The Maharashtra Educational Institutions (Regulation of Fee) Rules,
2016.
No. ?FRA2014/CR170/SM6.?In
?exercise ?of ?the ?powers
?conferred ?by ?sub-section ?(1) ?of ?section 22 of the Maharashtra Educational Institutions (Regulation? of?
Fee) Act, 2011? ( Mah.? VII of?
2014), and of all other
powers enabling it in that
behalf,the Government of Maharashtra?
after considering the objections and suggestions pursuant
to the Government Notification,School
Education and Sports Department,No.Shashaishu 2014/ CR170/ SM6, dated the 23rd??September 2015, published in? the? Maharashtra?
Government? Gazette, ?Extra-ordinary,? Part?
IV-B,? dated? the? 24th ?September 2015, is hereby
pleased to make the following
rules, namely :?
Rule - 1. Short title and commencement.?
(1)
These rules
may be called the Maharashtra Educational Institutions (Regulation of Fee) Rules,
2016.
(2)
They shall come into force with effect from the date of publication of these rules in the Official Gazette.
Rule ? 2. Definitions :?
(1)
In these rules, unless the context otherwise
requires,?
(a) ?Act? means the Maharashtra Educational Institutions
(Regulation of Fee) Act, 2011 (Mah. VII of 2014);
(b) ?Association? means the Parent-Teachers Association constituted under sub-section of section 4 of the Act.
(c) ? Backward Class of Citizens
? means any Socially and Educationally Backward
Classes of Citizens as declared by the Government and includes other
Backward Classes declared by Government of India in relation to the State of Maharashtra;
(d) ? Fee Regulation Committee? means the Fee Regulation Committee
constituted under sub-rule
(2) of rule 9 ;
(e) ?student? means student
studying in 1st to 12th standard.
(f) ? Executive Committee? means the Executive
Committee constituted under sub- section
(2) of section 4 ;
(g) The words and expressions used in these rules but not
defined hereinabove shall have the same meanings as respectively assigned
to them.
Rule ? 3. Procedure for conducting meeting of Parent-Teachers Association.?
(1) The Principal or Head
of the school shall be the Chairperson of the Parent Teachers Association
constituted under sub-section (1) of
section 4 of the Act. The Secretary
of the Association shall be a Senior Teacher
of the School.
(2)
The Chairperson of the Association shall call the meeting of the Association. The Secretary shall
issue notice of the meeting
in Format-I, to all the parents, fifteen
days in advance.
(3)
The notice shall contain
the place, time and agenda of the meeting. The
notice shall be displayed on school
notice board. It shall also be circulated in each classroom and be uploaded on school?s website,
if such facility
is available.
(4)
The meeting shall be
conducted only if at least ten percent of the members of total strength are present.?? If attendance is less, the Chairperson shall
adjourn the meeting for half an hour. If quorum is not fulfilled, the meeting
shall be cancelled and shall be recalled after
fifteen days by following the above procedure.
(5) Every
meeting shall be presided over by the Chairperson and in his absence, by any one of the members present as may be
chosen in the meeting to be the Chairperson for the occasion.
(6)
The Secretary of the
Association shall prepare the proceeding of the meeting within fifteen days from the date of the meeting.
The proceeding shall be displayed on school notice board and be uploaded on School?s website if, such facility is
available. The proceeding of the meeting shall also be video recorded
and shall be made available
to members of the Association. The video recording of the meeting
shall also be made available to the Regional
Deputy Director or Education
Officer or any other representative appointed
by him or Government?
as? and when required.
Rule ? 4. Duties and functions of Association.?
The Association shall discharge the following duties and perform the following functions, namely :?
(i) to get information about Tuition fees, Term fees and fees for co-curricular activities as decided
by Executive Committee;
(ii)
to observe completion of syllabus as per
?the planning;
(iii)
to suggest measures and steps to be taken for academically weaker students;
(iv)
to assist ?school
?for
?planning
?other
?co-curricular
?activities
?;
(v)
to assess ?the ?need ?of ?co-curricular
?activities.
