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The Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012

Maharashtra · state statute
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2013 : Mah. I]  1                                                           
THE MAHARASHTRA SELF-FINANCED SCHOOLS  
(ESTABLISHMENT AND REGULATION) ACT, 2012 
[Text as on 8th May 2024] 
————— 
CONTENTS 
PREAMBLE.  
SECTIONS. 
 1. Short title, extent and commencement. 
 2. Definitions. 
 3. Application to establish new school or up-gradation of existing school. 
 4. Creation of endowment fund. 
 5. No financial assistance by State Government to school established on self-financed basis. 
 6. Appointment of State Level Authority and Field Level Authorities. 
 7. Grant of permission. 
 8. Communication of decision of Government. 
 9. Special provisions in respect of certain schools. 
 10. Disciplinary action. 
 11. Permission for academic year. 
 12. Up-gradation of existing schools. 
 13. No school under this Act to be closed down. 
 14. Withdrawal of permission. 
 15. Provisions of Act to apply to school seeking affiliation to any Board or institution in the  
  State, outside State or outside India. 
 16. Power to issue directions to registered trust or registered society or local authority. 
 17. Power to amend Schedules. 
 18. Finality of orders. 
 19. Protection of action taken in good faith. 
 20. Officers, etc., to be public servants. 
 21. Act shall be in addition to existing laws. 
 22. Delegation of powers. 
 23. Power to make rules. 
 24. Power to remove difficulties. 
  SCHEDULE A 
  SCHEDULE B 
  SCHEDULE C 
 
 
2  The Maharashtra Self-financed Schools (Establishment [2013: Mah. I 
                                                          and Regulation) Act, 2012 
 
2013 : Mah. I]  The Maharashtra Self-financed Schools (Establishment 3 
                                                           and Regulation) Act, 2012 
LIST OF AMENDEMENT ACTS 
 1. Amended by Mah.  5 of 20131 (22-02-2013)2 
 2. Amended by Mah.  19 of 20133 (02-07-2013) 
 3. Amended by Mah.  39 of 2018 (15-05-2018) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
1  Maharashtra Ordinance No. 3 of 2013 was repealed by Mah. 5 of 2013, s. 5. 
2  Section 4 of Mah. 5 of 2013 read as under:— 
  4.  Validation of application made and action taken, if any, by State Government, etc. — Notwithstanding 
anything contained in the principal Act, all application made under section 3 of the principal Act on or after the  
31st January 2013 till the date of t he commencement of the Maharashtra Self -financed Schools (Establishment and 
Regulation) (Amendment) Act, 2013 (Mah. V of 2013), and all acts done by the State Government, any Authority or 
officer, during the said period, in connection with or in respect of  the said applications shall be deemed to be and always 
to have been validly made or done, as the case may be, under the principal Act, as amended by this Act. 
3  Maharashtra Ordinance No. 12 of 2013 was repealed by Mah. 19 of 2013, s. 10. 
 
