L. A. BILL No. )OilV OF 2ott.ABILL

to prouide for the regulation of collection of fee by educationalinstitutions in the stqte of Maharashtra and for matters connected

5 therewith and incidental thereto.

WHEREAS the National Policy on Education envisages that thecommercialization of education and profiteering by the educationalinstitutions should be curbed ;

AND WHEREAS the state Government desires that steps should be10 taken to prevent the commercialization of education through profiteering

by the educational institutions ;

AND WHEREAS the practice of charging exorbitant fees by theeducational institutions is on increase in the State ;

HB 397-l

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AIID WHEREAS with a view to effectively curb this undesirable practiceand commercialization of education which result in frustration amongmeritorious and indigent students and to maintain excellence in thestandard of education, it is expedient in the public interest to regulatecollection of fee by the educational institutions in the State ofMaharashtra and to provide for matters connected therewith andincidental thereto; it is hereby enacted in the Sixty-second Year of theRepublic of India as follows :-

C}IAPTERIFhnntnqanv

l. (J) This Act may be called the Maharashtra EducationalInstitutions (Regulation of Coliection of Fee) Act, 2011.

(2) It extends to the whole of the State of Maharashtra.(3) It shail come into force on such date as the State Government

may, by notification in the Official Gaze.tte, appoint,

2. In this Act, unless the context otherwise requires,-(o) " academic year " means the year specified by the Government

or, as the case may be, any Board or Council to which respectiveeducationai institution is affiliated ;

(b) " aided school " means a school receiving any kind of aid inmonitory or non-monitory form, from the Government or any otherGovernment body or local authority or pubiic sector undertaking orSemi-Government organization and includes a school receiving partialgrants;

(c) " appointed date " means the date appointed by the StateGovernment under sub-section (3) of section 1 ;

(d) " Divisional Fee Regulatory Committee " means the DivisionalFee Regulatory Committee constituted under section 7 ;

(e) " Deputy Director " means the Deputy Director of Education orany equivalent offrcer designated as such by the State Government,working under the Director of Education (Primary), Director ofEducation (Secondary and Higher Seconciary) , or Deputy Director ofany other Directorate of the State Government, entrusted with thetask of supervision of the educational institutions imparting anykindof education in the State;

(fl " Diploma in Teachers Education College " means a trainingcollege for teachers' education approved by the National Council forTeachers Education ;

G) " Director " means the Director of Education or any equivalentoffrcer designated as such by the State Government and includes theDirector of Education (Primary), Director of Education (Secondaryand Higher Secondary), or Director of any other Directorate of theState Government, entrusted with the task of supervision of theeducational institutions imparting anykind of education in the State ;

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Shorr ritle,extend and

commeltce-tllc ll t.

Definitions

Mah. Vof 1962.

Bom.lll ofl8tt8.Bom.

LIX of1 949.

C.t'). andBerar ll

ofr q50.

J

(/1.) ,, Education Division " means an Education Division notified as

su;h by the State Government, by notification in the Official Gazette ;

(i) " educational institution " means a recognized school'

pre-primary, primary, secondary and higher secondary school' Junior

ioff"S. or Dipioma in Teachers Education College, by whatever name

.allei, either Indian or foreign, managed by the Government' local

authority or a privat. *"iugu*ent including the educational

institution estabiished and administered by any minority;

(/) ,, Executive committee " means the Executive committee of the

Parent-Teachers Association ;

(ft) .. fee ,, means the amount, fixed as a fee under sections 5 and 6

and includes,-(i) Tuition fee ;

(li)Termfee,whichshallnotexceedonemonthtuitionfeeperterm;

(lii) Library fee and dePosit ;

(iu) LaboratorY fee and dePosit ;

(u) Gi'rnkhanafee;(ui) Caution money ;

(uli) Examination fee ;

(ulii) Hostel fee and Mess charges :

(ir) Admission fee ;

(*) such other fee or deposit as security or amount for any other

item, as may be approved by the Government ;

(l)..Government,'meanstheStateGovernmentortheCentralGovernment, as the case rnaY be ;

