In exercise the
powers conferred by sub-section (1) of Section 14 of the Madhya Pradesh Niji
Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Adhiniyam, 2017 (No. 6
of 2018) the State Government, hereby, makes the following rules for regulation
of fees and related issues, which has been previously published in the Madhya
Pradesh Gazette (Extra Ordinary, dated 26th June, 2018, namely (1)
These
rules may be called The Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit
Vishayon Ka Viniyaman) Rule, 2020. (2)
It
shall come into force from the date of its publication in official Gazette. (1)
In
these rules, unless the context otherwise requires (a)
"Academic
session" means an academic session as notified by the competent authority
or the Central Board of Secondary Education or other recognized board including
international board; (b)
"Act"
means the Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka
Viniyaman) Adhiniyam, 2017; (c)
"Authorized
signatory" means a person who is a
Principal/HeadMaster/Director/Manager/Trustee, authorized to sign documents
such as containing an undertaking or affirmation or other relevant information
required to be submitted by a private school under these rules; (d)
"Commissioner"
means the Commissioner Public Instruction, Madhya Pradesh; (e)
"Director"
means Director, Public Instruction, Madhya Pradesh; (f)
"District
Committee" means the District Level Committee constituted for regulation
of fees and related issues under Section 7 of the Act; (g)
"Format"
means the format prescribed under these rules; (h)
"Portal"
means the official web portal designated by the School Education Department for
the purpose of the Act and the implementation of these rules; (i)
"School
Education Department" means the School Education Department of the
Government of Madhya Pradesh; (j)
"State
Committee" means a State Level Committee constituted for regulation of
fees and related issues under sub-section (1) of section 11 of the Act. (2)
Words
and expressions used in these rules but not defined shall have the same meaning
as assigned to them in the Act. (1)
Preliminary
Information- Each private school shall within 90 days of
the notification of these rules, enter or upload, as the case may be, the
following information and records on the portal- General information of the school - Updated
information of each private school shall be available pre-filled on the portal
as per the format-I, which shall be updated, verified and uploaded by the
Authorized Signatory, as defined in sub-section (1)(C) of section 2 of the
concerned private school. Information pertaining to the audited
accounts - Each private school shall upload copies of audited accounts for
three financial years, preceding the year of notification of these rules, as
per format-II on the portal. Audited account shall include Balance sheet,
Receipt payment statement, Income Expenditure Account with schedule and audit
report. (2)
Information
to be submitted every year- 180 days before the commencement of the
upcoming academic session every year, management of each private school shall
enter or upload, as the case may be, the following information and documents on
the portal:- (a)
In
case of a change in general information submitted under Sub clause (one) of
clause (1) of sub-rule (3) related to the school, the information as per
format-I shall be updated and verified. (b)
The
audited accounts of the last financial year as per format-II. (c)
An
attested copy of the budget estimated for the current financial year, as per
format-II. (d)
The
proposed fee structure for the upcoming academic session as per format-Ill. The
amount payable against the items of fees shall be mentioned in the proposed fee
structure, as per the sub-section (1) of section 3 of the Act. Along with the
said proposed fee structure, such online process fee shall be submitted, as
determined by the Department. If the increase in fee in the proposed fee
structure is 10% or less than 10% as compared to the fees of the previous
academic session, then the proposed fee structure for the upcoming academic
session may be uploaded on the portal up to 90 days before the commencement of
the session. (3)
As
per sub-section (4) of the section 4 of the Act, a separate account will be
maintained by the department for the collection of process fee. This account
will be operated jointly by the Director Public Instruction or Additional
Director Public Instruction and Joint Director (Finance) Public Instruction.
