District Fee Regulatory Committee its constitution, functions and power

§8

Summary

8. (1) There shall be constituted in every district of the State a District Fee Regulatory Committee consisting of;- (a) the District Magistrate - Chairperson (b) a chartered accountant to be nominated by the District Magistrate -Member (c) an engineer, not below the rank of Executive Engineer of P.W.D., nominated by the District Magistrate. -Member (ex-officio) (d) a senior officer of State Finance and Accounts Service Nominated by the District Magistrate. -Member (ex-officio) (e) a parent of Parent Teachers Association of a School situated in the district nominated by the District Magistrate. (f) an eminent principal/manager/ administrator of a self-financed school, nominated by the District Magistrate. -Member (g) the District Inspector of School. -Member Secretary (ex-officio) (2) The jurisdiction of the District Fee Regulatory Committee shall be at the level of educational entity, situated in respective district. (3) The term of office of members mentioned in clauses (b), (e) and (f) of sub-section (1) of the District Fee Regulatory Committee shall be two years from the date of their nomination. In case of vacancy of a member arising earlier for any reason, such vacancy shall be filled for the remaining period of the term of such member. The removal of the nominated member shall be in such manner as may be prescribed; (4) The District Fee Regulatory Committee shall have power to:- (a) take decisions on proposals received from the management committee regarding the proposed fee increase beyond the permitted fee increase under sub-section (1) of section-4; (b) hear complaint of a student or guardian or parent teacher association of such School whose complaint remains unheard by the Head of the School within fifteen working days under this Act:- (i) made for fee being charged in excess of the fee intimated to the appropriate authority under section-4; (ii) made for capitation fee being charged; (iii) made for revision of fee during ensuing academic year; and (v) made for increase in fee more than the permitted fee increase without obtaining approval of the appropriate authority; (vi) change of school dress within five years, without prior approval of District fee regulatory committee; (vii) made for not making disclosure as provided under section-7; (viii) made for non refunding of security money/caution money after violation of provision made in clause (c) of sub -section -3 of section -3; (ix) made for violation of section -6. (5) The procedure to be followed by the District Fee Regulatory Committee shall be such as may be prescribed; (6) For the purpose of making any inquiry under this Act, the District Fee Regulatory Committee shall have powers of a civil court and appellate court under the Code of Civil Procedure, 1908 (Act no. 5 of 1908) while trying a suit, in respect of the following matters, namely: (a) the summoning and enforcing the attendance of any witness and examining him on oath, (b) the discovery and production of any document; (c) receiving of evidence on affidavits; and (d) the issue of commission for the examination of the witness. (7) The quorum of a meeting of the District Fee regulatory Committee shall be fifty percent of the members of its total strength of members and the Chairman. No order shall be passed by the District Fee Regulatory Committee unless there is a quorum; (8) Every recognised school, which proposes to increase its fee beyond the permitted fee increase shall, at lease three months before the commencement of the academic session, submit a proposal containing the details of the proposed fee with appropriate documents, justifying the need for such increase to the District Fee Regulatory Committee; (9) The District Fee Regulatory committee shall, upon considering the proposal and the reasons given by the recognised school, accept or reject the proposal or prescribe such percentage increase in fees as it may deem fit, not being less than the permitted fee increase under section -4. Such order shall be in writing and be given to the recognised school within a period of ninety days of receipt of the proposal. The order passed by the District Fee Regulatory Committee shall be binding on the recognised school for the academic year for which such proposed fee increase is sought; (10) On receipt of complaint, if any, from a student or guardians or parents teacher association, the District Fee Regulatory Committee, after making due inquiry and after being satisfied, may impose penalties in the manner as follows:- (a) in case of contravention of the provisions of this Act for first time, may impose financial punishment upto Rs. one lakh, with refunding of excess fee levied, from a student to the notified fee; (b) contravention of the provisions of this Act for second time may impose financial punishment of Rs five lakh, with refunding of excess fee levied; (c) contravention of the provisions of this Act for third time, may recommend for withdrawal of recognition/affiliation to concerned Board, in addition to the withdrawal of permission of developmental fund for a certain period as may be decided by it. 1[(11) Where the recognised school or any person is aggrieved by the decision of the District Fee Regulatory Committee it may, within thirty days from the date of such decision, prefer an appeal, in such manner as may be prescribed to the State Self Finance Independent School Appellate Authority referred to in section-9.]

