Preliminary .

(Act No.14 of 2016)

(Received the assent of the Governor on the 25th day of April, 2016)

An

Act

to provide for the regulation of collection of fee by schools in the State of Rajasthan and matters connected therewith and incidental there to.

Be it enacted by the Rajasthan State Legislature in the Sixty-seventh Year of the Republic of India, as follows:-

S.1 Short title, extent and commencement.

(1) This Act may be called the Rajasthan Schools (Regulation of Fee) Act, 2016.

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

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Definitions.

In this Act, unless the context otherwise requires-

(a) "academic year" means any period of twelve months prescribed as such and different academic years may be prescribed for different class of schools:

(b) "aided school" means a school receiving any sum of money as aid from the State Government;

(c) "Deputy Director" means the Deputy Director of Education or any equivalent officer working under the Director of Elementary Education/Director of Secondary Education, designated as such by the State Government, or Deputy Director of any other Directorate of the State Government, entrusted with the task of supervision of the schools imparting any kind of education in the State;

(d) "Director" means the Director of Education of any equivalent officer designated as such by the State Government: and includes the, Director of Education (Elementary), Director of Education (Secondary),

S.3 Prohibition of collection of excess fee.

No school itself or on its behalf shall collect any fee in excess of the fee fixed or approved under this Act.

S.4 Parent-Teachers Association

(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. Every teacher of the school and 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, a lottery shall be conducted by drawing a lot of the willing parents to constitute the School Level Fee Committee and a notice of one week before such lottery shall be given to the member of the Parent-Teachers Association.

(2)(a) The School Level Fee Committee shall consist of;

(i) Chairperson Representative of management of

S.5 Fixation of Fee in Government Schools and aided Schools.

The Government shall fix the fee in Government schools and aided schools in the manner as may be determined by the Government.

S.6 Regulation of Fees in private Schools

,-(1) The management of the private schools shall be competent to propose the fee in such schools.

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

(3) After considering all the relevant factors laid down under section 8, the School Level Fee Committee shall approve the fee 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 School Level Fee committee shall be displayed on the notice board in Hindi, English and in the respective medium of school, an

S.7 Constitution of Divisional Fee Regulatory Committee.

(1) The Government shall, by notification in the Official Gazette, constitute a Divisional Fee Regulatory Committee for each Revenue Division, which shall consist of the following members namely-

(a) Divisional Commissioner, Chairperson

(b) Deputy Director, Secondary Education Member

(c) Nominee of Director Sanskrit Education Member

(d) Treasury Officer of District Treasury situated at Revenue Division Headquarter Member

(e) Deputy Director, Elementary Education Ex-officio Member Secretary

(f) Two representatives of private schools nominated by Divisional Commissioner Member

(g) two representative of parents nominated by Divisional Commissioner Member

(2) (a) The term of office at the representatives of private schools and parents shall be for a period of two years from the date of their no

S.8 Factors for determination of fee

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 website of the school;

(c) the education standard of the school as the State Government 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. Other Backward Class and Special Backward Class students;

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

S.9 Powers and functions of Divisional Fee Regulatory Committee

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

(2) The Divisional Fee Regulatory Committee may authorize any officer not below the rank of the Head Master of Secondary School to enter any private school 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 (Central) Act No.2 of 1974) relating to searches and seizure shall apply, so far as may be, to searches and seizures under

S.10 Constitution of Revision Committee.

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

(a) Secretary incharge of the Department of Elementary Education Chairperson;

(b) Secretary incharge of the Department of Secondary Education or his nominee Member

(c) Commission/Director of Secondary Education Department, Rajasthan Member

(d) Commissioner/Director of Elementary Education Department, Rajasthan Member

(e) Commissioner/Director of Sanskrit Education, Rajasthan Member

(f) Two representatives of private schools nominated by the State Government Member

(g) two representatives of parents nominated by the State Government Member

(h) Accounts Officer of the Education Department Member

(i) Senio

S.11 Application of certain provisions of Divisional Fee Regulatory Committee to the Revision Committee

(1) The provisions of sub-section(6) of section 6 and sub-sections (2) to (8) of section 9 shall mutatis mandis 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 three 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.

S.12 Protection of action taken in good faith

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

S.13 Regulation of accounts

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

S.14 Maintenance and penalties

(1) Whoever contravenes any of the provisions of this Act or the rules made thereunder shall on conviction :-

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

(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 repeatdly contravenes the provision of this Act or the rules made thereunder shall be ineligible for holding official post in any management or s

S.15 .

S.16 Offences by management

(1) Where an offence under this Act or rules made thereunder is committed by management, every person, who, at he 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 the 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 with the consent or connivance of, or is attributed to any neglect on the part of any office bearer, officer of servant of the management such officer bea

S.17 Cognizance of offence

No Court shall take congnizance of any offence punishable under this Act except on a complaint filed by such officer, not below the rank of Deputy Director of Education, as the Government my authorize in this behalf.

S.18 Power to issue directions

The State Government may issue to any school such general or special directions consistent with the provision 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 school shall comply with every such direction.

S.19 Power to make rules

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

(2) Every rule made under this section shall be laid as soon as may be after they are made, before the House of the State Legislature while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and it, before the expiry of the session in which they are so laid or the session immediately following the House of the State Legislature makes any modification in any such rule or resolve that any such rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annualment shall be without prejudice to the validity of anything previously done thereunder.

S.20 Act in addition to and not in derogation of any other Act

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

S.21 Power to remove difficulties

(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 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 the Hose of the State Legislature.

S.22 Repeal and saving

The Rajasthan Schools (Regulation of Collection of Fee) Act, 2013(Act No.14 of 2013) is hereby repealed.