The Punjab Regulation of Fee of Un-aided Educational Institutions Act, 2016.

in 
PUNJAB GOVE GAZ (EXTRA) DECEMBER 23. 2014 
(PASUA 2, 1938 SAKA) 
ul PART | 
GOVERNMENT OF PUNJAB 
19] 
DEPARTMENT OF LEGAL AND LEGISLATIVE AIFAIRS, PUNJAB 
NOTIFICATION 
The 231d December, 2016 
No. 54-Leg./2016.-The following Act of the Legislature of the State of 
punjab received the assent of the Governor of Punjab on the 22nd day of 
December, 2016, is hereby published for general information:- 
THE PUNJAB REGULATION OF FEE OF UNAIDED 
EDUCATIONAL INSTITUTIONS ACT, 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 (he 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 Sixty- 
seventh Year of the Republic of India as follows: - 
Lo (1) This Act may be called the Punjab Regulation of fee of Un-aided Shor le wl 
Educational Institutions Act, 2016. 
(2) It shall come into force on and with effect from the date of its 
Publication in the Official Gazette. 
i 
Toa 1'e 1 es, - 
In this Act, unless the context otherwise requil | 
velve months prescribed as 
Definitions. 
r A (3) ‘academic year’ means a period of be presc + such, and different academic years may | 
classes of institutions; 
‘bed for ditferent 
¢ ol an institution in the 
ab School Education 
and authorized 
i i (he nam 
5 ‘affiliation’ means inclusion of the ni of 
ons with the Pun 
approved list of affiliated instituti - Ed 
Board or any other such board or aut of ) ho - 
for admitting 
by the Central Government 
said board or authority;
, 
PUNJAB GOV'L GAZ. (LX TRA) 
(c) 
(N 
(h) 
(i) 
@) 
(k) 
, DECEMBER 23.2016 192 (PASUA 2, 1938 SAKA) ] 
a 
> » 4 kb} 
TE “appropriate authority’ means 
(iy inthe case of an unaided edye ational institution rec to be recognized by an authority, authorize 
Government, that authority; and 
0gnized or 
d by the State 
(i) inthe case of an unaided educational institutio 
to be recognized by an authority, authorized 
Government, that authority; 
nrecognized of 
by the Central 
‘Regulatory Body” means the Regulatory Body, constituted under section 3; 
“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; 
‘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, 
fixed or increased under section S; 
as 
‘fee’ means any amount by whatever name it may be called, which 
is charged directly or indirectly by an Unaided Educational Institution 
lor admission of a student for education to any standard of course 
of Study; 
Fund’ means the Unaided Educational Institution Development Fund 
constituted under section 9; 
‘Government’ means the Government of the State of Punjab in the 
Department of School Education; 
"local authority’ means a Municipal Corporation, Municipal 
Committee, Notified Area Committee, Town Improvement Trust, 
Panchayat Samiti or Gram Panchayat or any other Alita 
entrusted with their functions under any law for the time being in 
force; 
‘minority institution’ means an educational institution cd ished 
lig] anguage and administered by a minority whether based on rele g ; i” e 
having the right to do so under clause (1) of article
PUNJAB GOV I GAZ. (EXTRA) DECEMBER 23.2016 193 
(PASUA 2, 1938 SAKA) 
— . , . I LL 
Constitution of India; 
(prescribed means preseribed by rules made under this Act by the Government; 
(m) ‘section’ means section of" this Act; and 
(n) “Unaided Education al Institution’ means an alliliated private school, | esiablished and administered by any person or body of persons, imparting 
education up to 1042 level including 
receive any aid from the Gove 
TET a minority institution which does not 
ment, but does not include,- 
(1)  anaided school; and 
(i) a school established and administered or maintained by the Central Government or St ate Government or any local authority. 
3. (1) There shall be constituted a Re 
Regulatory Body for Regul 
the Divisional | 
gulatory Body to be known as the Constitution of ating I'ee of Un-aided Educational Institutions at Regulatory Body. -cvel in the State of Punjab to exercise the powers conferred upon and perform the functions assigned to it under this Act. 
