LexThe Himachal Pradesh Private Educational Institutions (Regulation) Act, 1997
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH PRIVATE EDUCATIONAL
INSTITUTIONS (REGULATION) ACT, 1997
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER- I
PRELIMINARY
1. Short title extent and commencement.
2. Definitions.
CHAPTER- II
PERMISSION FOR ESTABLISHING OR RUNNING
PRIVATE EDUCATIONAL INSTITUTIONS
3. Private educational institution to obtain permission.
4. Application for permission.
5. Grant of permission.
6. Power to cancel permission.
7. Transfer of permission.
8. Power to add to Schedule.
9. Annul list of private educational institutions to be published.
CHAPTER- III
ACCOUNTS, AUDIT, INSPECTION AND RETURNS
10. Accounts.
11. Annual audit of accounts.
12. Closure of private educational institution.
13. Inspection.
14. Direction of the competent authority.
15. Private educational institutions to furnish returns etc. and
information.
CHAPTER- IV
MISCELLANEOUS
16. Appeals.
17. Penalties
18. Offences by companies.
19. Cognizance of offences.
20. Jurisdiction of Criminal Courts.
21. Power to exempt.
2 THE HIMACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS
(REGULATION) ACT, 1997
22. Competent authority etc., to be public servant.
23. Civil Courts not to decide questions under this Act.
24. Finality of orders passed under this Act.
25. Indemnity.
26. Act to override other enactment.
27. Power to make rules.
SCHEDULE
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THE HIMACHAL PRADESH PRIVATE EDUCATIONAL
INSTITUTIONS (REGULATION) ACT, 1997
(ACT NO. 14 OF 1999)1
(Received the assent of the President on 4th May, 1999 and was
published both in Hindi and English in the Rajpatra, Himachal Pradesh
(Extra- ordinary), dated 19th May, 1999, pp. 1711- 1728).
An Act to provide for the regulation of private educational institutions in
the State of Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Forty- eighth Year of the Republic of India as follows:-
CHAPTER- I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Private Educational Institutions (Regulation)
Act, 1997.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force on such date as the Government may, by
notification, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "academic year" means the year commencing on the first day
of April;
(b) "competent authority" means any person, officer or other
authority (including Himachal Pradesh Board of School
Education) authorised by the Government, by notification, to
perform the functions of the competent authority under this
Act for such area or in relation to such class of private
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra- ordinary),
dated 11th December, 1997, pp. 4684 and 4693.
THE HIMACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS 3
(REGULATION) ACT, 1997
educational institutions, as may be specified in the
notification;
(c) "Government" means the Government of Himachal Pradesh ;
(d) "manager" in relation to a private educational institution
means the person in whom the authority to manage and
conduct the affairs of the private educational institution is
vested;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "private educational institution" means an educational
institution conducting courses of instruction leading to grant
of Scheduled Certificate; and
(g) "Scheduled Certificate" means any certificate specified in the
schedule.
CHAPTER- II
PERMISSION FOR ESTABLISHING OR RUNNING PRIVATE
EDUCATIONAL INSTITUTIONS
3. Private educational institution to obtain permission.- Save as
otherwise provided in this Act, on or after the date of the commencement of
this Act,-
(a) no private educational institution in existence on that date
shall, after the expiry of six months from the said date, be
run; and
(b) no private educational institution shall be established.
4. Application for permission.- (1) The manager of every private
educational institution in existence on the date of the commencement of this
Act and every private educational institution proposed to be established on or
after that date, shall make an application to the competent authority for
permission to run such institution or to establish such institution, as the case
may be.
(2) Every such application shall-
(a) be in the prescribed form ;
(b) be accompanied by such fee as may be prescribed ; and
(c) contain the following particulars, namely:-
(i) the name of the private educational institution and the
name and address of the manager ;
(ii) the certificate, for which such private educational
institution prepares, trains or guides or proposes to
prepare, train or guide its students or the certificate,
which it grants or confers or proposes to grant or
confer;
4 THE HIMACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS
(REGULATION) ACT, 1997
(iii) the amenities available or proposed to be made
available to students;
(iv) the number of the teaching staff and their educational
qualifications;
(v) the equipment, laboratory, library and other facilities
for instructions;
(vi) the number of students in the private educational
institution and the groups into which they are divided ;
(vii) the scales of fees payable by the students;
(viii) the sources of income to ensure the financial stability of
the private educational institutions;
(ix) the situation and the description of the buildings in
which such private educational institution is being run
or is proposed to be established; and
(x) such other particulars as may be prescribed.
5. Grant of permission.- On receipt of an application under section
4, the competent authority may grant or refuse to grant the permission after
taking into consideration, the particulars contained in such application :
Provided that the permission shall not be refused under this section
unless the applicant has been given an opportunity of making his
representation:
Provided further that in case of refusal of the permission, the
applicant shall be entitled to refund of one- half of the amount of the fee
accompanying the application.
