Bihar Private Schools (Fee Regulation) Act, 2019
(Bihar Act No. 8 of 2019)
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(i) "Act" means the Bihar Private Schools (Fees Regulation) Act, 2019;
(ii) "Academic year" means the year commencing on the first day of April to the last day of March;
(iii) "State Appellate Authority" means the Appellate Authority Constituted under the Bihar State School Teachers and Employees Complain Redressal Rules, 2015;
(iv) "Fee Regulatory Committee" means committee constituted at the Divisional level as mentioned in section-3.
(v) "Fees" means any amount by whatever name called and collected, directly or indirectly by a school for the purpose of admission, readmission, development, annual fees, study fee (tuition fees), books, teaching material, Uniform, transportation fee/charges, extra/co- curricular activities or for any purposes from a pupil for any class/course of study.
(vi) "Government" means Government of Bihar;
(vii) "Management" in relation to a school means Managing Committee or any person, Body of persons, Committee or any Governing Body by whatever names called, in which power of management of school or administration of activities is vested:
Provided that the Board of Trustees or Governing Body of school/Board, by whatever names it is known, constituted or appointed by any Law for the time being in force relating to the charitable or any other institution and endowments and shall be deemed to be the management for the purposes of this Act;(Viii) "Private School" means the School, established and administered or maintained by a person or body of persons, imparting pre-primary, primary, middle, Secondary and Senior Secondary education, i.e. conducting classes from Nursery to Class XII or a part there of, affiliated to a Board recognized by the Government. But, it does not include, an aided school or a School established and administered or maintained by the Central Government, State Government or any other local authority. Subjects on which the Right to Education Act, 2009 and Rules in conformity thereof, the State Government has notified, provisions of this Act will not apply. Provisions of this Act will not apply to the institutions being run under the provisions of Minority category.
3. Constitution of Fee Regulatory Committee at Division level. - There will be following Fee Regulatory Committee in each division. Term of members other than ex-officio members shall be of two years:-
1 |
Divisional Commissioner |
- |
Chairman |
2 |
Regional Deputy Director Education |
- |
Member Secretary |
3 |
District Education Officer of divisional head quarter |
- |
Member |
4 |
Total two representatives of private schools Nominated by the Divisional Commissioner |
- |
Member |
5 |
Two guardian representatives nominated by the Divisional Commissioner |
- |
Member |
(i) Summoning and enforcing the attendance of any witness and examining him/ her on oath;
(ii) The discovery and production of any document;
(iii) The receipt of evidence on affidavits;
(iv) The issuing of any Commission for the examination of witness.
(v) Constituting any physical verification /enquiry regarding this matter.
6. Regulation of Accounts. - The private School shall maintain its accounts and records in a proper manner which will be produced before the Fee Regulatory Committee on demand by the Committee. Accounts will be audited in each financial year by a Chartered Accountant. 7. Penalties. - (1) The schools in case of violation of any provisions of this Act or Rules made there under and notifications issued there under will be liable for the following penalties to be imposed by Fee Regulatory Committee.(i) For first offence, maximum Rs.-1,00,000/- (one lakh);
(ii) For every subsequent offence, Rs- 2,00,000/- (Two lakh) per offence.
(iii) In case of not depositing determined penalty within a month, or in the case of commission of repeated offences, the Fee Regulatory Committee will have power to make recommendation of cancellation of recognition or approval of the private school or any other course for which the Divisional Commissioner received complaint in respect of the private school.
(iv) If the Guardian submits complaint on exorbitant increase of fees or any other point with evidence and affidavit, the Fee Regulatory Committee shall take decision within 60 (sixty) days.
(v) On being not satisfied with the decision taken at the Fee Regulatory Committee headed by the Divisional commissioner, any party may prefer appeal as per rules before the State Appellate Authority.
8. Appeal. - Appeal against the decision of the Fee Regulatory Committee may be filed before the State Appellate Authority constituted under the Bihar State School Teacher and Employees Dispute Redressal Rules, 2015. 9. Amounts received as penalties. - Amount received as penalties shall be deposited in the Government Exchequer in the relevant Accounts Head. 10. Jurisdiction of Civil courts barred. - No civil court shall have Jurisdiction to settle, decide or deal with any question or to determine any matter, which by or under this Act required to be settled, decided or determined by the ‘’Fee Regulatory committee’’ appointed or specified by or under this Act, and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under Act. 11. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the Government, appropriate authority or any other person authorized by the Government or appropriate authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rule prescribed hereunder. 12. Power to amend. - (i) The Government may, from time to time, by notification in the Official Gazette, modify, add to or delete any provision of this Act or the rules prescribed and may, for that purpose, suitably amend this Act or the rules prescribed, by the said notification, and thereupon the provision in this Act or the rules prescribed shall stand amended accordingly.(ii) Every notification issued under sub-section (i) relating to provisions of this Act shall be laid, as soon as may be, after it is issued, before the State legislature.
13. Power to remove difficulties. - If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by an order make such provisions which is not inconsistent with provisions of the Act and is necessary and expedient for the purposes of removing such difficulties. 14. Power to make Rules. - The State Government may, by notification published in the official gazette, make Rules for the implementation of the provisions of this Act. The Government will have power to make Rules under this Act, as per needs, for explanation and interpretation.