(m) " Government educational institution " means a school

established, owned or maintained by the Government or a local

authority;(n) " higher secondary school " or " Junior College " means a school

orcoilegei"mpartingeducationatStandardsXlandXlllevel;(o) " local authoritY " means,-

(i) in relation to educational institution managed by a Zilla

Parishad,,t]neZillaParishadconstitutedundertheMaharashtraZilla Parishads and Panchayat Samitis Act' 1961 ;

(ri) in relation to educational institution managed by Municipal

Corporation,theMunicipalCorporationconstitutedunderthenomUay Municipal Corporation Act, the Bombay Provincial

Municiial Corporations Act, 1949, or as the case may be' the City

of Nagpur CorPoration Act, 1948 ;

HB 397-la

4

(iii) inreiation to educational institution managed by theMunicipal Councii, Nagar Panchayat or, as the case may be,Industrial Tor,vnship, the Municipal Council, Nog ar Panchayat orIndustrial Township constituted under the Maharashtra MunicipalCouncils, Nogar Panchayofs and Industrial Townships Act, 1965 ;

(iu) any other authority treated as local authority under anyother law ;

Mah.

5 XLofI 965.

(p) " management " 11gang.-(i) in the case of an educational institution managed by the

Government, the Government; 10

(ii) in the case of an educational institution managed by a localauthority, the local authority;

(iii) in an5,'other case, managing committee or the governingbody, by whatever name called, of an educational institution towhich the affairs of the educational institution are entrusted and, tswhere such affairs are entrusted to any person, by whatever nameor designaticrn called, includes such person ;

(q) " minority educational institution " means an institutionestablished and administered by minority having right to do so underclarrse (7) of article 30 of the Constitution of India ; 20

(r) " Parent-Teachers Association " means the Parent-TeachersAssociation constituted under section 4 ;

(s) " pre-prirnary school " means a school imparting education ofNursery, Junior Kinder Garten, Senior Kinder Garten ievel or anypre-primary school level bywhatever name called but does not include 25

a crdche ;

(/) " prescribed " means prescribed by the rules made under thisAct;

(tz) " rt'rnury school " means a schooi imparting education atStandards I to IVlevel; Bo

(u) " private educational institution " means any pre-primary,primary, secondary or higher secondary school, junior college orDiploma in Teachers Education CoIIege, whether aided or un-aidedestahlished , administered and maintained by an}, management whichhas received pennission or no objection certificate by the Governrnent 35under any law but does not include a school giving, providing orimparting religious instructions only ;

(ar) " profiteering " means any amount accepted in cash or kind,directly or indirectly which is in excess of fee ;

(r) " Revision Committee " means the Revision Committee 40constituted under section 11 ;

(y) " rules " means the rules made under this Act;(z) " secondary school " means a school imparting education at

StandardsVtoXlevel.

-)

C}I{PTERIi

Pnogrniuox op cor,LocrroN or Excsss FBa Axo DsrnRltrNerroN or,!-rs3. No educational institution itself or on its behalf shall collect any rlohibition of

fee in excess of the fee fixed under this Act. " :::,j:,,ij:,:,

4. ( 1) (a) Every private schooi shall constitute the parent-TeachersAssociation.

(b) The Parent-Teachers Association shar be formed by the head ofthe school within thirty days from the.beginning of the each academicyear. Parent of every student in the school shall be a member of theParent-Teachers Association and an annual amount of

'upees fifty, in

case of urban area and rupees twenty, in case of rural aiea, shall becollected from each member of such Association

(c) on formation of the Parent-Teachers Association, the election forconstitution of the Executive committee shali tre heid and notice of oneweek before such election shall be given to the members of the parent-Teachers Association.

(2) h) The Executive Committee shall consists of,--(l) Chairperson . . principal or Heacl Master

Parent-Tc ac h ersAssociation.

10

15

20

25

30

35

. . One from amongst the parents

. . One fi'om amongst the teachers

. . Both flom amongst parent.{.

. . One each from every divisionfrom amongst parent.