6. Power to cancel permission.- (1) The competent authority may at
any time, cancel the permission granted under section 5, if such permission
has been obtained by fraud, misrepresentation or suppression of material
particulars or where after obtaining the permission, the management of a
private educational institution fails to rectify the defects pointed out on
inspection under section 13 or fails to carry out the directions given under
section 14 or contravenes, any of the provisions of this Act or any rule made
thereunder or of any terms or conditions of the permission or of any direction
issued by the competent authority under this Act.
(2) Before cancelling the permission under sub- section (1), the
competent authority shall give the manager an opportunity of making his
representation.
7. Transfer of permission.- (1) (a) Whenever the management of any
private educational institution is proposed to be transferred, the manager and
the person to whom the management is proposed to be transferred may before
such transfer, apply jointly to the competent authority for approval of the
transfer.
THE HIMACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS 5
(REGULATION) ACT, 1997
(b) On any transfer of the management of the private educational
institution, without approval having been obtained for such transfer under
clause (a), the transferee shall, if he desires to run it as such, within three
months of the date of the transfer, apply to the competent authority for
approval of the transfer.
(c) An application under clause (a) or (b) shall be in such form,
contain such particulars and be accompanied by such fee not exceeding two
hundred and fifty rupees as may be prescribed.
(2) The competent authority may, on receipt of the application and the
fee under sub- section (1) and after making such inquiry as it thinks fit,
approve the transfer subject to such conditions as it may impose or refuse such
approval:
Provided that the approval shall not be refused under this section
unless the applicant has been given an opportunity of making his
representation.
8. Power to add to Schedule.- (1) Where the Government is of the
opinion that the establishment and maintenance of educational institutions for
conducting courses of instruction leading to the grant of a certificate should be
regulated by this Act, it may by notification in the Official Gazette add to the
Schedule such certificate and thereupon the Schedule shall be deemed to have
been amended accordingly.
(2) Every notification issued under sub- section (1) shall be laid for
not less than thirty days before the State Legislature as soon as possible after
it is issued and shall be subject to decision by the State Legislature or to such
modification as the State Legislature may make, during the session in which it
is so laid or the session immediately following. Any decision or modification
so made by the State Legislature shall be published in the Official Gazette and
shall thereupon take effect.
9. Annual list of private educational institutions to be published.-
The Government shall publish on or before the first day of April in each year
in the Official Gazette, a list containing the names of all private educational
institutions which have been granted permission under section 5 during the
period ending with the thirty- first day of March immediately preceding and a
list of private educational institutions in relation to which such permission has
been cancelled during the period aforesaid.
CHAPTER-III
ACCOUNTS, AUDIT, INSPECTION AND RETURNS
10. Accounts.- Every private educational institution shall keep
accounts in such manner and containing such particulars as may be
prescribed.
11. Annual audit of accounts.- (1) The accounts of every private
educational institution shall be audited at the end of every academic year by a
Chartered Accountant in practice within the meaning of the Chartered
Accountants Act, 1949 (Central Act XXXVIII of 1949).
6 THE HIMACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS
(REGULATION) ACT, 1997
(2) The manager shall, within six months after the end of the
Academic year, submit to the competent authority the report of such
Chartered Accountant on the audit of the accounts under sub- section (1).
12. Closure of private educational institution.- (1) No private
educational institution and no class in a private educational institution shall be
closed without a notice in writing having been given to the competent
authority and without satisfying the competent authority that adequate
arrangements have been made either for the continuance of the instruction of
the students of the private educational institution or the class, as the case may
be, for the period of study for which the students have been admitted or for
the refund of the fees paid by the students.
(2) The period of notice under sub- section (1) shall be such as may
be prescribed and different periods of notice may be prescribed for different
classes of private educational institutions.
(3) No notice under sub- section (1) shall be withdrawn without the
consent of the competent authority.
13. Inspection.- (1) Any private educational institution may be
inspected by the competent authority whenever it considers necessary.
(2) The competent authority may direct the manager to rectify the
defects, if any, found during the course of the inspection, within such time as
the competent authority may fix in this behalf.
14. Direction of the competent authority.- Without prejudice to the
provisions of section 13, the competent authority may, from time to time,
issue such directions regarding the management (including accommodation
and infra structural facilities) of a private educational institution as it may
think fit and it shall be the duty of the manager of such private educational
institution to carry out such directions within such time as may be fixed by the
competent authority in this behalf.
15. Private educational institutions to furnish returns etc. and
information.- Every private educational institution shall, within such time or
within such extended time as may be fixed by the competent authority in this
behalf, furnish to the competent authority such returns, statistics and other
information as the competent authority may from time to time, require.
CHAPTER- IV
MISCELLANEOUS
16. Appeals.- (1) Any manager aggrieved by any decision of the
competent authority under any of the provisions of this Act may, within two
months from the date of the receipt of the decision by him, prefer an appeal
against such decision to such authority as may be prescribed :
Provided that the appellate authority may in its discretion, allow
further time not exceeding one month for preferring any such appeal, if it is
satisfied that the appellant had sufficient cause for not preferring the appeal in
time.
