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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.
_
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
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ilt3yl:_1:olu".tingthe-"?ii"sor1r,."pi#;_i;f",:.Xffi
ffiJil#ffi;
-I-^ll
to
.Ii^^r-
f n iitt tunder
eTrIsTld-iq_!
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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.
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(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 ' ,
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.
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VIRFr{ttil:r, SRITET{uT \Y
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
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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.