(b) out of the total members in the Executi'e committee, thereshall be at least one member from the scheduled castes, the ScheduiedTribes or Backward class of citizens to be rotated in the mannerprescribed and at least fifty per cent. of the meml:ers shall be women.

(c) The list ofmembers of the Executive committee shall be displayeclon the notice board within a period of fifteen da3rs fro* formation of theExecutive committee and copy thereof shall forthwith be forwarded tothe concerned Education Offrcer.

(d) The term of the Parent-Teachers Association shall be for theperiod of one academic year and no member of the Executive cornmitteeshall contest the election within the periocl. of five years since theformation of the Executive Cornmittee.

(e) The Executive committee shall rneet atleast once in a rnonth.The procedure to be followed for conducting the meeting of the Executivecornmittee shall be such as may be prescribed. The parent-TeachersAssociation shall discharge such duties and perform such functions asmay be assigned to it under this Act and as may be prescribed.

(rl) Vice-Chairperson(ill) Secretary(lu) T\ry'o Joint Secretaries(u) Member

6

Regulatio' of 5. It shall be competent for the Government to regulate the fee ino,,,,.,f;,s.,,f i the^Governrnent educaiional institutions and aided schools. The fee shall

educationar be fixed in the manner as may be determined by the Government.i n sti tu tir.rn s

and aidedschool s.

,:::*l:':yr],":: . 6. (/) The management ofthe private educationar institutions shau'--ijr.Iir",ii] be competent to regulate the fees in such institutions.institutiorrs (2) on the formation of the Executive committee, the management

of the school shall submit the details of the proposed fee atong #ith therelevant record to the Executive Committee for its approval atieast beforeeight months of the commencement of the next academic year. whilegiving the approval, the Executive Committee shall have authority todecide the amount of fee afresh.

(3) After considering all the relevant factors laid down under section9, the Executive committee shalr approve the fees within u pu*ioa oithirty days from the date ofreceipt ofthe details ofthe p"opo.ua f." urathe record under sub-section (2) and communicate thehetliis of theieeso approved in writing to the management forthwith. The details of thefee so approved by the Executive committee shail be displayej ";;h;notice board.

@) If the Executive Committee fails to decicle the fees within theperiod specified in sub-section (J), the management; shall immediatelyrefer the matter to the Divisional Fee Reguiatory Committee for itsdecision under intirnation to the Executive -Co,nmiitee

in srrch manneras may be prescribed. During the pendency of the reference, themanagement of school shall be at liberty to collect the proposed fee tillthe final decision of the Divisional Fee Regulatory commiitee.

15

(5) If the difference between the fees decided by the managementand the fees approved by the Executive committel is not more thanfifteen per cent., then the fees communicated by the Executivecommittee under sub-section (B) shall be binding orrih" managementand if the difference is more than fifteen pe"

"url1., then management B0

mayprefer an appeal to the Divisional Fee Regulatory committeelwithina period of thirty days from the date of such comrnunication under sub-section (3) in such manner as may be prescribed :

Provided that, the Divisional Fee Regulatory committee may entertainsuch appeal or reference after the exprry ofthe period ofthirty days, ifit rsis satisfied that there are sufficient reasons for not preferrinj an appealor reference within time.

(6)(a) The Divisional Fee Reguratory committee shall decide the3pp^e-al

as far as possible within the period of ninety days from the date ofits filing after giving the opposite party an opporiuniiy of being heard, 40

(b) while deciding the appeal or reference, the Divisionai FeeRegulatory committee_shall not grant any stay ro the fee proposed bythe managem-ent or, as the case maybe, the fee approved by the dxecutiveCommittee.

10

7

(c) On decision in appeal or reference, the Divisional Fee RegulatoryCommittee may pass appropriate orders for refund of the excess fee tothe student concerned. In case the managernent fails to refund the excess

fee to such student, the Divisional Fee Regulatory Committee shallproceed to recover such excess fee from the management as an arrearsof land revenue and pay the same to such student,

(d) The decision of the Divisional Fee Regulatory Committee inappeal or reference shall be displayed on the notice board ofthe concerned

school by the management.

