RNI No. MAHENG/2009/35528

Reg. No. MH/MR/South-344/2014-16

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In pursuance of clause (3) of article 348 of the Constitution of India, the following
translation in English of the Maharashtra Educational Institutions (Regulation of Fee) Act,
2011 (Mah. Act No. VII of 2014), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

H. B. PATEL,

Principal Secretary to Government,
Law and Judiciary Department.

———————

MAHARASHTRA ACT  No. VII OF  2014.

(First published, after having received the assent of the President

in the “Maharashtra Government Gazette”, on the 21st March 2014).

An Act to provide for the regulation of collection of fee by educational
institutions in the State of Maharashtra and for matters connected
therewith and incidental thereto.

WHEREAS  the  National  Policy  on  Education  envisages  that  the
commercialization  of  education  and  profiteering  by  the  educational
institutions should be curbed ;

AND WHEREAS the State Government desires that steps should be
taken to prevent the commercialization of education through profiteering
by the educational institutions ;

AND  WHEREAS  the  practice  of  charging  exorbitant  fees  by  the

educational institutions is on increase in the State ;

¦ÉÉMÉ +É`ö------31-1

(1)

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AND WHEREAS with a view to effectively curb this undesirable practice
and commercialization of education which result in frustration among
meritorious  and  indigent  students  and  to  maintain  excellence  in  the
standard of education, it is expedient in the public interest to regulate
collection  of  fee  by  the  educational  institutions  in  the  State  of
Maharashtra  and  to  provide  for  matters  connected  therewith  and
incidental thereto; it is hereby enacted in the Sixty-second Year of the
Republic of India as follows :—

CHAPTER I

PRELIMINARY

Short  title,
extent  and
commence-
ment.

1.

(1) This  Act  may  be  called  the  Maharashtra  Educational

Institutions (Regulation of Fee) Act, 2011.

(2) It extends to the whole of the State of Maharashtra.

 (3) It shall come into force on such date as the State Government

may, by notification in the Official Gazette, appoint.

Definitions.

2.

In this Act, unless the context otherwise requires,—

 (a) “ academic year ” means the year specified by the Government
or,  as  the  case  may  be,  any  Board  or  Council  to  which  respective
school is affiliated ;

(b) “ aided school ” means a school receiving any kind of recurring
grant  or  assistance  in  monetary  or  non-monetary  form,  from
the  Government  or  the  concerned  authority  for  defraying  its
expenditure ;

  (c) “ appointed  date ”  means  the  date  appointed  by  the  State

Government under sub-section (3) of section 1 ;

(d) “ Divisional Fee Regulatory Committee ” means the Divisional

Fee Regulatory Committee constituted under section 7 ;

(e) “ Deputy Director ” means the Deputy Director of Education or
any equivalent officer designated as such by the State Government,
working  under  the  Director  of  Education  (Primary),  Director  of
Education (Secondary and Higher Secondary) , or Deputy Director of
any other Directorate of the State Government, entrusted with the
task of supervision of the educational institutions imparting any kind
of education in the State ;

(f) “ 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 equivalent
officer designated as such by the State Government and includes the
Director of Education (Primary), Director of Education (Secondary
and Higher Secondary), or Director of any other Directorate of the
State  Government,  entrusted  with  the  task  of  supervision  of  the
educational institutions imparting any kind of education in the State ;

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3

( h ) “ Educational  Division ” means an Educational Division notified
as such by the State Government, by notification in the Official Gazette;

( i ) “ elementary education ” means the education from first class

to eighth class ;

( j ) “ Executive Committee ” means the Executive Committee of

the Parent-Teachers Association ;

(k) “ fee ” means the amount, fixed as a fee under sections 5 and 6

and includes,—

(i) Tuition fee ;
(ii) Term fee, which shall not exceed one month tuition fee per

term ;

(iii) Library fee and deposit ;
(iv) Laboratory fee and deposit ;
(v) Gymkhana fee ;
(vi) Caution money ;
(vii) Examination fee ;
(viii) Hostel fee and Mess charges ;
(ix) Admission fee ;

Explanation.— Where the student is admitted into the school
having the facility to undertake education upto the tenth standard
or any standard below it, the student shall not be required to pay
the admission fee once again ;

(x) deposit  as  security  amount    or  amount  payable  for  any

curricular or co-curricular item as may be prescribed;
(l) “ Government ” means the State Government or the Central

Government, as the case may be ;

(m)   “ Government school” means a school established, owned or

maintained by the Government or a local authority ;

