I ) This Act mily he called [he Tripura Educational Institutions (Accliiisition of Right.Tirleund Interest) Act, 1980.
(2)

Delinilions.

2.

It shall come into forcc at once.

In this Act, unless tile conlext othcrwise requires :(1)

"appointed day" in relalion to an Educational Institution

means such diry ;is the State Government may, by notification in thc 0t'fici;rl Gazetre, appoint for such Insti tiltions ;

(b)

"educatior~alins!i~u~ion"
mcans educational Ins~itutionspecified in ille Schedule appcnded to this Act ;

(c)

"C;o\ ernment" rncans the Gavel-nmenc of Tripura ;

(dl

"Head of Educalional Institution" means lhe Principal,

Headmaster or any ocher Principill Academic Officer of an
Institution by whatever narnc he may be callecl ;

(c)

"otl~el-employee" nlenns an enlployee of !he Educational

lnstitutiori who is no1 i t ~eacher;

(t]

"prescribed" means prescribed under the rules made under

this Act ;

LatestLaws.com

(g)

" tcacher" means a member of teaching staff of thc Educational Institution and includes a Principal, Vice-Principal,
Head Mastcr 01- Assistant Head Master ;

(h)

"Schcdulc" meilns the Schedule appcndcd to this Act.

CHAPTER I1
Vesting of Educational Tnstilutions.
3.
(1) On the appoinled day, thc right, title ancl interesl of [he educa- lhnsl'era~ltl
tional inslitutions shall, by vil-tucof this Act, stand transfelnredto, and vcstcd rcslins in
lllc Shtc
in thc Starc Govcrn~ncnt.
Guvc~nmcnt
of the

(2) Any person or aurhoriry responsible for the management and muwliond
conlrol o i [he alhirs of such educational institutions immediately beiore the Institutions.
appointcd day shall ccasc to cxcrcise such managenlent and control over the
educationat inslitutions and sh;d l he (leenled ro have vacated their office and
the Governmen1 shall on and I ' I I ~ I I I [he appointed day, manage, control and
adn~inisrerthe educational jns~ilu~ion
in the samc manner like other GovernIncnt cducatio~~nl
institutions of thc same nature.
4.
The educa~ionalInstitutions I-efcrrcd tn in section 3 shall be General
1
dccmcd to includc a11 asscts, rights, powers, authorities and privileges anct cffeclol'
all properties, movable and immovable,cash balance, reserve fi~nds,book
debts, invesrnlenrs and all olher righls and interests i n , or arising out of, such
property as were immediately beforc thc appoinrcd day, in the ownership,
possession, powcr or con trol of thc cducatiol~alinstitutions, and all books of
accounts, registers, records and all other documents of whatever nature relatii~gthereto and shall also be cleemed to include all borowings, liabilities
(including the liabilily Por [he paymen1 of any pension and othcr pensionary
bcnefi ts to [he persons employed to such cducational institution) and obligntions of whatcvcr kind than subsisting of thc cducational institulion.
(2) Unless olher wise expinesslyprovided by this Acr, all deeds, bonds,
agreements, power 01atoinney,grant o i legal represenlarion and other instruments or whalever nature subsisting or having eifect immediately before [he
appointed day, and to which any educalionaI institution is a party or which
arc in favour of an cducational institution shall be of full force and cfiect
against or it1 favour of thc State Government as if the State Govcrnmcnt had
been a party thercto or as if thcy had been issucd in favour of the State Governmenl.

LatestLaws.com

(3) ll on the ;ippointed day, any suit, appeal or other proceetling of

whatcvcr unturc in rclnt ion to any of the educaiionnl i~lstirution,which havc
bccn tr~insfcrr-cdto, i111dvested inl the Sla~r:Govei-nmeinl under section 3, i s
pending by or ;ig;rinst iiny educational institution, the same not abet or be
discontinued or bc in ; m y wily prejudiced or. be aflecled by reason of the
transfer of the educa~ionalinstitution or of anything con taincd in this Act,
bul the suil, appeal or orher proceedings may bc continued, prosccutcd and
enforced by 01- against I he Srnle Government.

