6. Maharashtra Education Institutions (Regulation of fee) Act, 2011
Elementary Education :Means the education from first class to Eight class
Executive Committee: Means the Executive committee of the Parent – Teachers
Association
Fees : Means the amount, fixed as a fee under section 5 & 6 and include various components
(Please refer Act for full definition)
Deposit : means as security amount or amount payable for any curricular or co-curricular
item as may be prescribed
School : means a pre-primary school, primary school , school imparting education (Please
refer Act for full definition)
Profiteering : means any amount accepted in cash or kind directly or indirectly
which in in excess of the fee fixed or approved as per the provision of this Act
Revision Committee : means the revision committee constituted under section 11
(Regulatory Authority Appointed by Govt)
Parent Teacher Association : means the parent- teachers association constituted under
section 4
7. Maharashtra Education Institutions (Regulation of fee) Rules, 2016
Association: Means the Parent Teachers Association constituted under sub-section (1) of
section 4 of the Act from first class to Eight class
Fee Regulation Committee :means the Fee Regulation Committee constituted under sub-
rule (2) of rule 9 ;
Student : means student studying in 1st to 12th standard.
Executive Committee : means the Executive Committee constituted under sub-section (2)
of section 4
8. Our Understanding – Defini,on – Fees
Fees : The school can charge fees under various category like Tuition fees, Term fees, Library fees and Deposit, Laboratory fee
& Deposit, Gymkhana fees, Caution Money, Examination fees, Hostel fees and Mess Charges and Admission fees.
Term fees : School can charge upto one month tuition fees per term. But both Act and rules are silent how do you define “
Term” in school. Now it will be defined by Respective board with which respective school is affiliated or by school itself.
Admission fees : School can have one time Admission fees. The student should not be required to pay more than once.
Again the act is silent about the quantum and the Admission fees is a part of total fees.
Deposit : The Act permits school to charge Deposit under various head. As per Act, the school can charge deposit for
curricular plus they can charge deposit for c-curricular activities like Library Deposit and Laboratory deposit
Profiteering : There are multiple legal case reference like Modern School as well as T.M.A. Pai Foundation to define how
much the school can charge as fees, reasonable profit for School trust etc. In most of the cases, Supreme court is of the opinion
that school trust is not a Business organization but they can make reasonable surplus . Reasonable surplus can be upto 15% of
their fees ( but they can make more if it is required). There is still ambiguity and increase of disputes and Judiciary case
between Parent , NGO and School trust.
Act is still silent for any absolute percentage or number to define Profiteering but it defines that any amount accepted in cash or
kind directly or indirectly which in in excess of the fee fixed or approved as per the provision of this Act. Hence it tries to define
profiteering. No school itself or on its behalf shall collect any fee in excess of the fee fixed or approved under this Act.
Our Opinion
From this, it is prudent to assume that the Act with rules, the Maharashtra Govt has limited scope the
chargeable components as fees but it will help tremendously to School for their fee design. Act has provided
the head under which School can design their fees structure and it helps to avoid future ambiguity . The
school needs to have good framework to design their fees so that it will maximize the benefits and minimize
the risk of non-compliance. Act is silent for various side of fees like Bus, Uniform, Book etc.
10. PTA : Forma,on
• School Constitute the Parent- Teachers Association (PTA)
• Should be formed within thirty days from the beginning of each
Academic year
• Parent of every student in the school shall be a member of the PTA
• Can charge Rs 50 per annum if the school is in Urban Aera or Rs 25
each year for Rural Aera school.
• The Principal of the school shall be Chairperson of the PTA
• The Senior teacher shall be Secretary of the PTA
11. PTA : Du,es
• To get information about Tuition fees, Term fees and fees for co-
curricular activities as decided by Executive Committee
• To observe completion of syllabus as per the planning
• To suggest measures and steps to be taken for academically weaker
students
• To assist school for planning other co-curricular activities
• To assess the need of co-curricular activities
12. PTA : Mee,ng Procedure
Quorum and Minute of MeetingProcedure for meeting
• The PTA shall have a general meeting
at least once before 15th Aug of every
year.
• The Chairperson (Principal) shall call
the meeting of the Association and the
secretary shall issue notice of the
meeting in Fifteen days in advance.
The notice format is given in Rules and
the same is provided in next page.
• The notice should contain place, time
and Agenda of the meeting.
• The notice should be displayed on
school notice board and circulated in
each classroom
• It should be uploaded on School’s
website.
