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Private	&		Confiden/al	
Maharashtra	Educa,onal	Ins,tu,ons	
(Regula,on	of	Fee)		
June 2016
Facing	up	to	Smooth	transi,on
Introduction
	
This publication provides a brief summary of the Maharashtra Educational Institutions (Regulation of fees)
Act 2011 and Maharashtra Educational Institutions (Regulation of fees) Rules 2016 in a simple and concise
manner.
It aims to present the fundamental concepts and principles of the Act and rules in a nutshell. It provides a
high-level understanding rather than a set of detailed definitive interpretations of Act and Rules . The
application of Act and Rules to a specific school or trust or a transaction is a matter of judgement given its
particular facts and circumstances.
We are pleased to bring you our new publication, Maharashtra Educational Institutions (Regulation of fees) :
Key highlights and analysis .It is pertinent to note that for the complete understanding of the implications of
various sections of the Act, the related Rules will need to be read with and any other Act like Right to
Education Act and landmark legal decisions from Supreme Court and High court etc
The Act introduces significant changes in the provisions related to Fees regulation. We hope this publication
clearly explains the significant changes and their potential implications.
We hope you will find this brief useful as a ready reference before implementation of the Requirement at
your organization
We hope the updated Act, 2011 and Rules 2016 will be successful in achieving efficient School Operation
governance and transparency as intended by the law makers.
	
	
	
www.aera.co.in	
	
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Act nowUpdated provisions
Complying	with	the	Act	requires	changing	more	
than	just	process.	Early	assessment	is	essen,al	
in	order	to	maximize	the	benefits	and	minimize	
the	risk	of	non-compliance.		
Aera’s	analysis	of	the	Act	enables	the	client	to	
iden,fy	 issues	 early	 and	 quickly	 provide	
implementa,on	advice.	In	turn,	this	will	allow	
clients	 the	 ,me	 to	 an,cipate	 and	 resolve	
strategic	and	opera,onal	issues,	enabling		
a	smooth	transi,on	to	the	new	requirements.		
The	 Maharashtra	 Educa,onal	 Ins,tu,ons	
(Regula,on	of	fees)	Act	2011	was	commenced	in	
Maharashtra.	The	Act	rela,ng	to	the	forma,on	
of	 forma,on	 of	 Parent	 Teacher	 Associa,on	
Execu,ve	 CommiPee	 and	 procedure	 for	 Fees	
determina,on.	 The	 related	 rules	 i.e	 the	
Maharashtra	Educa,onal	Ins,tu,ons	(Regula,on	
of	 Fee)	 Rules,	 2016	 is	 effec,ve	 from	 13th	 April	
2016.	
Now	 is	 an	 opportunity	 for	 Educa,on	 trust	 and	
School	 to	 review	 their	 structures	 ,planning	 for	
the	changes	to	begin	&	implement	the	same	in	
their	process	and	procedure.
The Maharashtra Educational Institutions
(Regulation of fees) :
Important Definition
1
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
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
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.
Parent Teacher Association :
Procedure for Formation and Functioning
2
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
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
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
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
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.
Executive Committee :
Procedure for Formation and Functioning
3
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.
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 .
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
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
No,ce	of	mee,ng	of	Execu,ve	CommiPee	of	Parent	-Teachers	Associa,on	(School	Name	:	—————————————)	
		
No	:	
		
Name	of	the	School	:	Date	:	
		
To,	
		
Member	of	Execu,ve	CommiPee	
		
Sub.	:	Mee,ng	of	Execu,ve	CommiPee.	
		
		
Sir/Madam,	
		
With	reference	to	the	subject	cited	above,	as	per	the	provisions	of	the	sec,on	4(2)	(e)	of	the	Maharashtra	Educa,onal	Ins,tu,ons	(Regula,on	of	
Fee)	Act,	2011	(Mah.	VII	of	2014)	and	rule	8(1)	of	the	Maharashtra	Educa,onal	Ins,tu,ons	(Regula,on	of	Fee)	Rules,	2016,	the	mee,ng	of	
Execu,ve	CommiPee	of	(School	Name	:	————————	is	Scheduled	on	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	8(	3)	of	the	
Maharashtra	Educa,onal	Ins,tu,ons	(Regula,on	of	Fee),	Rules,	2016,	the	mee,ng	will	be	conducted	only	if	at	least	one-third	members	of	the	
total	strength	are	present	and	provided	that	more	than	fi^y	percent	of	the	parent	members	of	the	total	number	of	parent-members	are	present.	
If	the	quorum	is	not	fulfilled,	the	Chairperson	of	the	commiPee	shall	adjourn	the	mee,ng	for	half	an	hour.	No	business	will	be	transacted	in	the	
mee,ng	unless	there	is	a	quorum.	The	mee,ng	will	be	cancelled	and	will	be	recalled	a^er	fi^een	days	by	following	the	process	men,oned	in	
these	rules.		
		