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 
4  The Maharashtra Self-financed Schools (Establishment [2013: Mah. I 
                                                          and Regulation) Act, 2012 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2013 : Mah. I]  The Maharashtra Self-financed Schools (Establishment 5 
                                                           and Regulation) Act, 2012 
MAHARASHTRA ACT No. I OF 20131 
[THE MAHARASHTRA SELF-FINANCED SCHOOL  
(ESTABLISHMENT AND REGULATION) ACT, 2012.] 
[This Act received assent of the Governor on the 2nd January 2013; assent was first published  
in the Maharashtra Government Gazette, Part IV on the 4th January 2013.]  
An Act to make provisions to establish a new school including provision for  
up-gradation of existing school on self-financed basis, to make suitable  
provisions with regard to requirements and norms for establishing  
such new school or up-gradation of existing school, for creating an  
endowment fund and to provide for matters connected  
therewith or incidental thereto. 
WHEREAS, it is expedient to make provisions for giving permission to establish a new school 
including permission for up -gradation of the existing  school to upper -primary or secondary or higher 
secondary school, as t he case may be, on self -financed basis, to make suitable provisions with regard  
to requirements and norms for establishing such new school, or up -gradation of existing school, for 
inviting applications therefor, to provide procedure to scrutinize such appl ications for creating an 
endowment fund and to provide for matters connected therewith or incidental thereto; it is hereby 
enacted in the Sixty-third Year of the Republic of India as follows:—  
1.  Short title, extent and commencement. — (1) This Act may be  called the Maharashtra  
Self-financed Schools (Establishment and Regulation) Act, 2012.  
(2) It extends to the whole of the State of Maharashtra.  
(3) It shall come into force on such 2date as the State Government may, by notification in the 
Official Gazette, appoint.  
2.  Definitions.— (1) In this Act, unless the context otherwise requires,—  
3[(1-a) “Authority” means the State Level Authority and Field Level Authorities appointed 
under sub-section (1) of section 6 of the Act;] 
(a) “District Education  Officer” in relation to primary education means, the District 
Education Officer (Primary) and in relation to secondary or higher secondary education means, 
the District Education Officer (Secondary);  
(b) “Director”,—  
(i) in  relation to primary education, means the Director of Education  
(Primary Education);  
(ii) in relation to secondary or higher secondary education means, the Director of 
Education (Secondary and Higher Secondary Education);  
(c) “endowment fund” means the endowment fund created under section 4;  
(d) “existing school”  means a recognised school existing and imparting education on the 
date of commencement of this Act;  
(e) “local authority” means,—  
(i) in relation to educational institution managed by a Zilla Parishad,  the Zilla 
Parishad constituted under the Maharashtra Zilla Parishads  and Panchayats Samitis Act, 
1961 (Mah. V of 1962);  
(ii) in relation to educational institution managed by the Municipal of Corporation, the 
Municipal Corporation constituted under the Mumbai Municipal Corporation Act  
                                                   
1  For Statement of Objects and Reasons of the L.C. Bill No. VII of 2012 see “Maharashtra Government Gazette ”,  
Part V-A, Extraordinary No. 12, pages 13-14.  
2  19th January 2013, vide G.N. S.E.D., No. MIS.2011/C.R.239/SE -1, date d the 19 th January 2013, M.G.G. Part IV -B, 
Extraordinary No. 6. 
3  This clause was inserted by Mah. 39 of 2018, s. 2(1). 
6  The Maharashtra Self-financed Schools (Establishment [2013: Mah. I 
                                                          and Regulation) Act, 2012 
(III of 1888) or, as the case may be, the Maharas htra Municipal Corporations Act   
(LIX of 1949);  
(iii) in relation to educational institution managed by the Municipal Council, Nagar 
Panchayat or, as the case may  be, Industrial Township, the Municipal Council, Nagar 
Panchayat or Industrial Township constituted under the Maharashtra Municipal Councils, 
Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965); 
(iv) any other authority treated as local authority under any other law; 
1*     *     *     * 
(g) “prescribed” means prescribed by rules; 
2[(g-1) “registered company” means a company registered under the provisions of section 8 
of the Companies Act, 2013 (18 of 2013);] 
(h) “registered society”  means a society for charitable purposes registered under the 
provisions of the Societies Registration Act, 1860 (21 of 1860);  
(i) “registered trust”  means a public trust for charitable purposes registered under the 
provisions of the Maharashtra Public Trusts Act (XXIX of 1950);  
(j) “rules” means rules made under this Act;  
(k) “Schedule” means the Schedule appended to this Act;  
(l) “school” means a 3* * * *, primary school, secondary school, higher secondary school or 
junior college recognised by the Government and managed by any management and affiliated to 
any Indian or foreign course or Board on self -financed basis wherein all expenses of the school, 
for any purpose whatsoever, are to be me t with by the management itself ; and neither any  
grant-in-aid or financial assistance be given from the State Government or from a local authority, 
nor the State Government or the local authority be liable to meet any liability whatsoever incurred 
by such management of the school;  
4*     *     *     * 
(n) “section” means section of this Act;  
(o) “State” means the State of Maharashtra;  
(p) “up-gradation of school”  means up -gradation of a recognised primary school to  
upper-primary school, upper -primary school to secondary school or se condary school to higher 
secondary school.  
(2) Words and expression used in this Act, but not defined herein, and  
(i) defined  in the Right of Children to Free and Compulsory Education Act, 2009     
(35 of 2009) or the rules made thereunder shall have the meanings respectively assigned t o 
them in that Act or the rules; or  
(ii) defined in the Maharashtra Primary Education Act (LX I of 1947) or the 
Maharashtra Secondary and Higher Secondary Education Boards Act, 1965   
(Mah. XLI of 1965) or the Maharashtra Educational Institutions (Transfer of Management) 
Act, 1971 (Mah. XLIX of 1971) or the Maharashtra Educational Institutions (Mana gement) 
Act, 1976  (Mah. XIII of 1976) or the Maharashtra Employees of Private Schools 
(Conditions of Service) Regulation Act, 1977  (Mah. III of 1978) shall, as the context may 
require, have the meanings respectively assigned to them in or under these Acts. 
3.  Application to establish new school or up -gradation of existing school. — 5[6[(1)] Any  
registered company or a registered trust or a registered society or a local authority desirous of 
                                                   