Each Private school will deposit the prescribed process fee in this account
online, along with the proposed fee structure. (4)
In
the event of non-submission of proposed fee structure within the stipulated
time by the Private school as per sub-rule (2), the District Committee may
impose such penalty on the private school concerned as may be determined by the
Department. (1)
If
the increment in fee by a private school in the proposed fee structure under
Sub clause (four)) of clause (2) of sub-rule (3) is 10% or less than 10% as
compared to the fees of the previous academic session, then the private school
will be competent to increase such proposed fee. In such a situation the
proposal submitted by the private school in Form-Ill will be treated as deemed
informed and admitted by the District Committee. No separate order will be
required to be issued by the District Committee in this regard. (2)
If
the increment in fee by a private school in the proposed fee structure under
Sub clause (four)) of clause (2) of sub-rule (3) is more than 10% but up to 15%
or less as compared to the fee of the previous academic session, then the
District Committee will take decision on the proposed fee structure within 45
working days. (3)
If
the increment in fee by a private school in the proposed fee structure under Sub
clause (four)) of clause (2) of sub-rule (3) is more than 15% as compared to
the fees of the previous academic session, then the District Committee will
forward the said proposal with its clear opinion to the State Committee within
07 working days. (4)
The
District Committee will take following action to decide proposed fee
structure:- (A)
Examine
the information and documents presented with the proposal and shall ensure that
the proposed fee structure is in accordance with sub-section (2) of section 3
and sub-section (3) of section 5 of the Act. (B)
May
avail the services of a chartered accountant to examine the fee structure
submitted by the private school and the points arising in the processes of
decision making on proposed fee structure, as determined by the committee. The
department will issue necessary guidelines from time to time regarding the
selection of district wise Chartered Accountants and the fee to be paid to
them. (C)
May
ask the management of the private school for such additional information or
evidence as it deems necessary to decide on the proposed fee structure. (D)
May
direct an officer not below the rank of Assistant Director, Public
Instructions, for the physical verification of information or facts in the
documents submitted with the proposal. (E)
Shall
provide an opportunity of hearing to the school management before deciding on
the proposed fee structure. If necessary, students of the concerned school or
their parents or guardians may also be given a reasonable opportunity of
hearing. (F)
The
45 working days deadline will be binding on the District Committee to decide on
the proposed fee structure. The time taken by the private school under sub-rule
(4)(c) will not be taken into account in computing this time period. (G)
The
District Education Officer shall inform the concerned school electronically in
Form-IV, the decision passed by the District Committee. The online order will
be deemed to have been served properly for each purpose. (5)
The
provisions of sub-rules clause (A) of sub-rule (4) upto clause (G) of sub-rule
(4) shall mutatis-mutandis apply to the State Committee with necessary changes. (6)
The
State Committee will take decision on the proposed fee structure as per
sub-rule (3) within 45 working days. This deadline will be binding on the State
Committee. The time taken by the private school under sub-rule (4)(c), if any,
will not be taken into account in computing this time period. (7)
The
Director, Public Instructions shall inform the concerned school electronically
in Form-V(one), the decision passed by the State Committee. The online order
will be deemed to have been served properly for each purpose. (8)
The
private school management shall display the fees structure as decided under
sub-rule (1) or as decided by the District Committee under clause (G) of
sub-rule (4) or decided by State Committee under sub-rule (6), in Hindi and
English language for the information of the public on school notice board and
its official website. (9)
The
management of a private school or any person authorized on its behalf shall not
collect fee in excess of the prescribed fee under the provisions of this rule.
No donation or per capita (capitation) fee in any name shall be received from a
student, parent or guardian. The complaints received in this regards may be
disposed of as per the provisions specified in rule 9. (10)
If
the fee is collected in excess of the prescribed under the provision of this
rule will be refunded by the private school management to the concerned
students, parents or guardians, as the case may be, within a period of 30 working
days from the date of decision by the District Committee or the State
Committee, as the case may be. Information regarding refund made will be given
by the concerned school to the District or State Committee as the case may be. (11)
If
the fees decided by the District or State Committee, as the case may be, is
more than the fees collected by the school, then in such case the arrear of the
difference amount of fee will be payable by the students/parents to the school
management within reasonable time, as specified by the concerned District or
State Committee in its order. (1)
Every
private school shall have a bank account, which will be designated by private
school for deposition of fee. Necessary information about the process of
depositing of fees and the details of bank account will be provided at the time
of admission by private school to students, parents or guardians. This
information will also be displayed on the notice board of the school and its
official website. (2)
Fee
may be paid by the parents or guardians through online process or offline
means, such as cash, cheque etc. The amount of fees received by private school