Yours	faithfully,	
		
		
Secretary,	
	Execu,ve	CommiPee.	
	School	Name	:	———————————————	
Format	:	No,ce	of	the	mee,ng	of	Execu,ve	CommiPee
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.
Govt Fees Regulation Committee :
Procedure
4
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
Format	:	Applica,on	to	Divisional	Fees	CommiPee
Format	:	Applica,on	to	Divisional	Fees	CommiPee	for	more	than	15%	difference
Format	:	Applica,on	to	Revision	CommiPee
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.
Fees : Calculation and Revision Base
5
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
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
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 .
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
Format	:	No,ce	of	the	mee,ng	of	Execu,ve	CommiPee	for	Fees	Revision
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.
Book Of Records :
Requirement and Format
6
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.
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.
Format	:	Immovable	Asset	Register
Format	:	Movable	Asset	Register
Format	:Admission	Register	(Sugges,ve)	
AdmissionRegister
Year………………..
Sl.No. Roll
Nameof
the
Students
Father’s/
Mother’s
/Guardian
Nameof
the
Student
Address
Dateof
Birth
Caste
Whetherthe
student
Physically
handicaped/
not
Religion
Gender:
Boy/Girl
Dateof
Addmission
withyear
Class&Sec
(VA/VB/VC)
UptoXII
Promoted/Not
Promoted
Feespaid/
notpaid
Remaks
Format	:	Acquaintance	Roll	(Sugges,ve)
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 .
Social Impact:
Stand
7
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
THANK YOU
www.aera.co.in
info@aera.co.in

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Aera maharashtra educational institutions (regulation of fees) key highlights and analysis-version1

