The Tripura Education Institutions(Acquisition of Rights,Title And Interest) Act,1980

TRIPURA EDUCATION INSTITUTIONS (ACQUISITION OF RIGHT, 
TITLE AND INTEREST) ACT, 1980 
 
An Act to provide in the public interest for the acquisition and transfer of the right, title and interest of certain 
educational institutions in Tripura, with a view to s ecure better and efficient management thereof and for matters 
connected therewith and incidental thereto 
Be it enacted by the Legislative Assembly of Tripura in the Thirty-first year of Republic of India as follows: 
CHAPTER I 
1.   Short title and commencem ent—(1)  This Act may be called  the Tripura Education Institutions (Acquisition 
of Right, Title and Interest) Act, 1980. 
(2)   It shall come into force at once. 
2.   Definitions—In this Act unless the context otherwise requires— 
(a)   “appointed day” in r elation to an educational institution means such day as the State Government may, by 
notification in the Official Gazette, appoint for such institutions; 
(b)   “educational institution” means the educational institutions specified in the Schedule appended to this Act; 
(c)   “Government” means the Government of Tripura; 
(d)   “Head of Educational Institution” means the Principal/Headmaster or any other Principal Academic Officer of 
an Institution by whatever name he may be called; 
(e)   “other employee” means an employee of the educational institution who is not a teacher; 
(/)   “prescribed” means prescribed under the rules made under the Act; 
(g) “teacher” means a member of the teaching staff of the educational institution and includes a principal, Vice 
Principal, Headmaster or Assistant Headmaster; 
(h)   “Schedule” means the Schedule appended to this Act. 
CHAPTER II 
VESTING OF EDUCATIONAL INSTITUTIONS 
3.   Transfer and vesting in the State Government of the educations institutions—(1) On the appointed day, the 
right, title and interest of the educational institutions shall, by virtue of this Act, stand transferred to and vested in 
the State Government. 
(2)  Any person or authority responsible for the management and the  control of the affairs of such education al 
institutions immediately before the appointed day shall cease to exercise such management and control over the 
educational institutions and shall be deemed to have vacated their office and the Government shall on and from the 
appointed day, manage contr ol and administer the educational institutions in the same manner like other 
Government educational institutions of the same nature. 
4.   General effect of vesting— (1)  The educational institutions referred to in Section 3 shall be deemed to include 
all assets, rights, powers authorities and privileges and all properties, movable and immovable cash balance, reserve 
funds, books debts, investments and all other rights and interests in, or arising out of, such property as were 
immediately before the appointed day, in the ownership possession power or control of the educational institutions, 
and all books of accounts, registers records and all other documents of whatever nature relating  thereto „and  shall 
be  deemed   to  include  all borrowings,  liabilitie s (including the liability for the payment of any pension and other 
pensioner benefits to the persons employed to such educational institutions) and obligations of whatever kind than 
subsisting of the educational institutions. 
(2)   Unless otherwise expres sly provided by this Act, all deeds bonds, agreements power of attorney grant of legal 
representation and other instruments of whatever nature subsisting or having effect immediately before the 
appointed day, and to which any educational institution is a p arty or which any educational institution shall be of 
fuel force and effect against or in favour of the State Government had been a party thereto or as if they had been 
issued in favour of the State Government. 
(3)   If on the appointed day, any suit appea l or other proceeding of whatever nature in relation to any of the 
educational institution which have been transferred to, and vested in the State Government under Section 3 is 
pending by or against any educational institution, the same shall not abate or be discontinued or be in any way 
prejudiced or be affected by reason of the transfer of the educational institution or of anything contained in this Act, 
but the suit, appeal or other proceedings may be continued, prosecuted and enforced by or against the State 
Government. 