will be deposited in the designated bank account as per sub-rule (1). (3)
The
private school shall provide a receipt to the parents or guardians for the fees
deposited by them. The receipt of the fees deposited online will be provided
after verification of the said payment from the bank account. (4)
All
transactions by private school management will be carried out through
designated account as per sub-rule (1). Cash withdrawal and disbursement will
be practiced under the provisions of sub section (3) section 40A of the Income
Tax Act 1961. (1)
The
related issues will be regulated in the following manner, namely:- (A)
Information
regarding the date of commencement and process of admission, textbooks,
stationery, reading material, school bags, uniforms, sports kits etc. used in
the school, transportation facility; the details of fee or the amount collected
directly or indirectly by the private school management will be displayed on
the school notice board and on the official website. (B)
The
private school will provide necessary information regarding obtaining school
prospectus and application form on the notice board and official website of the
school. For this, if any payment is required to be made by the parents it will
be clearly described. (C)
The
prescription of textbooks by the private school management will be decided
according to the regulation of the affiliation board or examination body to
which it is affiliated. (D)
The
private school management will not force students or parents either formally or
informally to purchase books, uniforms, ties, shoes, copies etc. from selected
vendors only. Students or parents will be free to purchase these materials from
open market. (E)
The
name of the school will not be mentioned on any course material except the
uniforms by the school management. (F)
If
any changes in school uniform are made by private school management, it will
remain in force for the next three academic sessions. Changes in the uniform
can be made only after a period of three years. (G)
The
private school management will follow the guidelines issued by the Department
of Transport and the Department of School Education from time to time regarding
transport facilities. (H)
In
the event of the private school management providing transportation facilities
to the students, the amount to be paid by the student will be included in the
proposed fees structure as per clause (4) of sub-rule (2) of rule 3. (2)
The
private school shall abide by the provisions descried in sub-rule (1) regarding
the relevant issues. An undertaking to this effect will be uploaded every year
as per Form-VI. (1)
The
Chairperson of the District Committee will preside over the meetings of the
District Committee constituted under sub section (1) of section 7 of the Act. (2)
The
date, time, place and agenda of the meeting of the District Committee will be
decided by the Chairperson. It will be communicated to all members of the
District Committee by the member secretary. (3)
The
agenda and information of the meeting shall be sent to each member of the
District Committee within such time frame and manner as may be fixed by the
District Committee. (4)
The
quorum of the District Committee meeting shall be a minimum of three members.
Presence of Chairperson and Member Secretary shall be mandatory for quorum. (5)
The
Member Secretary of the District Committee shall function under the direction
of the Chairperson. Member secretary will prepare the proceedings of the
meeting and disseminate it to all the members of the committee within 07 days
from the date of the meeting. (6)
The
decisions of the District Committee and official correspondence will be
communicated and issued with the signature of the Member Secretary. (1)
All
the provisions of rule 7 shall mutatis mutandis apply to the State Committee
with necessary changes. (2)
The
State Committee shall decide the appeal submitted by the private school in
accordance with rule 11. (3)
The
State Committee may reduce or increase or repeal the penalty imposed by the
District Committee. (1)
The
District Committee will inquire into a complaint, made by a parent or guardian
of a student or a student, regarding violation of any provision of Act and
these Rules committed by the management of the private school in which the
student is studying. (2)
The
District Committee may take suo moto cognizance of violation of any provision
of the Act and these Rules and may investigate the same if necessary. (3)
The
District Committee, under sub-section (3) of section 9 of the Act, may
authorise any officer not below the rank of Assistant Director Public
Instruction to enter the premises of the private school against whom inquiry
has been instituted under sub-section (1) and (2) above. (4)
The
officer authorized under sub-rule (3) above, shall search, inspect and seize
documents which appear necessary and relevant for the conduct of inquiry. (5)
The
District Committee for the purpose of making any inquiry shall have the powers
of the a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while
trying a suit, in respect of the following matters, namely:- (A)
summoning
and forcing the attendance of any witness and examining him on oath; (B)
require
the disclosure and production of any document; (C)
receiving
evidence on affidavit; and (D)
issue
commission for the test of witnesses. (6)
The
District Committee shall give a reasonable opportunity of hearing to the
management of private school against whom inquiry has been instituted. (7)
On
completion of the inquiry regarding increment in fees, under sub-rule (1) and
(2), if the District Committee finds that the fee has been collected in excess
of that permitted under rule 4, it shall pass an order directing the management
of the said private school to refund the same to the students or their parent
or guardians from whom it has been collected. The deadline and procedure of
refund of excess fees will be mentioned in the order passed. (8)
On
completion of the inquiry in relation to the violation of rule 6 or any other
provision of the Act and these rules, if the District Committee finds that the
