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Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018
Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Constitution of Fee Regulatory Committee.
Section 34. Jurisdiction and headquarters of Committee.
Section 45. Vacancies, etc., not to invalidate proceedings of the Committee.
Section 56. Procedure to be regulated by the Fee Regulatory Committee.
Section 67. Disqualification of members of Fee Regulatory Committee.
Section 78. Powers and functions of the Fee Regulatory Committee.
Section 89. Power of State Government to notify maximum limits of fees.
Section 910. Exemption from appearance before Committee.
Section 1011. Factors for determination of fee.
Section 1112. Prohibition of collection of excess fee.
Section 1213. Fee Revision Committee.
Section 1314. Regulation of Accounts and Maintenance of Records.
Section 1415. Contravention and penalties.
Section 1516. Bar of jurisdiction of civil court.
Section 1617. Power of State Government to give directions.
Section 1718. Operation of other laws.
Section 1819. Protection of action taken in good faith.
Section 1920. Members of Committee, officers and employees to be public servant.
Section 2021. Power to remove difficulties.
Section 2122. Power to make rules.
Section 22
assam-non-government-educational-institutions-regulation-of-fees-act-2018.json
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22 Sections
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Assam
{
"id": 13620,
"slug": "assam-non-government-educational-institutions-regulation-of-fees-act-2018",
"title": "Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018",
"short_title": "Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018",
"act_number": "(Assam Act No. 15 of 2018)",
"act_year": 2018,
"act_type": "STATE",
"location": "Assam",
"law_status": "unknown",
"enactment_date": null,
"description": "Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"academic year\" means the year specified by the Government or, as the case may be, by any Board or Council to which respective institution is affiliated;\n(b) \"educational district\" means an educational district, as may be specified by the Government in the Official Gazette ;\n(c) \"elementary education\" means the education from Class I to Class VIII;\n(d) \"employee\" means a teacher and includes every other employee working in a non-government educational institution;\n(e) \"existing school\" means a recognized non-government educational institution which is in existence at the commencement of this Act;\n(f) \"Fee or Fee Structure\" means any amount, by whatever name called, collected, directly or indirectly, by a school for admission of a student to any Standard or course of study and includes, -\n(i) Tuition fee;\n(ii) Term fee, which shall not exceed one month tuition fee per term;\n(iii) Library fee and deposit;\n(iv) Laboratory fee and deposit;\n(v) Gymkhana fee where such facilities are available;\n(vi) Caution money; .\n(vii) Examination fee;\n(viii) Admission fee, which shall not exceed one month tuition fee;\n(ix) Yoga and Physical Education fee where yoga and physical education are imparted;\n(x) any other fee as determined by the Fee Regulatory Committee;\n(g) \"Fee Regulatory Committee\" means a committee constituted under section 3;\n(h) \"Fee Revision Committee\" means a committee constituted under section 13;\n(i) \"Government\" means the State Government;\n(j) \"Government school\" means a school established, owned or maintained by the Government;\n(k) \"institution\" means and includes the non-government educational institution as defined under clause (p) of this Act;\n(l) \"local authority\" means, -\n(i) a Gauhati Municipal Corporation constituted under the Gauhati Municipal Corporation Act, 1971 (Assam Act No.I of 1973);\n(ii) All other Municipal Boards or Municipal Town Committees of the State constituted under the Assam Municipal Act, 1956 (Assam Act No. XV of 1957) and Village Councils in case of Autonomous Council areas;\n(iii) a Panchayat constituted under the Assam Panchayat Act, 1994 (Assam Act No. XVIII of 1994);\n(m) \"Lower Primary School\" or \"LP School\" means a school imparting education upto class V;\n(n) \"management\" means, -\n(i) in the case of a school managed by the Government, the Government;\n(ii) in the case of school managed by any local authority, the respective local authority;\n(iii) in any other case, maintaining committee or the governing body by whatever name called, of school to which the affairs of the school are entrusted and, a person, by whatever name or designation called, where such affairs are entrusted to such person and shall also include trust or company associated with the school in any manner whatsoever;\n(o) \"minority educational institution\" means the Government approved institution established and administered by minority having right to do so under clause (1) of article 30 of the Constitution of India;\n(p) \"non-government educational institutions\" means schools established and ran by an individual or association of individuals or any Non-Government Organization or Society or Trust, except the schools established and maintained by minorities under clause (1) of article 30 of the Constitution of India and imparting education at Primary, Middle, Secondary and Higher Secondary Level without receiving any grants-in-aid from the State Government which have teen registered under sub-section (1) of section 6 of the Assam Non-government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of 