Sei sulla pagina 1di 14

RNI No.

MAFIENG/2009/35528
Reg. No. MHA{R/S olut}l.-34412014- I 6

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In pursuanceof clause (3) of article 348 of the Constitution of India. the follorving
translationin English ofthe Maharashtra EducationalInstitutjons (Regulationof Fee)Act,
2011(Mah. Act No. VII of 2014),is hereby publish.edunder the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
H. B, PATEL,
Principal Secretaryto Government,
Law and Judiciary Department.

MAIIARASHTRAACT No.VII OF 20L4.


(First published, after having receivedthe assentof the President
in the "Ma,harashtraGouernmentGazette",on the 2Lst March 2014)'
An Act to provide for the regulation of collectionof fee by educational
institutions in the State of Maharashtra and for matters connected
therewith and incidental'rhereto.
WHEREAS the National Policy on E<iucationenvisagesthat the
commercializationof educationa-ndprofiteoring by iire educational
institutions should be curbed ;
AND WHEREAS the State Go.,'ernmentdesiresthat steps shouid be
taken to prevent the commercializationof educationthrough profi.teering
by the educationai institutions ;
AND WHEREAS the practice of charging exorbitant fees by the
educational institutions is on increase in the State ;
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AND WHEREASwith aview to effectivelycurb this undesirablepractice


and commercializationof educationwhich result in frustration among
meritorious and ind.igentstudents and to maintain excellencein the
stand.ardof education,it is expedientin the public interest to legulate
collection of fee by the educational institutions in the State of
Maharashtra and to provide .for matters connected therer'r'ith and
incidentaithereto;it is herebyenactedin ihe Sixty-second Year of tire
I Republicof India as follows :-
c
ar
CHAPTERI
Fnprntnarlv
Short title, L. (1) This Act may be called the Maharashtra Educational
extent and Institutions (Regulationof Fee) Act,20t7.
commence-
ment. (2) lLextendsto the whole oithe State,gfMaharashtra.
(3) It sha1lcomeinto force on such date as the State Governrnent
Da),',by notificatioir in the Offieial Gazette,appoint.
Definitions. 2. In this Act, unless the context otheru'ise requir€S,-
' .ic
fu) " acade -vear " neans the year specified b-vthe Government
or, a.s the case may be, aa5r Board or Council to which respee*ive'--
, school is affiliated;
(b) " aided school " means a school receiving an;'kind of recurring
grant or assistance in monetar;.' or non-rnonetarl- fcrn. fioln
the Gorrernment or the concerneC authority for defraying its
'
expenditure ;
(c) " appointed cate - 6g2ns the cate appointed by the State
Government under sub-secbion(3) of section 1 ;
(d) " Divisional Fee Regulatory Committee'-'means the Divisional
Fee Regulatory committee constituied under section 7 ;
(e) " Deputy Director " means the Deput-v Direetor of Education or
any equivaient officer designated as such by the State Government,
working under the Direcror of Education (Primary), Director of
Education (Secondarl-and Higher Secondary) , or Deputy Director of
an5r other Directorate of the state Government, entrusted with the
task of superrrisicn of the educational institutions imparting any kind
of education in the State ;
(fl " Diploma in Teachers Education College " means a training
college for diploma in teachers education approved by the National
Council for Teachers Education ;
( g ) " Director " means the Director of Education or any equivalelt
officlr designated as such by the State Government and includes the
Director of Education (Primary), Director of Education (Secondary
C) and lligher Second.ary), or Diiector of any other Director.ate of the
State Government, entrusted with the task of superwision of the
JA
A.\
LI educational institutions imparting any kind of education in the State ;
W TIRFI{Frq:t, €rfiEIRnrenr sTr6,m* ?R,QoqxAF,IFT{
io, wh qqiq
( h ) " EducationarDivision " means
an EducationalDivision notified
as suchby the state Government,by notification
in theofficial Gazette:
( i ) " elementaryeducation" means
the educationfrom first class
to eighth class;
(j ) " Executive committee " means
the Executive committee of
the Parent-TeachersAssociation;
(k) " fee" meansthe amount, fixed
as a fee under sections5 and 6
and includes,-
(l) Tuition fee ;
(ll) 1'".* fee, which shall not
exceed one month tuition fee ner
term;
(iii) Yi6rury fee and deposit
;
(iu) Laboratoryfee and deposit
;
(u) Gyrnkhanafee;
(ui) Caution money , f
;
(ull) P;3-ination fee ;
(ulll) Hostel fee and Mess charges;
, (ix) Admissionfee:
Expl'anation.- where the student is admitted
into the school
havingthe facilityto undertake education
ienth standard
or any standard berowit, the student shalril;il not be required to pay
the admissionfee onceagain ;
(r) deposit as security amount or
payabie for any
curricular or co-ctrricurar item as may _amount
be prescrited ;
\* (/) " Government " means the state
Government or the centrar
Government, as the casemay be ;
(m) " Governmentschool"means a
schoolestabiished,or,vnedor
maintained by the Governmentor a local
( n ) " localauth orrty"rl€ans,- ""th";;;;"
Mah. V (l) in relation to educationarinstitution
ai 1962. managed by a zitta
Paris lt ad, t]'e zitta p aris had, constituted under
tnJ u.nurashtra
Zilia Parishadsand panchayatSamitis Act, 1g61
;
Bom. (ll) in relation to educationar institution
III of manag:edby the
I888. {tuniginat Corforafgr, F9 Municipal Corporatior,.orr.tit..rtedunder
Bom. the Mumbai Municipal corporat'ion Aci, the
LIX of Bombay provincial
1949. Municipal corporations Act, rg4g,or as the case
may be, the ciiy
C.P. and of Nagpur CorporationAct, Ig4g;
Berar II
of (iii) in relation to educationar
1950.
institution managedby the
Municipai Councii, Nagar panchayaf or, as
the case may be,
Mah. Industrial Township,the Municipal c,,."it,w"i", panchayator
]L of Industrial rownship constituteaunde, the Mahar'aJira
r9 6 5 .
councils,Nagar panchayatsand Industrial Townships Municipal
Act, 1g65;
(iu) any other authority treated
as rocar authority under any
other law ;
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( o ) " management "means,-