8. (1) There shall be constituted in every district of the State a District Fee Regulatory Committee consisting of;- (a) the District Magistrate - Chairperson (b) a chartered accountant to be nominated by the District Magistrate -Member (c) an engineer, not below the rank of Executive Engineer of P.W.D., nominated by the District Magistrate. -Member (ex-officio) (d) a senior officer of State Finance and Accounts Service Nominated by the District Magistrate. -Member (ex-officio) (e) a parent of Parent Teachers Association of a School situated in the district nominated by the District Magistrate. (f) an eminent principal/manager/ administrator of a self-financed school, nominated by the District Magistrate. -Member (g) the District Inspector of School. -Member Secretary (ex-officio) (2) The jurisdiction of the District Fee Regulatory Committee shall be at the level of educational entity, situated in respective district. (3) The term of office of members mentioned in clauses (b), (e) and (f) of sub-section (1) of the District Fee Regulatory Committee shall be two years from the date of their nomination. In case of vacancy of a member arising earlier for any reason, such vacancy shall be filled for the remaining period of the term of such member. The removal of the nominated member shall be in such manner as may be prescribed; (4) The District Fee Regulatory Committee shall have power to:- (a) take decisions on proposals received from the management committee regarding the proposed fee increase beyond the permitted fee increase under sub-section (1) of section-4; (b) hear complaint of a student or guardian or parent teacher association of such School whose complaint remains unheard by the Head of the School within fifteen working days under this Act:- (i) made for fee being charged in excess of the fee intimated to the appropriate authority under section-4; (ii) made for capitation fee being charged; (iii) made for revision of fee during ensuing academic year; and (v) made for increase in fee more than the permitted fee increase without obtaining approval of the appropriate authority; (vi) change of school dress within five years, without prior approval of District fee regulatory committee; (vii) made for not making disclosure as provided under section-7; (viii) made for non refunding of security money/caution money after violation of provision made in clause (c) of sub -section -3 of section -3; (ix) made for violation of section -6. (5) The procedure to be followed by the District Fee Regulatory Committee shall be such as may be prescribed; (6) For the purpose of making any inquiry under this Act, the District Fee Regulatory Committee shall have powers of a civil court and appellate court under the Code of Civil Procedure, 1908 (Act no. 5 of 1908) while trying a suit, in respect of the following matters, namely: (a) the summoning and enforcing the attendance of any witness and examining him on oath, (b) the discovery and production of any document; (c) receiving of evidence on affidavits; and (d) the issue of commission for the examination of the witness. (7) The quorum of a meeting of the District Fee regulatory Committee shall be fifty percent of the members of its total strength of members and the Chairman. No order shall be passed by the District Fee Regulatory Committee unless there is a quorum; (8) Every recognised school, which proposes to increase its fee beyond the permitted fee increase shall, at lease three months before the commencement of the academic session, submit a proposal containing the details of the proposed fee with appropriate documents, justifying the need for such increase to the District Fee Regulatory Committee; (9) The District Fee Regulatory committee shall, upon considering the proposal and the reasons given by the recognised school, accept or reject the proposal or prescribe such percentage increase in fees as it may deem fit, not being less than the permitted fee increase under section -4. Such order shall be in writing and be given to the recognised school within a period of ninety days of receipt of the proposal. The order passed by the District Fee Regulatory Committee shall be binding on the recognised school for the academic year for which such proposed fee increase is sought; (10) On receipt of complaint, if any, from a student or guardians or parents teacher association, the District Fee Regulatory Committee, after making due inquiry and after being satisfied, may impose penalties in the manner as follows:- (a) in case of contravention of the provisions of this Act for first time, may impose financial punishment upto Rs. one lakh, with refunding of excess fee levied, from a student to the notified fee; (b) contravention of the provisions of this Act for second time may impose financial punishment of Rs five lakh, with refunding of excess fee levied; (c) contravention of the provisions of this Act for third time, may recommend for withdrawal of recognition/affiliation to concerned Board, in addition to the withdrawal of permission of developmental fund for a certain period as may be decided by it. 1[(11) Where the recognised school or any person is aggrieved by the decision of the District Fee Regulatory Committee it may, within thirty days from the date of such decision, prefer an appeal, in such manner as may be prescribed to the State Self Finance Independent School Appellate Authority referred to in section-9.]

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