Punjab Regulation of fee of Un-aided Educational Institutions Act, 2016

No: 47 Dated: Dec, 23 2016

THE PUNJAB REGULATION OF FEE OF UNAIDED EDUCATIONAL INSTITUTIONS BILL, 2016

(Punjab Act No. 47 of 2016)

    An act to provide for the constitution of Regulatory Body with a view to provide a mechanism for the purpose of regulating fee of un-aided educational institutions in the State of Punjab and for the matters connected therewith or incidental thereto.

    BE it enacted by the Legislature of the State of Punjab in the Sixtyseventh Year of the Republic of India as follows: -

1. Short title and commencement:- (1) This Act may be called the Punjab Regulation of fee of Un-aided Educational Institutions Act, 2016.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

2. Definitions:- In this Act, unless the context otherwise requires,-

(a) ‘‘academic year’’ means a period of twelve months prescribed as such, and different academic years may be prescribed for different classes of institutions;

(b) ‘‘affiliation’’ means inclusion of the name of an institution in the approved list of affiliated institutions with the Punjab School Education Board or any other such board or authority, approved and authorized by the Central Government for admitting it to the privileges of the said board or authority;

(c) ‘‘appropriate authority’’ means,-

(i) in the case of an unaided educational institution recognized or to be recognized by an authority, authorized by the State Government, that authority; and

(ii) in the case of an unaided educational institution recognized or to be recognized by an authority, authorized by the Central Government, that authority;

(d) ‘‘Regulatory Body’’ means the Regulatory Body, constituted under section 3;

(e) ‘‘complaint’’ means an allegation made in writing to the Regulatory Body by a student studying in an Unaided Educational Institution or by his parents or guardians, as the case may be, containing a grievance of charging excessive fee or of doing or asking to do any other activity with a motive to gain financial benefit or profit by the Unaided Educational Institution;

(f) ‘‘commercialization or profiteering or profit or financial gain’’ means an activity of charging fee by an Un-aided Educational Institution from any student or parents or guardians in excess of the fee, as fixed or increased under section 5;

(g) ‘‘fee’’ means any amount by whatever name it may be called, which is charged directly or indirectly by an Unaided Educational Institution for admission of a student for education to any standard of course of Study;

(h) ''Fund'' means the Unaided Educational Institution Development Fund constituted under section 9;

(i) ‘‘Government’’ means the Government of the State of Punjab in the Department of School Education;

(j) ‘‘local authority’’ means a Municipal Corporation, Municipal Committee, Notified Area Committee, Town Improvement Trust, Panchayat Samiti or Gram Panchayat or any other authority entrusted with their functions under any law for the time being in force;

(k) ‘‘minority institution’’ means an educational institution established and administered by a minority whether based on religion or language having the right to do so under clause (1) of article 30 of the Constitution of India;

(l) ‘‘prescribed’’ means prescribed by rules made under this Act by the Government;

(m) ‘‘section’’ means section of this Act; and

(n) ‘‘Unaided Educational Institution’’ means an affiliated private school, established and administered by any person or body of persons, imparting education up to 10+2 level including a minority institution which does not receive any aid from the Government, but does not include,-

(i) an aided school; and

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