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State of Telangana - Section

Section 77 in Telangana Education Act, 1982

77. Transfer of control and management of schools to Abhyudaya Pradhamika Vidya Samstha.

(1)Notwithstanding anything in the [Telangana] [Adapted in G.O.Ms.No.9, PR & RD (Mandal) Department, dated 12.09.2014 and replaced by Act No.5 of 2018.] Panchayat Raj Act, 1994, the [Telangana] [Adapted in G.O.Ms.No.142, MA & UD (F2) Department, dated 29.10.2015.] Municipalities Act, 1965 or the rules made thereunder or any other law for the time being in force relating to control and management of schools, the Government may, with effect on, and from such date as may be notified, transfer, with the, prior consent of the local authority concerned, the control and management of any primary school, established or maintained and administered by the Government or any panchayat samithi or the municipality, to the, Abhyudaya Pradhamika Vidya Samstha; and from the date so notified, it shall be open to the Abhyudaya Pradhamika Vidya Samstha to control and manage the said school; and all the properties and assets of the local authority pertaining to and intended to be used for such school shall stand transferred to, and vest in, the Abhyudaya Pradhamika Vidya Samstha free from all encumbrances.
(2)Notwithstanding any contract or agreement or any law for the time being in force, every teacher or other person employed in the said school immediately before the date on which the control and management thereof is transferred to the Abhyudaya Pradhamika Vidya Samstha shall, as from the said date, be deemed to be an employee of the said Samstha and shall hold office on the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held under the said local authority until his remuneration and terms and conditions of service are duly altered by the said Samstha:Provided that every such employee shall, within a period of three months or such period beyond three months as may be specified by the said Samstha, from the date of transfer of the control and management of the said school, exercise his option either to be retrenched from the service on receipt of such retrenchment benefits as may be prescribed or to be absorbed in the service of the said Samstha with effect from the said date and shall be governed by the terms and conditions governing the said service which shall not be less favourable than those applicable to such employee prior, to the said date.