( n ) “ local authority ” means,—

(i) in  relation  to  educational  institution  managed  by  a Zilla
Parishad, the Zilla Parishad constituted under the Maharashtra
Zilla Parishads and Panchayat Samitis Act, 1961 ;

(ii) in  relation  to  educational  institution  managed  by  the
Municipal Corporation, the Municipal Corporation constituted under
the  Mumbai Municipal  Corporation Act,  the Bombay  Provincial
Municipal Corporations Act, 1949, or as the case may be, the City
of Nagpur Corporation Act, 1948 ;

(iii) in  relation  to  educational  institution  managed  by  the
Municipal  Council, Nagar  Panchayat  or,  as  the  case  may  be,
Industrial Township, the Municipal Council, Nagar Panchayat or
Industrial Township constituted under the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships Act, 1965 ;

(iv) any other authority  treated as local authority  under any

other law ;

Mah.  V
of  1962.

Bom.
III  of
1888.
Bom.
LIX  of
1949.
C.P.  and
Berar  II
o f
1950.

Mah.
XL  of
1965.

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( o ) “ management ” means,—

  (i) in  the  case  of  a  school  managed  by  the  Government,  the

Government ;

 (ii) in the case of school managed by a local authority, the local

authority ;

(iii)  in any other case, managing committee or the governing
body, by whatever name called, of school to which the affairs of the
school  are entrusted and, where such affairs are entrusted to any
person,  by  whatever  name  or  designation  called,  includes  such
person ;

( p ) “ minority  educational  institution ”  means  the  Government
approved institution established and administered by minority having
right  to  do  so  under  clause  (1)  of  article  30  of  the  Constitution  of
India ;

( q ) “ Parent-Teachers Association ” means the Parent-Teachers

Association constituted under section 4 ;

(  r ) “ pre-primary school ” means a Nursery, Junior Kinder Garten,
Senior Kinder Garten level or any school imparting education upto
pre-primary  school  level  for  children  having  age  3  to  6  years,  by
whatever name called and of any medium attached in the prescribed
manner to the school, but does not include a creche ;

( s ) “ prescribed ” means prescribed by the rules made under this

Act ;

( t ) “ private  educational  institution ” means  any  private
management including the management of the minority educational
institution running the school or  Diploma in Teachers Education College ;

( u ) “ profiteering ” means any amount accepted in cash or kind,
directly or indirectly which is in excess of the fee fixed or approved as
per the provisions of this Act ;

( v ) “ Revision  Committee ”  means  the  Revision  Committee

constituted under section 11 ;

( w ) “ rules ” means the rules made under this Act;

( x ) “ school ” means a pre-primary school, primary school, school
imparting elementry education, secondary school, higher secondary
school or junior college recognised by the Government and managed
by any management and affiliated to any Indian or foreign course or
Board, whether aided, partially aided, un-aided or permanently un-
aided, including the school run by the minority educational institution
but does not include a school imparting religious instructions only.

CHAPTER II

PROHIBITION OF COLLECTION OF EXCESS FEE AND DETERMINATION OF FEE

3. No school itself or on its behalf shall collect any fee in excess of

the fee fixed or approved under this Act.

Prohibition  of
collection  of
excess  fees.

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5

Parent-
Teachers
Association.

4.

(1) (a) Every private school shall constitute the Parent-Teachers

Association.

 (b) The Parent-Teachers Association shall be formed by the head of
the school within thirty days from the beginning of each academic year.
Parent of every student in the school shall be a member of the Parent-
Teachers Association and an annual amount of rupees fifty, in case of
urban area and rupees twenty, in case of rural area, shall be collected
from each member of such Association.

(c) On  formation  of  the  Parent-Teachers  Association,  for  giving
representation to every Standard, a lottery shall be conducted by drawing
a lot of the willing parents of each Standard to constitute the Executive
Committee and notice of one week before such lottery  shall be given to
the members of the Parent-Teachers Association.

(2) (a) The Executive Committee shall consist of,—

(i) Chairperson

. . Principal or Head Master

(ii) Vice-Chairperson

 . . One from amongst the parents

(iii) Secretary

. . One from amongst the teachers

(iv) Two Joint Secretaries

. . Both from amongst parents.

(v) Member

. . One parent and one teacher

from every Standard.

  (b) Out  of  the  total  members  in  the  Executive  Committee,  there
shall be at least one member from the Scheduled Castes, the Scheduled
Tribes  or  Backward  Class  of  citizens  to  be  rotated  in  the  manner
prescribed and at least fifty per cent. of the members shall be women.