1  Clause (f) was deleted by Mah. 19 of 2013, s. 2(1). 
2  This clause was inserted by Mah. 39 of 2018, s. 2(2). 
3  The words “pre-primary school” were deleted by Mah. 19 of 2013, s. 2(2). 
4  Clause (m) was deleted by Mah. 39 of 2018, s. 2(3). 
5  Section 3 was re-numbered as sub-section (1) thereof by Mah. 19 of 2013, s. 3(1). 
6  These sub-sections were substituted for sub-section (1) by Mah. 39 of 2018, s. 3(1). 
2013 : Mah. I]  The Maharashtra Self-financed Schools (Establishment 7 
                                                           and Regulation) Act, 2012 
establishing a new school, such as primary or upper -primary or secondary or higher secondary, or  
up-gradation of the existing school to upper -primary or secondary, or higher secondary school, as the 
case may be, shall submit the application online in the format as provided in Schedule A alongwith the 
documents as specified in Schedule B. The application shall be accompanied with such fee s as the 
State Government may by order, specify, from time to time. 
(1A) The process of submitting online application und er sub -section ( 1) shall remain available 
continuously throughout the year.]  
1[(2) The Government may prescribe detailed procedure for processing the applications received 
under sub-section (1) including procedure for declaration of eligibility, issuing of Letter of Intent and 
Letter of Approval. 
(3) If, in the Development Plan, the Competent Authority has reserved the plot for education 
purposes having area less than the area specified in entry ( 12) of Schedule A, in such case, the  
Government may relax the condition regarding area of land specified in entry (12): 
Provided that, for the academic year 2013 -2014, such relaxation may be made with retrospective 
effect. 
(4) The condition regarding area of land specified in entry ( 12) of Schedule A, shall not b e 
applicable for the proposals of up -gradation of schools having complied with the norms and standards 
required under the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009). 
(5) 2[If, any registered company or a registered trust] or a registered society or a local authority 
has submitted the application for establishing a new school under sub-section (1) and complied with all 
conditions, except the requirement of registered documents specified in entry ( 11) of Schedule A, in 
such case, the Government may grant permission to establish a new school applied for, if such trust or 
society or local authority has submitted the duly registered documents before issuing the Letter of 
Intent: 
3*     *     *     *] 
4.  Creation  of endowment fund. — (1) 4[Any registered  company or a registered  trust] or a 
registered society or a local authority desirous of establishing a new school or up -grading the existing 
school shall have to deposit the amount as 5[specified in Schedule C as fixed deposit in any Bank. 
However, before issuing the Letter of Intent, the said amount shall be deposited jointly in the name of 
the management and the concerned District Education Officer (Secondary) by way of National Saving 
Certificate or Fixed Deposit in any Nationalized  Bank as security deposit towards creating an 
endowment fund; and pledge, such Certificate or Fixed Deposit with the concerned District Education 
Officer. Such Certificate or Deposit shall be made for a period of minimum three years subject to the 
condition of further renewal.] 
6*     *     *     * 
(2) The endowment fund may, with the prior permission of the State Government and subject to 
the provisions of section 5, be utilized for meeting the liability in the form of legal dues, if any, of the 
management.  
5.  No financial assistance by State Govern ment to school established on self -financed 
basis.— (1) An application, for establishing a new school or for up -gradation of a school anywhere in 
the State by private management of 7[registered company or a registered trust] or a registered society or 
a local authority shall, and shall only, be on the condition that such school shall be established, 
maintained and administered or up -graded on self -financed basis. Subject to the provisions of sub -
section (2) of section 12 of the Right of Children to Free a nd Compulsory Education Act, 2009 (35 of 
2009), all expenses in a school for any purpose whatsoever shall be met with by the management itself 
                                                   
