i n
PUNJAB GOVE GAZ (EXTRA) DECEMBER 23. 2014
(PASUA 2, 1938 SAKA)
ul PART |
GOVERNMENT OF PUNJAB
19]
DEPARTMENT OF LEGAL AND LEGISLATIVE AIFAIRS, PUNJAB
NOTIFICATION
The 231d December, 2016 No. 54-Leg./2016.-The following Act of the Legislature of the State of punjab received the assent of the Governor of Punjab on the 22nd day of December, 2016, is hereby published for general information:-
THE PUNJAB REGULATION OF FEE OF UNAIDED
EDUCATIONAL INSTITUTIONS ACT, 2016
(Punjab Act No. 47 of 2016)
AN
ACT
to provide for the constitution of Regulatory Body with a view to provide a mechanism for (he purpose of regulating fee of un-aided educational institutions in the State of Punjab and for the matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Punjab in the Sixty- seventh Year of the Republic of India as follows: -
Lo (1) This Act may be called the Punjab Regulation of fee of Un-aided Shor le wl Educational Institutions Act, 2016.
(2) It shall come into force on and with effect from the date of its
Publication in the Official Gazette.
i
Toa 1'e 1 es, -
In this Act, unless the context
otherwise requil
|
velve months prescribed as
Definitions.
r A (3) 'academic year' means a period of be presc + such, and different academic years may | classes of institutions;
'bed for ditferent
¢ ol an institution in th
e
ab School Education
and authorized
i i
(he nam
5 'affili
ation' means
nclus on of
th ni
f
ons with the
Pun
approved list of affiliated ins
tituti - Ed
Board or any other su
ch board or aut of )
ho -
for admitting
by the Central Governm
ent
said board or authority;
1
,
PUNJAB GOV'L GAZ. (LX TRA) (c)
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(k)
, DECEMBER 23.2016 192 (PASUA 2, 1938 SAKA)
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"appropriate authority' means (iy inthe case of an unaided edye ational institution rec to be recognized by an authority, authorize Government, that authority; and
0gnized or
d by the State
(i) inthe case of an unaided educational institutio to be recognized by an authority, authorized Government, that authority;
nrecognized of
by the Central
'Regulatory Body" means the Regulatory Body, constituted under section 3;
"complaint" means an allegation made in writing to the Regulatory Body by a student studying in an Unaided Educational Institution or by his parents or guardians, as the case may be, containing a grievance of charging excessive fee or of doing or asking to do any other activity with a motive to gain financial benefit or profit by the Unaided Educational Institution;
'commercialization or profiteering or profit or financial gain' means an activity of charging fee by an Un-aided Educational Institution from any student or parents or guardians in excess of the fee, fixed or increased under section S;
as
'fee' means any amount by whatever name it may be called, which is charged directly or indirectly by an Unaided Educational Institution lor admission of a student for education to any standard of course of Study;
Fund' means the Unaided Educational Institution Development Fund constituted under section 9;
'Government' means the Government of the State of Punjab in the Department of School Education;
"local authority' means a Municipal Corporation, Municipal Committee, Notified Area Committee, Town Improvement Trust, Panchayat Samiti or Gram Panchayat or any other Alita entrusted with their functions under any law for the time being in force;
'minority institution' means an educational institution cd ished lig] anguage and administered by a minority whether based on rele g ; i" e having the right to do so under clause (1) of article
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PUNJAB GOV I GAZ. (EXTRA) DECEMBER 23.2016 193
(PASUA 2, 1938 SAKA)
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LL
Constitution of India; (prescribed means preseribed by rules made under this Act by the Government;
(m) 'section' means section of" this Act; and
(n) "Unaided Education al Institution' means an alliliated private school, | esiablished and administered by any person or body of persons, imparting education up to 1042 level including
receive any aid from the Gove
T
E
T
a minority institution which does not ment, but does not include,-
(1) anaided school; and
(i) a school established and administered or maintained by the Central Government or St ate Government or any local authority.
