[Act No. 21 of 2020] An act further to amend the Uttar Pradesh Self-financed
Independent Schools Fee Regulation) Act. 2018, It is hereby enacted in the Seventy first Year of the
Republic of India as follows:- (1) This Act may be called the Uttar
Pradesh Self-Financed Independent Schools (Fee Regulation) (Amendment) Act,
2020; (2) It shall be deemed to have come into
force with effect from April 9, 2018. In section 2 of the Uttar Pradesh Self-Financed
Independents schools (Fee Regulation) Act, 2018 hereinafter referred to as the
Principal Act,- (a)
after clause (0 the
following clause shall be inserted, namely:- (ff) "Divisional
Appellate authority of Self-Financed Independent Schools" means Divisional
Self-Financed Independent Schools Authority constituted under section-9; (b)
clause (z) shall be
omitted. In section 4 of the principal Act, the following
sub-section (3) shall be inserted, namely: - (3) "Notwithstanding
anything contained in this Act, in extraordinary conditions or emergent
circumstances like, but not limited to Acts of God, Epidemics, Natural
Calamities, Wars or Revolutions, Civil commotions, Floods, etc; the State
Government may by order, regulate the fees to be charged by the recongnized
schools, from existing students and newly admitted students for each academic
year till such time the aforesaid eventualities exist or till such time as
seems expedient in public interest to do so." In section 8 of the principal Act for sub-section (11) the
following subsection shall be substituted, namely: - (11) Where
the recognized school or any person is aggrieved by the decision of the
District Fee Regulatory Committee, it may, within thirty days from the date of
such decision, prefer an appeal, in such manner as may be prescribed to the
Divisional Self-Financed Independent School Appellate Authority referred to in
section 9. In section-9 of the Principal Act, - (a)
for the marginal heading,
the following marginal heading shall be substituted, namely: - "Divisional Self-Financed Independent School Appellate
Authority"; (b) for sub-sections (1), (2) and (3) the
following sub-sections shall be substituted, namely: - (1) There will be a Self-Financed
Independent School Authority in all the divisions of the State, which will
include: - (1) Divisional Chairman- Commissioner (2) Additional Director Treasury- Member (3) Divisional Joint Director of
Education- Member Secretary The above Appellate Authority may seek the Assistance of
Chartered Accountant as required. (2) An Appellate Authority, provided in
section 11 of the Uttar Pradesh Private Professional Educational Institutes
(Regulation of Admission and Fixation of Fee) Act, 2006 shall function as
Self-Financed Independent School Appellate Authority for the purpose of this
Act unless a Divisional Self-Financed Independent School Appellate Authority is
constituted in all Divisions of the State by the Government by notification in
the Gazette; (3) The Appellate Authority shall have
powers of civil court as well as appellate court provided under the Code of
Civil Procedure, 1908 (Act no. 5 of 1908) while hearing appeal. The Decision
passed by the Divisional Self-Financed Independent School Appellate Authority
shall be final. In section 11 of the principal Act, for the words "the
State Self-Financed Independent School Appellate Authority", the words
"the Divisional Self-Financed Independent School Appellate Authority"
shall be substituted. (1) The Uttar Pradesh Self-Financed
Independent Schools (Fee Regulation) (Amendment) Ordinance, 2020 (UP. Ordinance
no. 12 of 2020) is hereby repealed. (2) Notwithstanding such repeal, anything
done or any action taken under the provisions of the principal Act as amended
by the Ordinance referred to in sub-section (1) shall be deemed to have been
done or taken under the corresponding provisions of the principal Act as
amended by this Act as if the provisions of this Act were in force at all
material times.THE UTTAR PRADESH SELF-FINANCED INDEPENDENT
SCHOOLS (FEE REGULATION) (AMENDMENT) ACT, 2020
PREAMBLE