 (c) The list of members of the Executive Committee shall be displayed
on the notice board within a period of fifteen days from formation of the
Executive Committee and copy thereof shall forthwith be forwarded to
the concerned Education Officer.

(d) The  term  of  the  Executive  Committee  of  the  Parent-Teachers
Association  shall  be  for  one  academic  year  and  no  member  of  the
Executive Committee shall  be eligible for drawing a lot by lottery within
the period of three years since the formation of the Executive Committee :

Provided that, the provisions of sub-clauses (i), (iii) and (v) of clause
(a) above regarding condition of three years for selection of teacher
member shall not apply to the school having only two teachers.

  (e) The  Executive  Committee  shall  meet  at  least  once  in  a  three
months. The procedure to be followed for conducting the meeting of the
Executive Committee shall be such as may be prescribed.

(f) The Parent-Teachers Association shall have a general meeting  at
least once before the 15th August of every year. The  procedure to be
followed for conducting the meeting of the Parent-Teachers Association
shall be such as may be prescribed. The Parent-Teachers Association
shall discharge such duties and perform such functions as may be assigned
to it under this Act and as may be prescribed.

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5.

 It shall be competent for the Government to regulate the fee in
the Government schools and aided schools. The fee shall be fixed in the
manner as may be determined by the Government.

6.

(1) The  management  of  the  private  un-aided  schools  and
permanently un-aided schools shall be competent to  propose the fees in
such schools.

Regulation  of
fees  in
Government
schools  and
aided  schools.

Regulation  of
fees  in  private
un-aided
schools  and
permanently
un-aided
schools.

(2) On the formation of the Executive Committee, the management
of the school shall submit the details of the proposed fee along with the
relevant record to the Executive Committee for its approval at least six
months  before  the  commencement  of  the  next  academic  year.  While
giving the approval, the Executive Committee shall have the authority
to decide the amount of fee afresh.

(3) After considering all the relevant factors laid down under section
9, the Executive Committee shall approve the fees within a period of
thirty days from the date of receipt of the details of the proposed fee and
the record under sub-section (2) and communicate the details of the fee
so approved in writing to the management forthwith. The details of the
fee so approved by the Executive Committee shall be displayed on the
notice board  in Marathi, English and in the respective medium of school,
and if such school has its own website, it shall be displayed on the same,
and it shall be binding for two academic years.

 (4) If the Executive Committee fails to decide the fees within the
period specified in sub-section (3), the management shall immediately
refer  the  matter  to  the  Divisional  Fee  Regulatory  Committee  for  its
decision under intimation to the Executive Committee in such manner
as  may  be  prescribed.  During  the  pendency  of  the  reference,  the
management of school shall be at liberty to collect the fee of the previous
academic year plus fifteen per cent. increase in such fee till the final
decision of the Divisional Fee Regulatory Committee.

 (5) If the difference between the fees decided by the management
and the fees approved by the Executive Committee is not more than
fifteen  per  cent.,  then  the  fees  communicated  by  the  Executive
Committee under sub-section (3) shall be binding on the management
and if the difference is more than fifteen per cent., then management
may prefer an appeal to the Divisional Fee Regulatory Committee, within
a period of thirty days from the date of such communication under sub-
section (3) in such manner as may be prescribed :

Provided  that,  the  Divisional  Fee  Regulatory  Committee  may
entertain such appeal or reference after the expiry of the period of
thirty days, if it is satisfied that there are sufficient reasons for not
preferring an appeal or reference within time.

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7

(6)(a) The  Divisional  Fee  Regulatory  Committee  shall  decide  the
appeal or reference as far as possible within the period of ninety days
from the date of its filing after giving the opposite party an opportunity
of being heard.

(b) While  deciding  the  appeal  or  reference,  the  Divisional  Fee
Regulatory Committee shall not grant any stay to the fee proposed by
the management or, as the case may be, the fee approved by the Executive
Committee.

(c) On decision in appeal or reference, the Divisional Fee Regulatory
Committee may pass appropriate orders for refund of the excess fee to
the student concerned. In case the management fails to refund the excess
fee  to  such  student,  the  Divisional  Fee  Regulatory  Committee  shall
proceed to recover such excess fee from the management as arrears of
land revenue and pay the same to such student.

  (d) The  decision  of  the  Divisional  Fee  Regulatory  Committee  in
appeal or reference shall be displayed on the notice board of the concerned
school, and if such school has its own website, it shall be displayed on
the same by the management.

