The Manipur Private School (Registration and Regulation) Act, 2017

 
 
MANIPUR 10% GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
  
 
 
No. 297(A) ' Imphal, Monday, September 11, 2017“ (Bhadra 20, 1939)
 
GOVERNMENT OF MANIPUR
SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT
NOTIFICATION
Imphal, the »11th September, 2017
No. 2/48/2017-Leg/L: The following Act of the Legislature, Manipur which received assent
of the Governor of Manipur on August 31, 2017 is hereby published in the Official Gazette:
: . THE MANIPUR PRIVATE SCHOOL (REGISTRATION AND
REGULATION) ACT, 2017
(MANIPUR ACT NO. 7 OF 2017)
' . ‘ AN
ACT
to provide for the registration and regulation of pritzate schools in the
State of Manipur.
Whereas in order to regulaterand. supervise the establishment and
management of private schools in the Stateof Manipur, it is expedient to
provide for registration and regulation of such schools and for dealihg
Withmatters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Manipur in the
Sixty-eighth Year of the Republic of India as follows: -
1. (1) This Act may be called the Manipur Private School Shorttitlc,
(Registration and Regulation)Act, 2017. , extent and
commencement.
(2) It shallfextend to the whole of‘ the State of Manipur.
(3) . It shall come intotforce on such date as the. Government may,
by notification, in the Official Gazette, appoint.
 
 
 
Definitions. In this Act, unless the context otherwise requires,-
. (a)
0))
(C)
(d)
(e)
(f)
(g)
(h)
(i)
(i)
“Appellate Authority” means an officer appointed or
designated by the State Government by notification;
“Board” means the Board of Secendary Education,Manipur
established under the Manipur Elementary. and Secondary
Education Act, 1972 as amended from time to time;
* “children’ means boys and girls above the age of six and
' below theage of eighteen years receiving instructions at any
stage of education;
“Council” means the Council of Higher Secondary Education,
Manipur established under the Manipur Higher Secondary
Education, Act, 1992 as amended from time to time;
“educational agency” means any person or body ofpersons. or
a society or a trust or a private company which has established
and is administering and proposes to establish and administer
a private school, tutorial home or coaching institute;
“elementary education” means education pertaining to
Classes-I to VIII and includes all courses of study in the
primary and upper primary schools;
“higher secondary education” means education pertaining to
class XI and XII;
“loeal authority” means a Zilla Parishad, Autonomous
District Councils, Municipal Corporation Municipal Council
established under an. Act.
“prescribed” means prescribed by rules made under thisAct;
“private school” means any institution imparting nursery,
elementary; secondary and. higher, . secondary education
established or maintained and administered by any person or
body of persons but does not include a school-
(i) estabhshed and administered or maintained by the
“' Central Government or the State vaemment or any
local authority or any other authority designated
or sponsored by the Central; Government or the State
Government; and -
Manipur Act
No. 7 of 1972.
Manipur Act
No. 4 of 1992.
 
3
(ii) providing .01. imparting only religious instruction,
but not any other instruCtiOn; i
41:) “Registering pAuthority” means an Officer or authority
appointed or authorized by the State Government by
notification, tgperform the functions and discharge the duties
ofthe registering authority under all or any. of the provisons of
this Act for area V or for such purpOses or as may be
specified. in the notification; by rules to exercise all or any
of the powersof the Registering Authority under this Act;
11) “rules” means the rules made under this'Act; and
(m) “secondary education” means education pertaining to
Class—IX and Xuand includes courses of study equivalent
thereof.
3. (1) Save aszotherwise provided in this Act, every private
setaooi established on or before the date of commencement of this Act or
:Zmded to be established thereafter, shall notwithstanding anything
pertained in any law for the time being, in force, be registered in
terdance with this Act and the rules made thereunder.
(2) No person or local authority shall establish or as the case may
”:2- run or maintain a private school requiring registration under this
aestion unless such institution is so registered.
4. (1) Any educational agency intending to establish a private
m1 and any person intending that an institution already in existence
s'ruld be continued as such, shall make an application to the Registering
Althetity for registration within such period and in such manner along
with such fee as may be prescribed.
12) The Registering Authority, on receipt of the application,
y'all make such enquiries as heconsiders necessary in order to satisfy
3w.celf— . . -
(a) that there isneed forproviding educational facilities to
the people in -- the locality or for the type of education
intendedrto be provided by such school;
(b) that there is adequate financial provision for continued
and efficientg, maintenance of such institutions as
prescribed-iby the competent authority; lz: J
Registration
of private
school.
Procedure
for
Registration.
\
 
 
 