  • 2. Introduction This publication provides a brief summary of the Maharashtra Educational Institutions (Regulation of fees) Act 2011 and Maharashtra Educational Institutions (Regulation of fees) Rules 2016 in a simple and concise manner. It aims to present the fundamental concepts and principles of the Act and rules in a nutshell. It provides a high-level understanding rather than a set of detailed definitive interpretations of Act and Rules . The application of Act and Rules to a specific school or trust or a transaction is a matter of judgement given its particular facts and circumstances. We are pleased to bring you our new publication, Maharashtra Educational Institutions (Regulation of fees) : Key highlights and analysis .It is pertinent to note that for the complete understanding of the implications of various sections of the Act, the related Rules will need to be read with and any other Act like Right to Education Act and landmark legal decisions from Supreme Court and High court etc The Act introduces significant changes in the provisions related to Fees regulation. We hope this publication clearly explains the significant changes and their potential implications. We hope you will find this brief useful as a ready reference before implementation of the Requirement at your organization We hope the updated Act, 2011 and Rules 2016 will be successful in achieving efficient School Operation governance and transparency as intended by the law makers. www.aera.co.in Copyright © Aera Consul,ng and Services Pvt. Ltd. 2016. All rights reserved.
  • 3. Disclaimer All communica,on received in this document will be treated and regards as confiden,al. Each recipient of this publica,on agrees to treat it in strictly confiden,al manner. Any recipient who accepts delivery of this publica,on or any other publica,on or verbal communica,on of confiden,al informa,on from Aera agrees to be bound by the terms of this confiden,ality statement . Aera Consultancy and Services Pvt. Ltd (Aera) has prepared this publica,on for the iden,fied purposes and the sole benefit of their clients .Your access to the publica,on is subject to your agreement to the terms and condi,ons set forth below. Please read them carefully. By accessing and reading the publica,on, you signify that you agree to be bound by these terms and condi,ons. Such acceptance and agreement shall be deemed to be as effec,ve as a wriPen signature by you and this agreement shall be deemed to sa,sfy any wri,ngs requirements of any applicable law. Distribu,on or disclosure of any por,on of the publica,on or any informa,on or advice contained therein to persons other than Aera’s client is prohibited, except as provided below. 1.  This publica,on has been prepared for general guidance on maPers of interest only, and does not cons,tute professional advice. You should not act upon the informa,on contained in this publica,on without obtaining specific professional advice. 2.  No representa,on or warranty (express or implied) is given as to the accuracy or completeness of the informa,on contained in this publica,on, and, to the extent permiPed by law, Aera Consultancy and Services Private Limited (Aera), employees and partner do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else ac,ng, or refraining to act, in reliance on the informa,on contained in this publica,on or for any decision based on it. 3.  The informa,on in this publica,on has been obtained or derived from sources believed by Aera to be reliable but Aera does not represent that this informa,on is accurate or complete. Any opinions or es,mates contained in this publica,on represent the judgment of Aera at this ,me and are subject to change without no,ce. 4.  Readers of this publica,on are advised to seek their own professional advice before taking any course of ac,on or decision, for which they are en,rely responsible, based on the contents of this publica,on. Aera neither accepts or assumes any responsibility or liability to any reader of this publica,on in respect of the informa,on contained within it or for any decisions readers may take or decide not to or fail to take. 5.  The Recipient (a) does not acquire any rights against Aera, or any of their respec,ve affiliates, Director, or employees (collec,vely, Aera Par,es), and Aera assumes no duty or liability to the Recipient, in connec,on with the Services or its access to the presenta,on; (b) may not rely solely on the report; 6.  Except where compelled by legal process (of which the Recipient shall promptly inform Aera so that Aera may seek appropriate protec,on), the Recipient will not disclose, orally or in wri,ng, any presenta,on or any por,on thereof, or make any reference to Aera in connec,on therewith, in any public document or to any third party. 7.  The Recipient (for itself and its successors and assigns) hereby releases each of the Aera Par,es, from any and all claims or causes of ac,on that the Recipient has, or herea^er may or shall have, against them in connec,on with the report, the Recipient’s access to the report, or Aera’s performance of the Services. The Recipient shall indemnify, defend and hold harmless the Aera Par,es from and against all claims, liabili,es, losses and expenses suffered or incurred by any of them arising out of or in connec,on with (a) any breach of this agreement by the Recipient or its representa,ves; and/or (b) any use or reliance on the presenta,on by any party that obtains access to the presenta,on, directly or indirectly, from or through the Recipient or at its request. This liability clause should be read with Signed agreement with Aera’s term. We , Aera, are the owner of the material published here. Those works are protected by patent, trademark and copyright laws. All such rights are reserved. You must not modify the publica,on or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustra,ons, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status as the authors of content on this publica,on must always be acknowledged. You must not use any part of the content of this publica,on for commercial purposes without obtaining a license to do so from us. www.aera.co.in Copyright © Aera Consul,ng and Services Pvt. Ltd. 2016. All rights reserved.
  • 4. Act nowUpdated provisions Complying with the Act requires changing more than just process. Early assessment is essen,al in order to maximize the benefits and minimize the risk of non-compliance. Aera’s analysis of the Act enables the client to iden,fy issues early and quickly provide implementa,on advice. In turn, this will allow clients the ,me to an,cipate and resolve strategic and opera,onal issues, enabling a smooth transi,on to the new requirements. The Maharashtra Educa,onal Ins,tu,ons (Regula,on of fees) Act 2011 was commenced in Maharashtra. The Act rela,ng to the forma,on of forma,on of Parent Teacher Associa,on Execu,ve CommiPee and procedure for Fees determina,on. The related rules i.e the Maharashtra Educa,onal Ins,tu,ons (Regula,on of Fee) Rules, 2016 is effec,ve from 13th April 2016. Now is an opportunity for Educa,on trust and School to review their structures ,planning for the changes to begin & implement the same in their process and procedure.
  • 5. The Maharashtra Educational Institutions (Regulation of fees) : Important Definition 1
  • 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.
  • 9. Parent Teacher Association : Procedure for Formation and Functioning 2
  • 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.
  • 15. Executive Committee : Procedure for Formation and Functioning 3
  • 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
  • 20. No,ce of mee,ng of Execu,ve CommiPee of Parent -Teachers Associa,on (School Name : —————————————) No : Name of the School : Date : To, Member of Execu,ve CommiPee Sub. : Mee,ng of Execu,ve CommiPee. Sir/Madam, With reference to the subject cited above, as per the provisions of the sec,on 4(2) (e) of the Maharashtra Educa,onal Ins,tu,ons (Regula,on of Fee) Act, 2011 (Mah. VII of 2014) and rule 8(1) of the Maharashtra Educa,onal Ins,tu,ons (Regula,on of Fee) Rules, 2016, the mee,ng of Execu,ve CommiPee of (School Name : ———————— is Scheduled on 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 8( 3) of the Maharashtra Educa,onal Ins,tu,ons (Regula,on of Fee), Rules, 2016, the mee,ng will be conducted only if at least one-third members of the total strength are present and provided that more than fi^y percent of the parent members of the total number of parent-members are present. If the quorum is not fulfilled, the Chairperson of the commiPee shall adjourn the mee,ng for half an hour. No business will be transacted in the mee,ng unless there is a quorum. The mee,ng will be cancelled and will be recalled a^er fi^een days by following the process men,oned in these rules. Yours faithfully, Secretary, Execu,ve CommiPee. School Name : ——————————————— Format : No,ce of the mee,ng of Execu,ve CommiPee
  • 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.
  • 22. Govt Fees Regulation Committee : Procedure 4
  • 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.
  • 28. Fees : Calculation and Revision Base 5
  • 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.
  • 35. Book Of Records : Requirement and Format 6
  • 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