 (7) The management or the Executive Committee aggrieved by the
decision  of  the  Divisional  Fee  Regulatory  Committee  in  appeal  or
reference may, within thirty days from the date of such decision, prefer
an appeal before the Revision Committee in such manner as may be
prescribed.

7.

(1) The Government shall, by notification in the Official Gazette,
constitute a Divisional Fee Regulatory Committee for each Educational
Division.

(2) The  Divisional  Fee  Regulatory  Committee  shall  consist  of  the

following members, namely :—

(a) A retired District Judge, nominated by

Chairperson.

the Government in consultation with the
High Court.

(b) Divisional Chairman of the Maharashtra State Member.

Board of Secondary and Higher Secondary
Education.

(c ) A Chartered Accountant or Cost and Works

Member.

Accountant

(d) Retired Head of Central Board of School

Member.

Education or Indian Certificate of Secondary
Education or any other Board
not connected directly or indirectly with any
educational institution, or retired officer not
below the rank of Joint Director of
Education of the Government.

¦ÉÉMÉ +É`ö------31-3

Constitution
of  Divisional
Fee
Regulatory
Committee.

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Term  of
office  of
Chairperson
and  other
members  of
Divisional
Fee
Regulatory
Committee.

(e) Regional Deputy Director of Education

Ex officio
Member -
Secretary.

(3) Every  appointment  of  a  member  under  clauses  (c)  and  (d)  of
sub-section  (2)  shall  be  made  by  the  State  Government  on  the
recommendation of the Selection Committee.

(4) The  State  Government  shall  constitute  a  Selection  Committee
for the Divisional Fee Regulatory Committee consisting of the following,
namely :—

 (a) Chairperson of the Revision Committee.

Chairperson.

 (b) The Secretary  in charge of the
Law and Judiciary Department.

Member

 (c) The Secretary in charge of the School

Member:

Education Department.

Provided that, where the Chairperson of the Revision Committee is,
by reason of absence or otherwise, unable to act as a Chairperson of the
Selection Committee, the Chairperson acting as such under the proviso
to sub-section (2) of section 11 shall act as a Chairperson.

8.

(1) The  term  of  office  of  the  Chairperson  and  members  of  the
Divisional Fee Regulatory Committee shall be for a period of three years
from the date of their nomination and in case of vacancy arising earlier,
for any reason, such vacancy shall be filled for the remainder period of
the term.

(2) The Chairperson and the members of the Divisional Fee Regulatory

Committee shall not be eligible for re-appointment.

(3) The Chairperson or a member may resign from the office in writing
addressed to the Government and on such resignation being accepted,
his office shall become vacant and may be filled in within a period of
three months from the date of occurrence of vacancy.

(4) The Chairperson or a member of the Committee shall be removed,
if he does any act which, in the opinion of the Government, is unbecoming
of a member or Chairperson of such Committee. The Chairperson or a
member  so  removed  shall  not  be  eligible  for  re-appointment  on  such
Committee :

Provided that, no Chairperson or member shall be removed from the
Divisional Fee Regulatory Committee without giving him an opportunity
of being heard.

(5) The salaries and allowances to be paid to the Chairperson and
members of the Divisional Fee Regulatory Committee shall be such as
may be prescribed.

(6) A person shall be disqualified for appointment as the Chairperson
or member of the Divisional Fee Regulatory Committee, if such person,—

(a) has  been  convicted  and  sentenced  to  imprisonment  for  an
offence  which,  in  the  opinion  of  the  Government,  involves  moral
turpitude ; or

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9

Factors  for
determination
of  fee.

(b) is an undischarged insolvent ; or

(c) is of unsound mind and stands so declared by a competent court ;

or

(d) has  been  removed  or  dismissed  from  the  service  of  the
Government  or  a  body  corporate  owned  or  controlled  by  the
Government ; or

(e) has, in the opinion of the Government, such financial or other
interest as is likely to affect prejudicially the discharge by him of his
functions as a member ; or

(f) has such other disqualifications as may be prescribed; or

(g) is holding any office, post or is in any way connected with any

educational institution.

9.

