LexThe UTTAR PRADESH REGULATION OF COACHING ACT, 2002
Uttar Pradesh · state statute
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No. 1629 (2) XVII-V-1-1(KA)-16-2002 Dated Lucknow, September 4, 2002
IN pursuance of the provisions of clause (3) of Article 348 of the Constitution,
the Governor pleased to order the publication of the following English
translation of the Uttar Pradesh Coaching Viniyaman Adhiniyam, 2002 (Uttar
Pradesh Adhiniyam Sankhya 5 of 2002) as passed by the Uttar Pradesh
Legislature and assented to by the Governor on September 3, 2002.
THE UTTAR PRADESH REGULATION OF COACHING ACT, 2002
(U.P. ACT NO. 5 Or 2002)
[As passed by the Uttar Pradesh Legislature)
AN
ACT
to provide for restriction on coaching under certain circumstances, and
for the registration of the person impairing coaching, or running, managing or
maintaining coaching centre, and for matters connected therewith or
incidental thereto
IT IS HEREBY enacted in the Fifty-third Year of the Republic of India as
follows:-
1. (1) This Act may be called the Uttar Pradesh Regulation of Coaching Act,
2002
(2) It shall be deemed to have come into force on June 27, 2002.
2. In this Act unless the context otherwise requires,-
(a) 'affiliated college' means a college affiliated to a University:
(b) ‘associated college' means a college associated with a University:
(c) 'Board' means-
(i) the Board of High School and Intermediate Education constituted,
under the Intermediate Education Act, 1921;
(ii) the Uttar Pradesh Board of Basic Education constituted under the
Uttar Pradesh Basic Education Act, 1972; or
(iii) the Uttar Pradesh Pravidhik Shiksha Parishad established under the
Uttar Pradesh Pravidhik Shiksha Adhniyam, 1962:
(d) ‘coaching' means tution, instruction or guidance in any branch of learning
imparted to three or more persons but does not include a counselling;
(e) ‘coaching centre' means a place maintained reserved or arranged for the
purposes of coaching but does not include, -
(i) an institution;
(ii) any other school or college recognised, maintained or established by
or under any law for the time being in force;
(iii) an institute or academy, by whatever name called, providing
Registration of
coaching
Conditions for
registration
Cancellation
and suspension
of registration
instruction in fine arts, information technology, computer science,
typewriting, stenography or any other technical education of like nature:
(f)’Competent Officer’ means an officer authorised by the State Government
by notification to exercise the powers and perform the functions of the
competent officer under this Act for such area or in relation to such institution
or coaching centre as may be specified in the notification
(g ) ‘constituent college' means a college maintained by a University:
(h) ‘counselling' means an occassional instruction or guidance in any branch
of learning by a teacher or employee but does not include instruction or
guidance on regular basis in lieu of a remuneration
(i) 'employee' means an employee of an institution;
(j) institution' means a University, an affiliated college, an associated college,
a constituent college or any other educational institution recognised or
controlled by, or affiliated to, a Board, or controlled or recognised by the State
Government;
(k) "teacher', in relation to an institution, means a person employed by the
institution for imparting instruction or guiding or conducting research in any
branch of learning and includes the Principal, the Director or the Head
Master, as the case may be, of the institution:
(l) 'University' means a University established by or under any Uttar Pradesh
Act.
3. (1) Where a person, not being a teacher or employee, desires to impart
coaching or to establish, run, manage or maintain a coaching centre, he may
apply to the Competent Officer for registration for the purpose of this Act:
Provided that any person imparting coaching, or running, managing or
maintaining any coaching centre from before the commencement of this Act
may apply for registration within three months from the date of such
commencement.
(2) The application for registration under sub-section (1) shall be in such form
and shall contain such particulars and shall be accompanied by a deposit of
such fee, which shall be paid in such manner, as may be prescribed.
(3) The Competent Officer shall, after satisfying himself that the application
for registration is in conformity with the requirements of sub-section (2) and
the person applying for the registration has fulfilled the conditions specified in
section 4, register him in the register prescribed for the purpose and issue
him a certificate of registration in the prescribed form:
Provided that no order refusing the registration under this sub-section shall
be passed except after giving to the person concerned an opportunity of
showing cause.
(4) The certificate of registration issued under sub-section (3) shall be valid
unless cancelled or suspended under this Act.
4. No person shall be registered under section 3 unless he undertakes in
writing not to engage or employ any teacher or employee of an institution for
the coaching.
5. (1) The Competent Officer may, at any time, for sufficient cause cancel or
Cancellation and suspend a certificate or registration granted under section 3:
Provided that no order under this sub-section shall be passed,-
(a) except after giving to the person concerned an opportunity of
Appeal
Restrictions on
coaching
Inspection
Penalities
showing cause; and
(b) unless it appears to the Competent Officer that the person
concerned has violated the condition specified in section 4.
