In exercise of the powers conferred by
Section 29 read with Sections 20A, 20B and 20C of the Jammu and Kashmir School
Education Act, 2002, the Lieutenant Governor Union Territory of Jammu and
Kashmir hereby makes the following rules namely: (1)
These
rules may be called the Jammu and Kashmir Private Schools (Fixation,
Determination and Regulation of Fee) Rules, 2022. (2)
They
shall come into force at once. In these rules, unless the context otherwise
requires,- (a)
"Act"
means the Jammu and Kashmir School Education Act, 2002; (b)
"Affiliating
body" means the Jammu and Kashmir Board of School Education, the Central
Board of School Education (CBSE) or any other Examination body which has been
set up by a legislative enactment to which the said school is affiliated or any
other body which the Government has permitted to conduct examination and grant
certificates; (c)
"Appropriate
Authority" means the Administrative Department of School Education; (d)
"Chairperson"
means the Chairperson of the Committee; (e)
"Committee"
means the Committee constituted under section 20A of the Act; (f)
"Fee"
means any fee as has been defined under section 20(E) of the Act; (g)
"Fee
Determination" is the process of class-wise fee fixation, determination
and regulation by the Committee; (h)
"Government"
means the Government of Union Territory of Jammu and Kashmir; (i)
"Guardian"
means a person having care and custody of the child and includes a natural
guardian or guardian appointed or declared by a court or a statute; (j)
"Parent"
means either the natural or step or adoptive father or mother of a child; (k)
"Processing
fee" means the amount as prescribed by the Committee for the purpose of
processing the application for fixation, determination and regulation of fee
for a private school; (l)
"Proforma"
means a format for obtaining information from private schools as may be
prescribed by the Committee. (m)
"Private
School" means an- (a)
unaided
School, not receiving any kind of aid or grant to meet its expenses from
Government or the local authority, which has been permitted to set up by a
competent authority and recognized to impart education by the Government or any
other authority as may be prescribed by the Government and is affiliated with
the affiliating body; (b)
aided
private school which is recognized by and is, or has been receiving a grant in
aid from the Government or any other local authority; (n)
"Society"
means society as registered under the Societies Registration Act, 1860 or any
other Act; (o)
"Sub
Committee" means Divisional or District level Committee as may be
constituted under Section 20(H) of the Act; (p)
"Trust"
means a trust as registered under Indian Trust Act, 1882. (1)
The
Committee constituted under Section 20A of the Act, shall consist of:- (a)
a
Chairperson who has been a Judge of a High Court or a Government Officer who
has been a Financial Commissioner of the Union Territory of Jammu and Kashmir
or above; (b)
Administrative
Secretary to Government School Education Department-Member Secretary; (c)
A
representative of the Jammu and Kashmir Board of School Education not below the
rank of Secretary-Member; (d)
Director
of School Education Kashmir/Jammu-Member by rotation as per the Headquarter of
the Committee; (e)
The
Chairperson may co-opt any other independent person of repute or a
representative of a recognized School Association as an expert member, but the
total number of members of committee shall not exceed five. (f)
If
any vacancy accrues due to non availability of a member, it will be filled by
the Government. (g)
Any
member who has been co-opted/nominated shall draw such remuneration and
allowance such as TA/DA as is admissible to the Government Servants of the rank
of Class-I Officers, under the prevalent rules; (h)
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
Committee. (1)
The
Chairperson shall hold office for a term of three years from the date on which he
enters upon office and in the case of a vacancy arising earlier, for any
reason, such vacancy shall be filled for the remainder of the term : Provided that he may by writing under his
hand resign his office any time during the tenure of his office. (2)
The
salary, allowances, perquisites, perks and other conditions of service of the
Chairperson shall be the same as those of a sitting Judge of the High Court, in
the case he has been a Judge of any High Court; and as those of a Financial
Commissioner in case he has been a Financial Commissioner of the Union
Territory of Jammu and Kashmir or above : Provided that if the Chairperson is, at the
time of his appointment, in receipt of a pension (other than a disability or
wound pension) in respect of any previous service under the Government of India
or under the Government of a State, his salary in respect of service as the
Chairperson be reduced : (i)
By
the amount of that pension; and (ii)
If
he has, before such appointment, received, in lieu of a portion of the pension
due to him in respect of such previous services, the commuted value thereof, by
the amount of that portion of the pension : Provided further that the salary, allowances
and other conditions of service of the Chairperson shall not be varied to his
disadvantage after his appointment. (3)
The
Government may extend the term of the Chairperson for such period as may deem
fit and proper. (a)
The
Powers of the Committee shall be (a)
To
fix, determine and regulate the fee to be charged and collected by a private
school; (b)
To
hear complaints with regard to the charging and collection of fee in excess of
the fee determined by it. If the Committee, after obtaining the material comes
to the conclusion that the Private School has charged and collected fee in
excess of the fee fixed, determined and regulated by the Committee, it shall
recommend to the appropriate authority for the cancellation of the recognition
or registration of the Private School or for any other course of action as it
deems fit in respect of the Private School. Any such recommendation made by the
Committee shall be implemented by the appropriate authority within a reasonable