(1) The following factors shall be considered while deciding the

fee leviable by a school, namely :—

(a) the location of the school;

(b) the  infrastructure  made  available  to  the  students  for  the
qualitative education, the facilities provided and as mentioned in the
prospectus or web-site of the school ;

 (c) the educational standard of the school as the State Government

or the competent authority may prescribe ;

 (d) the expenditure on administration and maintenance;

 (e) the excess fund generated from non-resident Indians, as a part
of charity by the management and contribution by the Government
for  providing  free-ship  in  fee  or  for  other  items  under  various
Government schemes given to the school for the Scheduled Castes,
the Scheduled Tribes and Vimukta Jatis and Nomadic Tribes students ;

 (f) qualified teaching and non–teaching staff as per the norms and

their salary components;

 (g) reasonable amount for yearly salary increments;

 (h) expenditure incurred on the students over total income of  the
school and  the reasonable surplus for qualitative development of the
students   ;

(i) any other factor as may be prescribed.

  (2)  The  Divisional  Fee  Regulatory  Committee  shall  indicate  the

different heads under which the fee shall be levied.

(3) Every private school preferring an appeal before the Divisional
Fee Regulatory Committee shall place the copy of decision in appeal on
its notice board, and if such school has web-site, on its web-site.

10.

(1) The powers and functions of the Divisional Fee Regulatory
Committee  shall  be  to  adjudicate  the  dispute  between  the  school
management and the Parent-Teachers Association regarding fee to be
charged by the school management from the students.

Powers  and
functions  of
Divisional  Fee
Regulatory
Committee.

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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 any educational 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 any records,
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 Committee. The provisions of the Code of Criminal Procedure, 1973
relating to search and seizures shall apply, so far as may be, to searches
and seizures under this section.

2  of
1974.

 (3) The Divisional Fee Regulatory Committee shall regulate its own
procedure, for the discharge of its functions, and shall, 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
the following matters, namely :—

5  of
1908.

(i) the summoning and enforcing the attendance of any witness

and examining him on oath ;

(ii) the discovery and production of any document ;

(iii) the reception of evidence on affidavits ;

(iv) the issue of commission for the examination of the witness.

(4) No judicial order shall be passed by the Divisional Fee Regulatory
Committee in the absence of the Chairperson. The order of the Divisional
Fee  Regulatory  Committee  shall  be  binding  on  the  parties  to  the
proceedings before it for two academic years. It shall not be called in
question in any civil court except by way of an appeal before the Revision
Committee constituted under this Act.

 (5) At 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 of the excess fee to the student concerned. In case the management
fails  to  refund  the  excess  fee  to  such  student,  the  Divisional  Fee
Regulatory  Committee  shall  proceed  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) The  Divisional  Fee  Regulatory  Committee  shall  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 shall be at liberty to propose
changes  in  its  fee  structure  by  following  the  procedure  as  laid  down
under this Act.

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11

11.

(1) The State Government shall constitute a Revision Committee
in the State, by notification in the Official Gazette, which shall consist of
the following members, namely :—

Constitution
of  Revision
Committee.

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

Government in consultation with the High
Court.

(b) Any retired person holding the post of

Member

Director of Education or equivalent post or
retired Head of the Central Board of School
Education or Indian Certificate of Secondary
Education or other such Boards.

(c) A Chartered Accountant or Costs and Works

Member

Accountant.

(d) Joint Director of Education (Secondary and

Ex officio
Higher Secondary), Directorate of Education, Member-
Maharashtra State, Pune

 Secretary.

(2) Every appointment of member under clauses (b) and (c) of sub-
section  (1)    shall    be    made    by    the    State    Government    on    the
recommendation of a Selection Committee consisting of the following,
namely :—

(a) Chairperson of the Revision Committee.

Chairperson.

(b)  The Secretary incharge of the Law

 Member.

    and Judiciary  Department.

(c) The Secretary, in charge of the School

Member :

    Education Department.

Provided that, where the Chairperson of the Revision Committee is,
by reason of absence or otherwise, unable to act as Chairperson of the
Revision  Committee,  the  State  Government  may  refer  the  matter  to
the High Court for nominating a retired High Court Judge to Act as a
Chairperson.

12.

(1) The provisions of sub-section (6) of section 6, section 8 and
sub-sections (2) to (7) of section 10 shall, mutatis mutandis, apply to the
Revision Committee.

(2) The  decision  of  the  Revision  Committee  shall  be  final  and
conclusive and shall be binding on the parties for  two academic years.
At the end of the said period, the private school may be at liberty to
propose changes in its fee structure by following the procedure as laid
down in section 6.

13. No suit, prosecution or other legal proceedings shall lie against
the Chairperson or member of the Divisional Fee Regulatory Committee
or the Revision Committee or any officer of it, for executing any order
made by it or in respect of anything which is in good faith done or intended
to be done under this Act or under any rule or order made thereunder.