3. (1) There shall be constituted a Re Regulatory Body for Regul
the Divisional |
gulatory Body to be known as the Constitution of ating I'ee of Un-aided Educational Institutions at Regulatory Body. -cvel in the State of Punjab to exercise the powers conferred upon and perform the functions assigned to it under this Act.
(2) The Regulatory Body shall consist of the following, namely:-,
(a) Divisional Commissioner of the concerned division;
Chair-person
(b) Circle Education Officer of the Member- concerned division; Secretary
(¢) District Education Officer Member (Secondary Education) posted at the concerned Headquarter of the division;
(d) District Education Officer (Elementary Member Liducation) posted at the concerned Headquarter of the division;
| (e) Two members, to be nominated by Nominated : the Government from amongst the members F eminent educationists ol the concerned | division;
| (f) One member, to be nominated by the Nominated i | :mbers Divisional Commissioner from amongst ~~ me the Deputy Controllers (Finance and
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r seadquarter of cle Regulatory Body.
power (0 fix and increase lee. Factors to be taken into
consideration for fixing or
Increasing fee. PUNJAB GOV GAZ, (xr A
(PASUA 2,
Accounts) or Assist (Finance
), DECEMBER 23,2016 194 1938 SAKA)
ant Controllers
and Accounts) working in (he concerned division,
(3) The nominated members referred to in syly paid such remuneration and travelling allowance for the Regulatory Body, as may be prescribed.
-section (2), shall be
attending he meeting of
4. The office of the Regulatory Bod y shall be located at the Headquarter of the concerned Division.
5. AnUnaided Educational Institution shall be competent to fix its fee and jt may also increase the same after taking into account the need to generate funds to run the institution and to provide facilities necessary for the benefit of the students:
Provided that while fixing or increasing fee, the factors mentioned in sub-section (1) of section 6, shall be kept in view by the Unaided Educational
Institution:
Provided further that increase in fee shall not exceed eight per cent of the fee of the previous year, charged by the Unaided Educational Institution.
Provided further that while fixingor increasing fee, an Un
Institution cannot indulge in profiteering and it cannot charge capitation fee.
6. (1) For fixing or increasing fee structure by an unaided educational institution, the following factors shall be kept in view, namely:-
aided Educational
(a) the infrastructure and facilities available or to be made available in the Unaided Educational Institution;
(b) the investment made and salaries paid to the teachers and staff; and
(c) future plans for expansion and betterment of institution, subject however, to the restrictions of non-profiteerin g and non-charging of capitation fee.
(2) The fee fixed under sub-section (1), shall be displayed by every Unaided Educational Institution at the conspicuous place in the School premises.
(3) The Unaided. Educational Institution shall also ensure that the fee or funds charged by it from the parents or guardians, are not diverted from such institution to the society or the trust, as the case may be, which runs such institution or to any other institution, except as permissible under sub-section
(4) of section 10.
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PUNJAB GOVIL GAZAEXTRA), DECEMIIR 23 90,
(PASUA 2, 1933 SAKA) =3, 2016 195 iN 181 7 Subjectto the provisions of this Act, the Regulator ; . ) Sutatory Body shall exe (he powers and discharge the functions
y shell exe as mentioned below:-
(a) 10 hear complaints from the stude with regard to the charging of ¢ reise Powers and
functions of the
' . Regulatory Bod nts or their parents or guardians Yo Xcessive fee or for doing or a i aski
to do any other activity with a motive to g " o ain financial benefit or prolitin contravention of the provisions of this Act by any Unaided Educational Institution;
(b) toensure that the Unaided Educational Institutions are riof indulging in commercialization of education;
(¢) to check that the fee structure is being kept within the limits as provided under this Act so as to avoid profiteering;
(d) to strike a balance between autonomy of an Unaided Educational Institution, and measures to be taken in avoiding commercialization of education;
(e) to check excessive hike in fee by an Unaided Educational Institution with the motive to earn profit;
(f) to ensure that increase in the fee undertaken by an Un-aided Educational Institution is justified and necessitated b y the
circumstances like increase in expenditure or beca use of needed
developmental activities, and does not result into profiteering; and
(g) to check that funds charged fr om the students are not diverted to any other purpose, except as pe rmissible under sub-section (4) o f
section 10.
oo
n this Act, the Regulatory Bo dy may, hudson of the
. .
