Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018
No: 15 Dated: May, 18 2018
THE ASSAM NON-GOVERNMENT EDUCATIONAL INSTITUTIONS (REGULATION OF FEES) ACT, 2018
ASSAM ACT NO. XV OF 2018
An Act to make provision for fixation of fees for the non-government educational institutions in the State of Assam.
Preamble:- Whereas it is expedient to make provision for fixation of fees for the Non-Government Educational Institutions in the State of Assam and the matters connected therewith and incidental thereto.
It is hereby enacted in the Sixty-ninth Year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018.
(2) It extends to the whole of the State of Assam.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "academic year" means the year specified by the Government or, as the case may be, by any Board or Council to which respective institution is affiliated;
(b) "educational district" means an educational district, as may be specified by the Government in the Official Gazette ;
(c) "elementary education" means the education from Class I to Class VIII;
(d) "employee" means a teacher and includes every other employee working in a non-government educational institution;
(e) "existing school" means a recognized non-government educational institution which is in existence at the commencement of this Act;
(f) "Fee or Fee Structure" means any amount, by whatever name called, collected, directly or indirectly, by a school for admission of a student to any Standard or course of study and includes, -
(i) Tuition fee;
(ii) Term fee, which shall not exceed one month tuition fee per term;
(iii) Library fee and deposit;
(iv) Laboratory fee and deposit;
(v) Gymkhana fee where such facilities are available;
(vi) Caution money; .
(vii) Examination fee;
(viii) Admission fee, which shall not exceed one month tuition fee;
(ix) Yoga and Physical Education fee where yoga and physical education are imparted;
(x) any other fee as determined by the Fee Regulatory Committee;
(g) "Fee Regulatory Committee" means a committee constituted under section 3;
(h) "Fee Revision Committee" means a committee constituted under section 13;
(i) "Government" means the State Government;
(j) "Government school" means a school established, owned or maintained by the Government;
(k) "institution" means and includes the non-government educational institution as defined under clause (p) of this Act;
(l) "local authority" means, -
(i) a Gauhati Municipal Corporation constituted under the Gauhati Municipal Corporation Act, 1971 (Assam Act No.I of 1973);
(ii) All other Municipal Boards or Municipal Town Committees of the State constituted under the Assam Municipal Act, 1956 (Assam Act No. XV of 1957) and Village Councils in case of Autonomous Council areas;
(iii) a Panchayat constituted under the Assam Panchayat Act, 1994 (Assam Act No. XVIII of 1994);
(m) "Lower Primary School" or "LP School" means a school imparting education upto class V;
(n) "management" means, -
(i) in the case of a school managed by the Government, the Government;
(ii) in the case of school managed by any local authority, the respective local authority;
(iii) in any other case, maintaining committee or the governing body by whatever name called, of school to which the affairs of the school are entrusted and, a person, by whatever name or designation called, where such affairs are entrusted to such person and shall also include trust or company associated with the school in any manner whatsoever;
(o) "minority educational institution" means the Government approved institution established and administered by minority having right to do so under clause (1) of article 30 of the Constitution of India;
(p) "non-government educational institutions" means schools established and ran by an individual or association of individuals or any Non-Government Organization or Society or Trust, except the schools established and maintained by minorities under clause (1) of article 30 of the Constitution of India and imparting education at Primary, Middle, Secondary and Higher Secondary Level without receiving any grants-in-aid from the State Government which have teen registered under sub-section (1) of section 6 of the Assam Non-government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of 2007) excluding the educational institutions ran or aided by the Central Government or the State Government. The word "institution" wherever it occurs in the Act shall be construed accordingly :
Provided that the institution established by any person or body of persons including trusts and received permission/recognition/ affiliation/concurrence as the case may be, from the competent authority after 1.1.2006 shall be treated as non-government educational institution provided they are registered under subsection (1) of section 6 of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of 2007);
(q) "prescribed" means prescribed by rules made under this Act;
(r) "pre-primary school" means a Nursery, Junior Kindergarten, Senior Kindergarten level or any school imparting education up to pre-primary school level for children having age of 3 to 6 years, by whatever name called and of any medium attached in the prescribed manner to the school;
(s) "profiteering" means any amount accepted in cash or kind, directly or indirectly which is in excess of the fee fixed or approved as per the provisions of this Act and shall include profit earned from school by trust or company associated with the school in any manner whatsoever;
(t) "public examination" means an examination conducted by the Board of Secondary Education, Assam, constituted under the Assam Secondary Education Act, 1961 (Assam Act No. XXV of 1961) and Assam Higher Secondary Education Council constituted under the Assam Higher Secondary Education Act, 1984 (Assam Act No. XVII of 1984) or Central Board of Secondary Education or Council of Indian School Certificate Examinations or any other Board recognized by the Government;
(u) "recognized school" means a school recognized by the competent Educational Authority of the State or the Central Government;
(v) "school" includes a Lower Primary School, Upper Primary School, High School/High Madrassa, Higher Secondary School, Senior Secondary School and also includes any other institution which imparts education or training below the degree level, but docs not include an institution which exclusively imparts technical education;
(w) "school property" means all movable and immovable property belonging to, or in the possession of, the school and all other rights and interests in, or arising out of, such property, and includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps, equipments, utensils, cash, reserve fund, investments and bank balances;
(x) "secondary education" shall have same meaning as defined under clause (n) of section 2 of the Assam Secondary Education Act, 1961 (Assam Act No. XXV of 1961);
(y) "Upper Primary School" or "UP School" including ME Madrassa means a school imparting education upto class VIII.