Application
of  certain
provisions  of
Divisional
Fee
Regulatory
Committee
to  the
Revision
Committee.

Protection  of
action  taken
in  good  faith.

12

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CHAPTER III

REGULATION OF ACCOUNTS AND MAINTENANCE OF RECORDS

Regulation  of
accounts.

Maintennce
of  records.

14. The Government shall regulate the maintenance of accounts by
the private educational institutions in such manner as may be prescribed.

15. The private educational institutions shall maintain such records

and in such manner as may be prescribed.

CHAPTER  IV

OFFENCES AND PENALTIES

Offences  and
penalties.

16.

(1) Whoever contravenes any of the provisions of this Act or the

rules made thereunder shall, on conviction,—

Offences  by
management.

(a) for the first offence, be punishable with the fine which shall not
be less than one lakh rupees but which may extend to five lakh rupees
or twice the amount taken in excess of the  fee as determined under
this Act, whichever is higher;

(b) for the second or subsequent offence, be punishable with the
fine  which  shall  not  be  less  than  two  lakh  rupees  but  which  may
extend to ten lakh rupees or twice the amount taken in excess of the
fee  as  determined  under  this  Act,  whichever  is  higher  or  with
imprisonment for a term which shall not be less than three months
but which may extend to six months.

(2) The person convicted under this section shall refund the excess
fee  to  the  student  from  whom  it  was  collected  in  contravention  of
this Act.

(3) The person who repeatedly 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.

17.

(1) Where an offence under this Act or rules made thereunder
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 shall render any
person  liable  to  any  punishment,  if  he  proves  that  the  offence  was
committed without his knowledge or that he has taken due diligence to
prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any
offence under this Act or rules made thereunder has been committed by
a management 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  shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 21, 2014/¡òÉ±MÉÖxÉø 30, ¶ÉEäò 1935

13

Compounding
of  offences.

2  of
1974.

18.

(1) Notwithstanding anything contained in the Code of Criminal
Procedure,  1973,  any  offence  punishable  under  section  16  may  be
compounded  by  any  officer  as  may  be  specially  authorised  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 with 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  of  excessive  fee,
such sum shall not be less than double the amount of fee excessively
charged or five lakhs rupees, whichever is higher.

(2) Nothing in sub-section (1) shall apply 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 offence has been compounded under sub-section (1), no
proceeding shall be taken against the accused person in respect of the
same offence and any proceeding if already taken shall stand abated and
the accused, if in custody, shall be discharged forthwith.

19. No Court shall take cognizance of any offence punishable under
this Act except with the sanction of  the Government or such officer, not
below  the  rank  of  Deputy  Director  of  Education,  as  the  Government
may authorise in this behalf.

Cognizance
of  offences.

20. Every offence under this Act shall be cognizable.

CHAPTER V

MISCELLANEOUS

21. The State Government may issue to any educational institution
such general or special directions, consistent with the provisions of this
Act and the rules made thereunder, as in its opinion are necessary or
expedient for carrying out the purposes of this Act or for giving effect to
any of the provisions contained therein or in any rules or orders made
thereunder  and  the  management  of  the  educational  institution  shall
comply with every such direction.

Offence  to  be
congnizable.

Power  to
issue
directions.

22.

(1) The State Government may, by notification in the Official
Gazette and subject to the condition of previous publication, make rules
for carrying out all or any of the purposes of this Act.

Power  to
make  rules.

(2) Every rule made under this Act shall be laid, 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 thirty days, which may be comprised in
one  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 immediately
following, both the Houses agree in making any modification in the rule
or both the Houses agree that the rule should not be made, and notify

14

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their decision to that effect in the Official Gazette, the rule shall, from
the date of publication of such decision in the Official Gazette, have effect
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 anything previously done or omitted to be
done under that rule.

23. The  provisions  of  this  Act  shall  be  in  addition  to,  and  not  in
derogation of, the provisions of any other Act for the time being in force.

Act  in  addition
to  and  not  in
derogation  of
any  other  Act.

Power  to
remove
difficulties.

24.

 (1) If any difficulty arises in giving effect to any of the provisions
of this Act, the State Government may, as occasion arises, by an order
published in the Official Gazette, do anything not inconsistent with the
provisions of this Act, which appears to it to be necessary or expedient
for the purpose of removing the difficulty :

Provided that, no such order shall be made after the expiry of a period

of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as

may be after it is made, before each House of the State Legislature.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY  SHRI  PARSHURAM
JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004
AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD,
CHARNI  ROAD,  MUMBAI  400  004,  EDITOR :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

