Maharashtra Coaching Classes (Regulation) Ordinance, 2000
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Coaching Classes Regulation Ordinance 2000.
Mah. Ord. XXII of 2000 is hereby published under the authority of the Governer. By order and in the name of the Governor of Maharashtra PRATIMA UMARJI
Principal secretary to Government, Law and Judiciary Department. translation in English of the Maharashtra Coaching Classes Regulation Ordinance 2000 Mah. Ord. XXII of 2000) is hereby published under the authority of the Governer,SCHOOL EDUCATION DEPARTMENT Mantralaya, Mumbai 400032 dated the 17th October 2000 MAHARASHTRA ORDINANCE No. XXII OF 2000 AND ORDINANCE
to regulate conducting of coaching classes in the State of Maharashtra and for matters connected therewith or incidental thereto.
WHEREAS the Constitution of India attaches great importance to Education and casts solemn responsibility on the State to ensure fulfilment of right to Education to the people of India.
AND WHEREAS it is the utmost and constant endeavour of the Government of Maharashtra to fulfill this pious obligation towards the people of the State :
AND WHEREAS it has been observed by the Hon'ble Supreme Court in its several judgments that commercialization of education is against the ethos and tradition of our country, and that in the light of our tradition commercialization of education cannot and should not be permitted and that such commercialization is positively harmful and opposed to the public policy. AND WHEREAS it is noticed by the Governm~nt that there is mushroom growth of coaching classes in the State, solely guided by commercial and even unethical motives treating activity of imparting education as purely business activity, resulting in indulgence in gross mal-practices by some unscrupulous coaching classes, and unhealthy and undesirable element of competition among the student comunity and exploitation of parents, thereby jeopardizing the interests of the society in general ;
AND WHEREAS for the reasons aforesaid, the Government of Maharashtra considers it expedient to regulate the activities of coaching classes to safeguard the interests of student community in particular and public in general ;
AND WHEREAS both Houses of the State Legislature are not in session ;
AND WHEREAS the Governer of Maharahsrra is satisfied that circumstances exist which render it necessary for him to take immediate action to make a law for the purposes aforesaid;
NOW THEREFORE in exercise of the powers conferred by clause ( 1 ) of article 213 of the constitution of India, the Governer of Maharashtra is hereby pleased to promulgamate the following Ordinance namely :
PRELIMINARY
1. Short title, extent and commencement. - (1) This Ordinance may be called the Maharashtra Coaching Classes (Regulation) Ordinance, 2000. 2) It extends to the whole of the State of Maharashtra.3) It shall come into force at once.
2. Definitions. - In this Ordinance, unless the context otherwise requires,
a) "advertisement" includes any notice, circular, label, wrapper or any other document, and any announcement made orally or in writing in any form or by any means (whether mechanical, electrical, magnetic, electronic or otherwise) producing or transmitting light or sound;
b) "branch" means a branch of any coaching class which is owned by one and the same proprietor and registered at one or more places in the same name ;
c) "chief of coaching class" means any person appointed by the proprietor, by whatever name, who is incharge of, or is responsible for conducting such a coaching class;
d) "coaching class" means a class conducted by any person for coaching more than five students at a time, by charging fees in a subject but shall not include the regular classes conducted by the educational institutions recognised by the Government or, as the case may be, university, such as primary, secondary, higher secondary schools, technical and vocational institutions, senior college and university classes and any academy or classes where subjects such as classical dance, music or such other classical subjects are taught;
e) "Competent Authority" means an officer notified by the Government under section 3;
f)"Government" means the Government of Maharashtra;
g) "person" means an individual and includes a group of persons or a body corporate, or a trust, firm or society or an institution;
h) "prescribed" means prescribed by rules made under this Ordinance;
i) "proprietor" means an owner of a coaching class registered as such under this Ordinance and includes a joint owner;
j) "Regional Offcer" means an officer designated as such by Government, by notification in the Offcial Gazette, for the purposes of this Ordinance;
k) "registration" means the registration of a coaching class under section 4 ; 1) "tutor" means a person who guides or trains students in any coaching class and inciudes a tutor giving specialised tutions.
CHAPTER II REGISTRATION OF COACHING CLASSES
3. Competent Authority - The State Government shall, for the purposes of this Ordinance, by notification in the Official Gazette, notify one or more officers to be the Competent Authorities and specify the local limits of their jurisdiction in such notification. The Competent Authority shall exercise such powers and perform such functions as are provided under this Ordinance and as may be prescribed.