• Check the quorum before every
meeting.
• The meeting shall have a quorum of
at least ten percent (10%) of the
member of total strength are present
• If Quorum is less then chairperson
shall adjourn the meeting for half an
hour. If Quorum is still not there, then
meeting shall be cancelled and
recalled after 15 days with same
procedure.
• Every meeting shall be presided over
by the chairperson and in his absence,
by any one of the member present in
the meeting
• Secretary of the Association shall
prepare minutes within 15 days ,
displayed on notice board and
uploaded in school website
• The video recording of the meeting
shall also be available to
• Member of the Association
• Regional Deputy Director
• Education officer or Govt
appointed person
13. No,ce of the mee,ng of Parent -Teachers Associa,on
(School Name : ————————————————)
No :
Name of the School :
Date :
To,
Member of Parent-Teacher Associa,on
Sub. : No,ce of the mee,ng of Parent-Teacher Associa,on (PTA)
Sir/Madam,
With reference to the subject cited above, as per the provisions of the sec,on 4(2) (f) of the Maharashtra Educa,onal Ins,tu,ons (Regula,on
of Fee) Act, 2011 (Mah VII of 2014) and rule 4(2) of the Maharashtra Educa,onal Ins,tu,ons (Regula,on of Fee) Rules, 2016, the mee,ng of
Parent-Teachers Associa,on is scheduled on the dt : ———————— at : —————— hrs. at Venue : ———————-.
Agenda of the mee,ng is enclosed herewith. You are requested to aPend the mee,ng in ,me. As per the provisions of rule 4( 4), of the
Maharashtra Educa,onal Ins,tu,ons (Regula,on of Fee) Rules, 2016 the mee,ng will be conducted if at least ten percent of the members of
the full complement of the PTA are present. If the aPendance is less, the Chairperson shall adjourn the mee,ng for half an hour. If the
quorum is s,ll not fulfilled, the mee,ng will be cancelled and recalled a^er 15 days by following the process men,oned in the rules.
Yours faithfully,
Secretary
Parent-Teachers Associa,on (PTA)
School Name : ———————————
Format : No,ce of the mee,ng of PTA
14. Our Understanding – PTA
Frequency : As per the Act and Rules, there should be one AGM of PTA before 15th Aug every year. Act and Rules is still for
any more meeting or frequency of PTA meeting. It is in the hand of chairperson (Principal) to have any more meeting. Whether
any Parent can request for PTA meeting and IS it compulsory to call meeting on such notice , Act is silent and The power is in
the hand of Principle.
Video Recording : It is mandatory to have video recording for such meeting and need to be available to
PTA member or any Govt Authorized person.
Fees : As per Regulation, PTA has right to get information for fees but the whole power to determine the same is in the hand
of Executive Committee. PTA has no say for the same.
Need to have co-curricular Activities : The power is in the hand of PTA to assess the need of Co-curricular
activities. They have right to ask School to justify the reason for any co-curricular activities.
Quorum: If the Quorum is not there then meeting can be cancelled and recalled after 15 days. But the Act is silent for how
many times , this activities to be done.
Our Opinion
It is prudent to assume that the Act with rules, the Maharashtra Govt has defined the Duties and Right of
PTA and the power of PTA is very limited. The Executive has the maximum power .
From the definition of Student, it is clear that PTA member should be parent of student from standard 1 to
12. Hence the parent of pre-primary can’t not be PTA member.
16. Execu,ve CommiPee: Forma,on
• The wide publicity about the process of constitution of the Executive
Committee shall be given in each class of the school. The notice of
constitution of the Executive Committee shall be displayed on school’s
notice board and school’s website, if such facility is available, within
ten days of the formation of Parent-Teachers Association.
• The applications shall be invited from the willing parents of
each Standard, in written or online, before the date of lottery
draw, if such facility is available.
• A lottery shall be drawn from the applications received. The detailed
proceeding of the meeting where lottery has been drawn shall be
circulated to all the parents. The entire process shall be video
recorded and the recording will be open for all concerned to
examine the transparency of the process.
17. Execu,ve CommiPee: Forma,on
• The Executive Committee shall consist of :
– Chairperson – Principal
– Vice-chairperson – One from amongst the parents
– Secretary - One from amongst the parents
– Two Joint Secretaries – Both from amongst parents
– Member – One parent and one teacher from every standard.