the
(i) in the case of a school managed' by the Govern:nent'
Government;
(ij)inthecaseofschoolmanaged'byalocalauthority,tlrelocai
authoritY;
(iii)inanyothercase'manaq}ngcgmmitteeorthegoverning'
the affairsof the
b"in, fn *fiui""", "u-e called,oisciool^towhich entrustedto aiy
schoolur" *irr.ted and,wheresuchaffairs are
p e rso n ,b ywhatever nam eor d' esignationcalled' inciu des s uc h
person;
(p)..minorit.ved.ucation.alinstitution''meanstheGovernment
minority havhg
approvedinstit riio' established.a'd ad.ministeredby constitution of
of the
right to do .o ,rrau" clause (l) oi article 30
India ) . -
(q),,Parent-TeachersAssociation"ntea4s-theParent-Teachers
Associationconstitutedunder section4 ;
(r)..pre.primaryschool,,meansaNrrrsery,JuniorKind.erC.rflftn,
education upto
Senior Kindei Grrten level or any school impartine"s to 6
pre-primary ;;;;i G.,el for chii"dren having ug" 3'ears.by
in the prescibed
rvhatever name called and of anJ -"aio- attached
manner to tn" but does not indude a crec'he; '
".nool,
(s).prescribed,mean'gpreseribedbythenrlesmademdert]ris
Act;
pr i v ate * -
(t) " p ri v ate educatior r alir r stitution"neans any
minority educational
managementincluding the,managements th:
EducationCollege;
institution r**ittg tft. .-Ato1or Dii'1orfldin Teachers
(u ),,p ro fiteer ing,,neansanyaftountacceptedincashol kas i nd'
is lo of the fee fixed or approved
directiy mait".iili*ftich ""."..
",
per the Provisions of this Ast;
(u).RevisionCommittec'mctnstheRevisionCommittee
constituted under sestion 11 ;
( u ) " rules " means the rules made under this Act; a
school
(x) " school" means a pre-primary school,-ptiPSp.school'
impartingelementryeducation,'"to"d'ttYschool'higJrersecondary
schoolor junior ..ii;g;;;enitLa-uv the bovero-"-ot and managed
or foreign courseor
by any managem""t"t"a udhuttd to any Indlal
Board, whether *r-d"d,un-aided or permanently un-
"t;;4|Jd,
aid.ed,including th;;;it;;it"n by the minoritv educational institution
instructions only'
but d,oesnot include a schoolimparting religious
CHAPTERII
pnonBrroN on cor-l,ocTroN oFExcESsFep ANDDersF,rmiaTIOX OrFsn
any fee in excessof
Prohibitionof 3. No schoolitself or on its behalf shall collect
collectionof the fee fixed or approved under this Act'
excessfees.
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4. (1) (a) Ever}r private school sharl constitute
the parent-Teachers P a r e n t -
Assgciation.
Tcachers
(b) The Parent-Teachers Association Association
shalr be formed by the head o1
the schoolwithin tlrifly-dere_ftqmthe befrfrn
eachers AssoElSfio" u"a u" "or*
ffi6i ato, tnd rrr-ooa +rx?^h+
n1
#s1+*rupees !*unty - --:-- T: ""' collected
Irom
FomGaTE-EeE-lei A J ^^i.+;^- '
qrrchAssociation.
each member of such ".