5.
(I)
Evcryrightorintc~-cstinrcspcctofanypt~operty(iticludinga
rig111 under any lease 01-under any righr or Lerlancy or any righl under any
arrangelnenl to secure any pren~isesfor any purposc) which any educarional
right and
interest held insrirution hcld immcdiatcly bcforc thc appointed day, shall, notwithstandhyrmduca:il(iontll ing anything contained in runy other 01.in any agreelncnt or instrtimenls relalin>LituLitlnhc i ~ i to
g sucl~right 01- intcrcsa, vcst in and hc hcld by thc Statc Govcrnn~enlon
fnre h e
and i~fterthe appoi~~ted
day on the same terms and conditions on which the
al)lwirll*dn~- cducatiatlal irlstitution would havc hcld as if this Act had not bccn passed.
Special
prt'visic'nus
Lo ascertain

(2) On [he expiry of the [ems of i l l y lease, lenancy or al-r-;ingemcllr

referred to i t 1 sub-scction ( I ) , such lcnsc or tcnancy 01-nrraugcnient shall, if
so desired by rtiz State Govcrnmc~~t,
bc rcnewcd 01- continucd, so far as may
be, on the snnw terms and condilions on which the lease or tct~ancyor arrangement w i ~ ot-iginally
s
grantcd or cntcrcd into.
Removal o r 6.
dnuhk
sioil

(1) For [he remo\r;il of doubts, i t is hereby dccIarcd that the p~~ovi01sec~ions3, 4 and 5 shall apply to tllc cxtcnt to which any pinoperly
apperrains LO the Educi~Iiuni~l
Institutions and to thc right and powers
acquired, and to dccds, liabili tics and obligation incurred, and to contracts,
agi-eementsand other instlnmcnts mndc by rhc cducatianal insliLurion and tn
the Iegal 0proceedings, relilting to thosc mattcrs pcndins in any court or
tribunal.

(2) IC any qiiestion al-iscs os to whcthcr any property apperlains, immediarely before the appointed driy to ; m y cducatio~~nl
institution, or wheihelany rigthts, powers, deeds, 1i;thiliticsnr ohlignt ions wcl-e acqltircd or incurred
or any con~l-actngrccmclit or othcr insli-umentwas made by any educational
ins~ilulionfor- the purposcs of management and ndminis!lnalionor whc thcr
any document relates to tliosc purposes or whelher the provision of sectinn 7
apply in relation to anv property, the quesrion shnll be referred to the Stetc
Government which shnll after giving a rcasonablc opportunity of being heard
lo thc pcrson interested in the marlel; decidc i t in such manllcr as it may think
fit.

LatestLaws.com

Ni, school, college or othct' educational i r~stitulionsestablished and ~ x l ~ ~ l i ~

7.
administererl by the minorities wl~crherbaser1 on r-clntion or language shill1 Inslilulion
be acquired by the Slate Govcrnmen[ under this A d and nothing in ll~isAcl
by lIie
shall apply to such school, college or othcr cduciitionnl instilulio~i.
r r i ~ o r i Qnu1 I r h
CHAPTER 111
Payrrlent oKsmou~~t
8. (1) Fur [he trausfcr LO and vcsring i l l the State Governmcnt uudet'
scctinn 3 o l the right, title :~ntlin tcresr of die educational institutions, there
s11i)llhe paid by thc Stare Go~wrilnenlan aggregate amount not z.uceeding
Rs. 60, 0001- as may be detcrmillcd by rhe S tatc Governmcnt to the owner,
grtliip of owncrs or authol-ityof each educational institution :

Payment of
fimouilt 10 lllc
educalionnl
.
mstilulions.

Provided [hat ill delernlining the anlounr under this sub-scction, the
properties, whcrhcr ~novableor i tnmovable. acquired by the cducotional institution, eithcr by way or gi ft or with the help of donations [row any person,
inslitution or authorily shall be excluded.
Wher-c any oiv~~ci.,
group of owners or nuthoriiy rcccivcd grants
from !he Govcrnnient lor acquiring assels boih ~uovnbleand i~nmovirbleof
any educatio~~al
insti~utioi~
[hell -

(2)

(a)

whcrc the amounk of grant is equal to or in excess to rhc

n~nountdeterniincd by the Srale Govcmmenr under subsecliun ( I). s u d ~
owner. group of owners or authority shall
not be cnritled lo ally co~npcnsi~lion
unde~-that sub-seclion.

(b)

where thc amount of grant is Icss than the amount determined undcr sub-seclion (1) such owner, group of owners
01-authorityshall be e~lricledto an ;imount which fails SIIOI-1
oC the amount dctcrmined under sub-scction (1).

CHAPTER i V
Provision relating to entployees
9.
(1) Every leacher and every otl~eremployee of educa~jonalinsti tution wlio was, immediately before Lhe appointed day, employed by the cducittional ins~ilutionshall, on the appoin~edday, become a kncher or other
eniployec as the case may be of thc State Government in which the right,
title and intercst of educa~ionalinstitutions Rave vested under this Acr and

'lhnsrcrof
scrviw~r
rsisling
cmployccs of
cducaiional
inslilulirrns.