management has violated the provisions of the Act and these rules, it shall
pass an order directing the management of the private school to refund an
amount as determined by it to such students or their parents or guardians from
whom it has been collected. The deadline and procedure of refund of excess
amount will be mentioned in the order passed. (9)
The
District Committee, in addition to the refund order under the sub-rules (7) or
(8) above, shall impose a penalty up to rupees two lakhs on the management of
said private school where order of refund has been issued for the first time
and penalty up to rupees four lakhs where order of refund is issued for the
second time and up to rupees six lakhs for subsequent orders of refund. (10)
The
District Committee, in addition to imposition of penalty under sub-rule (9)
above, may also recommend to the competent authority to suspend or cancel the
recognition of the said private school. (11)
If
the management of the private school fails to refund the amount as ordered
under sub-rule (7) or (8) above, or to pay penalty imposed under sub-rule (9)
above, the District Committee shall send a request to the District Collector to
recover the said amount as arrears of land revenue. (12)
The
amount recovered under sub-rule (11) above, shall be paid to such persons and
by such procedure as may be mentioned in the refund order. The penalty amount
collected will be deposited in the bank account as per sub-rule (3) of rule 3
fixed for this. (1)
The
amount received as process fee and penalty shall be deposited in the bank
account as per sub-rule (3) of rule 3. (2)
The
amount received as process fee and penalty will be used as follows:- (3)
Infrastructure
development for implementation of e-governance in departmental offices. (4)
For
the availability of necessary infrastructure and IT solutions to promote ICT
enabled education in schools. (5)
For
leadership development and soft skill enhancement training for departmental
officers, heads of institutions and teachers of government and private schools. (6)
Exposure
visits of departmental officers, institution heads and teachers to study
innovations in the field of ICT and quality education in the country and
abroad. (7)
For
the execution of such task or topics as may be considered essential from time
to time by Commissioner Public Instruction. (1)
A
private school aggrieved by the order of the District Committee passed as per
clause (G) of sub-rule (4) of rule 4 may appeal to the State Committee within
15 working days from the date of receipt of such order. For this, a fee of Rs.
2500/- shall be deposited online in the account specified in sub-rule (3) of
rule 3. (2)
In
the event of delay in filing the appeal, the private school may submit the
appeal application within next 10 working days from the last date of applying
for appeal with the reasons for delay and Rs. 5000/- as late fee which has to
be deposited online in the account specified in sub-rule (3) of rule 3. In case
the State Committee agrees to the reason for delay, the appeal application
shall be considered as per the prescribed procedure. (3)
The
State Committee may obtain records relating the action taken by the District
Committee in the matter and such additional information from the appellant as
it deems necessary for the disposal of the appeal. (4)
The
State Committee, after taking into consideration all the factors related to the
case and giving a opportunity of hearing to the concerned parties, shall decide
the appeal by passing speaking order as per Form-V (two). (5)
The
State Committee will decide the appeal within 45 working days from the date of
receipt of the appeal application. The decision of the State Committee shall be
final and binding. (1)
Every
private school shall maintain the accounts in the following manner, namely:- (A)
Each
private school shall maintain all the relevant accounts and transaction
records. (B)
Certificates
relating to Tax Deducted at Source (TDS) for salaries of academic and
non-academic staff. (C)
Expenditure
incurred towards the concerned trust or affiliated/holding/subsidiary company
having the same trustees/directors/members or relatives/society/society member. (2)
The
private school will keep all the registers, accounts and records on its
premises for inspection by the State/District Committee or Authorized Officer. (3)
The
account maintained by the private school together with all the vouchers
relating to various items of receipts and expenditure will be preserved by that
school till the audit of account is over and objections raised if any, are
settled or till a period of seven years, whichever is later. Apart from this,
other relevant records as the State Government deems appropriate will be
preserved by the private school for the period fixed. (4)
(a)
The private school will maintain the following registers and records for the
purposes of the Act and the Rules, namely:- (i)
Admission
register; (ii)
Fee
collection register; (iii)
Cash
books and all relevant ledgers; (iv)
Staff
payroll register; (v)
Cheque
register; (vi)
Stock
registers; (vii)
Asset
register; (viii)
Minute
book of school management meetings; (ix)
Such
other register or records as may be directed by the Government from time to
time. (B) The Principal/Headmaster/Manager/Trustee
or the authorized person of private school, shall be responsible for the
maintenance of accounts, records and registers. (C) All expenditure towards management,
teaching and non-teaching staff, housekeeping etc. will be incurred from the
account specified in sub-rule (1) of rule 5. (D) Payments of salary and allowances of
academic and non-academic staff members will be credited directly from the
aforesaid bank account electronically to their bank accounts. The State Government shall have the power to
redress any issues or difficulties encountered in the process of implementation
of these rules or to issue guidelines, if any question arises regarding the
implementation of these rules. MADHYA PRADESH NIJI VIDYALAYA (FEES TATHA
SAMBANDHIT VISHAYON KA VINIYAMAN) RULE, 2020
PREAMBLE