2007) excluding the educational institutions ran or aided by the Central Government or the State Government. The word \"institution\" wherever it occurs in the Act shall be construed accordingly :\n(q) \"prescribed\" means prescribed by rules made under this Act;\n(r) \"pre-primary school\" means a Nursery, Junior Kindergarten, Senior Kindergarten level or any school imparting education up to pre-primary school level for children having age of 3 to 6 years, by whatever name called and of any medium attached in the prescribed manner to the school;\n(s) \"profiteering\" means any amount accepted in cash or kind, directly or indirectly which is in excess of the fee fixed or approved as per the provisions of this Act and shall include profit earned from school by trust or company associated with the school in any manner whatsoever;\n(t) \"public examination\" means an examination conducted by the Board of Secondary Education, Assam, constituted under the Assam Secondary Education Act, 1961 (Assam Act No. XXV of 1961) and Assam Higher Secondary Education Council constituted under the Assam Higher Secondary Education Act, 1984 (Assam Act No. XVII of 1984) or Central Board of Secondary Education or Council of Indian School Certificate Examinations or any other Board recognized by the Government;\n(u) \"recognized school\" means a school recognized by the competent Educational Authority of the State or the Central Government;\n(v) \"school\" includes a Lower Primary School, Upper Primary School, High School/High Madrassa, Higher Secondary School, Senior Secondary School and also includes any other institution which imparts education or training below the degree level, but docs not include an institution which exclusively imparts technical education;\n(w) \"school property\" means all movable and immovable property belonging to, or in the possession of, the school and all other rights and interests in, or arising out of, such property, and includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps, equipments, utensils, cash, reserve fund, investments and bank balances;\n(x) \"secondary education\" shall have same meaning as defined under clause (n) of section 2 of the Assam Secondary Education Act, 1961 (Assam Act No. XXV of 1961);\n(y) \"Upper Primary School\" or \"UP School\" including ME Madrassa means a school imparting education upto class VIII.\nChapter II\nConstitution of Committee, Determination of fee and Prohibition of Collection of Excess Fee",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Constitution of Fee Regulatory Committee.",
"chapter": null,
"content": "(a) retired District and Session Judge or a person who had been a member of All India Service, having retired from a post not below the rank of Commissioner and Secretary to Government or a person who had been a member of Indian Police Service, having retired from a post not below the rank of Additional Director General of Police, to be nominated by the Government, who shall be the Chairperson of the Committee;\n(b) one Chartered Accountant, to be nominated by the Government;\n(c) one Civil Engineer/Government approved valuer, to be nominated by the Government;\n(d) the Secretary, Assam Higher Secondary Education Council and Board of Secondary Education;\n(e) one representative from the non-government educational institution management to be nominated by the Government;\n(f) one Academician of repute, to be nominated by the Government;",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Jurisdiction and headquarters of Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Vacancies, etc., not to invalidate proceedings of the Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Procedure to be regulated by the Fee Regulatory Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Disqualification of members of Fee Regulatory Committee.",
"chapter": null,
"content": "(i) has been adjudged an insolvent;\n(ii) has, in the opinion of the State Government, become physically or mentally incapable of acting as a member;\n(iii) has been convicted of an offence involving moral turpitude, or\n(iv) has been guilty of proven misbehaviour :",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Powers and functions of the Fee Regulatory Committee.",
"chapter": null,
"content": "(a) require each non-government educational institution to place before the Committee, the proposed fee structure of such school along with all relevant documents and books of account for, scrutiny before such date as may be specified by the Committee;\n(b) verify whether the fee proposed by the non-government educational institution justified and whether it amounts to profiteering or charging of exorbitant fee;\n(c) approve the existing fee structure or determine the fee which can be charged by the non- educational institution;\n(d) verify whether the non-government educational institution operating within the territory of the State of Assam is recognized by the competent authority of the Stale Government or affiliated to the Assam Higher Secondary Education Council or Board of Secondary Education, Assam or the Central Board of Secondary Education or the Council for Indian School Certificate Examinations or any other Board constituted by the State or the Central Government, as the case may be, and the institution imparts instruction prescribed by the Assam Higher Secondary Education Council or Board of Secondary Education, Assam or any other Board, as referred to above as the case may be;\n(e) hear complaints or initiate suo motu hearing with regard to collection of excess fee by a non-government educational institution, as referred to above in clause (d);\n(f) regulate the fees charged by the school and penal action as per the provisions of this Act;\n(g) report the matter to the State Government that the institution has collected excess fee and it has not complied with the provisions of the respective applicable Acts and rules made thereunder of the concerned Board for appropriate action.