Non-compliance by Pvt schools to invite fine, disaffiliation
Irfan Tramboo
Srinagar, May 12: After much ado, the Government today finally notified rules for the J&K Committee for Fixation & Regulation of Fee of Private Schools (FFRC) and has empowered the committee to take a number of decisions with regard to the fee fixation, regulation, determination as well as punitive actions in case of non-compliance by private schools.
Concerning the powers of the committee, rules stated that the committee will be empowered to fix, determine and regulate the fee to be charged and collected by a private school and hear complaints with regard to the charging and collection of fee above the fee determined by it.
If the Committee, rules stated, after obtaining the material comes to the conclusion that the Private School has charged and collected fees more than the fee fixed determined and regulated by the Committee “it shall recommend to the appropriate authority for the cancellation of the recognition or registration of the private School or any other course of action as it deems fit in respect of the private school.”
As per the rules, any such recommendation made by the Committee shall be implemented by the appropriate authority within a reasonable time as per the procedure laid down.
The rules stated that the regulatory body will obtain from the private school any such information as may be required by it for the examination of the fee structure of the Institution and will also verify whether the fee proposed by the private school is justified and it does not amount to profiteering or commercial of education.
“The committee will verify whether the fee collected by the private school affiliated to the affiliating body is commensurate with the standard of education and other related facilities provided by the private school and will also recommend the appropriate authority for disaffiliation of the private school if it comes to a conclusion that the private school has charged and collected highly excessive fee.”
Regarding the fixation, determination and regulation of fee, the committee shall fix and determine the fee for each private school separately as per the procedure mentioned in these rules.
“The fee fixed and determined by the Committee having regard to relevant factors shall be binding on the private school; the fee fixed and determined by the Committee shall be valid for a period of three years. However, in case a school seeks any modification in the fee structure fixed and determined by the Committee within the prescribed period, it shall apply to the Committee for the same,” the rules stated.
Concerning the submission for fixation, determination and regulation fee, the rules notified stated that the private school shall submit a proposal to the Committee on the proforma as may be prescribed by the Committee.
“The proposal for fixation determination and regulation of fee for next year shall be submitted three months before the next academic year starts.”
In case a private school fails to submit a proposal within the prescribed time limit or submits an incomplete proposal for fixation determination and regulation of the fee, the Government stated that the Committee shall recommend to the appropriate authority to bar the private school from taking any new admission for next academic year or to impose a fine equivalent to 10 per cent of the total revenue generated by the private school/society/trust/person or individual in the preceding year.
In addition, it stated that the Committee may recommend to the appropriate authority for taking actions such as taking over the management of the private school until it submits a proposal.
“Once the management of the private school has been taken over, the Government shall appoint an Administrator not below the rank of Sub-Divisional Magistrate as Administrative Head of the Private School to ensure its smooth functioning at the cost of School’s fund,” rules stated adding the Appropriate Authority may withdraw permission and the recognition of the private school as per the procedure
About the powers to be exercised by the Chairperson, the rules notified underlined that the parents may submit a written complaint to the chairperson for non-compliance with the order of the Committee.
In case a private school is found charging excess money against the fee-determination order, the rules stated, the Chairperson shall order the private school to refund the excess amount of fee charged from the student/ parent within 30 days.
“On non-compliance of the order of the Committee/ Chairperson, the Chairperson shall impose a fine on Private School equivalent to 1% of the total revenue generated in the preceding year for the first time of the non-compliance, 3% for the second time of non-compliance and 5% for the third time of non-compliance,” rules stated.
Further, as per rules if the Private School continues to violate the order consecutively three times, the, private school shall be put under the non-admission category.
Lastly, the rules stated that if the private school fails to refund the amount as ordered by the Committee/Chairperson or fails to pay the fine as imposed, the Committee/Chairperson shall order to “recover the amount as an arrear of land revenue by Tehsildar concerned (Revenue Officer)” and the amount so recovered shall be paid to such persons as mentioned in the order and the amount of the penalty.
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