Chapter X Chapter X

Prohibition of transfer of properties by aided educational institutions

In this Chapter,

1. (a) “manager” means the owner, trustee or other person who has power to transfer any land or building belonging to an educational institution and includes a local authority;
2. (b) “transfer” includes sale, exchange, mortgage charge, lease or gift.

1. (1) Where before or after the commencement of this Act,—
   • (a) any land or building has been acquired constructed, improved or altered for the purposes of any educational institution, with the aid of any grant made from the State funds; or
   • (b) any land or building has been transferred by the Government for use for the purposes of any educational institution, then, notwithstanding anything to the contrary in any other law for the time being in force or in any deed of transfer or other document relating to the land or building, it shall not be transferred without permission of the Government under sub-section (2); nor shall the land or building be used for any purpose other than the purposes of the educational institution or purposes ancillary thereto, without the permission of the Government.
2. (2) The Government may, by order in writing permit the transfer of any such land or building subject to such conditions as they may impose, if—
   • (i) the transfer is made in furtherance of the purposes of the educational institution or of ancillary purposes approved by the Government, and the proceeds of such transfer are to be wholly utilised in furtherance of the said purposes;
   • (ii) the transfer is made only in part in furtherance of the purposes aforesaid, provided repayment is made to the Government of such portion as the Government may direct in the circumstances of the case, of the grant referred to in clause
   • (a) of sub-section
3. (1) or of the current market value of the land or building referred to in clause
   • (b) of sub-section
4. (1) or of both, as the case may be;
   • (iii) the transfer is made for any other valid reason, provided repayment is made to the Government in full of the grant referred to in clause
   • (a) of sub-section (1), or of the current market value of the land or building referred to in clause
   • (b) of sub-section
5. (1) or of both, as the case may be.
6. (3) Any transfer of land or building made without obtaining the permission of the Government under sub-section
7. (2) shall be null and void.

Where, in any case, the Government, after giving the manager of the educational institution concerned an opportunity to make his representation in regard to the matter, are satisfied that the provisions of sub-section

1. (1) of section 53 have been contravened in respect of any land or building, they may, by order,—
   • (a) if the land or the land together with the building standing thereon belonged to the Government and was transferred by them for the purposes of the educational institution, direct the Collector to take possession of the land or land together with the building standing thereon, as the case may be, or at their option, direct the manager to pay to them in full, the current market value of the land or of the land together with that of the building where it was also transferred by them and also the amount of the grant, if any, made by the Government for improving the land or altering or constructing the building;
   • (b) if the land or the building, if any, standing thereon does not belong to the Government, direct the manager to repay in full the grant made by the Government.

1. (1) Every order passed by the Government under sub-section
2. (2) of section 53 or section 54 shall, subject to the provisions of sub-sections
3. (2) and (3), be final.
4. (2) The manager of the institution in respect of which such an order is passed, not being a local authority, may on the ground that the amount repayable or payable by or to him has been wrongly fixed in the order, apply within sixty days from the date on which the order is received by him to the District Judge having jurisdiction over the area in which the property in question is situated for fixing such amount correctly in accordance with the provisions of sub-section
5. (2) of section 53 or section 54, as the case may be.
6. (3) The District Judge shall determine the amount which is properly repayable or payable by or to the manager in accordance with the provisions of sub-section
7. (2) of section 53 or section 54, as the case may be, and such determination shall be final.

1. (1) When, in pursuance of an order under section 54, the Collector takes possession of any land or building by himself or through another, it shall vest absolutely in the Government free from all encumbrances.
2. (2) If the Collector or any person authorised by him in this behalf is opposed or impeded in taking possession of any land or building under this Chapter he shall, if he is a Magistrate, enforce the surrender of such land or building to himself; and, if he is not a Magistrate, he shall apply to a Magistrate and such Magistrate shall enforce the surrender of the land or building to the Collector.
3. (3) Whoever opposes or impedes the Collector or any person authorised by him in taking possession of any land or building under this Chapter shall be punished with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.

Any sum required to be repaid or paid to the Government in pursuance of section 53 or section 54 or section 55 may, without prejudice to any mode of recovery provided in any other law for the time being in force, be recovered from the properties of the institution or from the manager thereof as if it were an arrear of land revenue due from such educational institution or manager.

1. (1) No land or building referred to in sub-section
2. (1) of section 53 shall be liable to be attached, sold, or made subject to a charge by any Court whether in execution of a decree or order or otherwise, unless the person seeking such relief from the Court has obtained the permission of the Government to do so and files such permission in the Court.
3. (2) When granting such permission, the Government may impose such conditions as they deem fit.
4. (3) If any such land or building is attached or sold, or a charge is created thereon by any Court without the permission of the Government having been obtained and filed as aforesaid or if any condition imposed by them when granting such permission is contravened, then the attachment, sale or charge, as the case may be, shall be null and void.