TAMIL NADU SCHOOLS (REGULATION OF COLLECTION OF FEE) ACT, 2009
(1) This Act may be called the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint.
In this Act, unless the context otherwise requires,--
(a) "academic year" means the year commencing on the first day of June to the last day of May;
(b) "aided school" means a school receiving any sum of money as aid out of the State funds;
(c) "committee " means the Committee constituted under Section 5;
(d) "District Committee" means the Committee constituted under Section 11;
(e) "fee " means any amount, by whatever name called, collected directly or indirectly by a school for admission of a pupil to any standard or course of study;
(f) "Government" means the State Government;
(g) "Government School" means a schoo
(1) No Government school or aided school shall collect any fee in excess of the fee fixed by the Government for admission of pupils to any Standard or course of study in that school.
(2) No fee in excess of the fee determined by the committee under this Act shall be collected for admission of pupils to any Standard or course of study in a private school,--
(a) by any person who is in charge of, or is responsible for, the management of such private school; or
(b) by any other person either for himself or on behalf of such private school or on behalf of the management of such private school.
(3) The fee collected by any school affiliated to the Central Board of Secondary Education shall commensurate with the facilities provided by the school.
The Government shall fix the fee for admission of pupils to any Standard or course of study in Government schools and aided schools.
(1) The Government shall constitute a committee for the purpose of determination of the fee for admission to any Standard or course of study in private schools.
(2) The committee shall consist of the following members, namely:--
(3) The term of office of the Chairperson shall be for a period of three years from the date of his nomination and in the case of vacancy arising earlier, for any reason, such vacancy shall be filled for the remainder of the term.
(4) The Chairperson shall be eligible to draw such rate of sitting fee and travelling allowance as may be applicable to a First Class Committee.
(5) No act or proceeding of the committee shall be invalid by reason only of the existence of any vacancy in, or any defect in, the constitution of the co
(1) The committee shall determine the fee leviable by a private school taking into account the following factors, namely:--
(a) the location of the private school;
(b) the available infrastructure;
(c) the expenditure on administration and maintenance;
(d) the reasonable surplus required for the growth and development of the private school;
(e) any other factors as may be prescribed.
(2) The committee shall, on determining the fee leviable by a private school, communicate its decision to the school concerned.
(3) Any private school aggrieved over the decision of the committee shall file their objection before the com
(1) The powers and functions of the committee shall be,--
(a) to determine the fee to be collected by private schools;
(b) to hear complaints with regard to collection of fee In excess of the fee determined by it or fixed by the Government, as the case may be. If the committee, after obtaining the evidence and explanation from the management of the private school or aided school concerned or from the Government school, comes to the conclusion that the private school or the Government school or aided school has collected fee in excess of the fee determined by the committee or fixed by the Government, as the case may be, it shall recommend to the appropriate competent authority for the cancellation of the recognition or approval, as the case may be, of the private school or aided school or for any other course of action as it deems fit in
The Government may regulate the maintenance of accounts by the private schools in such manner as may be prescribed.
(1) Whoever contravenes the provisions of this Act or the Rules made thereunder shall, on conviction, be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend to five thousand rupees:
Provided that the Court may, for any adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.
(2) The person convicted under this Section shall refund to the pupil from whom the excess fee was collected in contravention of this Act, such excess fee.
(1) Where an offence against any of the provisions of this Act have been committed by a Company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the Company for the conduct of the business of the Company, as well as the Company, 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 such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivanc
(1) There shall be a District Committee in every revenue district, which shall consist of the Chief Educational Officer of the district as Chairperson and such other members as may be prescribed.
(2) The District Committee or any member of the said committee authorised by it in this behalf may, at any time, during the normal working hours of any private school, enter such private school or any premises thereof or any premises belonging to the management of such private school if it or he has reason to believe that there is or has been any contravention of the provisions of this Act or the Rules made thereunder and search and inspect any record, accounts, register or other document belonging to such private school or of the management, in so far as any such record, accounts, register or other document relates to such private school and seize any such record, accounts, register or ot
No Court shall take cognizance of any offence under this Act except with the sanction of the Government or such officer as the Government may authorise in this behalf.
Save as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
No Suit, prosecution or other legal proceeding shall be instituted against the committee or its members, Government or any officer, authority or person empowered to exercise the powers or perform the functions by or under this Act for anything which is in good faith done or intended to be done under this Act or the Rules made thereunder.
If any difficulty arises as to the first constitution of the committee after the date of commencement of this Act or otherwise in giving effect to the provisions of this Act, the Government may, by notification, make such provision, not inconsistent with the provisions of this Act, as may appear to them to be necessary or expedient for removing the difficulty:
Provided that no such notification shall be issued after the expiry of five years from the date of commencement of this Act.
(1) The Government may make Rules for carrying out all or any of the purposes of this Act.
(2) Every Rule made or notification issued under this Act shall, as soon as possible after it is made or issued, be placed on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such Rule or notification, or the Assembly decides that the Rule or notification should not be made or issued, the Rule or notification 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 annulment shall be without prejudice to the validity of anything previously done under that Rule or notification.
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