LatestLaws.com

shall hold office or service u~lderthe State Government, on thc same rerms
and conditions and wirh [he same righr to pension, gratuity, and othcr marrets
as would have been admissible to I~imif there had been no such vesting and
shall continuc to do so unlcss and until his cmployment under [he Stirte Govel'nnle~ltis duly ler~ninatcdafter giving noticc of threc tnonths or the salary
for three nlonths in lieu thereor, or until his remuneration a d condition of
szrvicc arc duly altcred by Lhe S t a ~ Govern~ne~lL
e
:

Provided that every such teachcr or othcr cmploycc shall, within a

pcriod of six monll~sor sucli CLII-[her
period beyond six months as may be
fixed by the Stntc Govcr~imznt,fi-om the appclinled day, exercisc his optiou
either lo be re~l-enchedfro111scrvicc or to be absorbed in the service or the
Govcrnrncnt on such lerms aorl conditions as may bc offcrcd to him by the
State Govcrnmcnt :

Providecl l u ~ ~ t h that
e r when any tcachcr or other employee has been
absorbcd in thc service or the Government undcr thc first proviso then-

(2)

any service rendered by any such teacher or other employec

imrncdiately before the appointed day shall be deemed to
be scrvicc rendered in connection with thc nffairs oC the
Stale,

(ii)

the Statc Government inay en~ployany such teacher or othcr

employee in thc discharge of such funclion as the Srare
Government may think propcr and every such teacher or
othcr employee shall discharge those functions accordingly.

Ifanyquesrionariscsastowhetheranyteacherorotheremployee

was ernploycd day, wholly or mainly in comection with educational institution before rhe nppointcd day, [he question shall bc referred, within a period

to two years from the i~ppointedday, lo the State Governmenr which shall
aiLer giving ri reasonable opportunity of being heard to the person concel-ned
in Ihe milller dccidc it in such manner as i t thinks fit and such decision shall
be final.

(3) Notwithstanding anyrhing contained in the payment of Gratuity Act,

1972 or in any othcr law for lhe time being i n force, the transfer of the scrviccs of any teacher or other employee under sub-section (1) shall not cnt i tle
any such teacher or othcr employee to any compensation-or gratuity under
those Acts or such other law, and no such claim shall be entertained in any
court. rribunal or other authority.

LatestLaws.com
LatestLaws.com

10. (1) Whei-e a provident, supeinannuation,welhre or other fund has Provident fund,
bee11established by an educational instilulion for thc bcncfi t of h e persons S U P C ~ ~ ~ ~
ivclF~rcrund tic.
en~ployetlby it, thc moneys relateable LO [heemployccs --

(i)

whose scrvices are 1ransrerr4zdby or undcr tl~isAcl, Lo the

Statc Governmenr, or

(ii)

who are i n rcceipt of pensioll or othcr pcnsion:lry bellefit

ilnmcdintely befure the appointed day shall D L Iof~ the
money standing, on rhal day, to the credil of such plhovi-

~ ~ ' ~ O "

dent, superannuation, wcl fal-cor other fund sland trans[erred LO an11 vzstcd in, thc St;l te Government frec rrom any
[rust that may hi~vcbeen consrituted by thc cducatianal
institution in respec1 thereof.
(2) The moneys which stand trilnsrerred in sub-section ( I ) , to thc
Slate Governnlenr shall bc dealt with by the Stale Govcrnmcnt i l l such manner as may be prescribed.

(3) The Stale Governmcn t shall, as so01121s]nay be after the educalional ins~itu~ion
beconlcs vcstcd in it. cous~i~ure,
in respecr of moucys and
other assets which arc transferrer1 lo, anrl vesled i n it, undcr this section, one
or mol-c funds l~a\lillgobjecls as similar to thc objccts of the exislins trusr, as
i n thc circumsti~ncesmay be practicable, so, however, rhat rhe I-ighls ant1
inrerests or the benefici;l~-yof tllc trust teferl-ecl to in sub-section !I ) arc not,
in any way, prejudiced 01.dc~l~i[~isherl.
Wl~el-2all moneys and other assets belonging to an exisling trusl
arc t~~nsfc~.t-cd
to, and vzs~edin h e Slate Govc~-nlnc~lt
under this section, [he
trustccs of such ~ruslshall, as i1.ot11the datc of such [rust shiill, ;is ff.om [he
d;itc of such vesting, stand clischru-gcdrro~nthe trust excepc as inespeclsthings
done ol.omilted lo be donc bcforc thc kite u l s11chvesiillg.