5.   Special provision as to ascertain right and interest held by educational institution before the appointed 
day— (1)  Every right or interest in respect of any property (including a right under any lease or under any right of 
tenancy o r any right under any arrangement to secure any premises for any purpose) which any educational 
institution held immediately before the appointed day, shall notwithstanding anything contained in any other law or 
in any agreement or instruments relating to such right or interest vest in and be held by the State Government on and 
after the appointed day on the same terms and conditions on which the education would have held as if this Act had 
not been passed. 
(2) On the expiry of the terms of any lease, tenancy or agreement referred to in sub-section (1), such lease or tenancy 
or agreement shall if so desired by the State Government, be renewed or continued so far as may be on the same 
terms and conditions on which the lease or tenancy or agreement was originally granted or entered into. 
6.  Removal of doubts— For the removal of doubts it is hereby declared that the provisions of Sections 3, 4 and 5 
shall apply to the extent to whi ch any property appertains to the educational institutions and the right and  powers 
acquired and to deeds liabilities and obligations incurred and to contracts, agreements and other instruments made 
by the educational institution and to the legal proceedings, relating to those matters pending in any Court or 
Tribunal. 
(2) If any questi on arises as to whether any property appertains, immediately before the appointed day to any 
educational institution, or whether any rights powers, deeds liabilities or obligations were acquired or incurred or 
any contract, agreement or other instrument wa s made by any educational institution for the purposes of 
management and administration or whether any document relates to those purposes or whether the provisions of 
Section 7 apply in relation to any property, the question shall be referred to the State Government which shall after 
giving a reasonable opportunity of being heard to the person interested in the matter, decide it in such manner as it 
may think fit. 
7.   Educational  institution   administered  by  the  minority  not  to  be acquired—No school, college, or other 
educational institution established and administered by the minorities whether based on religion or language shall be 
acquired by the State Government under this Act and nothing in this Act shall apply to such school, college or other 
educational institution. 
CHAPTER III 
PAYMENT OF AMOUNT 
8.   Payment  of  amount  to  the   educational  institutions —(1)   For  the  transfer to and vesting in the State 
Government under Section 3 of the right title and interest of the educational instituti ons, there shall be paid by the 
State Government an aggregate amount not exceeding Rs. 60,000 as may be determined by the State Government to 
the owner or group of owners or authority of each educational institution: 
Provided that in determining the amount  under this sub -section the properties whether movable or immovable, 
acquired by the educational institution, either by way of gift or with the help of donations from any person, 
institution or authority shall be excluded. 
(2) Whether any owner, group of owners or authority received grants from the Government for acquiring assets both 
movable and immovable of any educational institution then— 
(a)   where the amount of grant is equal to or in excess of the amount determined by the State Government under 
sub-section (1), such owner group of owners or authority shall not be entitled to any comp ensation under that sub-
section; 
(b)   where the amount of grant is less than the amount determined under sub -section (1), such owner group of 
owners or authority shall be entitled to an amount which falls short of the amount determined under sub-section (1). 
CHAPTER IV 
PROVISIONS RELATING TO EMPLOYEES 
9.   Transfer  of  service  of  existing  employees  of  educational institutions—(1)   Every  teacher and every 
other emp loyee of educational institution who was immediately before the appointed day, employed by the 
educational institution shall on the appointed day, become a teacher or other  employee as the case may be, of the 
State Government in which the right, title and interest of the educational institutions have vested under this act and 
shall hold office or service under the State Government on the same terms and conditions and with the same right to 
pension gratuity and other matters as would have been admissible to him if there had been no such vesting and shall 
continue to do so unless and until his employment under the State Government is duly terminated after giving notice 
of three months or the salary for three months in lieu thereof or until his remuneration and  condition of service are 
duly altered by the State Government: 
Provided that every such teacher or other employee shall within a period of six months or such further period 
beyond six months as may be fixed by the State Government, from the appointed day,  exercise his option either to 
be retrenched from service or to be absorbed in the service of the Government on such terms and conditions as may 
be offered to him by the State Government: 
Provided further that when any teacher or other employee has been absorbed in the service of the Government under 
the first proviso then— 
(i) any service rendered by any such teacher or other employee immediately before the appointed day shall be 
deemed to be service rendered in connection with the affairs of the State; 
(if) the State Government may employ any such teacher or other employee in the discharge of such function as the 
State Government may think proper and every such teacher or other employee shall discharge those functions 
accordingly. 