(2) The Regulatory Body shall consist of the following, namely:-, 
(a) Divisional Commissioner of the 
concerned division; 
Chair-person 
(b) Circle Education Officer of the Member- 
concerned division; Secretary 
(¢) District Education Officer Member 
(Secondary Education) posted at the 
concerned Headquarter of the division; 
(d) District Education Officer (Elementary Member 
Liducation) posted at the concerned 
Headquarter of the division; 
| (e) Two members, to be nominated by Nominated 
: the Government from amongst the members 
F eminent educationists ol the concerned 
| division; 
| (f) One member, to be nominated by the Nominated 
i | :mbers Divisional Commissioner from amongst ~~ mem 
the Deputy Controllers (Finance and 
r 
seadquarter of 
cle Regulatory 
Body. 
power (0 fix and 
increase lee. 
Factors to be 
taken into 
consideration for 
fixing or 
Increasing fee. 
PUNJAB GOV GAZ, (xr A (PASUA 2, 
Accounts) or Assist 
(Finance 
), DECEMBER 23,2016 194 1938 SAKA) 
ant Controllers 
and Accounts) working in (he concerned division, 
(3) The nominated members referred to in syly paid such remuneration and travelling allowance for the Regulatory Body, as may be prescribed. 
-section (2), shall be 
attending he meeting of 
4. The office of the Regulatory Bod y shall be located at the Headquarter of the concerned Division. 
5. AnUnaided Educational Institution shall be competent to fix its fee and jt may also increase the same after taking into account the need to generate funds to run the institution and to provide facilities necessary for the benefit of the students: 
Provided that while fixing or increasing fee, the factors mentioned in sub-section (1) of section 6, shall be kept in view by the Unaided Educational Institution: 
Provided further that increase in fee shall not exceed eight per cent of the fee of the previous year, charged by the Unaided Educational Institution. 
Provided further that while fixingor increasing fee, an Un 
Institution cannot indulge in profiteering and it cannot charge capitation fee. 
6. (1) For fixing or increasing fee structure by an unaided educational institution, the following factors shall be kept in view, namely:- 
aided Educational 
(a) the infrastructure and facilities available or to be made available in 
the Unaided Educational Institution; 
(b) the investment made and salaries paid to the teachers and staff; 
and 
(c) future plans for expansion and betterment of institution, subject 
however, to the restrictions of non-profiteerin g and non-charging of 
capitation fee. 
(2) The fee fixed under sub-section (1), shall be displayed by every 
Unaided Educational Institution at the conspicuous place in the School premises. 
(3) The Unaided. Educational Institution shall also ensure that the fee or funds charged by it from the parents or guardians, are not diverted from such 
institution to the society or the trust, as the case may be, which runs such 
institution or to any other institution, except as permissible under sub-section 
(4) of section 10.
PUNJAB GOVIL GAZAEXTRA), DECEMIIR 23 90, (PASUA 2, 1933 SAKA) =3, 2016 195 
iN 181 7 Subjectto the provisions of this Act, the Regulator ; . ) Sutatory Body shall exe 
(he powers and discharge the functions y shell exe as mentioned below:- 
(a) 10 hear complaints from the stude 
with regard to the charging of ¢ 
reise Powers and 
functions of the 
‘ . Regulatory Bod nts or their parents or guardians Yo 
Xcessive fee or for doing or a i aski to do any other activity with a motive to g " oo ain financial benefit or prolitin contravention of the provisions of this Act by any Unaided 
Educational Institution; 
(b) toensure that the Unaided Educational Institutions are riof indulging 
in commercialization of education; 
(¢) to check that the fee structure is being kept within the limits as 
provided under this Act so as to avoid profiteering; 
(d) to strike a balance between autonomy of an Unaided Educational 
Institution, and measures to be taken in avoiding commercialization 
of education; 
(e) to check excessive hike in fee by an Unaided Educational Institution 
with the motive to earn profit; 
(f) to ensure that increase in the fee undertaken by an Un-aided 
Educational Institution is justified and necessitated by the 
circumstances like increase in expenditure or because of needed 
developmental activities, and does not result into profiteering; and 
(g) to check that funds charged from the students are not diverted to 
any other purpose, except as permissible under sub-section (4) of 
section 10. 
oo 
n this Act, the Regulatory Body may, hudson of the 
. . ) ) . dy. 
