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GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (EDUCATION)

(G.O. MS. NO. 19, dated 29th July 2013)

NOTIFICATION

In exercise of the powers conferred under section 49 of the

Puducherry School Education Act, 1987 (Act 9 of 1987), the following

draft rules which the Government proposes to make in order to further

amend the Puducherry School Education Rules, 1996, notified

vide G.O. Ms. No. 40, dated 18th September 1996 of the Government

of Puducherry, Chief Secretariat (Education) and published in the

Extraordinary Gazette, Part-II, No. 13, dated 18th September, 1996,

are hereby published as required under sub-section (1) of the said

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31 {

No.

33 Poudouchéry

Mercredi

31

Juillet

2013

No.

Puducherry

Wednesday

31st

July

2013

(9 Sravana 1935)

186

LA GAZETTE DE L'ETAT

[PART–II

section for information of all persons likely to be affected thereby.

Notice is hereby given that the said draft amendment rules will be

taken into consideration on the expiry of 15 days from the date of

publication of this notification in the official gazette.

Any objection or suggestion received by the Government from

any person in respect of said draft amendment rules within the period

specified above will be considered by the Government. The objections

or suggestions, if any, should be addressed to the Secretary to

Government, Education Department, Puducherry.

DRAFT AMENDMENT RULES

PUDUCHERRY SCHOOL EDUCATION (AMENDMENT) RULES, 2013

CHAPTER – I

PRELIMINARY

1. Short title, extent and commencement.— (1) These rules may

be called the Puducherry School Education (Amendment) Rules, 2013.

(2) They shall extend to the whole of the Union territory of

Puducherry.

(3) They shall come into force on and from the date of their

publication in the official gazette.

SUBSTITUTION OF RULE 64

In the Puducherry School Education Rules, 1996, for the existing

rule 64 and the entries relating thereto, the following shall be

substituted, namely:—

“64.(1) Fees and other charges in private schools.— Fees and

other charges in private schools shall be as fixed by the

committee constituted for the purpose of regulating the fee to

be collected in private schools.

(2) Committee for fixation of fee and other charges in private

schools.—

(i) Constitution of Fee Committee.— The Government shall

constitute a committee to recommend a reasonable school fee

structure to the aided and unaided private schools in the

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Union territory of Puducherry. The committee shall comprise of

the following officials and non-officials to study the existing

fee structure, in the private aided and unaided schools in the

Union territory of Puducherry and recommend appropriate fee

and other charges to be collected by each of the private

schools. The committee shall comprise of :

(1) A Retired High Court Judge / Retired I.A.S. . . Chairperson

Officer nominated by the Government.

(2) Director of School Education

. . Member-

Secretary.

(3) Chief Engineer (Buildings),

. . Ex officio

Public Works Department.

Member.

(4) Deputy Secretary / Under Secretary (Education) . . Ex officio

Member.

(5) Joint Director of School Education

. . Ex officio

Member.

(6) Deputy Director of Elementary Education

. . Ex officio

Member.

(7) Senior Accounts Officer, Directorate of

. . Ex officio

School Education.

Member.

(8) Chartered Accountant nominated by

. . Member

the Government.

(ii) Terms and conditions of Office of the Chairperson and

Members.— The term of Office of the Chairperson and

Members shall be for a period of three years from the date of

their nomination and in the case of any vacancy arising

earlier, for any reason, such vacancy shall be filled for the

remainder of the term.

(iii) Sitting fee.— The Chairperson shall be eligible to draw

such rate of sitting fee and travelling allowance on par with

that of the Chairperson of the Fee Committee, constituted to

determine the fee structure of the unaided private professional

colleges etc.

(iv) Proceedings of the committee.— No act or proceeding

of the committee shall be invalid by reason only of the

existence of any vacancy in, or any defect in the constitution

of the committee.

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(v) Factors for determination of fee.— (1) The committee

shall determine the fee leviable by a private school taking into

account, the following factors, namely:–

(a) The locality of the private school, namely, urban/

rural area, more specifically, taking into consideration,

the taluk, revenue village, hamlet wherein the school

is situated;

(b) Students strength of the school;

(c) Classes of study and total number of classes in the

school;

(d) The available infrastructure, namely, status of the

school, as indicated below:—

(1) Schools having minimum infrastructure facilities as

prescribed by the Government from time to time.

(2) Schools having infrastructure facilities more than

that prescribed:–

(i) Schools having more than the minimum

requirement of laboratory, more number of

library books, classroom facilities and other

sanitary and drinking water facilities.

(ii) Schools having more than adequate classroom

facilities, laboratory facilities, library area,

number of books, very good sanitation facilities,

highly protected drinking water facilities and

other sanitary facilities together with high

percentage of results.