(2)   If any question ari ses as to whether any teacher or other employee was employed wholly or mainly in 
connection with educational institution before the appointed day, the question shall be referee within a period of two 
years from the appointed day, to the State Government, w hich shall after giving a reasonable opportunity of being 
heard to the person concerned in the matter, decide it in such manner as it thinks fit and such decision shall be final. 
(3)   Notwithstanding anything contained in the Payment of Gratuity Act, 1972 or in any other law for the time being 
in force, the transfer of the service of any teacher or other employee under sub -section (1) shall not entitle any such 
teacher or other employee to any compensation or gratuity under those Acts or such other law, an d no such claim 
shall be entertained in any Court, Tribunal or other authority. 
10. Provident Fund, Superannuation, Welfare Fund, etc. —(1) Where a provident superannuation welfare or 
other fund has been established by an educational institution for the ben efit of the persons employed by it, the 
moneys relatable to the employees— 
(i) whose services are transferred by or under this act to the State Government, or 
(ii)  who   are   in   receipt   of  pension   or   other   pensionary   benefit immediately before the appointed day,  
shall, out of the money standing on that day to the credit of such provident  superannuation welfare or other fund 
stand transferred to and vested in, the State Government free from any trust that may have been constituted by the 
educational institution in respect thereof         
(2)  The moneys which stand transferred in sub -section (1) to the State Government shall be dealt with by the State 
Government in such m be prescribed. 
(3)   The State Government shall, as soon as may be, afte r the educational institution becomes vested in it, 
constitute, in respect of moneys and other assets which are transferred to and vested in it under this section, one or 
more funds having objects  as similar  to  the  objects  of the existing trust,  as  in  the circumstances may be 
practicable, so however, that the rights and interests of the beneficiary of the trust referred to in sub -section (1) are 
not in any way, prejudiced or diminished. 
(4)   Where all moneys and other assets belonging to an existin g trust are transferred to, and vested in the State 
Government under this section, the trustees of such trust shall, as from the date of such vesting stand discharged 
from the trust except as respects things done or omitted to be done before the date of such vesting. 
CHAPTER V 
MISCELLANEOUS 
11.   Effect of Act on other laws —The provisions of this Act shall have effect notwithstanding anything 
inconsistent therewith contained in any other law for the time being in force or in any instruments having effect by  
virtue of any law other than this act, or in any other decree or order of any Court, Tribunal or other authority. 
12.   Duty   to   deliver   possession   of   properties   etc. —(1)   Where   any property appertaining to any 
educational institutions has been transferred to, and vested in the State Government under this Act,— 
(i) every person in whose possession custody or control any such property may be, shall on demand by the State 
Government deliver the property to the State Government forthwith; 
(ii)  any person who, immedi ately before such vesting has, in his possession custody or control any books 
documents or other papers relating to the educational institution shall be liable to the accounts for the said books, 
documents and papers to the State Government and shall deliver them up to the State Government or such person as 
the State Government authorise in this behalf.  
(2)  Without prejudice to other provisions contained in this section it shall be lawful for the State Government to 
take all necessary steps for taking possession of all properties which have been delivered to and vested in it under 
this Act. 
13.   Contracts to continue unless terminated by the State Government —(1) Every contact entered into by an 
educational institution for any service , sale or supply, and in force immediately before the appointed day, shall, 
unless terminated under sub-section (2) within a period of two years from the appointed day continue to be in full 
force and effect against or in favour of the State Government. 