1  These sub-sections were added by Mah. 19 of 2013 s. 3(5). 
2  These words were substituted for the words “If, any registered trust” by Mah. 39 of 2018, s. 3(2). 
3  The proviso was deleted by Mah. 39 of 2018, s. 3(3). 
4  These words were substituted for the words “Any registered trust” by Mah. 39 of 2018, s. 4(1). 
5  This portion was substituted for the portion beginning with the words “specified in Schedule C” and ending with the 
words “District Education Officer.” by Mah. 19 of 2013, s. 4. 
6  The proviso was deleted by Mah. 39 of 2018, s. 4(2). 
7  These words were substituted for the words “registered trust” by Mah. 39 of 2018, s. 5. 
8  The Maharashtra Self-financed Schools (Establishment [2013: Mah. I 
                                                          and Regulation) Act, 2012 
; and neither any grant-in-aid or financial assistance shall be sought from the State Government or from 
a local authority, nor shall the State Government or the local authority be liable to meet any liability in 
the form of legal dues whatsoever incurred by such management of the school.  
(2) On withdrawal of a permission to run or up -grade a school granted under th e provisions of 
this Act, or where a school is established or up -graded without obtaining such permission, or any 
school established or up -graded after obtaining a permission under the provisions of this Act, or an 
existing school is closed, or any reason whatsoever, the liabilities in the form of legal dues of a 
management establishing or up -grading or closing a school, as aforesaid, shall first be met with from 
the endowment fund created under section 4. 
(3) If the endowment fund falls short of the total liability in the form of legal dues incurred by the 
management, which has obtained a permission to establish or up -grade a school on self-financed basis, 
the office bearers and  the members holding office for the time being in force of the management of a 
school, shall be jointly and severally liable to meet such liability in equal proportion:  
Provided that, nothing contained in this sub -section shall render any such person liable as 
aforesaid, if he proves that such liability was incurred without his knowl edge or that he exercised all 
due diligence to prevent  incurring such liability.  
(4) Notwithstanding anything contained in sub -section (3), where a liability in the form of legal 
dues has been incurred by the management and it is proved that the liability has been incurred with the 
consent or connivance of, or is attributable to any neglect  on the part of any secretary, manager, or any 
staff, then such secretary, manager, or staff, shall also be deemed to be liable to meet such liability.  
1[6.  Appointme nt of State Level Authority and Field Level Authorities. — (1) The State 
Government shall appoint the State Level Authority and the Field Level Authorities as may be required 
for accepting and scrutiny of applications. 
(2) The procedure for appointment of the State Level Authority and Field Level Authorities shall 
be such as any be prescribed. 
(3) The powers and duties and the procedure to be followed for transacting the business of the 
State Level Authority and the Field Level Authorities shall be such as may be prescribed.] 
7.  Grant of permission. — 2[(1) The State Government may, on the basis of report of the State 
Level Authority or otherwise, grant or refuse the permission to establish a new school applied for or to 
up-grade an existing school.] 
 (2) The decision of the State Government under sub-section (1) shall be final: 
3[Provided that, the State Government may, after due verification and recording reasons, review 
any such decision including for the academic year 2013-2014.] 
8.  Communication of decision of Government. — 4[(1) The procedure for communicating  the 
decision to the applicant , regarding grant or refusal of the permission with reference to application 
made under section 3 shall be such as may be prescribed.]  
(2) On establishing a new sc hool or up -gradation of a school from the academic year for which 
the permission is granted, the management shall inform the concerned District Education Officer about 
the same within one month from the commencement of the academic year.  
9.  Special provi sions in respect of certain schools. — The State Government, in case of a 
school imparting education in any language 5[*  *  *]  as a medium of instruction, running for a period 
of at least five years immediately before the date of commencement of this Act, shall have power to 
grant permission to such school under this Act:  
                                                   