Rule ? 5. Appointment of Scheduled Caste, Scheduled Tribes or Backward Class of Citizens and Women members on Executive Committee.?
On the Executive Committee, at least one member belonging to the Scheduled Castes,
Scheduled Tribes or Backward Class of
Citizens shall be appointed by
rotation so that every category gets representation, in every year. The First
member shall a person belonging to
the Scheduled Caste, followed by Scheduled Tribes, Denotified Tribes, Vimukt Jatis (A), Nomadic Tribes (B),
Nomadic Tribes (C), Nomadic Tribes (D), Special Backward class, Other Backward class and?
Backward Class of citizens, respectively. If a member belonging to the category for which post is reserved
in the year is not available, then a member belonging to the next category may be appointed and at least fifty percent of the members shall be women.
Rule ? 6. Procedure to constitute Executive Committee.?
(1) The wide publicity about the process of constitution of the Executive
Committee shall be given in each class of the school. The notice of constitution of the Executive
Committee shall be displayed on school?s notice board and school?s website, if such facility
is available, within ten days of the formation of Parent-Teachers Association.
(2)
The applications shall be
invited from the willing parents of each Standard, in written or online, before
the date of lottery draw, if such facility is available.
(3)
A lottery shall be drawn from the applications received. The detailed
proceeding of the meeting where lottery has been drawn
shall be circulated to all the parents. The
entire process shall be video
recorded and the recording will be open for all concerned to examine the transparency of the process.
Rule ? 7. Duties and functions of Executive Committee.?
The Committee shall discharge the following duties
and perform the following functions, namely :?
(1) to oversee
that provisions made in Act and Rules are implemented strictly;
(2) to take decision on proposals
received ?from ?Management, ?regarding ?determination
?of fee within prescribed time;
(3) Where, appeal is made by Management to the Divisional Fee Regulatory Committee, make necessary documents available;
(4)
Where, appeal
is made by Management to the Revision
Committee, make necessary document available;
(5) to grant approval as per provisions of rule 11 (vii).
Rule ? 8. Procedure to conduct meeting of Executive Committee.?
(1) The Chairperson of ?the Executive Committee shall call the meeting of the Executive
Committee.? The? Secretary?
shall issue notice of such meeting in Format II, to
the members of the Executive Committee,?
fifteen days in advance.
(2)
?The notice shall be given to? each?
member? of? the?
Executive? Committee? by?
registered post or any? other?
electronic? mode? as?
decided? by? the?
Committee.? The? acknowledgement? shall be preserved for a period
of one year.
(3)
The meeting
shall be conducted only if at least one-third members of the total strength
are present, however, more than fifty percent of the parents out of the
total members of the Executive Committee should be present.
If there is no quorum,
the Chairperson of the Executive
Committee shall adjourn the meeting. No
business shall be transacted in the meeting unless there is a quorum. In
the absence of the quorum the meeting shall be cancelled and recalled again after the lapse of fifteen days from
the date of the meeting which is cancelled by following the procedure mentioned
in this rule.
(4)
The Secretary
of the? Executive?
Committee? shall? prepare?
proceedings? of? the?
meeting and circulate the same to all the members within fifteen days from the date of the meeting.
(5)
The proceedings of the
meeting shall be video recorded and will be made available for inspection to the Education
Officers or Regional
Deputy Director of Education or Committee members
as and when required.
(6)
If a member is absent for
three consecutive meetings his membership shall be deemed to be cancelled. The vacancy shall
be filled in by lottery,
from amongst the applications received
for that academic
year under rule 7.
Rule ? 9. Procedure to refer proposal to Divisional Fee Regulatory Committee and Revision Committee under section 6 of the Act.?
(1)
The Management of?
the? school? shall?
submit? fee? proposal?
to? the? Executive?
Committee at least six months
before the commencement of the next academic year in Format
III.