) ) .
dy.
_aided Educational Insti tution has Regulaory Bod, ons of this Act, it ma y call for
Institution in orde r to verify
8. Notwithstanding anything c ontained i
if on information is satisfied that an Un & contravened or is contravening any of the provist the relevant record of such Unaided Educational
the information.
9. (1) Every Unaided Educa tional bastion all scan be called the Unaided Educational Institution Develol
(2) The following shall be c redited to the Fu
(a) fee;
(b) charge;
(c) funds; to Constitution of eonstitute a Fund 1 sh l con titute ' fund. nd, namely:-
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PUNJAB Gov GAZ. (1X IRA), Dic
(PASUA 21938 SAKA)
(ld) any other charpe OFS which may he realised by 1 Educational Institution fo any purpose; an (¢) any contributions, endownientg
196
Unaided ! ! | Or gilts recejye by the (J. aided Lducational Institution. ulation of 10. (1) The Fund shall be utilized for the (lis betterment ang deve ) the concerned Unaided Edy no lopment of cational Institution,
-
(2) The Fund or any profit accrued the relrom shall not be used for any personal gains or business orenterprise by the Un-aided Educ ational Institution,
(3) The Fund can be used by the Un-aided Educ ational Institution for the activities, which are beneficial to the students.
(4) No amount whatsoever shall be diverted from the Fund by the Unaided Educational Institution to the Society or the Trust or any other institution, except under the management of the same Society or Trust.
Complaint. I. (1) Any student studying in an Unaided Educational Institution or his parents or guardians, as the case may be, may make complaint to the Regulatory Body with regard to any excessive fee or charge being charged or for doing or asking to do any other activities with a motive to gain financial benefit or profit by the said institution. -
(2) The complaint referred to in sub-section (1), shall be accompanied by a self attested affidavit disclosing particulars of the concerned Un-aided Educational Institution alongwith the name and address of the complainant.
(3) Any complaint received under this Act, shall be scrutinized by the Regulatory Body within a period of fifteen days [rom the date of its receipt in accordance with the prescribed procedure, and it shall be finally decided within sixty days.
(4) Ifafter scrutinizing a complaint under sub-section (3), the Regulator Body finds any substance in it, the Regulatory Body shall give an opportunity of being heard to the concerned Un-aided Educational Institution before taking any final decision on such complaint. |
Ww Summon 12, The Regulatory Body shall, tor the
purpose of any enquiry ander this
Writ 5 ors as are vested
ina civil court while trying a suit
ee wy a 1908
in respect of the following matters, under the Code o , namely;-
(a) enforcing the atte
(b) requiring the discovery fl
Yer (g
ndance ol any person or examining him on oath; and production of documents;
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re PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 23,2 - UBLE 2016 (PASUA 2, 1938 5px 4, 7 (c) receiving evidence gp oath by way of affidayits Lo ; ang (d) issuing commission tor the €Xaminatjgp of Witnesses 13. (1) The Regulatory Body shall meey at such time and plac irperson may decide. Place as the Procedure pg
Chairpe
followeg by the
(2) The Regulatory Body shall folio such procedype of Working Regulatory ogy, . , as may be prescribed
i (3) All orders ang decisions of the Regul atory Body shal be authenticated by the Member- Secretary or any other officer, authorized by him.
14. (1) [fany Un-aided Educational Inst of this Actor the rules made thereunder, it sf may extend to thirty thousand rupees in th Institution of Primary [ey
itution contravenes the provisions 1all be punishable wi, fine, which ¢ case of an Un-aided Educational el, rupees fifty thousand in the case of an Un-ajded Educational Institution of Middle ac in the case of an condary and Senior Secondary Level
Penalties.
Level, and rupees one |
Un-aided Educational Institution of Se
for each contravention.