1  This section was substituted by Mah. 39 of 2018, s. 6. 
2  Sub-section (1) was substituted by Mah. 39 of 2018, s. 7. 
3  This proviso was added by Mah. 19 of 2013, s. 6. 
4  Sub-section (1) was substituted by Mah, 39 of 2018, s. 8. 
5  The words “except English,” were deleted by Mah. 39 of 2018, s. 9. 
2013 : Mah. I]  The Maharashtra Self-financed Schools (Establishment 9 
                                                           and Regulation) Act, 2012 
Provided that, no such school shall be granted permission under this section unless the provisions 
of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) are complied with:   
Provided further that, all the provisions of t his Act, except the provisions of sections 3, 4 and of 
paragraph 12 of Schedule A shall, mutatis mutandis apply to such school.  
10.  Disciplinary action. — The work of scrutiny of applications received under section 3, 
submission of report of inspection and official duties assigned to the officers under this Act if found to 
be inaccurate or false, or there is any wilful or intentional delay or negligence in discharge of such 
official duties, it shall amount to dereliction of official duties and make such officer liable for 
appropriate disciplinary action under the Maharashtra Civil Services (Discipline and Appeal) Rules, 
1979 or any other relevant disciplinary rules applicable to such officer.  
11.  Permission for academic year. — Permission to establish or up -grade a school granted 
under the provisions of this Act shall be for the academic year for which it is granted and on the failure 
of the management to start a school within eighteen months, the permission so granted shall sta nd 
cancelled. 
12.  Up -gradation of existing schools. — (1) 1[Any registered company or a registered  trust] 
society or a local authority  running an existing school may, at its option apply for up -gradation of the 
school on self -financed basis under this Act  and shall abide by the orders or directions issued by the 
State Government in this regard. 
(2) The Director or an officer nominated by the Director may during working hours enter and 
inspect such school as and when required and forward the inspection report to the State Government.   
13.  No school under this Act to be closed down. — (1) Save as otherwise provided in this Act, 
no school established or up-graded under this Act shall be closed down or discontinued, unless a notice 
of not less than eighteen months indicating the intention of the management of the school to do so, has 
been given by the secretary or manager or any person who is managing the affairs of the school, by 
whatever designation called, to the concerned Director and the State Government. On receipt of such 
notice, the Director may, if in his discretion he so desires, give the secretary, manager or the person 
who is managing the affairs of the school, as the case may be, an opportunity of being heard in person. 
Thereafter, if the Director i s of the opinion that the closing down or discontinuation of school is 
justified, he shall report to the State Government shall take appropriate action to accommodate affected 
students. The Government shall take appropriate actions to accommodate such affe cted students to 
other available neighbourhood schools.  
 (2) If any such secretary, manager or person who is managing the affairs of the school fails to 
give notice as required under sub-section (1), he shall, on conviction, be punished with fine which shall 
not be less than five lakh rupees but which may extend to ten lakh rupees.  
14.  Withdrawal of permission. — (1) Without prejudice to the provisions of section 11, the 
State Government may, by order, withdraw the permission, if any, granted, on following reasons, 
namely:— 
(a) violation of any of the provisions of this Act or rules made thereunder or failure to 
comply with any directions issued under this Act or the norms or standards or terms and 
conditions, if any, stipulated by the State Government, from time to time ;  
(b) engaged in activities prejudicial to the interests of the student ; or  
(c) poor academic performance.  
                                                   