• The Executive Committee shall have at least one from the SC, ST or
Backward class on rotation basis
• At least fifty percentage of the members shall be women.
• The list of members of the Executive committee shall be displayed on
the notice board within a period of fifteen days of formation and a copy
shall be forwarded to the concerned Education Officer .
• The term f the Executive Committee shall be for one Academic yers
and no member of the Executive committee shall be eligible for
drawing within 3 years from the formation of Executive Committee .
18. Execu,ve CommiPee : Du,es
• To oversee that provisions made in Act and Rules are implemented
strictly
• To take decision on proposal received from management regarding
determination of fees within prescribed time.
• Where appeal is made by Management to the Divisional Fees
Regulatory Committee make necessary documents available .
• Where appeal is made by Management to the Revision Committee ,
make necessary documents available .
• Any factor for the calculation of Fees
19. Execu,ve CommiPee : Mee,ng Procedure
Quorum and Minute of MeetingProcedure for meeting
• The Executive Committee shall have at
least one meeting in three months.
• The Chairperson (Principal) shall call
the meeting of the Association and the
secretary shall issue notice of the
meeting in Fifteen days in advance.
The notice format is given in Rules and
the same is provided in next page.
• The notice should contain place, time
and Agenda of the meeting.
• The notice should be given to each
Member of the Executive Committee by
Registered post or any other electronic
mode . The Acknowledgement shall be
preserved for two years.
• If any member is absent for three
conservative meeting, his
membership shall be deemed to be
cancelled. And new member should be
approved as per appointment process
• Check the quorum before every
meeting.
• The meeting shall have a quorum of
at least one –third member of the
strength ( however more than 50%
percentage of the parents out of the
total member should be present)
• If Quorum is less then chairperson
shall adjourn the meeting for half an
hour. If Quorum is still not there, then
meeting shall be cancelled and
recalled after 15 days with same
procedure.
• Secretary of the Association shall
prepare minutes within 15 days ,
circulate to all the members of
Committee
• The video recording of the meeting
shall also be available to
• Committee Member
• Regional Deputy Director
• Education officer or Govt
appointed person
21. Our Understanding – Execu,ve CommiPee
Approval of any Resolution : Act and Rules are silent for the approval of any resolution. In absence of any guidance,
the resolution may be considered , when it is approved by a majority of Executive Committee member present in the meeting.
Majority can be considered as more than 51%
Quorum: If the Quorum is not there then meeting can be cancelled and recalled after 15 days. But the Act is silent for many
times , this activities to be done.
Woman Membership: It is mandatory to have 50% woman membership. Act s silent
whether 50% of the total or 50% of Parent members. In case, it would not be 50% due to lack of
Woman application then thee is no provision
Our Verdict
It is prudent to assume that the Act with rules, the Maharashtra Govt has given Right to School to define
approval vote percentage for any resolution.
23. Govt Fees Regula,on CommiPee : Procedure
• If the Executive Committees of the School fails to decide the fees
within 30 days from the proposal and the relevant records , then
School Management shall immediately refer the matter to the Govt
Fees Regulation committee i.e. Divisional Fees Regulatory Committee
by informing the Executive Committee. School Constitute the Parent-
Teachers Association (PTA) as per the Application given . In the same
way , if the difference of Fees approved by Executive Committee and
the proposed by School is more than 15% then also School can
approach the Authority as per the Application given.
• The Divisional Fees Regulatory Committee shall decide within 90 days
from the date of its filing after giving the opposite party an
opportunity of being heard. While hearing, the committee can’t stay to
the fees proposed
• The Management or Executive Committee aggrieved by the decision
of the Divisional Regulatory Committee may appeal or reference
within 30 days to Revision committee with all the docs of Executive
Committee , Divisional Committee and School Management as per the
Application given
27. Our Understanding – Govt Fees Regula,on CommiPee
Period: The Act is very clear that the School has to approach within 30 days to Divisional Committee or Revision committee .
Records : It is in interest of School to maintain and produce as much as records possible to the Executive
Committee, Govt fees Regulation committees to support their Fees hike.
Process if not satisfied with Revision Committee: There is no further process if Either parties i.e. School or
Executive Committee is not satisfied with Revision Committee. In absence of any regulation, it is safe to assume that Either
party has right to approach Judiciary system.
29. Fees : Means the amount, fixed as a fee under section 5 & 6 and include various
components. As mentioned in Definition, it can include tuition fees , term fees, library ,
laboratory fees ,other various fees and includes various Deposit. Hence the Act has given a
framework under which the School should define their fees. The School Bus & Uniform
charges are not considered as fees as per the Act.