(c) - that the site for the building, playground and garden
proposed to be provided and the building in which
the inStitution is proposed to be housed conform to
the rules prescribed'thete‘for; I
(d) that the buildings 'and‘premises will provide adequate
facilities with due regard, safety and hygiene;
(e) that the teachers,tutors and non—teaching stafi are
qualified, adequate and adequately paid according to
thestandards and norms prescribed by rules under
this Act; '
(t) that the fees to be charged is not disproportionate to
the facilities provided and does not exceed limits
prescribed by rules under this Act;
(g) that there is no reason tobelieve that the institution
will not be run in an undesirable manner or by
undesirable persOns;
(h) that the institution follows a curriculum and syllabus
prescribed by the Academic Authority, Board or
Council or any other prescribed authority established
under any other law of the State Legislature or the
Parliament; and
(i) that noybook which has not been approved by the
. Central or State Boards or which has not been
published and printed by it, is prescribed for study in
the private school. ‘ I
(3) If the Registering Authority,. after an enquiry within ninety
days of thé‘ making of the application under sub—section (1), is
' satisfied in respect of the matters set out in sub—sectiOn (2), he shall
proceed to give registration in the prescribed manner.
(4) , The educational agency to‘whom a certificate is gamed
shall be responsible for due compliance of the provisions of this Act
and the rules made thereunder and terms and conditions, if any, on
which the certificate is granted. 1
(5) The certificate granted under sub-section (3) shall remain
valid for a period of two years within Which-the educational agency
shall establish the school and obtain recognition from the recognition
authority.
AM“.
i.on»
.vMm...
5 .
5. (1) A private school not already in existence, shall be
established only after a Certificate has been granted under sub-section (3)
of section 4: ”
Provided that such private school may be established and run after
an application for registration under sub-section (1) of section 4 has been
made till the disposal of such application, but shall be closed down
immediately if the certificate under sub-section (3) of that section is
refused
/
(2) A private school (already in existence in respect of which an
application under sub-section (1) of section 4 has been made within ninety
, days of coming into force of this Act may continue pending the disposal
of the application, but shall close down immediately if the certificate
under sub-section (3) of that section is refused
(3) A private school already in existence, in respect of which no
application under section 1 of section 4 has been made within a period of
ninety days after the coming into force of this Act, shall not continue after
the expiry of that period. -
6,. A certificate issued under sub—section (3) of section 4 may be
suspended or cancelled by the Registering Authority if there is a
contravention of any of the provisions of this Act or the rules made
thereunder or any terms and conditions imposed under sub—section (3) of
. section 4.
7. If the Registering Authority refuses to grant a certificate
under sub-section (3) of section 4', ’Or suspends or cancels under section
6, a certificate so granted, the applicant or the holder of the certificate
may, within thirty daysnfrom the date of order of the Registering
Authority, prefer an appeal to the Appellate Authority, and the order passed
by the Appellate Authority shall be final and given effect to by. the
Registering Authority.
8. Whosoever continue town a private school without
. registration or alter refusal or cancellation of registration or willfully
contravenes any of the provisions of this Act or the rules made there
under or the cOnditions imposed Under'sub-section (3) of section 4 shall
be punishable with imprisonment for a term which may extend to one
year, or fine which may extend to rupees one lakh or with both.
- 9. No Court shall take cognizance of an offence under this Act
except upon complaint1n writing made by the Registering Authorityor
' an officer authorised by the Government1n this behalf and no Court
inferior to that of Chief Judicial Magistrate shall try any such ofience.
Establishment
and continuance
of private
school.
Suspension
or
cancellation
of cextificate.
Appeal.
Penalty.
Cognizance
of offence.
Directions
and
Instructions. ,.
Accounts &
Audit.
Power to
make rules
6
10. The Registering Authority may, from time to time, issue such
directions or instructions to the owner of private school as may be
necessary to accomplish the objectives of this Act, and 'such owner shall
comply with such directions or instructions within the time specified by
the Registering Authority.
11. The accounts of private schools shall be maintained and
audited in such manner as may be prescribed-andthe educational agency
shall file every year with the Registering Authbrity such duly audited
financial and other returns as may be prescribed.
12. (1) The Government may; by notification in the ofificial
Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregiong power, such rules may provide Tor—
(a) grant of registration to private schools and conditions
thereof;
(b) period and the manner for applying for registration of
private schools;
(0) form of register maintained for registration of private
schools and of the registration'certificates;
_ (d) regulating the rates of fees, the levy and collection of
fees in private schools;
(e) manner in which accounts, registers and records shall
be maintained in schools, and the authority responsible
for such maintenance;
(f) submission of returns, statements, reports, accounts by
managers of educational institutions and authority
responsible for such maintenance;
(g) inspection of priyal'etischools and the officers by whom
' inspection shall be made;
(11) mode of keeping and auditing of accounts of such
institutions;
('1) standards of education and course of study;
1...:
m1.)
0) working of the Registering Authority; and
(k) any other matter whichis to be, or may be, prescribed,
- or in respect of which provision is to be made by
rules.
(3) All rules made under this Act shall be laid for not less than
seven days before the Manipur Legislative Assembly as soon as
possible, while it is in session, and shall be subject to such modification
as the Legislative Assembly may make during the session in which they
are so laid‘ or the session immediately following.
13. If any difficulty arises in giving effect to theprovisions of powem
this Act, the State Government may, by order published in the Ofiicial F#mOVCI
Gazette, make such provisions not inconsistent with the provisions of d'fficumes’
this Act as appear to it to be necessary or expedient for removal of the
difliculty: '
Provided that no. such order shall be made after the expiry of a
period of two years from the date of the commencement of this Act.
PATIENCE PANMEI,
Under Secretary (LaW),.
Government of Manipurt
 
Printed at the Directorate of Printing & Stationery, Government of Manipur/305-C/1 1-09-2017.
.

‹ Prev All Manipur acts Next ›