_
i:1"3"i"f:::*:.:-:ll*, falent Teachers Associ arion, for giving
;",e^|:'r"#.?r"::1v^f
a rotr
lot or
ofTFffiTfline l=*11dta^lgtteryshalluecona,,cteirya,i,*r"E
rne wrllrng parents of eachstandard to constitute
iire bxecutivE
' lommittee and notice of one week.before
re suchTdTTAitstratl-be
such'T6TT.;;;"-n-;rr
rt siven
;-,^- +^
to
the membersof the parent_TeachersAssociation.
{2) (a) The Executive Committee shall consist
of,_
(l) Chairperson
. . Princioal or Head Master
(ll; Y1."-ahairperson
One f?om amongst the parents
' (iii)
Secretary One from amongst the teachers
(lu) Two Joint Secretaries
Both from amongst parents.
(u) Member
One parent and one teacher
frcm ever5'Standard.
(b) cut of the total members in
the Executive committee, there
shall be at least o-g-e
gu'n.pe{.tgm-the scheduledcastes, the scheduled
rribes or Backfr#a cus;;i;i;"". ;;;;*r"d
prescribedand at least fiftv per cent.of in the manner
the -"-tur. shail be women.
(c) The list of membersofthe Executive
committee sharlbe disprayed
on the notice boardwithin a period of fifteen
dry. i;;; formation of the
Executive Committeeand copythereof shall
fo.tfr*itt be foru,ardedto
the concernedEducation Odclr.
(d) The term of the Executive committee
of the parent_Teachers
Associationshall be for one academicyear
and no member of the
Executivecommittee shali be eligiblero, a.u*rrr;;;;
the period ofthree years sincethe iormation by lottery u,ithin
ofthe"Executivecomrnittee :
Providedthat, the provisionsof sub_clauses (l), (iii) ilfi(u) of clause
(a) aboveregardingconditionofthree
years ror."i".tion ofteacher
member shall not apply to the schoolhaving
teachers.
(e) The Executive committee shair ""f:rii"
meet at reast once in a three
months. The procedureto be fo'owea ro. cond;il;;"
Executivecommittee sha'be suchas may meeting of the
be prescribed.
Association
shallhavea generalmeetingat
:? 3: i:*-i:':t:Ir
l:*:1.."^",.:^_o:1"_.,.,_to:15thAugu.r"i;;";;;;;.ff"";*#;;:.:;';J
#;
ilt3yl:_1:olu".tingthe-"?ii"sor1r,."pi#;_i;f",:.Xffi
ffiJil#ffi;
-I-^ll

to
.Ii^^r-

f n iitt tunder
eTrIsTld-iq_!
'-'l^-
^_

+L:^ A r -- l
this Act aad as -"5: b" prescribed.
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Regulationof
5. It shail be competent
fees in for the Governmentto
G o v e r nm e n t the Government.chools reg".rlatethe fee in
schoolsand manner as ";J;;#l.hoor..
ma-vbe determined d;i;;;ail be fixecrin the
aidedschools. by the Gorrernment.

*:tij'::'i,:J u' management


-\t),Jhe
permanently gf t_heprir.ateun-aidedschoors
un-aided un-aided *vlrvvro
schoolsDard'lr
shall be iolr
ue competent
and
schoolsand such schools. to propose the fees in
permanently
run-aided
sc h o o l s .