Factors which deciding the fee leviable by a School (Section 9 of the Act)
• The location of School
• The Infrastructure made available to the student for the qualitative Education, the
facilities provided and as mentioned in the prospectus or web-site of the school
• The Educational standard of the school as the state Government or the competent
authority
• The expenditure on Administration and maintenances
• The excess fund generated from NRI and contribution by the Govt for providing fee-ship
in fee
• Qualified teaching and non-teaching staff
• Reasonable amount for yearly salary increments
• Expenditure incurred on the student over total income of the school and the reasonable
surplus for qualitative development of students
• Any other factor as may be prescribed
Fees : Calcula,on Base
30. In addition to factor as mentioned by Section 9 of the Act, the rules has given
few more parameters for fees
Factors which deciding the fee leviable by a School (Rule 11 of the Rule)
• Facilities given by school under e-governance i.e hardware and software facilities
• Strength of the students
• Other facilities made available to students such as swimming pools, horse riding,
shooting, Archery and performing Art etc.
• Supply of books, notebooks etc and other educational materials provided to student
• Transport fees considering capacity of school bus, distance of school and comparative
fuel rates
• Provision of mid-day meals or snacks
• Any other factor Approved by Executive Committee.
Fees : Calcula,on Base
31. Our Understanding – Fees – Calcula,on factor
Fees : The school can charge fees under various category like Tuition fees, Term fees, Library fees and Deposit, Laboratory fee
& Deposit, Gymkhana fees, Caution Money, Examination fees, Hostel fees and Mess Charges and Admission fees.
Factor of fees : Both the Act and Rules have not defined it properly. As per Act, the infrastructure made available to the
students for the qualitative education. As per us, defining Qualitative Education is very subjective. Some question "What are
considered to be the basic requirements and measurement of a qualitative education - one that is meaningful, worthwhile,
responsive to individuals and social needs - and does each and every student, without fail get those requirements, regulated as
these are by the principle of entitlement?”
According to the Education For All: Global Monitoring Report 2005 - The Quality Imperative , two principles characterise most
attempts to define quality in education: the first identifies learners' cognitive development as the major explicit objective of all
education systems. The second emphasizes education's role in promoting values and attitudes of responsible citizenship and in
nurturing creative and emotional development.
Reasonable surplus for qualitative development of the student as per Act : Again the act is not clear. What is
reasonable surplus and what do you mean by qualitative development of student? How will define this ? Whether School, PTA
or Executive Committee.
Supply of Books, Transport facility etc as per Rules : As per Rules, the factors that effects is various things
like Books, Transport facilities . While in the definition of fees , the above points are not defined as a fees .
Our Opinion
1) From this, it is prudent to assume that the Act with rules, the factors for fees determination are very
subjective and it is not accepted from Act and Rules which took so much time to come in force. It remains put
various factors in judgmental for School , PTA, Executive committee and Fees committee. It may fail to avoid
Ambiguity and disputes.
2) Authority to have particular infrastructure and facilities are with School Management or not
3) Facilities will play a major role in fees determination.
It will be important to have some guidance on how the qualitative factors would be measured
to avoid Ambiguity and disputes. Clarity would be required for various parameters for fees. These steps quite
apparently evidence the Government’s intention towards curbing, controlling and resolving the growing
disputes in determination of fees in School and providing certainty to the stakeholders .
32. Period & Approved feesProcedure for meeting
• The school meeting shall submit fees
proposal to the Executive committee at
least six months before the
commencement of the next academic
year in the format as put in next slide.
• Executive Committee have to accept
within 30 days from the date of
Management fees proposal with record
• If the Executive Committee fails within
time frame as mentioned in point 2 then
management has to take it up with Govt
Fees Authority. Till that it has to charge
15% from previous year.
• If the difference of fees approved by
Executive Committee with the proposed
fees is not more than 15% then
Management has to accept Executive
Committee recommendation.
• If the difference is more than 15% then
Management may approach Govt Fees
Authority within 30 days .
• The Fees shall be binding for two
Academic years
• The details of the fee so approved by
the Executive C0mmitte shall be
displayed on the notice board in
Marathi, English and in the respective
medium of school
• It shall be displayed in School’ s own
website.
• The Executive Committee should be
informed if the Management is
approaching Govt Fees Authority.