THE HIMACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS 7
(REGULATION) ACT, 1997
(2) On receipt of an appeal under sub- section (1), the appellate
authority shall, after giving the appellant an opportunity of making his
representation, dispose of the appeal as expeditiously as possible.
(3) The appellate authority may, pending the exercise of its powers
under this section, pass such interlocutory orders as it may deem fit.
17. Penalties.- (1) If any person contravenes or attempts to
contravene or abets the contravention of any of the provisions of this Act or
any rule made thereunder, he shall be punishable with fine which may extend
to five thousand rupees and in the case of a continuing contravention with an
additional fine which may extend to five hundred rupees for every day during
which such contravention continues after conviction for the first such
contravention.
(2) If any person wilfully obstructs any person, officer or authority
from entering any private educational institution in the exercise of any power
conferred on him or it by or under this Act, he shall be punishable with
imprisonment for a term which may extend to one month or with fine which
may extend to five thousand rupees or with both.
18. Offences by companies.- (1) If the person committing an offence
under this Act is a company, the company as well as every person- in- charge
of, and responsible to, the company for the conduct of its business at the time
of the commission of the offence shall be deemed to be guilty of offence and
shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub- section shall render any
such person liable for any punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub- section (1), where an
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of any director, manager, secretary or
other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of an offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.- For the purposes of this section.-
(a) "company" means anybody corporate and includes a firm or
other association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
19. Cognizance of offences.- No Court shall take cognizance of any
offence punishable under this Act except on a report in writing of the facts
constituting such offence made by an officer authorised by the Government in
this behalf.
8 THE HIMACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS
(REGULATION) ACT, 1997
20. Jurisdiction of Criminal Courts.- No Court inferior to that of
Judicial Magistrate of the First Class shall try any offence punishable under
this Act.
21. Power to exempt.- Notwithstanding anything contained in this
Act, the Government may, subject to such conditions as they deem fit, by
notification exempt any private educational institution or class of private
educational institutions from all or any of the provisions of this Act or from
any rule made under this Act.
22. Competent authority, etc., to be public servant.- Every
authority and every officer duly authorised to discharge any duty imposed on
it or him by or under this Act shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (XLV of 1860).
23. Civil Courts not to decide questions under this Act.- No Civil
Court shall have jurisdiction to decide or deal with any question, which is by
or under this Act required to be decided or dealt with by any authority or
officer mentioned in this Act.
24. Finality of orders passed under this Act.- (1) Any order passed
or decision taken by any authority or officer in respect of matters to be
determined for the purposes of this Act, shall, subject only to appeal, if any,
provided under this Act, be final.
(2) No such order or decision shall be liable to be questioned in any
Court of law.
25. Indemnity.- (1) No suit or other proceeding shall lie against the
Government for any act done or purporting to be done under this Act or any
rule made thereunder.
(2)(a) No suit, prosecution or other proceeding shall lie against any
authority or officer or servant of the Government for any act
done or purporting to be done under this Act or any rule made
thereunder without the previous sanction of the Government.
(b) No authority or officer or servant of the Government shall be
liable in respect of any such act in any civil or criminal
proceeding if the act was done in good faith in the course of
the execution of the duties or the discharge of the function
imposed by or under this Act.
(3) No suit, prosecution or other proceeding shall be instituted against
any authority or officer or servant of the Government for any act done or
purporting to be done under this Act or any rule made thereunder after the
date of the expiry of six months from the date of the act complained of.
26. Act to override other enactment.- The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in
any enactment other than this Act or in any instrument having effect by virtue
of any enactment other than this Act.
THE HIMACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS 9
(REGULATION) ACT, 1997
27. Power to make rules.- (1) The Government may make rules to
carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing powers such rules may provide for all or any of the following
matters, namely:-
(a) the form in which and the fees on the payment of which an
application referred to in sub- section (1) of section 4 shall be
made and the particulars which such application shall contain;
(b) fixation of norms or students ratio regarding accommodation
infra structural facilities to be provided in the educational
institution ;
(c) the manner in which accounts shall be kept under section 11
and the particulars which such accounts shall contain ;
(d) the manner of conveying decisions of the competent authority
to the manager ; and
(e) any other matter which has to be, or may be, prescribed.
(3) The power to make rules under this section shall be subject to the
conditions of previous publication.
(4) Every rule made under this Act shall, as soon as possible after it is
made or issued, be placed on the Table of the Legislative Assembly and if,
before the expiry of the session in which it is so placed or the next session, the
Legislative Assembly agrees in making any modification in any such rule, or
the Legislative Assembly agrees that the rule, should not be made or issued,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be, so however, that any such modification or
annulment shall be without prejudice to the validity or anything previously
done under that rule.
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SCHEDULE
[See section 2 (g)]
Certificates leading to which the private educational institutions
conduct courses of instructions:-
1. Plus Two Examination Certificate.
2. Matriculation Examination Certificate.
3. Middle Standard Examination Certificate.
4. Primary Standard Examination Certificate.
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