(2) The State Government may if it is of opinion that any contract referred to in sub-section (1) is unduly onerous or 
has been entered into in bad faith or is detrimental to the interest of the Government by order in writing, either  
terminate such contract or make such alteration or notifications therein as it may think fit: 
Provided that the State Government shall not terminate any contract or may make alterations or modifications 
therein except after giving to the parties to the contract a reasonable oppor tunity of being heard and except after 
recording in writing its reasons for such termination alteration or modifications as the case may be. 
14.   Penalty—Any person who— 
(a)   having in his possession custody, or control any property forming part of any e ducational institution, 
wrongfully withholds such property from the State Government, 
(b)   wrongfully obtains possession of, or retains any property forming part of any educational institution, or 
(c)   wilfully withholds or fails to furnish to the State Government or any person specified by the State Government 
any books, documents or other papers relating to any educational institution which may be in his possession custody 
or control; or 
(d)   fails to deliver to the State Government any assets, books o f account register or other documents in his 
possession custody or control relating to any educational institution ; or 
(e)   wrongfully uses any property forming part of any educational institution; or 
(f)   wrongfully removes or destroys any property forming part of any educational institution, 
shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to 
Rs. 5,000 or with both. 
15.   Offences by educational institution —(1) Where an offence under this Act,  has been committed by an 
educational institution, every person, who at the time the offence was committed, as in charge of, and was 
responsible to, the educational  institution  for  the conduct  of  the  business  of  the  educational institution, as wel l 
as the educational institution, shall be deemed to be guilty of the offence and shall be liable to be proceeded a gainst 
and punished accordingly: 
Provided that nothing contained in this sub -section shall render any such person liable to any punishment, i f he 
proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent 
the commission of such offence. 
(2) Notwithstanding anything contained in sub -section (1), where any offence under this Act, has, been co mmitted 
by an educational institution and it is proved that the offence has been committee with the consent or connivance of, 
or is attributable to, any neglect on the part of, any teacher, employee or other officer of the educational institution, 
such tea cher employee or other officer shall be deemed to be guilty of that offence and shall be liable to be 
proceeded against and punished accordingly. 
16.   Protection of action taken in good faith —No suit, prosecution or other legal proceeding shall lie agains t the 
State Government or any of its officers or other employees for anything which is in good faith done or intended to 
be done under this Act. 
17.   Cognizance of offences —Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no 
Court shall take cognizance in any offence against this Act except on a complaint, in writing made by the State 
Government or by any officer authorised in this behalf by the Government. 
18.   Indemnity —Every   officer   of   the   State   Government   shall   be indemnified by the State Government 
against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Act, except 
such as have been caused by his own willful act or default. 
19.   Power to remove difficulties —If any difficulties arise in giving effect to the provisions of this Act the State 
Government may, by order not inconsistent with the provisions of this Act remove the difficulty: 
Provided that no such order shall be made after the expiry of two years from the appointed day. 
20.  Power to make rules—(1)  The State Government may, by notification make rules to carry out the purposes of 
this Act. 
(2)   In particular and without prejudice to the generality o: the foregoing power, such rules may provide for al l or 
any of the following matters, namely: 
(a)   the terms and conditions of the service of persons employed in the educational institution : 
(b)   any other matter which may be or required to be prescribed. 
(3)   Every rule made by the Government under th is Act shall be laid after it is made, before the State Legislative 
Assembly while it is in session for a total period of third days, which may be comprised in one session or in two or 
more successive sessions and if before the expiry of the session immedi ately following the session or successive 
sessions as aforesaid the Legislative Assembly make any modification in the rule by way of amendment or repeal, 
the rule shall thereafter have effect only in such modified form or be of no effect, as the case may b e, so however, 
that any such modification or repeal shall be without prejudice to the validity of anything previously done under that 
rule. 
SCHEDULE 
[See Section 2(b)] 
Name of the Educational Institutions 
1.   Ramthakur College, Agartala. 
2.   Ramkrishna Mahavidhayala, Kailashahar. 
3.   Belonia College, Belonia. 
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