(7) The management or the Executive Committee aggrieved by thedecision of the Divisional Fee Regulatory Committee in appeal orreference may, within thirty days from the date of such decision, preferan appeal before the Revision Committee in such manner as may be

preseribed,

7, (I ) The Government shall, by notification in the Official Gazette,

constitute a Divisional Fee Regulatory eomrnittee for each EducationDivision.

(2) The Divisional Fee Regulatory Committee shali consist of thefollowing members, namely :-

(o) A retired District Judge, nominated bythe Government in consultation with theHigh Court.

Chairperson,

(b) Divisional Chairman ofthe Maharashtra State Member.Board ofSecondary and Higher SecondaryEducation.

(c ) A Chartered Accountant or Cost and Works Member'Accountant

(d) Retired Head of Central Board of School Member.Education or Indian Certificate of SecondaryEducation or any other Board or theirnominees not connected directly or indirectlywith any educational institution, or retiredofficer not below the rank of Joint Director ofEducation of the Government.

(e) Regionai Deputy Director of Education Ex offieioMember -

Secretary.

(3) Every appointment of a member under clauses (e ) and (d) ofsub-section (2) shall be made by the State Government on therecommendation of the Selection Comnrittee.

(4) The State Government shall constitute a Selection Committeeconsisfing of the following, namely :-

Constitutionof DivisionalFces

I{egulatoryf'ornrnittec.

8

Chairperson of the Revision Cornmittee. Chairperson.

The Principal Secretary, La.w and Judiciary MemberDepartment.

(c) The Secretary, in charge of the SchoolEducation Department.

Member:

Provided that, where the Chairperson of the Revision Comrnittee is,by reason of absence or otherwise. una-bie to act as a Chairperson of theSelection Committee, the Chairperson acting as such under the provisoto sub-section (2) ofsection 11 shall act as a Chairperson.

8. (l) The term of office of the Chairperson and members of theDivisional Fee Regulatory Committee shall be for a period of three yearsfrom the date of their nomination and in case ofvacancy arising earlier,for any reason, such vacancy shall be filled for the remainder period ofthe term.

(2) The Chairperson and the members of the Divisionai FeeRegp:Iatory Committee shall not be eligible for re-appointment.

(3) The Chairperson or a mernber of the Divisional Fee RegulatoryCommittee may resign from the office in writing addressed to theGovernment and on such resignation being accepted, his office shallbecome vacant and may be filled in rvithin a period of three months fromthe date ofoccurrence ofvacancy.

(4) T'he Cirairperson or a raember of the Divisional Fee RegulatoryCommittee shail be removed, if'he does any act which, in the opinion ofthe Government, is unbecoming of a member or Chairperson of suchCommittee. The Chairperson or a member so rernoved shall not beeligible for: re-appointment on such Committee :

Provided that, no Chairperson or member shall be removed from theDivisional Fee Regulatory Committee without giving him an opportunityofbeing heard.

(5) The salaries and allowances to be paid to the Chairperson andmembers of the Divisional Fee Regulatory Committee shail be such asrnay be prescribed.

(6) A person shall be disqualifred for appointment as the Chairpersonor member of the Divisional Fee Regulatory Committee, if such person,-

(rz) has been convicted and sentenced to imprisonment for anoffence which, in tire opinion of the Govelnment, involves moralturpitude, or

(b) is an undischarged insoivent ;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 theGovernm-ent, or

@)

(6)

Term olofficc of

flha i rpersonand other

memhers olDivisional

FeeRegulatorv

flornmittee.

10

15

20

25

30

40

gi'l

l,i

Factors fordeterminationof fee.

10

15

20

25

l0

(3) The Divisional Fee Regulatory committee shall regulate its ownprocedure, for the discharge ofits functions, and shall, for the purposeof making any inquiry under this Act, have all powers of a civil c-ourtundcr the oode of civil Procedure, 1908 while trying a suit, in reepect ofthe following mattors, namely :-

(d) the summoning and enforcing the attendance of any witneesand examining him on oath ;

(dd) the discovery and production of any document ;

(dli) the reception nfevidence on aftidavita ;

5of6 190t,

Conrtltutionof RcvisionCommittee.

