LexThe Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA EDUCATIONAL INSTITUTIONS (REGULATION
OF ADMISSION AND PROHIBITION OF CAPITATION FEE) ACT,
1983.
(ACT NO. 5 OF 1983)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, commencement and application.
2. Definitions.
3. Regulation of admission into educational
institutions.
4. Special provision in respect of unaided private
educational institutions.
5. Special provision in respect of minority educational
institutions.
6. Special provision in respect of Non-Resident Indian
Students.
7. Collection of capitation fee prohibited.
8. Manner of giving donations.
9. Regulation of fees.
10. Application of chapter XI of Act I of 1982.
11. Exemption.
12. Penalties.
13. Offences by companies.
14. Power to enter and inspect.
15. Act to overrule other laws.
16. Protection of acts done in good faith.
17. Amendment to the Act 1 of 1982.
2 [Act No. 5 of 1983]
18. Power to make rules.
19. Repeal of Ordinance 3 of 1983.
THE TELANGANA EDUCATIONAL INSTITUTIONS
(REGULATION OF ADMISSION AND PROHIBITION OF
CAPITATION FEE) ACT, 1983.1
ACT No. 5 OF 1983
1. (1) This Act may be called the 2Telangana Educational
Institutions (Regulation of Admission and Prohibition of
Capitation Fee) Act, 1983.
(2) It shall be deemed to have come into force on the
30th January, 1983.
(3) It shall apply to all educational institutions.
2. In this Act, unless the context otherwise requires,-
(a) „Backward Classes ‟ means any socially and
educationally Backward Classes of citizens recognised by
the Government for purposes of clause (4) of article 15 of
the Constitution of India;
(b) „capitation fee ‟ means any amount collected in
excess of the fee prescribed under section 7;
(c) „educational institution ‟ means a college, a school
imparting education upto and inclusive of tenth class or
other institution by whatever name called, whether managed
1.The Andhra Pradesh Educational Institutions (Regulation of Admission
and Prohibition of Capitation Fee) Act, 198 3 received the assent of the
Governor on the 6 th April, 1983. 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 Reorgnaisation Act, 2014
(Central Act 6 of 2014) vide. the Adaptation Order issued i n
G.O.Ms.No.25, Higher Educ ation (TE/A2) Department, dated
22.07.2015.
2. Adapted by G.O.Ms.No.25, Higher Education (TE/A2) Department,
dated 22.07.2015.
Short title,
commencement
and application.
Definitions.
2 [Act No. 5 of 1983]
by Government, private body, local authority or University
and carrying on the activity of imparting education therein,
whether technical or otherwise, and includes a polytechnic,
Industrial Training Institute and a Teachers Training Institute,
but does not include a Tutorial institution;
(d) „Government‟ means the State Government of
Telangana;
(e) „management‟ means the managing committ ee or
the governing body by whatever name called of an
educational institution to which the affairs of the said
institution are entrusted and where such affairs are
entrusted to any person whether called by the name of
Secretary, Correspondent or by any other name, include
also such person;
(f) „notification‟ means a notification published in the
3Telangana Gazette and the word „notified‟ shall be
construed accordingIy ;
(g) „prescribed‟ means prescribed by rules made by
the Government under this Act;
(h) „Scheduled Castes and Scheduled Tribes‟ shall
have the meanings respectively assigned to them in clause
(24) and clause (25) of article 366 of the Constitution of
India;
(i) all words and expressions used but not defined in
this Act shall have the meanings assigned to them in the
4Telangana Education Act, 1982.
3. Adapted by G.O.Ms.No.25, Higher Education (TE/A2) Department,
dated 22.07.2015.
4. Adapted by G.O.M s.No.15, Higher Education (TE) Department, dated
23.04.2015.
Act 1 of 1982.
[Act No.5 of 1983] 3
3. (1) 5[Subject to such rules ] as may be made in this
behalf, admission into educational institutions shall be made
either on the basis of the marks obtained in the qualifying
examination or on the basis of the rank ing assigned in the
entrance test conducted by such authorit y and in such
manner as may be prescribed ;
(1A) 6[XXX]
7[Provided that admission into Agriculture, Dental,
Engineering, Medical, Pharmacy and Veterinary Colleges
shall be made on the basis of ranking assigned by giving
weightage to the marks secured in the relevant group
subjects namely, Biology, Physic s, Chemistry or
Mathematics, Physics, Chemistry, as the case may be, in
the I ntermediate Public Examination or equivalent
examination and weightage to the marks secured in the
common entrance test as may be prescribed.]
