The Manipur Private School (Registration and Regulation) Act, 2017

MANIPUR 10% GAZETTE EXTRAORDINARY PUBLISHED BYAUTHORITY No. 297(A) ' Imphal, Monday, September 11, 2017“ (Bhadra 20, 1939) GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION Imphal, the »11th September, 2017 No. 2/48/2017-Leg/L: The following Act of the Legislature, Manipur which received assent of the Governor of Manipur on August 31, 2017 is hereby published in the Official Gazette: : . THE MANIPUR PRIVATE SCHOOL (REGISTRATION AND REGULATION) ACT, 2017 (MANIPUR ACT NO. 7 OF 2017) ' . ‘ AN ACT to provide for the registration and regulation of pritzate schools in the State of Manipur. Whereas in order to regulaterand. supervise the establishment and management of private schools in the Stateof Manipur, it is expedient to provide for registration and regulation of such schools and for dealihg Withmatters connected therewith or incidental thereto. BE it enacted by the Legislature of the State of Manipur in the Sixty-eighth Year of theRepublic of India as follows: - 1. (1) This Act may be called the Manipur Private School Shorttitlc, (Registration and Regulation)Act, 2017. , extent and commencement. (2) It shallfextend tothe whole of‘ the State of Manipur. (3) . It shall come intotforce on such date as the. Government may, by notification, in the Official Gazette, appoint. Definitions. In this Act, unless the context otherwise requires,- . (a) 0)) (C) (d) (e) (f) (g) (h) (i) (i) “Appellate Authority” means an officer appointed or designated by the State Government by notification; “Board” means the Board of Secendary Education,Manipur established under the Manipur Elementary. and Secondary Education Act, 1972 as amended from time to time; * “children’ means boys and girls above the age of six and ' below theage of eighteen years receiving instructions at any stage of education; “Council” means the Council of Higher Secondary Education, Manipur established under the Manipur Higher Secondary Education, Act, 1992 as amended from time to time; “educational agency” means any person or body ofpersons. or a society or a trust or a private company which has established and is administering and proposes to establish and administer a private school, tutorial home or coaching institute; “elementary education” means education pertaining to Classes-I to VIII and includes all courses of study in the primary and upper primary schools; “higher secondary education” means education pertaining to class XI and XII; “loeal authority” means a Zilla Parishad, Autonomous District Councils, Municipal Corporation Municipal Council established under an.Act. “prescribed” means prescribed by rules made under thisAct; “private school” means any institution imparting nursery, elementary; secondary and. higher, . secondary education established or maintained and administered by any person or body of persons but does not include a school- (i) estabhshed and administered or maintained by the “' Central Government or the State vaemment or any local authority or any other authority designated orsponsoredby theCentral; Government or the State Government; and - Manipur Act No. 7 of 1972. Manipur Act No. 4 of 1992. 3 (ii) providing .01. imparting only religious instruction, but not any other instruCtiOn; i 41:) “Registering pAuthority” means an Officer or authority appointed or authorized by the State Government by notification, tgperform the functions and discharge the duties ofthe registering authority under all or any. of the provisons of this Act for area V or for such purpOses or as may be specified. in the notification; by rules to exercise all or any of the powersof the Registering Authority under this Act; 11) “rules” means the rules made under this'Act; and (m) “secondary education” means education pertaining to Class—IX and Xuand includes courses of study equivalent thereof. 3. (1) Save aszotherwise provided in this Act, every private setaooi established on or before the date of commencement of this Act or :Zmded to be established thereafter, shall notwithstanding anything pertained in any law for the time being, in force, be registered in terdance with this Act and the rules made thereunder. (2) No person or local authority shall establish or as the case may ”:2- run or maintain a private school requiring registration under this aestion unless such institution is so registered. 4. (1) Any educational agency intending to establish a private m1 and any person intending that an institution already in existence s'ruld be continued as such, shall make an application to the Registering Althetity for registration within such period and in such manner along with such fee as may be prescribed. 12) The Registering Authority, on receipt of the application, y'all make such enquiries as heconsiders necessary in order to satisfy 3w.celf— . . - (a) that there isneed forproviding educational facilities to the people in -- the locality or for the type of education intendedrto be provided by such school; (b) that there is adequate financial provision for continued and efficientg, maintenance of such institutions as prescribed-iby the competent authority; lz: J Registration of private school. Procedure for Registration. \ (c) - that the site for the building, playground a nd garden proposed to be provided and the building in which the inStitution is proposed to be housed conform to the rules prescribed'thete‘for; I (d) that the buildings 'and‘premises will provi de adequate facilities with due regard, safety and hygiene; (e) that the teachers,tutors and non—teaching stafi are qualified, adequate and adequately paid according to thestandards and norms prescribed by rules under this Act; ' (t) that the fees to be charged is not disproportionate to the facilities provided and does not exceed limits prescribed by rules under this Act; (g) that there is no reason tobelieve that the institution will not be run in an undesirable manner or by undesirable persOns; (h) that the institution follows a curriculum and syllabus prescribed by the Academic Authority, Board or Council or any other prescribed authority established under any other law of the State Legislature or the Parliament; and (i) that noybook which has not been approved by the . Central or State Boards or which has not been published and printed by it, is prescribed for study in the private school. ‘ I (3) If the Registering Authority,. after an enquiry within ninety days of thé‘ making of the application under sub—section (1), is ' satisfied in respect of the matters set out in sub—sectiOn (2), he shall proceed to give registration in the prescribed manner. (4) , The educational agency to‘whom a certificate is gamed shall be responsible for due compliance of the provisions of this Act and the rules made thereunder and terms and conditions, if any, on which the certificate is granted. 