(lu) the issue of commiseion for the examination of the witness. 10

(4) No judicial order shall be passed by the Divisional Fee Regulatoryoommittee in the absence ofthc chairperson. The order of the DiviaionalFee Regulatory Committee shall be binding on the parties to theproceedings before it for three academic yearg. It shall not be called inquestion in any civil court except by way of an appeal before the Revision taeommittee conetituted under thie Act.

(5) At the time ofresolving the dispute, the Divisional Fee RegulatoryCommittee ehall not grant any interim stay to the fee determined bythc school management, On deciaion in appeal or reference, theDivisional Fce Regulatory committeo may pasg appropriate ordere for 20refund ofthe excess fee to the etudent concerned. In caee the managementfails to refund the exceae fee to euch student, the Divieionil FeeRegulatory Oommittee ahall proceed to recover such excesB fee fromthe management as an arrears of land levenue and pay the eame toauchstudent. 26

(6) The Divisional Fee Regulatory Committeo ehall on determiningthe fee leviable by a private school, communicate its decision to theparties concerned.

(D The Divisional Fee Regulatory Committee shall indicate thedifferent heads under which the feb shall be levisd, so

(.€l tl,u orders passed by the Divisional Fee Regulatory Committeeshall be binding on the private school for three academlc year;, At theend of the raid period, the private echool shall be at liberty to revise itsfee structure by following thc procedure ae laid down under this Act.

ll. (I) ThestateGovemmentshallconstituteaRevieionoommittee 86in the state, by notification in the officiol Gazette,which shall concist ofthe following members, namely.-

(o) A retired High Court Judge nominated by the Chairperson.Government in coneultation with the Higheourt. $)

(b) Anyretiredpcrsonholdingthepostof MemberDircctor of Education or equivalent pout orrctired Head of thc Oentral Board of SehoolEdueation or Indian Certificate ofSecondaryEdueation or othersuch Boarda. 4E

lt

(c) A Chartered Accountant or Costs and Works MemberAccountant.

(d) Joint Director of Education (Secondary and Ex officioHigher Secondary), Directorate of Education, Member-

5 Maharashtra State, Pune Secretary.

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

10 (o) Chairperson of the Revision Committee. Chairperson.

(b) ThePrincipalSecretary,Lawand Member.Judiciary Department.

(c) The Seeretary, in charge of the School Member:Education Department.

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

20 12. (I) Ttre provisions of sub-section (6) of section 6, section $ 31d Application

sub-sections(2)to(7)ofsection 10shall, mutatismutandis,applytothe ;:.ffJ[[ ",Revision Committee. Divisional

(2) The decision of the Revision Committee shall be final and [i'*r,u,o.,conclusive and shall be binding on the parties for three academic years. commiuee

25 At the end of the said period, the private school may be at Iiberty lo tle.

to revise its fee structure by following the procedure as laid down ; :ilt#L.".section 6.

13. No suit, prosecution or other legal proceedings shall lie against Protection of

the Chairperson or member of the Divisional Fee Regulatory Committee illhtffi.30 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 intendedto be done by such Chairperson, member, officer or person under thisAct or under any rule or order made thereunder.

CIIAPTERIII35 Rpcu,erroNorAccouruseNoMaNrsNANcnorRoconos

14. The Goverrrment shall regulate the maintenance of accounts by Regulation of

the private educational institution in such manner as may be prescribed. accounrs'

15. ?he private educational institution shall maintain such recol'fls Maintenance

and in such manner as may be prescribed. of records'

HB 397-2a

!.,rlii:"r!.'

:12

,i,,,, o'i I,QHA.BIER {V,,,,,,OpppNcps exo PpNar.rms

Offences andpenalties.

Offences bymanagement.

,:. i rr'

',1 :' '.ti

t3

19. No court shall take cognizance of any offence punishable underthis Act except with the sanction of the Government or such offrcer asthe Government may authorise in this behalf.

