JHARKHAND EDUCATION TRIBUNAL (AMENDMENT) ACT, 2017

Preamble - JHARKHAND EDUCATION TRIBUNAL (AMENDMENT) ACT, 2017

THE JHARKHAND EDUCATION TRIBUNAL (AMENDMENT) ACT, 2017

[Act No. 15 of 2018]

PREAMBLE

An Act to amend the Jharkhand Education Tribunal Act, 2005 (Jharkhand Act, 06 of 2005)

Whereas, Jharkhand Education Tribunal Act, 2005 (Jharkhand Act, 06 of 2005) was enacted to make suitable provisions for constitution of a statutory Tribunal, to be known as Appellate Tribunal for looking into the grievances of teachers of aided, affiliated and private Educational Institutions and that of the parents/guardians of the students studying therein and to comply with the order of the Hon'ble Supreme Court in the matter of TMA Pai vs Karnataka State and the ruling dated the 5th August, 2003 passed by the Division Bench of the Honorable Jharkhand High Court in the matter of WP(PIL) No. -2744 of 2003 and WP(PIL) No.-2537 of 2002.

Now it has been proposed to be add to new preamble in Jharkhand Education Tribunal Act, 2005 (Jharkhand Act, 06 of 2005).

And, whereas after the enactment of the Jharkhand Education Tribunal Act, 2005 during the course of execution of functions and responsibilities assigned to the Tribunal, it is felt that there is no mechanism stipulated for fixing the prescribed school fee for the private schools, which are not aided by the State Government or which are under the control of the local authorities or the Central Government or the State Government. The Honorable Jharkhand High Court in the matter of WP(PIL) No. 3271 of 2013 noticing the way in which private schools are collecting excess fee, had constituted the committee to examine and make recommendations for regulating charging/collection of fee under various heads by the private schools and advised the Government of Jharkhand to ensure that a proper legislation for regulating charging of fee by the private schools comes in place.

In place of statutory forum it may be read statutory Tribunal in Jharkhand Education Tribunal Act, 2005 (Jharkhand Act, 06 of 2005).

Now, THEREFORE BE it enacted by the Legislative Assembly of the State of Jharkhand in the Sixty Eighth Year of the Republic of India as follows:--

 

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Jharkhand Education Tribunal (Amendment) Act, 2017.

 

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

 

(3)     It shall come into force on the date of notification in the official Gazette.

 

Section 2 - Definition

In section 2 of chapter (1) the following shall be inserted after 'n'-

(1)     ?"Academic Year" means the year commencing on the first day of April to the last day of March;

 

(2)     ?"Aided School" means a school receiving any sum of money as aid out of the State funds;

 

(3)     ?"Committee" means the fee committee constituted at the school level under this Act;

 

(4)     ?"District Committee" means the committee constituted under this Act to regulate fee at the District Level under section 7(2)(ii);

 

(5)     ?"Fee" means any amount, by whatever name called including bus charges, collected directly or indirectly by a school for admission of a pupil to any standard or course of study;

 

(6)     ?"Government School" means a school run by the Government or any local authority;

 

(7)     "Management" includes the managing committee or any person, body of persons, committee or any other governing body by whatever name called in whom the power to manage or administer the affairs of a school is vested:

 

(8)     "Private School" means any pre-primary school, primary school, middle school, high school or higher secondary school, established and administered or maintained by any person or body of persons and recognized or approved by the competent authority under any law or code of regulation for the time being in force, but does not include,--

 

i.         an aided school;

 

ii.        a school established and administered or maintained by the Central Government or the State Government or any local authority;

 

iii.       a school giving, providing or imparting religious instruction alone but not any other instructions;

 

(9)     ?"Parent Teacher Association" means the body of parents and teachers constituted by the school.

 

Section 3 - SECTION 3

In CHAPTER (II) the following new Sections shall be inserted after Section 7 of the Act

7A(1) Regulation of Collection of Fee-

The Government shall regulate the fee to be levied by the private schools. The fee shall be regulated in the manner as below-

(a)      Each school shall have a Fee Committee consisting of the members described below:-

An agenda and information about the scheduled meeting will be made available to the chairman and members of school level fee committee by school management.

(b)      The term of the Committee shall be for three academic years and no parent member shall be eligible for re-nomination after the expiry of his/her term as the member of the Committee.

 

(c)      The management of the private schools shall be competent to propose the fees in such schools to the school level Committee keeping in consideration the provisions of the Act

 

(d)      Factors for determination of fee- The following factors shall be considered while deciding the fee leviable by a school namely-

 

(i)       The location of school.

 

(ii)      The infrastructure made available to the students for the qualitative education.