(2)
If the Executive
Committee fails to decide the fees within the period specified in sub- section (3) of section 6, the management shall
immediately refer the matter to the Divisional
Fee Regulatory Committee for its decision under intimation to the
Executive Committee along with the proposal so submitted to the Executive Committee, in Format
IV.
(3)
If the difference between
the fees decided
by the management and the fees approved
by the Executive Committee is more than fifteen percent, then, the
management may prefer an appeal to the? Divisional?
Fee? Regulatory? Committee?
within? a? period?
of? thirty? days?
from? the date of such communication under sub-section (5) of section
6 alongwith proposal
of? fees submitted by management and copy of decision of the Executive
Committee, in Format
V.
(4)
The management or the Executive Committee aggrieved by the decision
of the Divisional Fee Regulatory Committee in appeal
or reference may, within thirty
days from the date of such
decision prefer an appeal before the Revision Committee along with the proposal of fees submitted by management alongwith the copy
of the decision of the Executive Committee and
Divisional Fee Regulatory Committee, in Format VI.
Rule ? 10. Salaries and allowances of Chairperson and members of the Divisional Fee Regulatory Committee and Revision Committee.-
(1)
The salaries and allowances of the Chairperson and members
of the Divisional Fee Regulatory
Committee and Revision Committee shall be fixed by the Government by an order issued in this behalf from time to time.
(2)
A Chartered Accountant or Cost and Works Accountant shall
be paid such allowances, as may be decided
by Government by an order issued, from time to time.
Rule ? 11.Additional factors for determination of fee for purpose of section 9.-
The following factors shall be considered while deciding the fee in addition to the factors
mentioned in sub-section ( 1) of section
9 of the Act, namely
:?
(i)
facilities ?given ?by ?schools ?under ?e-governance
?i.e.
?hardware
?and
?software
?facilities;
(ii)
strength of students;
(iii)
other facilities made available to students such as swimming
pool, horse riding,
shooting, Archery and performing art etc.;
(iv)
supply of books,
notebooks, etc., and other educational material provided to students;
(v)
transport fee considering capacity of school bus, distance
of school and comparative fuel rates;
(vi)
provision of ?Mid-Day
?Meal
?or
?snacks;
(vii)
Any other factor approved by Executive Committee.
Rule ? 12. Maintenance of accounts under section 14.?
(1)
The private
educational institutions shall
maintain the accounts
in the following manner, namely
:?
(a)
Every private
educational institution shall
keep separate accounts
for different kinds
of transactions, such as, fees collected, grants received, financial
assistance received, payments of salary to staff, purchase of
machinery and equipment, laboratory apparatus and consumables, library books, stationery, computers, software and other expenditure incurred.
(b)
Every private educational
institution shall keep the registers, accounts and records within the premises of their educational
institution as they shall be made available at all reasonable time for inspection.
(c)
The accounts maintained
by the private educational institution together with all vouchers relating to various items or receipts and expenditure
shall be preserved by that school until the audit
of accounts is over and objection, if any, raised
is settled.
(2)
The private educational
institution shall also maintain the other record of the institution as per the orders issued
by the Government, from time to time.
(3)
Maintenance of record for purposes of section 15.?(1)
Every private educational institution shall maintain the following registers and records
for the purposes of the Act and the rules :?
(a)
General ?Register.
(b)
Admission Registers.
(c)
Fee receipt.
(d)
Fee Collection ?Register.
(e)
Cash Book.
(f)
Library and Reading
Room Account.
(g)
Staff Attendance
?Register.
(h)
Students Attendance Register.
(i)
Voucher File.
(j)
Cheque register.
(k)
Acquaintance Roll.
(l)
Stock Registers.
(m)
Transfer Certificate
?Book.
(n)
Examination Fees
?Collection
?Receipt.
(o)
Contingency ?Expenditure ?Register.
(p)
Asset register.
(q)
Building rent ?register.
(4)
The Principal or Head of the educational institution shall be responsible for maintenance of accounts, records
and registers.