(2) On the formation


of the Executive Comrni6se.
of the schooi shari submit the maaagement
the d"tuii. ;;Jp.opo_."4
triilf, tl[i;;'*;";;;;'1,,"a.,
il,:H:',TJi:ffxTi:*fi
fee along with the

j:ffi
,T"jl"1ffi liJ:iff
:.#:,.Tb;;ff#:T,#iitJi,i""
(3) After considering
g' the Executive all the relevant factorslaid
co*'iiit"e shaii roo""i""the dowr under section
thirb'da1'-s1a6* the date fee-.rr-ithin a period of
or."ceipt a"t"ils of the proposedfee
the record uader -'"u-t"ttion "ifir" and
(2) and .o--"ni.ate the details
so appro'ed ia *ri,'ng to of the fee
the *;";";riltrilr*rth.
fee so appro'ec b-t rh! The details of the
E-xec,::ir-e
noficeboard iarlarath' F ngri<h c;--ltl;e shall be disprayedon the
and if such schoolha.-s "rc;;;;".p".tit"
it_.own website, nedium of school,
arrd it shall be binding for it shai be di_cpia)-"ioo th"
two academicyears. same,
(4) rf the Executive
committee fails to decide
period specifiedin sub-section the fees within the
(3), th;;"r"g"ment
refer the matterto the oiriJ"#rffi'frfiratorv shalr immediateiy
decisionunder intimation
to the.ExecJi;;a;*-ittee
committee for its
as may be prescribed. in such manner
During th" p;;;"i.y
managementof schoolshall or the reference, the
ne at nnertivto*."J".t the
academicyear prus fifteen fee of the previous
per cent. increasein such
decisionof the DivisionaiFeu fee till the final
R"gulatory committee.
differencebetweenthe fees
decidedby the manasement
nfte
en
""ot1l"tl:he
f :;il#i
"i:'.:i::ffil
committee-uader."u-r".iion
(J) sha' ru ur"ai"g Tf:;#
"f:"{+..:ffi
and if the differenceis
mayprefer an appealto the
more.tlr?" qry;;
o", .."r.,
on the management
then management
Divisionale* n;*i atorycommittee,
a period of thirtv davsfrom within
th" date;?;;il:;-uaication
section(J) in such manrr". under sub_
u. may be prescribed:
provided that,
the Div
entertainsuchappe"r;;{r:",:*"rff
thirty days,ir it is satisn"a
that tie.e "T"#::'o11rr;Tf |H"T:I
,."'r"m.rent reason^s
preferring an appealor referen."*iiil., for not
,r_".
tI ' ,

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\ (6Xo) The Divisional Fee Regulatory committee shali decide the


appeal or referenceas far as possiblewithin the period of ninety days
frf,1nthe date of its {iling after giving the oppositeparty an opportunity
of beingheard.
(b) While deciding the appeal or reference' the Divisional Fee
Regulatory Committee shail not grant any stay to the fee proposedby
the managementor, asthe casemay be,the fee approvedby the Executive
Committee.
(c)'on decisionin appealor.reference,the Divisional FeeRegulatorSr
Committee may pass appropriate orders for refund of the excessfee to
the studentconcerned.In casethe managementfdilsto refund the excess
fee to such student, the Divisional Fee Regulatory Committee shall
proceedto recOversuch excessfee from the managementas arrears of'
iand revenue and pay the sameto such student'
(d) The decision of the Divisional Fee Regulator5r. pommittee in
appealor referenceshall be displayedon the noticeboard ,if tne concerned
.chooi, and if such schoolhas its own website,it shall be displaS'edon
the sameby the management.
(7) The managementor the Executivecommittee aggrievedby the
decision of the Divisional Fee Regulatory committee in appeal or
referenceilgy, within thirt-v da-vsfrom the date of such decision,prefer
an appeal before the Revisiop Committee in srich manner as may be
prescribed.
7. (1) The Governmentshall, bynotification in tlneofficial Gazette, C cristiiutron
cf Dirisionai
constitute a Divisional Fee Reg:ulatorycommittee for eachEducational F e e
Division. Reguiatcrv
Cornmittee.
(2) The Divisional Fee Regulatory Committee shall consist of the
following members, namelY :-
(a) Aretired DistrictJudge, nominatedby Chairperson'
the Government in consultation with the
High Court.
(b) Divisional chairman of the Maharashtra state Member.
Board of Secondaryand Higher Secondary
Education.
(c)ACharteredAccountantorCostandWorksMember.
Accountant
(d) Retired Head of central Board of school Member'
Education or Indian Certificate of Secondary
Education or any other Board
not connecteddirectly or indirectly with any
educational institution' or retired officer not
below the rank of Joint Director of
Education of the Government'
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rTTrIslr6, qr* ?q, ?o?y/qililrr ?", vr*'qqRq
(e) RegionaiDeputy Director of Education Ex officio
Member -
Secreiary.
{3) Every appointment of a member under clauses (c) and (d.) of
sub-section(2) shall be made by the State Government on the
recommendationof the SelectionCommittee.
(4) T];'estate Government shall constitute a selection committee
for the Divisional Fee Regul atory committee consisting of the f"li";i;;,
namelv:-
(o) Chairperson o{the Revision Committee. Chairperson.
(b) The Secretary-in charge of the Member'
Law and Judicidry Department.
(c) The Secretaryin chargeof the School Member:
EducationDepartment.
- Providedthat, where the chair.persoJof the Revisioncommittee is,
by reasonof absenceor othen-rise,unable to agbasa chairperson of the
seiection comnrittee, the chairperson acting as such unde?the proviso
to sub-section(2)of section11 shall act as a-Chuirp"rson.
Term of 8. (t) The t€rm of of5ce of the chairperson and rnembers of the
oflice of Divisicnal Fee Reguldoryc,ommittee
Chairperson shall be for a period of three ).ears
and other
from the date oftheirnominsinmdince.se of vacl.ncy arising
membersof for any reason, such vacanc5rdEil be fiIled for the remainder "urli".,oi
D i v i s i o n a l the term.
lericd
Fee
Regulatory (2) The chairperson and the membersofthe Divisional FeeReguiatory
^
C o m m i t t e e . Committee shall not be eligible for re-appointment.