(4)

CHAPTER V
Miscellaneous
I 1. Thc pl-ovisions of this Acr shall have effect notwithstanding any thing Eflcctol'Aclon
inconsistent therewith conlained in any olher law for t l ~ etime being inlorce othcrlnws.
01-in ally it ~ s t n ~ m c n
hnving
~ s effecr by virtue of any law other than [his Act,
ol- in any dccrse o r order- of any court, tribunal or olher iuithorily.

LatestLaws.com

Duly todelivcr 12, (1) Where any propelry appnrraining lo any cducationnl inslilulions
pnssessiontlf has bcetl transfcn-ed lo, and vesled in, [he S [ate Government undcr this Act properlics ctc.

(a)

every person in whose possession, cuslody or control any

such properly may be, shall, on demand by the Statc
Govcrnrnent deliver the property to the State Governnlcnt
forthwilh.

(b) any pcrson who, immediately before such vcsting has, in

his possession, custody or control, any books, documents
or olherp:~persrclating to the educational instirutions, shall
be liable to account Tor the said books, documents and
pnpersto the Stale Govcrnmen r and deliver them upto the
Stale Govcrnmenl or to such pcrson as the State Govern111ent may authorise in lhis bcl~illf.
(2) Without prejudice to othcr provisions con~aincdin this section,
i t shall bc lawful for the Stale Government to take all necessary steps for
taking possession of all properties, which have been delivered ro and veskd
in it under this Act.
Conlracts
13. 1
Everycontri~cten~eredintobyancducationalinstitutionPorany
loconlinuc
service, sale or supply, and in forcc immediately beiore thc appointed day,
unless
stlall, unless tcrminaled undcr sub-section (2), within u period of two years
'ermina'cd
from the appoinled day continue ro bc of full forcc and effeci against or in
by Slate
favour of the S~ateGovernment.
Cdvernnlenl.

(2) The State Govern~nencmay, if it is of opinion that any contracr

rcferred to in sub-secrion(1) is unduly onrous or has been entered into i n bad
faith or is detrimental to he inrerest of the Government, by order writing,
either te~minatesuch contract or make such alternations or modifications
therein as it may think f i r :
Provided tl~althe Statc Government shall not terminate any contract or
may make alternations or modifications thcrein except after giving lo the
parries to rhe contract i1 remonablc opporruniry of being heard and cxcept
after recording in writing, its reasons for such termination, alternation, or
modifica~ions,as the case may be.
14.

Any person \vho (a)

having in his possession, custody or control, any property

forming part of any educational institurion wrongfully withholds such property from the Statc Government,

LatestLaws.com

(b)

wran~fiillyobhins possession of, or I-ctains,any propcrty

t'ortili~igparr of my educatinnnl i~~stiturions
: or

(u)

wil fully wih-hoicls or fails to furnish to the Stare Govertlmcnt of any person specified by the Statc Govcrnlnen~any
books, docu~~icnts
or other papers relating to any cducational institution which ti-ray be in his possession, custody
or con 1roI ; or

(d)

fails lo deliver lo Lhe Statc Govcr~itncntany assels. books

of nccouilt, regisLers or othcr docunicnts in his possession,
custody or convol relaling LO a n y cducational i~istitution; or

(e)

wrongfully uses any property Forming par1 of any educational inscitulion : or

y rclnoves or tlest~.oys;my propcrty for~ning part

(I-) wt-ongf~~ll
of any educational insti t u ~ i o n ,
shitll b r putiishable with imprisonment for ;l ccrm which may exrenci to two
ycars or with which may cxtend ro lis. 3,OOOI- or with both.
15. ( 1 )
Whei-t:an ofrencc uudct-tl~isAct, has been col~lnlittcdhy an edu- orruntps by
cnrional institution. every person, who a t the lime [he orfence was com~nit- ed'lcaliunal
tcd, as in charge, o f and was responsible to, thc cducntional ins~irutionfor i~atilutinn.
thc conducr of the business of [lit cducalional ins~itution,as wcll as the edrlcntional instirulion, shall be decn~cdto be guilry of Ihe offence and shall be
liable to hc proceeded agninsl and punishcd accordingly :

P~.uvidzdthat nnthilig conlained in this sub-scction shall render :my

such pzrson 1i;tblz lo ;uny pu~~ishnlcnl,
i f he proves that the offence was cummittcd without his k[~owledgenr that he had exercised all duc diligence ro
prevent thc cot~~mission
o i such offcncc.
(2) Notwithstandinp any hing contained i n sub-sec~ion( I ), where
any offence under this Act, has been ctl~nmiltedby a n cducntional instilulion
;IIIII ii is prnoved that thc ot'fcnce has been cominittcd with the consent 01.
connivance, o r , or is attributable ro any neglect on thc part of, any reacher;
clnployee or- other officcr of rhe educational institution, such teacher, employee or other officer sl~allbe deemed to be guilty o f that offence and shall
bc liable lo be proceeded against and punislled ;~ccordi~~gly.

