telangana act 022 of 1988 : Private Educational Institutions Grant-in-Aid (Regulation) Act, 1988

Private Educational Institutions Grant-in-Aid (Regulation) Act, 1988

TELANGANA ACT 022 OF 1988
01 June, 2016

Section 1. Short title, application and commencement

(1) This Act may be called the 2Telangana Private Educational Institutions Grant-In-Aid (Regulation) Act, 1988.

(2) It shall apply to all private educational institutions in the State.

(3) It shall be deemed to have come into force on the 22nd July, 1985.

Section 2. Definitions

The words and expressions used in this Act, shall have the meaning respectively assigned to them in the 3Telangana Education Act, 1982 (Act 1 of 1982).

Section 3. Regulation of grant-in-aid to private educational institution

(1) Notwithstanding anything contained in G.O.Ms. No. 238, Education (SSE) Department, dated the 27th May, 1986 and G.O.Ms. No. 424, Education (CE) Department, dated the 19th September, 1985,

(a) no private educational institution other than a college established after the 1st April, 1977 and existing on the 1st September, 1985 and no private college established after the 1st April, 1977 and existing on the 1st March, 1985 shall be entitled to receive any grant-in-aid 4[unless the committee concerned constituted in G.O. Rt. No. 220, Education (SSE-I) Department, dated the 24th February, 1988 as modified in G.O. Rt. No. 124, Education (SSE-i) Department, dated the 27th January, 1989 and the Government Memo. No. 245/SSE-I/89-1, Education Department, dated the 9th February, 1989] recommends that it may be admitted to grant-in-aid; and

(b) no private educational institution other than a College which has been established after the 1st September, 1985 and no private college which has been established after the 1st March, 1985 shall be entitled to receive any grant-in-aid.

(2) A private educational institution referred to in clause (a) of sub-section (1) in favour of which the Committee recommends the release of grant-in-aid shall be entitled to such grant only from the date it satisfies all the conditions for admission to grant-in-aid specified in 5the Telangana Education Act, 1982 and the rules made thereunder the grants-in-aid Code and the orders and other instructions issued by the Government from time to time in this behalf.

Section 4. Release of grant-in-aid in respect of certain additional sections and posts

Notwithstanding anything contained in G.O.Ms. No. 344, Education (SSE) Department, dated the 22nd July, 1985, no school admitted to grant-in-aid prior to the 1st April, 1977 shall be entitled to receive any grant-in-aid with respect to any additional sections opened or posts created after the 1st April, 1977 6[unless the committee concerned constituted in G.O. Rt. No. 220, Education (SSE-I) Department, dated the 24th February, 1988 as modified in G.O. Rt. No. 124, Education (SSE-I) Department, dated the 27th January, 1989 and the Government Memo. No. 245/SSE-I/89-1, dated the 9th February, 1989] recommends the release of grant-in-aid in respect of such additional sections and posts.

Section 5. Recovery of grant-in-aid in certain cases

7[Where the committee concerned constituted in G.O. Rt. No. 220, Education (SSE-I) Department, dated the 24th February, 1988 as modified in G.O. Rt. No. 124, Education (SSE-I) Department, dated the 27th January, 1989 and the Government Memo. No. 245/SSE-I/89-1, Education Department, dated the 9th February, 1989] is of the opinion that an educational institution has received grant-in-aid without satisfying the conditions for such grant, the Government may, by order direct the educational institution to refund the grant received by it within such time either in one lumpsum or in such number of instalments as may be specified in the order, failing which it shall be competent for the Government to recover the grant-in-aid in the same manner as an arrear of land revenue:

Provided that no order under this section shall be made unless the management of the concerned educational institution has had an opportunity of making a representation.

Section 6. Act to override other laws, etc.

6. Act to override other laws, etc. The provisions of this Act, shall have effect notwithstanding anything contained in any other law for the time being in force or any judgement, decree or order of any Court, or other authority or any authority or any order to the contrary.

Section 7. Validation

Notwithstanding any Government Order, any Judgement, decree or order of any Court or other authority, no private educational institution other than a college established after the 1st April, 1977 and existing on the 1st September, 1985 and no private college established after the 1st April, 1977 and existing on the 1st March, 1985 shall be entitled to claim or receive any grant-in-aid except as provided for in this Act and accordingly.

(a) no suit or other proceeding shall be maintained or continued in any Court against the Government or any person or authority whatsoever for the payment of any grant-in-aid; and

(b) no Court shall enforce any decree or order directing the payment of any grant-in-aid except to the extent provided by this Act.

Section 8. Repeal of Ordinance 11 of 1988

The Andhra Pradesh Private Educational Institutions Grant-in-aid (Regulation) Ordinance, 1988 is hereby repealed.

1. The Andhra Pradesh Private Educational Institutions Grant-In-Aid (Regulation) Act, 1988 received the assent of the Governor on the 28th August, 1988. The said Act in force in the combined State, as on 02.06.2014 has been adapted to the State of Telangana under section 101 of the Andhra Pradesh Re-organisation Act, 2014 (Central Act 6 of 2014) vide, the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms. No. 45, Law (F) Department, dated 01.06.2016.

2. Substituted by G.O.Ms. No. 45, Law (F) Department, dated 01.06.2016.

3. Adapted by G.O.Ms. No. 15, Higher Education (HE) Department, dated 23.04.2015.

4. Substituted by Act No. 23 of 1989.

5. Adapted by G.O.Ms. No. 15, Higher Education (HE) Department, dated 23.04.2015.

6. Substituted by Act No. 23 of 1989.

7. Substituted by Act No. 23 of 1989.