- !s) nr9 chairperson or a membermay resign from the offrcein writing


addressedto the G"overnmentand on such resignation being accepted]
his office shali becomevacant,and may be fiiled in urithin i penoa oi
three mc,nthsfrom the date of occurrenceof rracancy.

. ^,(4)-Thechairperson or a memberof the committee shall be removed.,


if he doesany act which, in ihe opinion of the Government,is unbecoming
of a member or chairperson ofsuch committee. The chairpersorl o" i
member so removed shali not be eligible for re-appointment on such
Committee:
Providedthat, no chairperson or member shall be removedfrom the
Djvisional Fee_ Regrilatorycommittee without giving him an opportunity
ofbeing hearC.
(5) The salaries and allowancesto be paid to the chairperson and
t1 membersof the Divisional Fee Regulatory committee shalfbe such as
ma;rbe prescribed
(6) A person-qhalibe disquaiified f.orappointment asthe Chairperson

I or member of the Divisional FeeRegulatory Committee,if suchp"iuo.l,_


(o) has been convicted and senienced to imprisonment for an
offence which, in the opinion of the Governmeit" involves moral
turpitude ;or
qw vrnFr r.tcrmr,€{qplrwr r{FT3{16,qr{
?q, Roqx/EIFIT ?o, pr*. qSQq
(6) is an undischarged
insolvent ; or
,", is of unsound mind and stands
so declared b;, a competent
o, court ;
(d) has been removed
or dismissed from the
service of the
bo<lv '*J'"te owned-o'
*,'t.olled by the
ff;.-.Tf;ti ;; "
(e) has' in the opinion
of the Ggygrlment,
such financial or other
p'"; ;h;'
illT::l3:fJnli:i iil' "ar"i'ut iil.i,
u.gu byhim.r;i;
(fl has such other
disqualifications as may
be prescribed; or
postoris in anywayconnected
withany
"r$)u;:f;|tlflffil"XTce,
*"n*#rlff beconsidered
whitedeciding
the Facrors
f["#t:"?*:t :1* ror
(o) the rocationof the determinarion
schoor; ,t
(6) ttre infrastructure
made ava'abre to the students
qualitative education,the ru"i-riuu. for the
prospectusor web_siteof provided and astentioned
the schooi; in the
.
(c) the educationalstandard
ofthe schooras the state
ate Government
or the competentauthoritSz;;t;;"..ribe
;
(d) the expenditureon
administration and maintenance;
(e) the excessfund generated
from non--residentIndians, as a part
of charity by the management
a'd contribution by the Government
for providins free-shrf, in
f;. ;; f".;;h;;lr#r".rrrder
Gove'nment schemesgirrun various
to the schoorr* t-r."Tirredured
the scheduredrribes uiavi*"nilonraoci castes,
Nomaai. ir,ou. students
(fl qualified teaching ;
and non-teaching staff as per
their salary components; the norms and
(g) reasonabieamount
for year\rsalary incremenrs;
(l) expenditureincur:red
on the studentsover totar income
thereaso"u'","rpr;;;, of the
:;l;:lfft. quatitativ"au,r"roporent
ofthe
(l) any other factor
as may be prescribed.
(2) T e Dirisional Fee
Regu^lator;z Committee shall indicate the
different headsunder *f,i.t
ttru fee shall be levied.
(3) Every private school
preferring an appeal before
FeeReguiatory committle.irrr pru.Efi;l5ff of decision
the Divisional
it-snoticeboard,andif such;.h;^h;.#Jb"*,ii, in appealon
onits web_site.
l0- (1) The powers and functions of
committee shar the Divisional Fee Reguratory
*:"*""1" Powersand
managementand the th;
i" !parent-Teacher. arrp'"t" between the schooi functionsof
charged by the school-;;;_ent a..liiron regarding fee to be D i v i s i o n aF
l ee
from the students. ReguIator.v
Committee.
ITFT3T|a.-3q_?37
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(2) The Divisional Fee Regulatory Committee may authorise any