(2) Where any certificate of registration is suspended or cancelled under sub-
section (1), no person shall be entitled to any compensation or to refund of
any registration fee.
6. Any person aggrieved by an order passed under section 5, may, within
Appeal thirty days from the date of such order, prefer an appeal against the
order to the State Government, which may, after giving an opportunity of
hearing to the appellant, pass such orders as it thinks fit.
7. (1) No person, not being a teacher or employee, shall,-
(a) impart coaching with or without remuneration;
(b) establish, run, manage or maintain or cause to be established, run,
managed or maintained any coaching centre; unless he holds a valid
certificate or registration issued under section 4.
(2) No teacher or employee shall.-
(a) impart coaching in a coaching centre or any other place, other than
the institution in which he is far the time being employed;
(b) establish, run, manage or maintain or cause to be established, run,
managed or maintained any coaching centre, or
(c) accept any remuneration or fee, other than his legal remuneration as
teacher or employee, as the case may be.
8. (1) The Competent Officer may inspect any records of a coaching centre.
(2) The owner or the person incharge of a coaching centre shall produce
before the Competent Officer such records as may be required by the
Competent Officer during the inspection.
(3) The Competent Officer shall, after making the inspection under this
section, prepare a report showing the defects or irregularities, if any, noticed
by him during the inspection and forward a copy thereof to the owner or the
person incharge of the coaching centre and the State Government.
(4) Upon receiving the report under sub-section (3), the owner or the person
incharge of the coaching centre shall rectify the defects or irregularities
mentioned in such report within the time fixed by the Competent Officer for
the purpose.
9. (1) Whoever wilfully contravenes, or abets the contravention of, the
provisions of sub-section (1) of section 7 shall be punished with fine which
may extend to one lakh rupees.
(2) Whoever wilfully contravenes, or abets the contravention of, the provisions
of sub-section (2) of section 7 shall be punished with fine which may extend
to fifty thousand rupees.
(3) Whoever wilfully contravenes, or abets the contravention of, the provisions
of sub-section (4) of section 8 shall be punished with fine which may extend
to ten thousand rupees.
(4) No court shall take cognizance of an offence punishable under this section
except on a complaint in writing made by the Competent Officer or by such
other officer as the State Government may, by notification, authorize in this
behalf.
Competent
Officer to be
public servant
Protection of
action taken in
good faith
Offences by
companies
Over-riding
effect
Power is
remove
difficulties
Power to make
rules
Repeal and
saving
10. The Competent Officer shall be deemed to be a public servant within the
meaning of section 21 of the Indian Panel Code.
11. No suit, prosecution or other legal proceeding shall lie against the
Competent Officer, the State Government or any other person for anything
which is in good faith done or intended to be done, in pursuance of this Act or
the rules or order made there under.
12. (1) If the person committing an offence under this Act is a company, the
company, as well as every person incharge 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 the 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 to 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 any
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 that the
commission of the offence is attributable to any neglect on the part of any
director, secretary, manager or other officer of the company, such director,
secretary, manager or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly
Explanation-For the purpose of this section-
(a) "company" means any body corporate, and includes a firm or
association of individuals, and
(b) "director" in relation to a firm, means a partner in the firm
13. Notwithstanding anything to the contrary contained in any Over-riding
effect Uttar Pradesh Act, the provisions of this Act shall have effect.
14. (1) If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, by a notified order, make such provisions not
inconsistent with the provisions of this Act, as appear to it to be necessary or
expedient for removing the difficulty.
(2) No order under sub-section (1) shall be made after the expiry of a period
of two years from the date of commencement of this Act.
(3) Every order made under sub-section (1) shall be laid as soon as may be,
before both Houses of the State Legislature and the provisions of sub-section
(1) of section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall
apply as they apply in respect of rules made by the State Government under
any Uttar Pradesh Act.
15. The State Government may, by notification, make rules for carrying out
the purposes of this Act.
16. (1) The Uttar Pradesh Regulation of Coaching Ordinance, 2002 is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
Ordinance referred to in sub-section (1) shall be deemed to have been done
or taken under this Act as if the provisions of this Act were in force at all
material times.
By order,
A. B. SHUKLA
Pramukh Sachiv
STATEMENT OF OBJECTS AND REASONS
The State Government received complaints that the teachers of the
Universities, Degree colleges and other aided institutions were imparting
coaching or running, managing or maintaining coaching centres and were not
taking interest in imparting instructions in their respective Universities,
colleges or institutions. It was, therefore, decided to make a law to provide for
restriction on coaching under certain circumstances and for registration of the
person imparting coaching or running, managing or maintaining coaching
centre. Since the State Legislature was not in session and immediate
legislative action was necessary to implement the aforesaid decision, the
Uttar Pradesh Regulation of Coaching Ordinance, 2002 (U.P. Ordinance no. 8
of 2002) was promulgated by the Governor on June 27, 2002.
This Bill is introduced to replace the aforesaid Ordinance.