_aided Educational Institution has Regulaory Bod, 
ons of this Act, it may call for 
Institution in order to verify 
8. Notwithstanding anything contained i 
if on information is satisfied that an Un & 
contravened or is contravening any of the provist 
the relevant record of such Unaided Educational 
the information. 
9. (1) Every Unaided Educational bastion all scan 
be called the Unaided Educational Institution Develol 
(2) The following shall be credited to the Fu 
(a) fee; 
(b) charge; 
(c) funds; 
to Constitution of 
 eonstitute a Fund 1 shall constitute ' fund. 
nd, namely:-
PUNJAB Gov GAZ. (1X IRA), Dic 
(PASUA 21938 SAKA) 
(ld) any other charpe OFS which may he realised by 1 Educational Institution fo any purpose; an (¢) any contributions, endownientg 
196 
Unaided 
! ! | Or gilts recejye by the (J. aided Lducational Institution. 
ulation of 10. (1) The Fund shall be utilized for the (lis betterment ang deve ) the concerned Unaided Edy 
no lopment of cational Institution, 
- 
(2) The Fund or any profit accrued the relrom shall not be used for any personal gains or business orenterprise by the Un-aided Educ ational Institution, 
(3) The Fund can be used by the Un-aided Educ ational Institution for the activities, which are beneficial to the students. 
(4) No amount whatsoever shall be diverted from the Fund by the Unaided Educational Institution to the Society or the Trust or any other institution, except under the management of the same Society or Trust. 
Complaint. I. (1) Any student studying in an Unaided Educational Institution or his parents or guardians, as the case may be, may make complaint to the Regulatory 
Body with regard to any excessive fee or charge being charged or for doing or 
asking to do any other activities with a motive to gain financial benefit or profit 
by the said institution. - 
(2) The complaint referred to in sub-section (1), shall be accompanied 
by a self attested affidavit disclosing particulars of the concerned Un-aided 
Educational Institution alongwith the name and address of the complainant. 
(3) Any complaint received under this Act, shall be scrutinized by the 
Regulatory Body within a period of fifteen days [rom the date of its receipt in 
accordance with the prescribed procedure, and it shall be finally decided within 
sixty days. 
(4) Ifafter scrutinizing a complaint under sub-section (3), the Regulator 
Body finds any substance in it, the Regulatory Body shall give an opportunity 
of being heard to the concerned Un-aided Educational Institution before taking 
any final decision on such complaint. | 
Ww Summon 12, The Regulatory Body shall, tor the purpose of any enquiry ander this 
Writ 5 ors as are vested ina civil court while trying a suit 
ee wy a 1908 in respect of the following matters, under the Code o , 
namely;- 
(a) enforcing the atte 
(b) requiring the discovery 
fl 
Yer (g 
ndance ol any person or examining him on oath; 
and production of documents;
i” 
re 
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 23,2 -MUBLE 2016 (PASUA 2, 1938 5px 4, 7 (c) receiving evidence gp oath by way of affidayits Lo 
; ang (d) issuing commission tor the €Xaminatjgp of Witnesses 
13. (1) The Regulatory Body shall meey at such time and plac irperson may decide. 
Place as the Procedure pg 
Chairpe 
followeg by the 
(2) The Regulatory Body shall folio such procedype of Working Regulatory ogy, . , as 
may be prescribed 
i (3) All orders ang decisions of the Regul atory Body shal be authenticated by the Member- Secretary or any other officer, authorized by him. 
14. (1) [fany Un-aided Educational Inst 
of this Actor the rules made thereunder, it sf 
may extend to thirty thousand rupees in th Institution of Primary [ey 
itution contravenes the provisions 
1all be punishable wi, fine, which 
¢ case of an Un-aided Educational el, rupees fifty thousand in the case of an Un-ajded Educational Institution of Middle ac in the case of an condary and Senior Secondary Level 
Penalties. 
Level, and rupees one | Un-aided Educational Institution of Se 
for each contravention. 
(2) fan Un- aided Educational Institution contravenes the provisions of this Actor the rule s made thereunder for the second time, it sh all be punishable with fine, which shall be sixty thousand rupees in the case of an Un-aided Educational Institution of Primary Level, rupees one lac in the case of an Un- aided Educational Institution of Middle level, and rupees two lac in the case of an Un-aided Educational Institution of Secondary and Senior Secondary Level for each contravention. i} 
(3) If an Un-aided Educational Institution contravenes the provisions of this Act or the rules made thereunder for the third time, then besides imposing 
Penalty as mentioned in sub-section (2), the Regulatory Body shal direct » concerned authority to withdraw recognition or affiliation of such Un-aided Educational Institution. 