officer not below the rank of the Education Officer or the Education
Inspector to enter an5reducational institute or any premises belonging
to the management of such school, if the Divisional Fee Regulatory
Committee finds so necessary,and search, inspect and seize anyrecords,
accounts, registers or other documents belonging to such school or the
management in so far as such records, accounts, registers or other
documents are necessary and relevant to decide the issues before the
said Comrnittee. The provisions of the Code of Criminai Procedure,7973 2 of
relating to search and seizures shall app1y,so far as may be, to searches 1974
and seizures under this section.
(3) The Divisional Fee Regulatory Committee shall regulate its own
procedure, for the discharge of its functions, and sha1l,for the purpose
of making any inquiry under this Act, have all powers of a civil court
under the Code of Civil Procedure, 1908 while trying a suit, in respect of s or
the follorving matters, namely :- 1908
(l) the summoning and enforcing the-attendance of arry u'itness
!
and examining him on oath :
(il) the discovery a-ndproduction of any document;
(ill) the reception of er-idenceon affidavits ;
(lu) the issue of conrlision for the examination of the witness.
(4) No judicial oroer shall be oe-t<ecby:he Divisional Fee Regulatory
Commiftee in the absenceof *.heCha=per-.or. The o:'Cerof the Divisional
Fee Regulatory Committee shall be bindi-ng o:r:|e parties to the
proceedings before it for trr.o academic rvears.It shaii not be called in
question in any civil court except by rvay of an appeal before the Revision
Committee constituted under this Act.
(5) dt the time of resolving the dispute, the Divisional Fee Regulatory
Committee shall not grant any interim stay to the fee determined by
the school management. On decision in appeal or reference, the
Divisional Fee Regulatory Committee may pass appropriate orders for
refund ofthe excessfee to the student concerned. In casethe management
fails to refund the excess fee to such student, the Divisional Fee
RegUlatory Committee sha11proceed to recover such excess fee from
the management as an arrears of land revenue and pay the same to
such student.
(6) The Divisional Fee Regulatory Committee shall on determining
the fee leviable by a private school, communicate its decision to the
parties concerned.
(7) T]ne Divisional Fee Regulatory Committee shali indicate the
different heads under which the fee shall be levied.
(8) The orders passed by the Divisional Fee Regulatory Committee
shall be binding on the private school for two academic years. At the
end of the said period, the private school shal1 be at liberty to propose
changes in its fee structure by following the procedure as laid down
under this Act.
F6I{rg VIRFT
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11. (/) The State Governmentshall constitute a RevisionCommittee Constitution


in the State,by notificationin the official Gazette,u'hichshali consistof of Re-rision
the followingmembers,namely:- Corrmittee.

(o) A retired High Court Judge nominated by the Chairperson.