LatestLaws.com

Prrllcctinn

uf aclinn
Iilken in
good I'ailh.

Cognizance
or ol'fenccs.

16. N o suil, pl-oseculion or othcl- legal proceeding sh;ill lie ngainsr thc Statc
Govcrnrl~entor any of i ts ufficcrs or other cn~ploycesTor ilnylhir~gwhich is in
gnod fait11 (lonc or inlendsd to be done undcr dlis Act.

anylhing con tnined in thc Code of Criminal Proce17. Notwi~hs~nndi~~g

dure, 1973. no caul-r shall tnkc cognizance o f any orfence against. this Act
except ou 3 cu~nplaiiit,ill writing, nlndc b y the Slate Government ur itny
officcr aulho~~ised
i n chis behi~llby ~ t Gailern~nen
~ c
t.

IS. Evel-y officer of rhe Slatc Government shall be indemni ticd by tlic Stntc
Go\lcrnmcnt aguinsl all losscs and expenscs in CHI-retl
by h i m , or in I-elatiou
to, the d i s c h n r ~ eof his duties il~ldcrthis Act, except such as hiive beell caused
hy his own wilf~ll;tct or delrlull.
19. 1F riny rliificulty ariscs in giving effect to the provisions of this Act thc
Stiire C;ovei.nmcnc may, by order, not inconsisten1 with the provisions of t h i s
Act renlovc thc difficully :

Provided that no such order sllall bc made after [he expiry of a two
years Prom thc ilppointed day.

The Srarc Gclvcl-nment may, by noti Fici~tion.make rules lo carry

out or {he purposes of this Act.
20.

( 1)

In parricular and without prejudice to tllc _~cner;lllityor the Coregoing puwer, such rules may provide For a11 or any of the following matters,
nanlcl y :
(3)

(a)

the tcrms atld cor~ditionso r ~ h servicc

e
of persons employed
:

i n 111ccducotional institurion

(b)

any other ~nalterwhich may be or-requiinedLO be prescribed,

( 3 ) Every rulc made by the Governn~entunder chis Act shall be laid,

aller ic is made, beforc thc State Legislative Assembly while it is in scssinn
for a total period of thirty d;~ys,which may be comprised i n one session or in

LatestLaws.com

two or more successive sessio~~s

and if befbi-eh e expiry of the session immcdii~lelyfollowing the session or succcssi ve sessions ;aaforesaid thc Le~islalive
Assembly makc any modification in rlle [ulc by way of amendment
01. repeal, the tulc shall ~hel-earlel-have effect only in such modified f m n or be of
no eifecl, as the casc may be so, however, that any such modilicalion 01. rcpeal
shall be without prejudice to thc vnlidi ty of any hing prcviousl y done under thnt
n~le.

SCHEDULE
[Sec Section 2 (b) ]
N;unc of the Educational Insriturions -

I.

Riunthnkur College, Agarlala.

2.

RarnkinishnaMahavidyalaya, Kailashahai..

3.

Belonia Collcgc, Belonia.

'[4

Katlamacn High Schnal and its arrached PI-imarySchool, Simna,

Tripura.
Hindi Higher Secondal-ySchool and its attachcd PIYInary School,
Kunjaban Road, Abhaynagnl-, Agarlala, Tripura.

Santirbazar High School, Santirbazar, Belonia, Tripuri~.

Inserted by Alnenclment Act, 1984 vide Govt , or Tripura, Law
Department No. F. 1(3)-LAW/LEG/86 dated 1-3-86.

Inserted by Sccond amend men^ Act, 1986 vidc Govt, of Tripura,

Law Departn~cntNo. F. 1 (2)-LAW/LAEG/87da tcd 28-3-87.

LatestLaws.com

LIST OF AMENDMENTS

1.

The 7'1~ipura
Educational I~lsti[u~ions
(Acquisition of Right, Ti tlc and Inlerest)
(Amendment) Act, 1984, w.e.f. 24. I. 1986.

2.

The Tripura Educational Institurions (Acquisition of Right, Title and Inlel-cst)

(Second Amendment) Act, 1986, w.e. F. 4.3.1937.

LatestLaws.com