Puducherry School Education (Amendment) Rules, 2014.

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No. Puducherry Tuesday 11th March 2014

( 20 Phalguna 1935)

GOVERNMENT OF PUDUCHERRY

DIRECTORATE OF SCHOOL EDUCATION

(SECRETARIAT WING)

(G.O. Ms. NO. 11, dated 3rd March 2014)

NOTIFICATION

In exercise of the powers conferred under section 49 of the Puducherry School Education Act, 1987 (Act 9 of 1987), the Lieutenant- Governor, Puducherry, hereby makes the following rules, further to amend the Puducherry School Education Rules, 1996, the draft of the same having been pre-published in the notification issued in G.O. Ms. No. 19, dated 29th July 2013 of the Government of Puducherry, Chief Secretariat (Education) and published in the Extrodinary Gazette,

[ 81 ] 82 LA GAZETTE DE L'ETAT [PART–II

Part-II, No. 33, dated 31st July 2013, as required under sub-section (1)

of the said section and the objections and the suggestions received in

response thereto having been duly and carefully considered, namely:-

PUDUCHERRY SCHOOL EDUCATION (AMENDMENT) RULES, 2014

CHAPTER – I

PRELIMINARY

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

be called the Puducherry School Education (Amendment) Rules, 2014.

(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 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.

PART–II] LA GAZETTE DE L'ETAT

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.

(9) Three representatives of Private School . . Members

Managements.

(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.

(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:-

84 LA GAZETTE DE L'ETAT [PART–II

(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;

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;

(g) teacher-pupil ratio; and

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

committee;

PART–II] LA GAZETTE DE L'ETAT

(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 (Women)

(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, payments 86 LA GAZETTE DE L'ETAT [PART–II

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.

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.

PART–II] LA GAZETTE DE L'ETAT

(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;

(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;

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 88 LA GAZETTE DE L'ETAT [PART–II

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)

B. ZAREENA BEGAM,

Under Secretary to Government (Education).

————

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