20. Every offence under this Act shall be cognizable and non-bailable.

5 CHAPIERV

Mrscplmuoous

21. The State Government may issue to any educational institutionsuch general or special directions, consistent with the provisions ofthisAct and the rules made thereunder, as in its opinion are necessary or

10 expedient for carrying out the purposes of this Act or for giving effect toany of the provisions contained therein or in any rules or orders madethereunder and the management of the educational institution shallcomplywith every such direction.

22. (1) The State Government may, by notification in the OfficiatL5 Gazette and subject to the condition of previous publication, make rules

for carrying out all or any ofthe purposes ofthis Act.(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 isin session for a total period of thirty days, which may be comprised in

20 one session or in two successive sessions, and if, before the expiry ofthesession in which it is so laid or the session immediately following, boththe Houses agree in making any modification in the rule or both theHouses agree that the rule should not be made, and notifr their decisionto that effect in the Official Gazette, the rule shall, from the date of

25 publication of such decision in the official Gazette, have effect only insuch modified form or be of no effect, as the case may be, so howeverthat, any such modification or annulment shall be without prejudite tothe validity of anything previously done or omitted to be done underthat rule.

30 23. The provisions of this Act or the rules and orders made or issuedthereunder, shall have effect notwithstanding anybhing inconsistenttherewith contained in any other law for the time being in force or inany instrument having effect by virtue of such law.

24. (l ) If any difficulty arises in giving effect to any of the provisions3s of this Act, the State Government may, as occasion arises, by an order

published in the official Gazette, do anything not inconsistent with theprovisions of this Act, which appears to it to be necessar5r or expedientfor the purpose of removing the difficulty :

Provided that, no such order shall be made after the expiry of a period+0 of twoyears from the date of commencement of this Act.

(2) -Every order made under sub-section (I) shall be laid, as soon asmay be after it is made, before each House of the state Legislature.

Power tomake rules.

Cognizanceof offences.

Offence to be

cognizable andnon-bailable.

Power toissue

directions

Act to have

overridingeffect.

Power toremovedifficulties.

l'5

STATEMENT OF OBJECTS A].lD REASONS

The undesirable practice of charging exorbitant fees from the studentsby the educational institutions is on increase in the State. Thieundesirable practice has been contributing to a large acalecommercialisation of education and frustration among meritorious andindigent studente. The National Policy of Education envisages that thecommercialization of education and profiteering by the educationalinetitutions should be curbed. With a view to effectively curb thisundeairable practice of charging of exorbitant fees and tendency ofcommercialization of education which reeults in frustration among themeritorious and indigent students, the Government considers itexpedient to regulate the collection of fee by the educational institutions,such as Pre-Primary, Primary, Secondary arrd Higher SecondarySchoole, Junior Colleges and Diploma in Teachers Educationcolleges, by enacting a suitable legielation in that behalf,

2, Hence thie BiU.

Mumbai,

Dated the l9thApril 2011.

RA.IEI{DRA DANDA

Minieter for School Education.

,. t7

MEMORANDIJM REGARDING DELEGATED LEGISI,{TION

The BiIl involves the following proposals for delegation of legislativepower, namely:-

Clause /(3).-Under this clause, power is taken to the StateGovernment to bring the Act into force on such date as it may, bynotification in the Official Gazette, appoint.

clause 2(h).-TJnder this clause, power is taken to the stateGovernment to notify, by notifrcation in t}re official Gazette, thie

Education Division for the purposes of the Act.

Clause 4@@ and. (e).-rJnder this clause, power is taken to the

State Government to Prescribe,-(o) the manner of rotation of the Scheduled Castes, the

scheduled Tribes or Backward class of citizens for inclusion as a

member of the Executive Committee;

(b) the duties and functions of the Parent-Teachers Association

other than those assigned under the Act-

Clause 6(7).-Under this clause, power is taken to the StateGovernment to prescribe the manner in which appeal is to be filedbefore the Divisional Fee Regulatory Committee.

Clause 7(l)._.Urlder this clause, power is taken to the StateGovernment to constitute, by notification in the Official Gazette, a

Divisional Fee Regulatory committee for each Education Division.