 

(iii)     The expenditure on administration and maintenance.

 

(iv)    Qualified teaching and non-teaching staff as per the norms and their salary components.

 

(v)      Reasonable amount for yearly salary increments,

 

(vi)    Expenditure incurred on the students over total income of the school,

(vii)   Reasonable revenue surplus for the purpose of development of education and expansions of the school and

 

(viii)  Any other factors as may be notified.

 

(e)      After considering all the relevant factors laid down under the Act., the fee Committee shall approve the fees within a period of thirty days from the date of receipt of the proposed fee structure and communicate the details of the fee so approved in writing to the Principal. Fee shall be effective for two years determined by Fee Committee.

 

(f)       The Committee shall indicate the different heads under which the fee shall be levied.

 

(g)      If the increase in fee decided by the committee is more than 10% over the fee of the previous year, then the matter shall be referred to the District Committee for its approval.

 

(h)     If the fee Committee fails to decide the fee within the period specified the management shall immediately refer the matter to the District Committee for its decision under intimation to the fee Committee. During the pendency of the reference, the management of the school shall be at liberty to collect the fee of the previous academic year.

7A(2) District Committee -

1.        (I) The District committee shall be constituted to take decision in case of referred by the management or against the fee approved by the school level fee committee.

(II) The committee shall consist of the following members, namely:--

An agenda and information about the scheduled meeting of District Level Committee will be made available to the concerned chairman and members before 15 days of the scheduled date.

(III) The District Committee shall decide the appeal or reference as far as possible within the period of sixty days from the date of its filing after giving the opposite party an opportunity of being heard.

(IV) The District Committee shall examine the fee leviable by a private school as per factors mentioned in section 7A(i)(d).

(v) The decision of the District Committee in appeal or reference shall be displayed on the notice board of the concerned school, and if such school has its own website, it shall be displayed on the same as well by the management.

(vl) The District 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 this Act, have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act no. 5 of 1908) while trying a suit, in respect of the following matters, namely:--

(a)      Summoning and enforcing the attendance of any witness and examining him on oath;

 

(b)      The discovery and production of any document;

 

(c)      The receipt of evidence on affidavits;

 

(d)      The issuing of any commission for the examination of witness.

 

(e)      The management or the Fee Committee aggrieved by the decision of the District Committee in appeal or reference may, within ninety days from the date of such decision, prefer an appeal before the Jharkhand Education Tribunal.

 

2.        The order of the District Committee shall be binding on the parties to the proceedings before it for two academic years. It shall not be called in the question in any Civil Court except by the way of any appeal before the Jharkhand Education Tribunal under this Act.

7A(3) Use of Building and Premises- The School building or structures or premises shall be used for the purpose of education only and Parents/Students shall not be compelled/persuaded to purchase books or other materials like Uniform and Shoes etc. from the KIOSK situated in school promises.

7A(4) Offences and Penalties- Whoever the management or the private school contravenes any of the provisions of sub sections 7A(1)(2) &(3) of this Act. or the rules made there under shall be liable-

(i) ???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,

(ii) ???for the second or subsequent offences, be punishable with the 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.

(iii) ??In addition to above penalties suitable action for de-recognition of the defaulting school shall be taken up and it shall be mandatory on the part of the concerned affiliating body to de-recognize such schools.

7A(5) Imposition Execution of Penalties-

(i) ???The Divisional Commissioner of the concern division will be authorised to be competent authority for Imposition and Execution of penalties as described in section-7A(4).

Fine/penalties so collected will be deposited under revenue head of School Education and Literacy Department, Govt. of Jharkhand.

(ii) ??In case of violation of decision of District Committee, any nominated member of District Committee will inform to the concern Divisional Commissioner within stipulated period of 90 days of decision of District Committee.

(iii)? ?As far as possible the Divisional Commissioner shall disposed the complaint within a period of 60 days after giving an opportunity to the hearing of members of District Committee.

 

Section 4 - SECTION 4

Shall be inserted in sec. 11(f) of the Act after reviewing its decisions following shall be inserted:

"On an application filed within a period of 30 (thirty) days of the judgments or orders."

 

Section 5 - SECTION 5

In sec. 15 of the Act after "Appeal against judgments/orders passed by the Tribunal will lie before the Jharkhand High Court" following shall be inserted:-

"within a period of ninety (90) days of the judgments or orders".

 

Section 6 - SECTION 6

After sec. 22 (b) a new sub section (c) shall be inserted as follows:-

"the application for execution of judgments or orders of the Tribunal shall be filed by the applicant within a period of 90 (ninety) days of the judgments or orders to be executed."