(2) fan Un- aided Educational Institution contravenes the provisions of this Actor the rule s made thereunder for the second time, it sh all be punishable with fine, which shall be sixty thousand rupees in the case of an Un-aided Educational Institution of Primary Level, rupees one lac in the case of an Un- aided Educational Institution of Middle level, and rupees two lac in the case of an Un-aided Educational Institution of Secondary and Senior Secondary Level for each contravention. i}
(3) If an Un-aided Educational Institution contravenes the provisions of this Act or the rules made thereunder for the third time, then besides imposing Penalty as mentioned in sub-section (2), the Regulatory Body shal direct »
concerned authority to withdraw recognition or affiliation of such Un-aided
Educational Institution.
(4) The Regulatory Body may direct the Un-Aided Educational i h institution. Institution to refund the fee in excess of the fee as displayed by suc ti itt iev irection Appeal. IS Any person or Un-aided Educational Institution aggrieved by " d !pp \ fi overnment within Ororder passed under this Act, may file an appeal to the G ing rder or direction. Period of forty five days from the date of passing of such o
. ' | Bar of e or deal with any ra cid Jurisdiction of
civil courts,
NRT settle, de 16. No civil court shall have jurisdiction to i i ired to ichi this Act s required Questi to determine any matter, whic is by or under ton or to de i tory Body. be settled, decided or determined by the Regulatory
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PUNJAB GOVT. GAZ (EXTRA), DECEMBER 23.20
(PASUA 2, 1938 SAKA) '
198
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0 suit, prosecuti Tr 17. No it, pr ion ol other legal proceedings shall lie 1gainst {| : a aist the Chairperson or any member of the Regula
tory Body or any offi
LY ee wk
! } NER P
T
.
' cer or other
employee or any person acting under the direction either of the Gove rnment or
of the Regulatory Body, in respect of anything, whichis in good faith don i e or
Accounts
and
audit.
Annual report.
Staff o the
Regulatory Body.
Power 10 remove
dilTicultics.
- ,
Power to issue
directions.
]
Power to make rules,
intended to be done in pursuance of the provisions of this Act or the rules ¢ y Or
orders made thereunder.
Q . YR an BN
att « | 1 '
H
18. (1) Every Unaided Educational Institution shall maintain proper acco unts
of fee and charges, and also maintain other relevant record a nd prepare annual
statement of accounts in such form, as may
be prescribed.
Bp) The ace
1 1
%
(2) Theaccounts maintained onder sub-section (1), shall be audited by
a qualified Charted Accountant.
19. Every Un-aided Educational Institution shall prepare, in such form and at such time for each academic year, as m ay be prescribed, its annual report by a qualified Charted Accountant gi ving full account of its fees, receive d during
the previous academic year, and f orward a copy thereof to the Regula tory
Body.
20. The Government in consultatio officers and employees, as may be decided b
the Regulatory Body under t his Act.
n with the Chairperson shall provide s uch
y it to discharge the functions of
21. If any difficulty arises in giving effect to the provisi ons of this Act, the
y, by an order in writing, mak e such provision including any any provision ofthis Act, as appears to it, to be
pose of removing the difficult y.
Government ma
adaptation or modification of
necessary or expedient fo r the pur
ay, from time to time, n fit, for giving effect to the p rovisi
ulatory Body to compl
y with such
issue such directions
10 the
22. The Governmen t m
ons of this yon Regulatory Body, as it may dee
Act and it shall be the duty of the Reg directions.
23. (1) The Government may, by notification in the Official Gazette, make
rules for carrying out the provisions of this Act.
(2) Everyrule made under this Act shall be laid as soon u be, a
it is made, before the House of the St:
while it is in session fora
total period of ten days, which may b 'more successive sessions and if, before
so laid or the succes s alo
any modification inth s may e, after (te Legislature
session or in (wo o
r
¢ comprised in on
e
yin which it is
(he expiry of the s
essiol
ive sessions as
resaid, the
[House agrees
in making
5 that the rule shou
ld not be
e rule or the
House agree
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Pd PUNJAB GOV'T. GAZ. (EXTRA), DECEMBER 23,2016 199
(PASUA 2, 1938 SAKA)
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made, the rule shall thereafter, have effect only in such modified from 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.
VIVEK PURI,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 1166/12-2016/Pb. Govt. Press, S.A.S. Nagar
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