Aera maharashtra educational institutions (regulation of fees) key highlights and...

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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

Transcript of Aera maharashtra educational institutions (regulation of fees) key highlights and...

Private&Confiden/al

MaharashtraEduca,onalIns,tu,ons(Regula,onofFee)

June 2016

FacinguptoSmoothtransi,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

Copyright©AeraConsul,ngandServicesPvt.Ltd.2016.Allrightsreserved.

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Act now

Updated provisions

ComplyingwiththeActrequireschangingmore

thanjustprocess.Earlyassessmentisessen,al

inordertomaximizethebenefitsandminimize

theriskofnon-compliance.

Aera’sanalysisoftheActenablestheclientto

iden,fy issues early and quickly provid

e

implementa,on advice. In turn, thiswill allow

clients the ,me to an,cipate andresolve

strategicandopera,onalissues,enabling

asmoothtransi,ontothenewrequirements.

The Maharashtra Educa,onal Ins,tu,o

ns

(Regula,onoffees)Act2011wascom

mencedin

Maharashtra. The Act rela,ng to the

forma,on

of forma,on of ParentTeacher Associa,

on

Execu,ve CommiPee and procedure for Fees

determina,on. The related rules i.e

the

MaharashtraEduca,onalIns,tu,ons(R

egula,on

of Fee) Rules, 2016 is effec,ve from

13th April

2016.

Now is an opportunity for Educa,o

n trust and

School to reviewtheir structures ,p

lanning for

the changes tobegin& implement the same in

theirprocessandprocedure.

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

OurUnderstanding–Defini,on–FeesFees : 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,ngProcedure

Quorum and Minute of Meeting

Procedure 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 off icer or Govt

appointed person

No,ceofthemee,ngofParent-TeachersAssocia,on(SchoolName:————————————————)

No:

NameoftheSchool: Date:

To,MemberofParent-TeacherAssocia,onSub.:No,ceofthemee,ngofParent-TeacherAssocia,on(PTA)Sir/Madam,Withreferencetothesubjectcitedabove,aspertheprovisionsofthesec,on4(2)(f)oftheMaharashtraEduca,onalIns,tu,ons(Regula,onofFee)Act,2011(MahVIIof2014)andrule4(2)oftheMaharashtraEduca,onalIns,tu,ons(Regula,onofFee)Rules,2016,themee,ngofParent-TeachersAssocia,onisscheduledonthedt:————————at:——————hrs.atVenue:———————-.Agendaof themee,ng is enclosedherewith. Youare requested toaPend themee,ng in,me.Asper theprovisionsof rule4(4), of theMaharashtraEduca,onalIns,tu,ons(Regula,onofFee)Rules,2016themee,ngwillbeconductedifatleasttenpercentofthemembersofthe full complement of the PTA are present. If the aPendance is less, the Chairperson shall adjourn themee,ng for half an hour. If thequorumiss,llnotfulfilled,themee,ngwillbecancelledandrecalleda^er15daysbyfollowingtheprocessmen,onedintherules.Yoursfaithfully,SecretaryParent-TeachersAssocia,on(PTA)SchoolName:———————————

Format:No,ceofthemee,ngofPTA

OurUnderstanding–PTAFrequency : 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,veCommiPee: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,veCommiPee: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,veCommiPee: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,veCommiPee:Mee,ngProcedure

Quorum and Minute of Meeting

Procedure 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 off icer or Govt

appointed person

No,ceofmee,ngofExecu,veCommiPeeofParent-TeachersAssocia,on(SchoolName:—————————————)No:NameoftheSchool:Date:To,MemberofExecu,veCommiPeeSub.:Mee,ngofExecu,veCommiPee.Sir/Madam,Withreferencetothesubjectcitedabove,aspertheprovisionsofthesec,on4(2)(e)oftheMaharashtraEduca,onalIns,tu,ons(Regula,onofFee)Act,2011(Mah.VIIof2014)andrule8(1)oftheMaharashtraEduca,onalIns,tu,ons(Regula,onofFee)Rules,2016,themee,ngofExecu,veCommiPeeof(SchoolName:————————isScheduledonDt.——————)(at:————————hrs.)at(Venue:——————————.)Agendaofthemee,ngisenclosedherewith.YouarerequestedtoaPendthemee,ngin,me.Aspertheprovisionsofrule8(3)oftheMaharashtraEduca,onalIns,tu,ons(Regula,onofFee),Rules,2016,themee,ngwillbeconductedonlyifatleastone-thirdmembersofthetotalstrengtharepresentandprovidedthatmorethanfi^ypercentoftheparentmembersofthetotalnumberofparent-membersarepresent.Ifthequorumisnotfulfilled,theChairpersonofthecommiPeeshalladjournthemee,ngforhalfanhour.Nobusinesswillbetransactedinthemee,ngunlessthereisaquorum.Themee,ngwillbecancelledandwillberecalleda^erfi^eendaysbyfollowingtheprocessmen,onedintheserules.Yoursfaithfully,Secretary,Execu,veCommiPee.SchoolName:———————————————

Format:No,ceofthemee,ngofExecu,veCommiPee

OurUnderstanding–Execu,veCommiPeeApproval 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

GovtFeesRegula,onCommiPee: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,ontoDivisionalFeesCommiPee

Format:Applica,ontoDivisionalFeesCommiPeeformorethan15%difference

Format:Applica,ontoRevisionCommiPee

OurUnderstanding–GovtFeesRegula,onCommiPeePeriod: 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,onBase

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,onBase

OurUnderstanding–Fees–Calcula,onfactorFees : 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 fees

Procedure 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:RevisionBase

Format:No,ceofthemee,ngofExecu,veCommiPeeforFeesRevision

OurUnderstanding–Fees–RevisionfactorPercentage % 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

BookofRecord:Requirement•  Every private educa,onal ins,tu,on shall keep separate accounts for

different kindsof transac,ons, suchas, fees collected, grants received,financial assistance received, payments of salary to staff, purchase ofmachinery and equipment, laboratory apparatus and consumables,library books, sta,onery, computers, so^ware and other expenditureincurred.

•  Everyprivateeduca,onal ins,tu,onshall keep the registers,accountsandrecordswithinthepremisesoftheireduca,onal ins,tu,onastheyshallbemadeavailableatallreasonable,meforinspec,on.

•  Theaccountsmaintainedbytheprivateeduca,onalins,tu,ontogetherwith all vouchers rela,ng to various itemsor receipts and expenditureshallbepreservedbythatschoolun,ltheauditofaccountsisoverandobjec,on,ifany,raisedissePled.

•  Theprivateeduca,onal ins,tu,on shall alsomaintain theother recordoftheins,tu,onaspertheordersissuedbytheGovernment,from,meto,me.

•  ThePrincipalorHeadoftheeduca8onalins8tu8onshallberesponsibleformaintenanceofaccounts,recordsandregisters.

BookofRecord:RequirementEvery 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:ImmovableAssetRegister

Format:MovableAssetRegister

Format:AdmissionRegister(Sugges,ve)

Admission Register

Year………………..

Sl.No. Roll

Name of the

Students

Father’s/ Mother’s /Guardian Name of

the Student

Address Date of Birth C

aste

Whether the student

Physically handicaped /

not

Religion Gender : Boy /Girl

Date of Addmission

with year

Class & Sec (VA/VB/VC)

Upto XII

Promoted/ Not Promoted

Fees paid/ not paid

Rem

aks

Format:AcquaintanceRoll(Sugges,ve)

OurUnderstanding–BookofRecordsInspection 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

SocialImpact: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

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