(2) The admission into educational institutions under
5[sub-section (1)] shall be subject to such rules as may be
made by the Government in regard to reservation of seats to
the members belonging to Scheduled Castes, Scheduled
Tribes and Backward Classes 8[and other categories of
students as may be notified by the Government in this
behalf] and the Andhra Pradesh Educational Institutions
(Regulation of Admission) Order, 1974.
9[(3) Notwithstanding anything in sub -sections (1) and
(2), it shall be lawful for the Government, to admit students
belonging to other States on reciprocal basis and the
nominees of the Government of India, into Medical and
5. Substituted by Act No. 11 of 1985.
6. Omitted by Act No.11 of 1985.
7. Substituted by Act No. 17 of 2009.
8. Inserted by Act No. 1 of 1984.
9. Added by Act No. 1 of 1984.
Regulation of
admission into
educational
institutions.
4 [Act No. 5 of 1983]
Engineering Colleges in accordance with such rules as may
be prescribed:
Provided that admission of students into the Regional
Engineering College, Warangal to the extent of one -half of
the total number of sea ts shall be in accordance with the
guidelines issued by the Government of India, from time to
time.]
10[3A. Notwithstanding anything contained in section 3 but
subject to such rules as may be made in this behalf and the
Andhra Pradesh Educational Institutions (Regulation of
Admission) order, 1974, it shall be lawful for the
management of any unaided private engineering college,
medical college, dental college and such other class of
unaided educational institutions, as may be notified b y the
Government in this behalf to admit students into such
colleges or educational inst itutions, to the extent of one half
of the total number of seats from among those who h ave
qualified in the common ent rance test or in the qualifying
examination, as th e case may be, referred to in sub -section
(1) of section 3 irrespective of the ranking assigned to them
in such test or examination and nothing contained in section
5 shall apply to such admissions.]
4. (1) Notwithstanding anything in section 3 it shall be
lawful for any minority educational institution to admit
students belonging to the concerned minority whether
based on religion or language, on the basis of the marks
obtained by them in the qualifying examination or as the
case may be, on the basis of the ranking assigned to them
in the entrance test conducted in the prescribed manner.
(2) Where any minority educational institution intends
to admit students not belonging to the concerned minority,
10. Inserted by Act No. 12 of 1992.
Special provision
in respect of
unaided private
educational
institutions.
Special provision
in respect of
minority
educational
institutions.
[Act No.5 of 1983] 5
such admission shall be only on the basis of the marks
obtained in the qualifying examination or as the case may
be, on the basis of the ranki ng assigned in the entrance test
conducted in the prescribed manner.
11[4A. (1) Notwithstanding anything in this Act it shall be
lawful for the Government to admit students belonging to
foreign countries and non -resident Indian students into a
Medical College established for the purpose in accordance
with such rules, as may be prescribed on payment of such
sum as may be notified by the Government in this behalf.
(2) There shall be constituted a fund called “Medical
Education Fund ” into which shall be credited the sums
received under sub -section (1). The said Fund shall be
operated by a Committee consisting of such number of
persons and in such manner as may be prescribed.
(3) All mon eys belonging to the said Fund shall be
deposited in such bank or treasury or be invested in such
securities in accordance with such guideline s as may be
issued by the Gover nment in this behalf and shall be
applied and expended for the improve ment of the said
college and the development of the Medical Educational
facilities and such other related purposes as may be
prescribed.
Explanation:- For the purposes of this section, „„non
resident Indian student ‟‟ means a student of Indian origin
residing in any country outside India.]
5. The collection of any capitation fee by any educational
institution or by any person who is incharge of or is
responsible for the management of the institution is hereby
prohibited.
11. Inserted by Act No. 3 of 1984.
Special provision
in respect of Non-
Resident Indian
Students.
Collection of
capitation fee
prohibited.
6 [Act No. 5 of 1983]
6. (1) Any donation of money to any educational
institution, shall be made only in such manner as may be
prescribed and not otherwise.
(2) All moneys received by any educational institution
by way of voluntary donations shall be deposited in the
account of the institution, in any Scheduled Bank and shall
be applied and expended for the improvement of the
institution and the development of the educational facilities
and for such other related purposes as may be prescribed.
7. (1) It shall be competent for the Government by
notification, to regulate the tuition fee or any other fee that
may be levied and collected by any educational institution in
respect of each class of students.
(2) No educational institution shall collect any fees in
excess of the fee notified under sub-section (1).