Government in consultation with the High
Court.
(b) Any retired personholding the post of Nfernber
Director of Education or equivalent post or
retired Head of the Central Board of School
Education or Indian Certi{icateof Secondar5r
Education or other such Boards.
(c) A CharteredAccountantor Costsand Works Member
Accountant.
(d) Joint Director of Education(Secondaryand Ex officio
Higher Secondary),Directorateof Education, . Member-
Maharashtra State,Pune Secretary.
(2) Fvery appointment of member under clauses(6) and (c) of sub-
section (/) shall be made by the State Government on the
recommendationof a SelectionCommittee consistingof the following,
namely:-
(o) Chairpersonof the RevisionCommittee. Chairperson.
.
(b) The Secretaryincharge of the Law Member.
and Judiciary Department.
(c) The Secretary,in chargeof the School Member :
Education Department.
Provided that, where the chairperson of the Revision committee is,
by reasonof absenceor otherwise,unable to act as Chairpersonof the
Revision Committee, the State Government may refer the ma-rter to
the High Court for nominating a retired High court Judge to Act as a
Chairperson.
12. (l) The provisionsof sub-section(6) of section6, section8 and Application
sub-sections(2) toQ) of section10 shall, mutatis mutandis. applvto the of certain
p r o v i s i o n sc f
RevisionCommittee.
Divisional
(2) The deci-sionof the Revision Committee shall be final and Fee
conclusiveand shall be binding on the parties for two academicyears. Regulatorv
Comrnittee
At the end of the said period, the private schoolmay be at liberty to to the
proposechangesin its fee structure by following the procedure as laid Revision
down in sechion6. Committee.

13. No suit, prosecutionor other legal proceedingssha1llie against P r o t e c t i o no f


the Chairpersonor member ofthe Divisional Fee Regulatory Committee action taken
in good fhith.
or the Revision committee or any offi.cerof it, for executing any ord.er
madeby it or in respectof anything which is in goodfaith doneor intended
to be done under this Act or under any rule or order made thereunder.
t? rT6Twq e{Trr
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CHAPTERIII
Rpcr,,r,,rrroN
or.Accourusaxn MermrENA_\cEor Rnconos
Regulation
of \4. The Governmentshall reguiate the maintenanceof accountsby
accotrnts
the private educationalinstitutionsin suchmanner asmay beprescribe4.
Maintennce 15. The private educationaiinstitutions shail maintain
of records' suchrecords
and in suchmanner as mav be prescribed.

CII{ruER N,'
Oppnmces.uxrPsxAlrms
and 16. (/) Whoever contravenes any of the pro'u-isionsof this Act or the
offences
penalties.
rules made thereunder shall, on conviction,-
(o) for the first offence,be punishable with the fine rvhich shall not
be less than one iakh rupees but which may extenC to fir,e lakh rgpees
or twice the amount taken in excess,ofthe fee as determined under
this Act, whichever is higher; , i
(b) for the second or subsequent offence, be punishable lvith the
fine which shall not be less than two laldr rupees but which may
extend to ten lakh rupees or twice ihe amount taken in excessof the
fee as deterrcined under this Act, r,vhichever is higher or w{th
imprisonment for a term which shall not be less than three months
but rn'hich ma5zextend to six months.
(2) The person convicted under this section shal1 lefund the excess
i
fee to the student from whom it was collected in contravention of I
I
this Act. I
I
(3) The person r,vhorepeatedly contravenes the provisions of this Act
or the rules made thereunder shall be ineligible for holding official post
in any management or school, as the case may be.
offences
bv 17. (/) Where an offence under this Act or rules made thereunder
management'is committed by a management, every person, who, at the time when
the offence was committed, was in charge of, and was responsible to, the
management for the conduct of the business of the management, as
well as the management, 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 sha1lrender any
person liable to any punishment, if he proves that the ofi'ence wal
committed without his knowledge or that he has taken due dilieence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), rnhere aly
offence under this Act or rules made thereunder has been committed by
a rnanagement and it is proved that the offence has been committed
with the consent or connivance of, or is attributed to any neglect on the
part of any office bearer or officer or servant of the management, such
office bearer, officer or servant concerned sha1l also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
W s{rrTsIT6,qrd' ?q, Qoqx/qlFtT 1", Vr*' qqiq
VIRFr{ttil:r, SRITET{uT \Y

2 of 18. (/) Notwithstanding anything contained in the Code of Criminal C o m p o u n d i n g