1  These words were substituted for the words “Any registered trust” by Mah. 39 of 2018, s.10. 
10  The Maharashtra Self-financed Schools (Establishment [2013: Mah. I 
                                                          and Regulation) Act, 2012 
(2) No order for withdrawal of permission under sub -section (1) shall be passed, unless a 
reasonable opportunity of being  heard is given to 1[such company or trust]  or society or local 
authority. 
15.  Provisions of Act to apply to school seeking affiliation to any Board or institution in the 
State, outside State or outside India. — (1) 2[Any registered company or a registered  trust] or a 
registered society or a local authority intending to establish or run a school which it proposes to have it 
affiliated to any Board or any Institution in the State, outside the State or outside India shall be bound 
to comply with the requireme nts for establishing such school in the State in addition to any other 
requirements of any such Board or Institution in the State, outside the State or outside India and any 
application for permission to establish or run such school made by 3[such company, trust], society or 
local authority in that behalf shall be processed in accordance with the provisions of this Act.  
(2) No such school shall be established without obtaining the permission under this Act, and 
merely because an application is made in that behalf it shall not be deemed that a permission is granted 
for establishing such school in this State.  
(3) 4[The registered company or a registered  trust] or registered society or local authority as the 
case may be, shall ensure that the school is run as per the provisions of this Act or the rules made 
thereunder, and the specified norms and standards and shall be committed to provide quality education 
to the children.  
16.  Power to issue directions to registered trust or registered society or local authority. — 
The State Government may issue to 5[Any registered company or a registered  trust] or registered 
society or local authority to which permission is gra nted under this Act, such general or special 
directions, consistent with the provisions of this Act and the rules made thereunder, as in its opinion are 
necessary or expedient, for carrying out the purposes of this Act or for giving effect to any of the 
provisions contained therein or in any rules or orders made thereunder and the management of the 
educational institution shall comply with every such direction.  
17.  Power to amend Schedules. — (1) The State Government may, from time to time, by 
notification in the Official Gazette, modify, add to or delete any entry, from any of the Schedule and 
may, for that purpose, suitably amend the Schedule, by the said notification, and thereupon the entry in 
the Schedule shall stand amended accordingly.  
(2) Every not ification issued under sub -section ( 1) shall be laid, as soon as may be, after it is 
issued, before each House of the State Legislature.  
18.  Finality of orders.— Save as otherwise expressly provided in this Act, every decision taken, 
order passed or noti ce, directions issued by the State Government or the concerned Director shall be 
final.  
19.  Protection of action taken in good faith. — No suit, prosecution or other legal proceeding 
shall lie against any officer of the State Government for anything which  is done in good faith or 
intended to be done by any such officer under this Act or any rules or orders made thereunder. 
20.  Officers, etc., to be public servants. — Every officer or servant acting under the provisions 
of this Act or the rules shall be deemed to be a public servant within the meaning of section 21 of the 
Indian Penal Code.  
 21.  Act shall be in addition to existing laws. — The provisions of this Act s hall be in addition 
to, and not in derogation of, the provisions of any law for the time being in force in relation to, and 
applicable to, a management of a school established or up-graded under this Act.  
                                                   