1 (5) The certificate granted under sub-section (3) shall remain valid for a period of two years within Which-the educational agency shall establish the school and obtain recognition from the recognition authority. AM “. i. on » .v Mm .. . 5 . 5. (1) A private school not already in existence, shall be established only after a Certificate has been granted undersub-section (3) of section 4: ” Provided that such private school may be established and run after an application for registration under sub-section (1) of section 4 has been made till the disposal of such application, but shall be closed down immediately if the certificate under sub-section (3) of that section is refused / (2) A private school (already in existence in respect of which an application under sub-section (1) of section 4 has been made within ninety , days of coming into force of this Act may continue pending the disposal of the application, but shall close down immediately if the certificate under sub-section (3) of that section is refused (3) A private school already in existence, in respect of which no application under section 1 of section 4 has been made within a period of ninety days after the coming into force ofthis Act, shall not continue after the expiry of that period. - 6,. A certificate issued under sub—section (3) of section 4 may be suspended or cancelled by the Registering Authority if there is a contravention of any of the provisions of this Act or the rules made thereunder or any terms and conditions imposed under sub—section (3) of . section 4. 7. If the Registering Authority refuses to grant a certificate under sub-section (3) of section 4', ’Or suspends or cancels under section 6, a certificate so granted, the applicant or the holder of the certificate may, within thirty daysnfrom the date of order of the Registering Authority, prefer an appeal to the Appellate Authority, and the order passed by the Appellate Authority shall be final and given effect to by. the Registering Authority. 8. Whosoever continue town a private school without . registration or alter refusal or cancellation of registration or willfully contravenes any of the provisions of this Act or the rules made there under or the cOnditions imposed Under'sub-section (3) of section 4 shall be punishable with imprisonment for a term which may extend to one year, or fine which may extend to rupees one lakh or with both. - 9. No Court shall take cognizance of an offence under this Act except upon complaint1n writing made by the Registering Authorityor ' an officer authorised by the Government1n this behalf and no Court inferior to that of Chief Judicial Magistrate shall try any such ofience. Establishment and continuance of private school. Suspension or cancellation of cextificate. Appeal. Penalty. Cognizance of offence. Directions and Instructions. ,. Accounts & Audit. Power to make rules 6 10. The Registering Authority may, from time to time, issue such directions or instructions to the owner of private school as may be necessary to accomplish the objectives of this Act, and 'such owner shall comply with such directions or instructions within the time specified by the Registering Authority. 11. The accounts of private schools shall be maintained and audited in such manner as may be prescribed-andthe educational agency shall file every year with the Registering Authbrity such duly audited financial and other returns as may be prescribed. 12. (1) The Government may; by notification in the ofificial Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregiong power, such rules may provide Tor— (a) grant of registration to private schools and conditions thereof; (b) period and the manner for applying for registration of private schools; (0) form of register maintained for registration of private schools and of the registration'certificates; _ (d) regulating the rates of fees, the levy and collection of fees in private schools; (e) manner in which accounts, registers and records shall be maintained in schools, and the authority responsible for such maintenance; (f) submission of returns, statements, reports, accounts by managers of educational institutions and authority responsible for such maintenance; (g) inspection of priyal'etischools and the officers by whom ' inspection shall be made; (11) mode of keeping and auditing of accounts of such institutions; ('1) standards of education and course of study; 1. .. : m1 .) 0) working of the Registering Authority; and (k) any other matter whichis to be, or may be, prescribed, - or in respect of which provision is to be made by rules. (3) All rules made under this Act shall be laid for not less than seven days before the Manipur Legislative Assembly as soon as possible, while it is in session, and shall be subject to such modification as the Legislative Assembly may make during the session in which they are so laid‘ or the session immediately following. 13. If any difficulty arises in giving effect to theprovisions of powem this Act, the State Government may, by order published in the Ofiicial F#mOVCI Gazette, make such provisions not inconsistent with the provisions of d'fficumes’ this Act as appear to it to be necessary or expedient for removal of the difliculty: ' Provided that no. such order shall be made after the expiry of a period of two years from the date of the commencement of this Act. PATIENCE PANMEI, Under Secretary (LaW),. Government of Manipurt Printed at the Directorate of Printing & Stationery, Government of Manipur/305-C/1 1-09-2017. .