Fees : Revision Base
34. Our Understanding – Fees – Revision factor
Percentage % from Previous year : The Act as well as Rules is silent how much a scho0l can increase from the
previous Academic year. The normal perception is that the school can increase upto 15% and it is difficult to increase more than
15% . But the Act and Rules has not put any restriction on the percentage. The fees basis factor is important to design and
increase in the fees . As mentioned in the Act, the management can increase 15% from the previous Academic year in case it has
referred their proposal to the Govt. Fees Authorities.
Binding for Two Academic year : The Act has defined that the binding for fees increase for two Academic year.
Whether the management has right to propose two different increases in fees for the next two Academic year and whether it is
acceptable in Act is debate point. The Executive Committee has been appointed for one academic year and how they can take
decision for the next Academic year.
Executive Committee Decision within 30 days : As per Act, the Executive Committee has to communicate their
decision within 30 days from the date of proposal and the required records. If fail to do then the school Management has right
to approach the Govt. Fees Authority.
Our Opinion
The Revision factors for fees are very subjective and it is very debatable points. It remains put various factors
in judgmental for School , PTA, Executive committee and Fees committee. It may fail to avoid Ambiguity and
disputes.
36. Book of Record : Requirement
• Every private educa,onal ins,tu,on shall keep separate accounts for
different kinds of transac,ons, such as, fees collected, grants received,
financial assistance received, payments of salary to staff, purchase of
machinery and equipment, laboratory apparatus and consumables,
library books, sta,onery, computers, so^ware and other expenditure
incurred.
• Every private educa,onal ins,tu,on shall keep the registers, accounts
and records within the premises of their educa,onal ins,tu,on as they
shall be made available at all reasonable ,me for inspec,on.
• The accounts maintained by the private educa,onal ins,tu,on together
with all vouchers rela,ng to various items or receipts and expenditure
shall be preserved by that school un,l the audit of accounts is over and
objec,on, if any, raised is sePled.
• The private educa,onal ins,tu,on shall also maintain the other record
of the ins,tu,on as per the orders issued by the Government, from ,me
to ,me.
• The Principal or Head of the educa8onal ins8tu8on shall be responsible
for maintenance of accounts, records and registers.
37. Book of Record : Requirement
Every private educational institution shall maintain the following registers
and records for the purposes of the Act and the rules :—
• General Register.
• Admission Registers.
• Fee receipt.
• Fee Collection Register.
• Cash Book.
• Library and Reading Room Account.
• Staff Attendance Register.
• Students Attendance Register.
• Voucher File.
• Cheque register.
• Acquaintance Roll.
• Stock Registers.
• Transfer Certificate Book.
• Examination Fees Collection Receipt.
• Contingency Expenditure Register.
• Asset register.
• Building rent register.
42. Our Understanding – Book of Records
Inspection of Record : As per Section 12 of the Act and Section 14 of the Act, the private Educational institution shall
have to keep their Accounts and Records within the Education Institution premises and it should be available for inspection
within reasonable period. Both Act and Rules is silent where the inspection to Govt. Official or/and PTA and Executive
Committee. Under such circumstance, we need to take decision based on Duties and Functions of PTA and Executive
Committee. Under their duties and functions of PTA and Executive committee, inspection of Records is not expected. Under
such, School management has right to take reasonable decision based on the circumstance.
Format of Accounts and Records : Act and Rules has not defined any format for Account Book and Records. We
need to make from other Act like Bombay Trust Act and for rest, need to design own format
Our Opinion
From this, it is prudent to assume that PTA and Executive Committee has no right to demand for Inspection
of Records. Executive Committee can demand from School Management for the reason during fees hike
meeting and the School Management has to provide the reasonable response with the required docs for the
satisfaction of Executive Committee.
Our opinion that the School should start following Act and Rules rigorously . It’s the time to maximize the
benefits and minimize the risk of non-compliance.
Non-compliant may need to pay huge non-compliant charges .
44. Social Impact: Stand
Current Environment
• Today's School environment brings a world of challenges. It's an
environment in which Govt , Parent of the student and NGO are
getting stubborn, display micro management based on their
legal right , capabilities and mad push for Education system
control
• The impact of such Environment is highly unpredictable ,
illogical treatment and erratic interpretation of Rules,
Regulation, Section, clause and where every decision is disputed
by the Govt Authorities
• Exponential increase of disputes, Notices for non-compliant,
Scrutiny and Judiciary case