1  These words were substituted for the words “such trust” by Mah. 39 of 2018, s. 11. 
2  These words were substituted for the words “Any registered trust” by Mah. 39 of 2018, s. 12(1)(a). 
3  These words were substituted for the words “such trust” by Mah. 39 of 2018, s. 12 (1)(b). 
4  These words were substituted for the words “The registered trust” by Mah. 39 of 2018, s. 12(2). 
5  These words were substituted for the words “any registered trust” by Mah. 39 of 2018, s.13 
2013 : Mah. I]  The Maharashtra Self-financed Schools (Establishment 11 
                                                           and Regulation) Act, 2012 
22.  Delegation of powers.— The State Government may, by notification in the Official Gazette,  
delegate all or any of its powers under this Act, except the powers under sections 6, 7, sub -section (1) 
of section 17, this section and section 23, the powers of the Director and District Education Officer, to  
any of its or their subordinate officers subject to such conditions and to such control as may be 
specified in the notification; and it may, in the like manner, withdraw any powers so delegated.  
23.  Power to make rules. — (1) The State Government may, by  notification in the  
Official Gazette, and subject to the condition of previous publication, make rules for carrying out all or 
any of the purposes of this Act.  
(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before  each 
House of the State Legislature, while it is in session for a total period of thirty days, which may be 
comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
in which it is so laid or the session imme diately following, both Houses agree in making any 
modification in the rule or both Houses agree that the rule should not be made, and notify their decision 
to that effect in the Official Gazette, the rule shall from the date of publication of such decisio n in the 
Official Gazette, 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 of anything 
previously done or omitted to be done under that rule.  
24.  Power to remove difficulties. — (1) If any difficulty arises in giving effect to any of the 
provisions of this Act, the State Government may, as occasion arises, by an order, published in the 
Official Gazette, do anything, not inconsistent with the provisions of this Act, which appears to it to be 
necessary or expedient for the purposes of removing the difficulty:  
Provided that, no such order shall be made after the expiry of a period of two years from the date 
of commencement of this Act.  
(2) Every order made under sub -section ( 1) shall be laid, as soon as may be, after it is made, 
before each House of the State Legislature. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
12  The Maharashtra Self-financed Schools (Establishment [2013: Mah. I 
                                                          and Regulation) Act, 2012 
SCHEDULE A 
(See section 3) 
FORM OF APPLICATION 
1[(1) Name of the Applicant - A Registered Company or a Registered  
Trust or Registered Society or a local authority:] 
(2) Application for opening of new school : 2* * * or Primary or  
Upper-primary or Secondary or Higher Secondary either  
separately or in combination with one or more of them: 
(3) The name of the School: 
(4) Full address of the — 
(a) Applicant: 
(b) Office of the Management: 
(5) Up-gradation of existing school : 3[Primary to Upper Primary or 
Upper Primary to Secondary or Secondary to Higher Secondary]  
(give DISE or SEMIS number of existing school): 
(6) Medium of Instruction for proposed new school or  
up-gradation of existing school: 
(7) Details about existing affiliation or proposed  
affiliation to State Board or CBSE or ICSE or   
IGCSE or IB or CIE or any other Board or  
Institute, by whatever name called: 
(8) Place, taluka, district where the school is or will  
be located: 
4[(9) Copy of certificate of registration of company or trust or  
society or details of local authority:] 
5[(10) (a) Copy of the Memorandum of Association or  
      Trust Deed or Scheme:  
(b) Details of the Directors of company, trustees, members  
      of the managing committee and their addresses:] 
(11) Land details—  
6[(a) Registered Land in the name of the company or trust or       
        Society.  
(b) Registered Lease Deed or registered agreement of thirty years or  
      more in the name of the company or trust or society:]  
 7* * * 
8(12) Area of land available —  
(a) Minimum 500 Square meters in areas of all Municipal 
Corporations and in areas of all A Grade Municipalities in the State:  
(b) Minimum one acre in remaining all areas:]  
 
(13) Construction on the land for which the documents  
are submitted (details about the construction)— 
                                                   