(4) The Regulatory Body may direct the Un-Aided Educational 
i h institution. Institution to refund the fee in excess of the fee as displayed by suc insti 
itt iev irection Appeal. IS Any person or Un-aided Educational Institution aggrieved by " dre ! pp 
\ fi overnment within Ororder passed under this Act, may file an appeal to the G 
ing rder or direction. Period of forty five days from the date of passing of such o 
. ’ | Bar of e or deal with any raf 
cid Jurisdiction of 
civil courts, 
NRT settle, de 16. No civil court shall have jurisdiction to i i ired to ichi this Act is required 
Questi to determine any matter, which is by or under ton or to de 
i tory Body. be settled, decided or determined by the Regulatory 
PUNJAB GOVT. GAZ (EXTRA), DECEMBER 23.20 
(PASUA 2, 1938 SAKA) ‘ 
198 
— 
0 suit, prosecuti Tr 17. No suit, prosecution ol other legal proceedings shall lie 1gainst {| : agaist the 
Chairperson or any member of the Regulatory Body or any offi 
LY ee wk! } NER PT . ‘ cer or other 
employee or any person acting under the direction either of the Gove rnment or 
of the Regulatory Body, in respect of anything, whichis in good faith don i ne or 
Accounts and 
audit. 
Annual report. 
Staff of the 
Regulatory Body. 
Power 10 remove 
dilTicultics. 
- , Power to issue 
directions. 
] 
Power to make 
rules, 
intended to be done in pursuance of the provisions of this Act or the rules ¢ y Or 
orders made thereunder. 
Q . YR an BN att « | 1 ’ H 
18. (1) Every Unaided Educational Institution shall maintain proper accounts 
of fee and charges, and also maintain other relevant record and prepare annual 
statement of accounts in such form, as may be prescribed. 
Bp) The ace 1 1 % 
(2) Theaccounts maintained onder sub-section (1), shall be audited by 
a qualified Charted Accountant. 
19. Every Un-aided Educational Institution shall prepare, in such form and at 
such time for each academic year, as may be prescribed, its annual report by 
a qualified Charted Accountant giving full account of its fees, received during 
the previous academic year, and forward a copy thereof to the Regulatory 
Body. 
20. The Government in consultatio 
officers and employees, as may be decided b 
the Regulatory Body under this Act. 
n with the Chairperson shall provide such 
y it to discharge the functions of 
21. If any difficulty arises in giving effect to the provisions of this Act, the 
y, by an order in writing, make such provision including any 
any provision ofthis Act, as appears to it, to be 
pose of removing the difficulty. 
Government ma 
adaptation or modification of 
necessary or expedient for the pur 
ay, from time to time, 
n fit, for giving effect to the provisi 
ulatory Body to comply with such 
issue such directions 10 the 
22. The Government m ons of this yon 
Regulatory Body, as it may dee 
Act and it shall be the duty of the Reg 
directions. 
23. (1) The Government may, by notification in the Official Gazette, make 
rules for carrying out the provisions of this Act. 
(2) Everyrule made under this Act shall be laid as soon u be, a 
it is made, before the House of the St: while it is in session fora 
total period of ten days, which may b 
‘more successive sessions and if, before 
so laid or the success alo 
any modification in th 
s may be, after 
(te Legislature 
session or in (wo or 
¢ comprised in one 
yin which it is 
(he expiry of the sessiol 
ive sessions as resaid, the [House agrees in making 
5 that the rule should not be 
e rule or the House agree 
Pd 
PUNJAB GOV'T. GAZ. (EXTRA), DECEMBER 23,2016 199 
(PASUA 2, 1938 SAKA) 
—_— ~ ah . 
made, the rule shall thereafter, have effect only in such modified from 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. 
VIVEK PURI, 
Secretary to Government of Punjab, 
Department of Legal and Legislative Affairs. 
1166/12-2016/Pb. Govt. Press, S.A.S. Nagar

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