(iii) Schools fully equipped with modern facilities

like equipment for conducting smart classes,

provision of air conditioner, etc.

(e) the recurring and non-recurring nature of expenditure

on administration and maintenance, including payment

of salaries, etc.;

(f) the reasonable surplus required for the growth and

development of the private school;

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(g) teacher-pupil ratio; and

(h) any other factors as may be prescribed by the

committee;

(2) The committee shall, on determining the fee leviable

by a private school, communicate its decision to the school

concerned;

(3) Any private school aggrieved over the decision of

the committee shall file their objection with sufficient

material in support of this objection before the committee

within fifteen days from the date of receipt of the decision

of the committee;

(4) The committee shall consider the objection of the

private school and pass orders within thirty days from the

date of receipt of such objection;

(5) The orders passed by the committee thereon shall

be final and binding on the private school for three

academic years. At the end of the said period, the private

school would be at liberty to apply for revision;

(6) The committee shall indicate the different heads

under which the fee shall be levied.

(vi) Authorised officer.— For the purposes of these rules,

the following officers of the Directorate of School Education

shall function as the authorised officers:—

(1) Joint Director

(2) Chief Educational Officer of the region concerned

(3) Deputy Director

(4) Delegate to Director of School Education, Yanam

(5) Deputy Inspector of Schools.

(vii) Maintenance of accounts and submission of

returns.— For the said purpose, the schools shall comply

with the following:–

(1) Maintenance of accounts.–

(a) Every private school shall keep separate accounts for

different kinds of transactions, namely, fees collected,

grants received, financial assistance received,

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payments of salary to staff, purchase of machinery

and equipments, laboratory articles, library books,

stationery and other expenditure incurred.

(b) Every private school shall keep the registers,

accounts and records within the premises of the

educational institution. They shall be made available

at all reasonable times for inspection by the

authorised officer.

(c) Accounts maintained by private school together with

all vouchers relating to various items or receipts and

expenditure shall be preserved by that school until

the audit of accounts is over and objection, if any,

raised is settled.

(d) The authorised officer or the members of the Fee

Committee who have made inspection of any private

school shall send a report with relevant records to

the Director within 30 days.

(2) Submission of returns.–

(a) Every private school shall submit to the authorised

officer an annual financial return in the form for the

period ending with 31st of March of every year, not

later than the 1st day of July of every year or within

such further time as may be permitted by the

authorised officer. The return shall bear the signature

of the Secretary or Correspondent or Principal of the

private school.

(b) In addition to the returns referred to in sub-rule (1)

above, every private school shall within such time,

or within such extended time, as may be fixed by the

authorised officer furnish such returns, statistics or

other information that may be required from time to

time by him.

(viii) Powers and functions of the committee.—

(1) The powers and functions of the committee shall be,–

(a) to determine the fee to be collected by private

schools;

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(b) to hear complaints with regard to the collection of fee

in excess of the fee determined by the committee. If

the committee, after obtaining the evidence and

explanation from the management of the private

school concerned comes to the conclusion that the

private school has collected fee in excess of the fee

determined by the committee, it shall recommend to

the appropriate authority for the withdrawal or

cancellation of the recognition or approval, as the

case may be, of the private school or for any other

course of action as it deems fit in respect of the

private school concerned.

(2) The committee shall have the power to,–

(a) require each private school to place before the

committee the proposed fee structure of such school

with all relevant documents and books of accounts

for scrutiny within such date as may be specified by

the committee;

(b) verify whether the fee proposed by the private school

is justified and it does not amount to profiteering or

charging of exorbitant fee;

(c) approve the fee structure or determine some other fee

which can be charged by the private school.

(3) The committee shall have the power to,—

(a) verify whether the fee collected by the private school

affiliated to the respective State Boards of School

Education, the Central Board of Secondary Education,

Indian Council for Secondary Education (in short

ICSE) or any other affiliating body commensurate with

the facilities provided by the school;

(b) to hear complaints with regard to collection of excess

fee by a private school affiliated to the Central Board

of Secondary Education, ICSE or any other affiliating

body; and

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(c) to recommend to the Central Board of Secondary

Education, ICSE or any other affiliating body, as the

case may be, for disaffiliation of the private school,

if it comes to a conclusion that the school has

collected excess fee, in violation of the fee structure

prescribed by the committee.

(d) to recommend to the appropriate authority to

withdraw permanently or for any specified period the

recognition of any private school, under section 13 (1)

of the Act.

(By order of the Lieutenant-Governor)

M. GUNASEKARAN,

Under Secretary to Government (Education).

————

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