1  Entry (1) was substituted by Mah. 39 of 2018, s. 14(1). 
2  The words “Pre-primary or” were deleted by Mah. 19 of 2013, s. 8(1). 
3  These words were substituted for the words “Primary or Upper -primary or Secondary or Higher Secondary” by  
Mah. 19 of 2013, s. 8(2). 
4  Entry (9) was substituted by Mah. 39 of 2018, s. 14(2). 
5  Entry (10) was substituted by Mah. 39 of 2018, s. 14(3). 
6  Sub-entries (a) and (b) were substituted by Mah. 39 of 2018, s. 14(4). 
7  Clause (c) was deleted by Mah. 19 of 2013, s. 8(3)(b). 
8  Entry (12) was substituted by Mah. 39 of 2018, s. 14(5). 
2013 : Mah. I]  The Maharashtra Self-financed Schools (Establishment 13 
                                                           and Regulation) Act, 2012 
(a) Total area in square metre:  
(b) Construction area in square metre:  
(c) Area available in classroom per child (per child  
approximately one square metre):  
Total construction details— 
(i)   Number of Classrooms-(classroom size eight  
        metres x six metres):  
(ii)   Staff room :  
(iii)  Principal room:  
(iv)   Office room:  
(v)    Library:  
(vi)   Laboratory:  
(vii)  Activity room:  
(viii)  Computer room (minimum ten computers):  
(ix)    Toilets (lavatory for boys and girls separately):  
(x)     Drinking water facility:  
(xi)    Equipped with necessary furniture:  
(xii)   Playground: 
(14) Transport facility for children (optional): 
(15) Residential facility for children (optional): 
(16) Staff quarters (optional): 
(17) Extra facilities (provided by the school), details: 
(18) Bank details—  
(a) Current savings, fixed deposit, bonds:  
(b) Balance sheet or certified audit report: 
(19) Details about the fees which shall be charged,  
estimated income and expenditure details: 
(20) Staff norms-adequate qualified staff according to  
norms: 
 
 
Dated:           Signature. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
14  The Maharashtra Self-financed Schools (Establishment [2013: Mah. I 
                                                          and Regulation) Act, 2012 
SCHEDULE B  
(See section 3) 
DOCUMENTS TO ACCOMPANY THE APPLICATION 
(1) Copy of Certificate of Registration.  
1[(2) Copy of Memorandum of Association or Trust Deed or 
Scheme, in case of company or trust or society, as the case 
may be.] 
(3)  Documents related to land details. 
(4)  Documents related with construction details-plan, 
commencement certificate, completion certificate, 
occupation certificate. 
(5)  Photos related with infrastructure norms as required under 
the provisions of the Right of Children to Free and 
Compulsory Education Act, 2009. 
(6)  Documents related with bank Accounts. 
(7)  Audit report. 
(8)  Balance sheet. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
                                                   
1  Entry (2) was substituted by Mah. 39 of 2018, s. 15. 
2013 : Mah. I]  The Maharashtra Self-financed Schools (Establishment 15 
                                                           and Regulation) Act, 2012 
SCHEDULE C  
[See section 4(1)] 
(a) for establishing a 
new primary 1* * * 
or upper-primary or 
secondary or higher 
secondary school,  
as the case may 
be,— 
(i) in village panchayat  
area  
(ii) in Municipal Council, 
Nagar Panchayat or 
Industrial Township area 
Rupees minimum  
two lakh,  
Rupees minimum  
three lakh, 
 (iii) in Municipal 
Corporation area  
(iv) in Mumbai and  
Mumbai suburban  
area 
Rupees minimum  
five lakh,  
Rupees minimum  
seven lakh; 
(b) for establishing a 
new school from 
primary level to 
higher secondary,— 
(i) in village panchayat  
area  
(ii) in Municipal Council, 
Nagar Paachayat or 
Industrial Township area  
(iii) in Municipal 
Corporation area  
(iv) in Mumbai and  
Mumbai suburban area 
Rupees minimum  
five lakh,  
Rupees minimum  
ten Lakh,  
 
Rupees minimum  
fifteen lakh,  
Rupees minimum  
twenty lakh; 
(c) for up-gradation 
of school to upper-
primary, secondary 
or higher secondary 
school, as the case 
may be,— 
(i) in village panchayat  
area 
  
(ii) in Municipal Council, 
Nagar Panchayat or 
Industrial Township area  
(iii) in Municipal 
Corporation area  
 
(iv) in Mumbai and  
Mumbai suburban area 
Rupees minimum  
two lakh (for each  
up-gradation),  
Rupees minimum  
three lakh (for each  
up-gradation),  
Rupees minimum  
five lakh (for each  
up-gradation),  
Rupees minimum seven 
lakh (for each up-
gradation). 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
1  The words “or Pre-Primary attached to Primary” were deleted by Mah. 19 of 2013, s. 9. 

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