time as per procedure laid down; (c)
Require
each Private School to place before the Committee the proposed fee structure of
such school with all relevant documents and books of accounts for scrutiny
within such date as may be specified by the Committee; (d)
Obtain
from the Private School any such information as may be required by it for the
examination of the fee structure of the Institution; (e)
Verify
whether the fee proposed by the Private School is justified and it does not
amount to profiteering or commercialisation of education; (f)
Approve
the fee structure or fix and determine some other fee that can be charged by
the Private School; (g)
Verify
whether the fee collected by the Private School affiliated to the affiliating
body commensurate with the standard of education and other related facilities
provided by the Private School; (h)
To
recommend the appropriate authority for disaffiliation of the Private School,
if it comes to a conclusion that the private school has charged and collected
highly excessive fee; (i)
The
Committee shall have the power to regulate its own procedure in all matters
arising out of the discharge of its functions, and shall for the purpose of
making any inquiry under these rules, have all the powers of a Civil Court
under the Code of Civil Procedure, 1977 while trying a suit, in general, and in
particular in respect of the following matters, namely: (i)
Summoning
and enforcing the attendance of any witness and examining him on oath; (ii)
The
discovery and production of any document; (iii) The receipt of
evidence on affidavits; (iv) The issuing of any
commission for the examination of a witness. (j)
The
Committee shall, on fixing and determining the fee leviable by a Private
School, communicate its decision to the Private School concerned. (k)
The
Committee shall indicate the different heads under which the fees shall be
levied. (a)
The
Committee shall fix and determine the fee for each Private School separately as
per the procedure mentioned in these rules. (b)
The
fee fixed and determined by the Committee having regard to relevant factors
shall be binding on the Private School; (c)
The
fee fixed and determined by the Committee shall be valid for a period of three
(03) years. However, in case a school seeks any modification in the fee
structure fixed and determined by the Committee within the prescribed time
period, it shall apply to the Committee for the same. The Committee, shall, while determining the
fee leviable by a Private School, in addition to the factors specified in
Sub-Section (1) of Section 20D of the Act, also take into account, the
following factors, namely : (i)
The
location of the Private School; (ii)
The
available infrastructure; (iii) The expenditure on
administration and maintenance; (iv) The reasonable
surplus required for the growth and development of the Private School; (v)
Performance
of the Private School; (vi) Grant-in-aid received
by the Private School; (vii) Availability of
modern technology and appliance thereof; (viii) Any other fact as may
be prescribed by the Committee. (ix) The locality of the
Private School, namely, Rural area, Town Panchayat, Municipality, District
Headquarters, Corporation. (x)
Strength
of the students; (xi) Classes of study; (xii) Results of students
achieved; (xiii) Status of the Private
School, as indicated below : (a)
Private
Schools having minimum infrastructure facilities as prescribed by the
Government from time to time; (b)
Private
Schools having infrastructure facilities more than that prescribed (i)
Private
Schools having more than the minimum requirement of the lab, a greater number
of library books, classroom facilities, and other sanitary and drinking water
facilities or any other facility; (ii)
Private
School having more than adequate classroom facilities, lab facilities, library
area, number of books, very good sanitation facilities, highly protected
drinking water facilities, and other sanitary facilities together with a high
percentage of results; (iii) Private Schools are
fully equipped with modern facilities like Air Conditioner/Centrally heating,
smart classes or any other facility. (a)
The
Private School shall submit a proposal to the Committee on the proforma as may
be prescribed by the Committee. The proposal for fixation, determination and
regulation of fee for next year shall be submitted three months before the next
academic year starts; (b)
The
Private School shall pay such amount towards the processing fee, as may be prescribed
by Committee, along with the proposal; (c)
The
proposal shall contain all the requisite documents as specified in the
prescribed proforma including audited accounts of last three years. (d)
In
case a Private School fails to submit a proposal within the prescribed time
limit or submits an incomplete proposal for fixation, determination and
regulation of the fee (i)
The
Committee shall recommend to the appropriate authority to bar the Private School
from taking any new admission for next academic year or to impose a five
equivalent to 10 percent of the total revenue generated by the Private
School/Society/Trust/Person of individual in the preceding year, as applicable; (ii)
In
addition, the Committee may recommend to the appropriate authority for taking
the following actions : (a)
to
take over the Management of the Private School until it submits a proposal and
once the management of the Private School has been taken over, the Government
shall appoint an Administrator not below the rank of Sub-Divisional Magistrate
as Administrative Head of the Private School to ensure its smooth functioning
at the cost of School's fund. During this period, no further
developmental/procurement/construction activities shall be taken up in the
Private School except activities related to education and safety of children; (b)
the
appropriate authority may withdraw permission and the recognition of the
Private School as per the procedure laid down; (1)
Every
Private School shall keep separate accounts for different kinds of
transactions, namely fees collected, grants received, financial assistance