\n(i) summoning and enforcing the attendance of any witness and examining him on oath;\n(ii) requiring the discovery and production of any document:\n(iii) receiving evidence on affidavit; and\n(iv) issuing commission for examination of witnesses for local inspection.\n(b) All inquiries and revisions under this Act shall be deemed to be the judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (Act No. 45 of 1860).",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Power of State Government to notify maximum limits of fees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Exemption from appearance before Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Factors for determination of fee.",
"chapter": null,
"content": "(i) location of the non-government educational institution where the school is situated;\n(ii) investment incurred to setup the school;\n(iii) infrastructure made available to the students for the quality education, facilities provided as mentioned in the prospectus or website of the school;\n(iv) expenditure on administration, maintenance of services and utilities of the school;\n(v) strength of students in the non-government educational institution;\n(vi) classes of study and courses of study offered by the school;\n(vii) qualification of teaching, and non-teaching staff (as per the relevant norms) their salary components, and reasonable amount for yearly salary increments;\n(viii) expenditure incurred on the students against total income of the school which shall include profit earned from school by the trust or company associated with such school;\n(ix) reasonable revenue surplus for the purpose of development, education and expansion of the institution;\n(x) any other factors which may be prescribed by the Government from time-to-time.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Prohibition of collection of excess fee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Fee Revision Committee.",
"chapter": null,
"content": "(i) A retired Judge of the High Court, to be nominated by the Government shall be the Chairperson of the Committee;\n(ii) The senior most Secretary to the Government of Assam, Secondary Education Department or Elementary Education Department;\n(iii) The Commissioner and Secretary to the Government of Assam, Finance Department, or his nominee not below the rank of the Deputy Secretary;\n(iv) The Director of Secondary Education, ex-officio , who shall be the Member-Secretary;\n(v) One representative from the non-government educational institution Management to be nominated by the Government;\n(vi) One Chartered Accountant, to be nominated by the Government.\nChapter III\nRegulation of Accounts and Maintenance of Records",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Regulation of Accounts and Maintenance of Records.",
"chapter": null,
"content": "Chapter IV\nContraventions and Penalties",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Contravention and penalties.",
"chapter": null,
"content": "(a) to pay fine which shall be upto five lakh rupees to the Government for the first contravention;\n(b) to pay fine which shall not be less than five lakh rupees but which may extend to ten lakh rupees to the Government for the second contravention; and\n(c) for cancellation or withdrawal of registration/affiliation/no objection certificate of the school, on third and subsequent contravention by the concerned authority on the recommendation of the Fee Regulatory Committee.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Bar of jurisdiction of civil court.",
"chapter": null,
"content": "Chapter V\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Power of State Government to give directions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Operation of other laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Protection of action taken in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Members of Committee, officers and employees to be public servant.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Power to remove difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Power to make rules.",
"chapter": null,
"content": "(a) the honorarium and allowances payable to and other terms and conditions of service of members of the Fee Regulatory Committee under sub-section (3) of section 3;\n(b) the fee to be levied by the non-government educational institution under sub- section (1) of section 10;\n(c) the other factors under which the Fee Regulatory Committee shall determine the fees leviable by the non-government educational institution under clause (X) of sub-section (1) of section 11;\n(d) to regulate the maintenance of accounts by the non-government educational institution under sub-section (1) of section 14;\n(e) for maintenance of records of accounts of the Fee Regulatory Committee under sub-section (2) of section 14.",
"footnote": "",
"is_definition": false,
"sort_order": 21
}
],
"metadata": {
"Act ID": "Last Updated 12th February, 2020 [ass310]",
"Act Number": "(Assam Act No. 15 of 2018)",
"Enactment Date": "",
"Act Year": "2018",
"Short Title": "Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:55:18"
}