(3) Every educational institution shall issue an official
receipt for the fee collected by it.
8. Where the Gov ernment are of opinion that the
management of an educational institution has contravened
the provisions of this Act, it shall be competent for them to
take ove r the management of such institution for a period
not exceeding five years applying in so far as may be, the
provisions of Chapter XI of the 12Telangana Education Act,
1982.
13[8A. Nothing in this Act shall apply to the following
educational institutions,-
(a) Food Craft Institution, Hyderabad;
12. Adapted by G.O.Ms.No.15, Higher Education (TE) Department,
dated 23.04.2015.
13. Inserted by Act No.2 of 1984.
Manner of giving
donations.
Regulation of
fees.
Application of
chapter XI of Act I
of 1982.
Exemption.
[Act No.5 of 1983] 7
(b) Regional and other training centres fina nced by the
Government of India.]
9. Whoever contravenes the provisions of this Act or the
rules made thereunder shall on conviction be punishable
with im prisonment for a term which shal l not be less than
three years but which shall not exceed seven years and with
fine which may extend to five thousand rupees. Where the
conviction is for an offence under section 5 or section 6, the
institution shall refund the money so collected to the party
from whom it was collected.
10. (1) Where an offence against any of the provisions of
this Act or any rule made thereunder has been committed
by a company every person, who at the time the offence
was committed was incharge of, and was responsible to, the
company for the conduct of business of the company, as
well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained, in this sub -section
shall render any such person liable to any punishment , if he
proves that the offence was committed without his
knowledge or that he had exercised all due deligence to
prevent the commission of such offence.
(2) Notwithstanding anything in sub -section (1) where
any such offence has been committed by a company and it
is proved that the offence has been committed with the
consent or connivance of, or is attributab le to any neg lect
on the part of any director, manager, secretary or other
officer shall be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished
accordingly.
Explanation:- For the purpose of this section,-
Penalties.
Offences by
companies.
8 [Act No. 5 of 1983]
(a) „company‟ means any body corporate and includes
a firm, a society or other association of individuals, and
(b) „director‟ in relation to,-
(i) a firm, means a partner in the firm;
(ii) a society or other association of individuals means
the person who is entrusted, under the rules of these society
or other association, with management of the affairs of the
society or other association, as the case may be.
11. (1) Any officer not below the rank of a Gazetted Officer
authorised by the Government in this behalf may enter at
any time during the normal working hours of an educational
institution or any premises of such institution and to search
and inspect any record, register or other document re lating
to such institution and to seize any such record, register or
other document for the purpose of ascertaining whether
there is or has been any contraven tion of the provisions of
this Act.
(2) In order to secure proper and effecting utilisation of
the finances or resources or other assets of any educational
institution at the commencement of this Act, it shall be
competent for the Government to invoke the provisions of
sub-section (1) and ascertain such finances, resources and
assets of an institution and after such ascertainment to give
such directions to the management as they deem fit.
12. The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in
any other law for the time being in force.
13. No suit, prosecution or other legal proceeding shall be
instituted against the Government or any officer, authority or
person empowered to exercise the powers or perform the
Power to enter
and inspect.
Act to overrule
other laws.
Protection of acts
done in good
faith.
[Act No.5 of 1983] 9
functions by or under this Act for any thing which is in good
faith done or intend ed to be done under this Act or under
the rules or orders made thereunder.
14. In the Telangana Education Act, 1982,-
(i) section 44 shall be omitted ;
(ii) in section 99, in sub-section (1), in clause ( a), the
words “and after previous publication”, shall be omitted.
15. (1) The Government may, by notification, make rules
for carrying out all or any of the purposes of this Act.
(2) Every rule made under this section shall
immediately after it is made be laid before each House of
the State Legislature if it is in session and if it is not in
session, in the session immediately following for a total
period of fourteen days which may be comprised in one
session, or in two successive sessions and if before the
expiration of the session in which it is so laid or the session
immediately following, both Houses agree in making any
modification in the ru le or in the annulment of the rule, t he
rule shall from the date on which the modification or
annulment is notified, have effect only in such modified form
or shall stand annulled, as the case may be , so however,
that any such modification or annulment shall be without
prejudice to the validi ty of anything previously done under
that rule.
16. The Andhra Pradesh Educational I nstitutions
(Regulation of Admission and Prohibition of Capitation Fee)
Ordinance, 1983 is hereby repealed.
* * *
Amendment to the
Act 1 of 1982.
Power to make
rules.
Repeal of
Ordinance 3 of
1983.