received, payments of salary to staff, purchase of machinery and equipment,
laboratory articles, library books, stationery and other expenditure incurred. (2)
Every
Private School shall keep the registers, accounts, and records within the
premises of the Private School. They shall be made available at all reasonable
times for inspection by an officer(s) as may be nominated by the Chairperson. (3)
Accounts
maintained by a Private School together with all vouchers relating to various
items or receipts and expenditure shall be preserved by that Private School
until the audit of accounts is over and objection, if any, raised is settled. (4)
An
officer of the Committee, authorized by the Committee shall, at all reasonable
times, have free access to the books, registers, accounts, records, documents,
securities, cash and other porperty belonging to or in the custody of every
Private School and may summon any person in whose possession they are, to
produce the same; (5)
An
officer who has made inspection of any Private School under Sub-Rule (4) above
shall send a report with relevant records to the Chairperson of the Committee
within one week thereafter. (1)
Every
Private School shall submit to the Committee an annual financial statement
audited and certified by a Chartered Accountant duly attested by the Principal/
Chairman of the School for the period ending with 31st of March of every year,
not later than the 1st day of July of every year or within such further time as
may be permitted by the Chairperson; (2)
In
addition to the returns referred to in Sub-Rule(1) above, every Private School
shall within such time, or within such extended time, as may be fixed by the
Chairperson furnish such returns, statistics or other information that may be
required, from time to time by him. (1)
There
shall be a District Committee in every district, which shall consist of the
Chief Education Officer of the district as Chairperson and such other members
as may be appointed by the School Education Department; (2)
The
District Committee shall exercise such powers and functions as may be
prescribed by the Government. (a)
The
parents may submit a written complaint to the chairperson for non compliance of
order of the Committee; (b)
The
Chairperson may take suo-motu cognizance to examine the compliance of the
orders of the Committee; (c)
After
receiving complaint under Sub Rule (a), the Chairperson shall examine the
complaint and the compliance of the order of the Committee as a whole, within a
period of fifteen days, after affording a reasonable opportunity to the parties
concerned; (d)
If
found guilty, the Chairperson shall issue directions to the Private School
Management to implement the fee-determination orders of the Committee. Provided that the Chairperson may issue a single
direction for one or more complaints received against a single Private School
within a stipulated time of 15 days; (e)
In
case a Private School is found charging excess money against the
fee-determination order, the Chairperson shall order the Private School to
refund the excess amount of fee charged from to the Student/Parent within 30
days; (f)
On
non-compliance of the order of the Committee/Chairperson, the Chairperson shall
impose a fine on Private School equivalent to 1% of the total revenue generated
in the preceding year for the first time of non-compliance; 3% for the second
time of non-compliance; 5% for the third time of non-compliance; (g)
If
the Private School continues to violate the order consecutively three times,
the Private School shall be put under the non-admission category; (h)
If
the Private School fails to comply with the orders of the committee, he shall
recommend the appropriate authority to take over the Management of the school,
However it shall be ratified by the Committee in its next meeting within 15
days. (i)
If
the Private School fails to refund the amount as ordered by the
Committee/Chairperson or fails to pay fine as imposed, the
Committee/Chairperson shall order to recover the amount as an arrear of land
revenue by Tehsildar concerned (Revenue Officer) and the amount so recovered
shall be paid to such persons as mentioned in the order and the amount of the
penalty to be deposited in the Government treasury in such manner as may be
ordered by the Chairperson. The Committee shall have, (i)
a
separate Major Account Head and same shall be operated and maintained by
Director School Education Kashmir and Jammu within their respective provinces
as an interim arrangement till the Drawing and Disbursing powers are granted to
the Committee. (ii)
The
Establishment and other expenses of the Committee shall be borne by Director
School Education Kashmir/ Jammu out of the Account Head of the Committee. (iii) The Committee shall
submit a projected budget proposal to the Government for budget allocation. The office of the Committee shall be located
at Jammu/Sringar and it shall work at place notified by the Government
annually. The Staff of the Committee shall consist of
such Officers and employees either by deputation or transfer or creation, as
may be required on the basis of the organisational pattern of the Committee to
be notified in regulations in consultation with the appropriate Authority. (1)
Any
Parent, Guardian, or any other aggrieved person may file a complaint to the
Chairperson about charging of excessive and exorbitant fee by a Private School, (2)
The
complaint so filed after receipt shall be diarized and dealt with in accordance
with the Act and these rules. (3)
The
complaint shall be disposed of as early as possible preferably within a period
of 45 days. (1)
With
the enforcement of these rules, any rule or order which is inconsistent with
the Act or these rules shall be deemed to have been repealed and superseded; (2)
Any
order issued by the Government with regard to the Committee or order passed by
the Committee or Chairperson pursuant to the draft rules shall be deemed to
have been passed under the provisions of these rules.JAMMU
AND KASHMIR PRIVATE SCHOOLS (FIXATION, DETERMINATION AND REGULATION OF FEE)
RULES, 2022
PREAMBLE