1974.pvlsedure, 7973, any offence punishable under section 16 may be of ofTences.
compounded by any officer as may be speciall5zauthorised by the
Government in this behalf, either before or after institution of the
proceeding for any offence punishable under this Act, by accepting from
any person charged rvith such offence by way of composition of the offence,
a sum not less than the amount of maximum fine and not more than
double the amount of the maximum fine for the offence punishable by or
under this Act :
Provided that, in the event of offence of charging cf excessive fee,
such sum shal1 not be less than double the amount of fee excessivelv
charged or five lakhs rupees, whichever is highe.r.
(2) Nothing in sub-seciion (1) shall appl-v to a person who commits
the same or similar offence within a period of two years from the date
on which the first offence committed by him was compounded.
(3) Where an offencehas been compoundedunder sub-qection(7), no
proceeding shali be taken against the accusedperson in'respect of the
same offence and an-u-proceeding if already taken shall stand abated and
the accused,if in custodSz,shali be discharged forihwith.
19. No Court shali take cogtizance of any offence punishable under Cognizance
this Act exceptwith the sanction of the Government or such officer, not of offences
below the rank of Deputy Director of Educaticn, as the Government
may authorise in this behalf.
2A. Ever-v offence under this Act shall be cogrrizable. Offenceto be
c o n g ni z a b l e .

CHAPTERV
Mrscarr,aLrsous
2L. The State Government may issue to an1,educational institution Porver to
such general or special directions, consistent rn'ith the pro'u-isionsof this rssue
d i rections
Aci and the rules made thereunder, as in its opinicn ale necessaty cr
expedient for carrying out the purposes of this Act or for giving effect to
an-o"of the provisions contained iherein or in any rules or orders made
ihereunder and tire m.anagement o{'the educational institution sha1i
complS'rr-ith everl- such direction.
22. (/) Tlhe State Government ma-v, b-vnctification in ttre Official Por^rerto
Gazette and subject to the condiiion of prer.ious publication, make rules make rules.
for carrying out all or an-v of the curposes of this Act.
(2) E',rery rule made under this Act shali be iaid, as soon as may be,
after it is made, before each House of the State Legislature, while it is
in session for a total period of thirtl' da1,-s,
rvhich may be comprised in
cne session or in two or more successive sessions, and if, before the
expiry of the session in which it is so laid or the session immediateiy
following, both the Houses agyee in mardng any modification in the rule
or bcth the Houses agree that the rule should not be made, and notify
lx F6rq VIRFT r{Trt0{16,qrd qt, ?olx/Er6T;T1", vt*^qq?q
lTn:r, W{|EIRTT

their d.ecisionto that effect in the Official Gazette,the rule shall, from
the date of publicationof suchdecisionintheOfficial Gazette,haveeffect
only in such modified form or be of no effect, as the case may be, so
however that, any such modification or annulment shall be without
prejudice to the validity of anybhing previously done or omitted ' ' ' to' be
done under that rule.
n
Actin additio 23. The provisions of this Act sha]l be in addition to, and not in
to and."oti1 derogation of, the provisions of any other Act for the time being in force.
derosation of
any oiher Act.

powerto 24. (l) If any dfficulty arisesin giving effectto any ofthe provisions
removeof this Act, the State Government may, as occasionarises, by an order
dirricurties'
published in the Official Gazette,do anything not inconsisient with the
provisionsof this Act, which appearsto it tobenecdss4ry-orexpedient
?orthe purpose of removing the-aimculty : 't l
' I
Provided that, no such order shall be made after the expiry of a period
of two years from the da'teof commencementof this Act.
(2) Every order made under sub-sechon(/) shall be laid, as soon as
may be after it is made, before each House of the State Legislature.

5
I

ON BEI{ALF OF GO\tsRNMENT PRINTING, STATIONERYAND PUBLICATION, PRINTED AND PUBLISHED BY SIIRI PARSI{T'RAM
JAcANNATI{ GOSAVI,PRINTEDAT COwnNl,,mNr CENTRALPRESS,21.A, NETAJI SUBIIASH ROAD,CIIARNI ROAD,MITMBAI 400 004
AjvD PUBLISHEDAT DIREC,ToRATEoF GOVERNMENTPRINfING, STATIONERYAND PIIBLICATION, 21,A, NETAJTSUBIIASH ROAD,
CIIARNI ROAI, ML'i\4BAl 400 004, EDITOR: SHRI PARSHURAMJAGANNATH GOSA\"I.

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