Clause 8(1) and (O(fl._Ur,ider this clause, power is taken to theState Government to Prescribe,-

(o) the salaries and allowances to be paid to the chairpersonand the members of the Divisional Fee Regulatory Committee ;

(b) the disqualifications other than those mentioned insub-clause (6) for a person who may be disqualifred for being

appointed as a chairperson or a member of the Divisional Fee

Regularity Committee.

Clause g@ft)._.Under this clause, power is taken to the State

Government to prescribe any other factor other than those mentioned

in sub-clauses (o) to Qr) of sub-section (7) which may be taken intoaccount by the Divisional Fee Regularity committee whiledetermining the fee leviable by the private educational institution.

Clause 11(l)._lJnder this clause, power is taken to the State

Government to constitute, by notification in the Official Gazette,theRevision Committee in the State .

Clause 12(1).-TJtder this clause, power is taken to the State

Government to prescribe,-- (a) the salaries and allowances to be paid to the Chairpersonand members of the Revision Committee;

(c.c.P) HB 397-3 (900-4-2011)

18

(6) the disqualifications other than those mentioned in sub-clauses (a) to G) of sub-section (6) for a person who may bedisqualified for being appointed as a Chairperson or a member ofthe Revision Committee.

Clause /4.-Under this ciause, power is taken to the StateGovernment to prescribe the manner in which the Government shallregulate the maintenance of accounts by the private schools.

Clause 15.-Under this clause, power is taken to the StateGovernment to prescribe the records and the manner in which suchrecord shall be maintain by the private educational institutions.

Clause /8.-Under this clause, power is taken to the StateGovernment to authorize any officer to give sanction to take cognizanenofany offence.

Clause 2l.-Under this clagse,power is taken to the Governmentto issue general or special direction to any educational institution forcarrying out the purposes of this Act.

Clause 22(1).-Under this clause, power is taken to the StateGovernment to make the rules, by notification in the Official Gazette,for carrying out all or any of the purposes of the Act.

Clause 24,-Under this clause, power is taken to the StateGovernment to make an order within a period of two years from theappointed day for removing the difficulty which may arise in givingeffect to the provisions of the Act.

2. Ihe above-mentioned proposals for delegation oflegislative powerare of normal character.

l9

FINANCIAL MEMORANDIIM

The Bill involves proposal for constitution of a Divisional FeeRegulatory committee at the Education Division level and the RevisionCommittee at the State level. The Chairperson and members of boththe Committees include the retired District Court and retired judges ofthe High Court, Chartered Accountants or Costs and Works Accountantsand the Government officials. Both the Committees will requireexpenditure on account ofsalary and allowances ofthe Chairperson andnon-official members of the Committees and staff and otheradministrative expenses from the Consolidated Fund of the State. It isnot possible to determine exact financial liability on this account at thisstage. However, expenditure may have to be incurred from theConsolidated Fund of the State, as and when necessary by theGovernment for the purposes of this Act.

HB 391-3a

2l

GOVERNOR'S RECOMMENDATION UNDER ARTICLE 207 OFT}IE CONSTITUTION OF INDIA

(Copy of Government of Maharashtra Order,Law and Judiciary DePartment)

' In exercise of the power conferred upon him by clause (3) of Articie207 of the Constitution of India, the Governor ofMaharashtra is pleased

to recommend to the Maharashtra Legislative Assembly, theconsideration of the Maharashtra Educational Institutions (Regulation

of Collection of Fee) Bill, 2011.

MAHARASHTRA LEGISLATURESECRETAR,IAT

t L. A. BILL No. )O(IV OF 2011.1

tA Bitl to provide for the regulation ofcollection of fee by educational

institutions in the State of Maharashtraand for matters connected therewith

and incidental thereto.I

ISrm R*rBuone DARoe,

Minister for School Education.l

DN. ANANT KALSE,

Principal Secretary,

Maharashtra Legislative Assembly.

GOVERNMENT CENTRAL PRESS, MUMBAI