So if you may be as rich as Mukesh Ambani
but unless some benevolent person has started a school under a charitable trust
there is no chance that you get your child educated. No matter how high the
fees are or how good the facilities are; all schools in India are by law
required to be run under “charitable trust” or section 25 company (which means
its not for profit). These charitable trust cannot make profit and whatever
surplus they have has to be reinvested in the objectives of the trust.
It doesn’t matter how much fees the school
charges or the facilities it provides. The school may be in a congested city
area or it can be far in a remote village. Wherever it is the formation of the
entity has to be “not for profit”. There is a small except though- in the state
of Haryana alone there is no such requirement. The schools there can be for
profit and run by companies / individuals / partnerships. There are a few high
end schools which have world class facilities which are based in Gurgaon.
Such entities are exempt from Income Tax
provided that it spends all of the surplus earned in the same year (or the very
next) there is no income tax to be paid. The Income tax authorities are
debating why a school which serves to the rich should be exempt from income
tax. An international board with all AC classrooms caters to Bollywood starts
in Mumbai which charges Rs. 10 lakhs per annum. So should it be given tax exemption?
However any such move will be
unconstitutional and will take a long time to be implemented.
Is it good to have such a law in India?
Both. Good because education is a difficult
to measure service and unless its heavily regulated there can be a major
cheating. Parents are unable to judge what is proper for their child and may
get brainwashed with a lot of advertisements.
A counter argument that it is bad to run
school “not for profit” is that it keeps investments low. Any investor would
want to invest in a place where he can get return of money and income. If you
donate money to a trust, there is no returning back. The money is gone for
ever. This leads to shortage of good schools in the long run.
I don’t know what the right answer to this
problem is. But one thing we all know for sure is that making a good school
requires a lot of money and without attracting crores of investment in this
sector we cannot provide high quality education to the masses.
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