4. Registration of coaching class and renewal thereof
( 1 ) On or after the date of coming into force of this Ordinance, no person shall conduct a coaching class without prior registration of such coaching class under the provisions of this Ordinance :
Provided that, the coaching classes existing on the date of coming into force of this Ordinance , shall, apply for registration within a period of three months from the said date.
2) Any person desirous of conducting a coaching class shall apply for registration of such coaching class to the Competent Authority within whose local jurisdiction such coaching class is situated, in such form and with such fees, as may be prescribed alongwith such documents as specified in section 5: Provided that, in no case, such fees shall exceed rupees five thousand : Provided further that, in case of a coaching class having brahches, each branch shall be treated as a separate coaching class and it shall be necessary to submit a separate application for registration of each branch.
3) The Competent Authority shall, within three months from the date of receipt of the application for registration under sub-section (2) either grant the registration certificate in the prescribed form, or shall communicate to the applicant his order of refusal to grant such registration, after recording reasons in writing, for such refusal.
4) Every registration of a coaching class, shall be valid up to 31 st March of the next succeding year, unless cancelled earlier for any reason.
5) Every registered coaching class shall apply for renewal of registration certificate to the Competent Authority two months prior to the date of expiry of such registration, in such form and with such fees as may be prescribed alongwith the documents as specified in section 5.
6) The Competent Authority may on receipt of an application for renewal of registration in the prescribed form and on payment of the prescribed fees renew the registration
Provided that, the Competent Authority shall decide the application for renewal of registration before the expiry of the registration period and may renew the certificate or may communicate the refusal thereof to the applicant before the expiry of the registration period, after recording the reasons for such refusal in writing.
5) Documents to be accompanied with the application for registration and its renewal.
Every application for registration or renewal of the registration of a coaching class shall be accompanied by the following documents :
a) A certificate from the concerned local authority that,
i) the premises of the coaching class are adequate, hygienic and safe; .
ii) there are separate and adequate toilet facilities for boys and girls and sufficient space for waiting room in the premises of a coaching class;
iii) sufficient parking space is available for parking of the students' vehicles b) A certificate regarding payment of Income Tax and Profession Tax by the applicant, unless it is the new registration ;
c) An undertaking by the proprietor that,
i) to the best of his knowledge and belief the tutors are not the employees of any educational institution recognised by the Government or as the case may be university ;
*ii) he shall use only the words "registered coaching class" and shall not use the words "recognised" or "approved" on any sign board or in any advertisement or correspondence or communication of whatever nature or at any place;
iii) the necessary information regarding the time table of the coaching class, the fees charged and general information, as prescribed, regarding the coaching class shall be displayed on the notice board at the prominent place in the premises of the coaching class;
iv) the premises of the coaching class are not situated in the campus of any educational institution recognised by the Government or, as the case may be, university;
v) he or the chief of the coachig class, if any, or any tutor or any employee of the coaching class has not been convicted for any offence involving moral turpitude and that any change in the employment of a tutor shall immediately be intimated to the Competent Authority;
vi) he shall abide by the condition regarding the prescribed number of students to be admitted in the coaching class;
vii) the prospectus, notes and other material shall be supplied by the coaching class without charging any separate fees therefor;
viii) the working hours of the coaching class shall be arranged in such a way that the same shall not overlap the normal working hours of the students of the educational istitutions recognised by the Government or, as the case may be, university, and he shall follow the orders issued by the Competent Authority in this behalf;
ix) such other terms and conditions, as may be prescribed shall be followed while conducting the coaching class;
d) The application for renewal of a registration shall be accompanied by a copy of the audited statement of accounts in respect of each branch, audited by a Chartered Accountant.
6. Concellation of Registration. - The certificate of registration granted under section 4, without prejudice to any other penal action which may be taken under this Ordinance, may at any time be cancelled, if the concerned Competent Authority is satisfied that the coaching class has contravened any of the provisions of this Ordinance or the rules made thereunder are violated any of the terms and conditions subject to which the registration was granted;
Provided that, no such order shall be passed by the Competent Authority without giving the holder of such certificate a reasonable opportunity of showing cause against the proposed order.
7. Appeal - Any person aggrieved by the order of refusal to register a coaching class under sub-section (3) of section 4, or its renewal under sub-section (6) of section 4 or cancellation thereof under section 6, may within thirty days from the date of receipt of such order, appeal to the concerned Regional Officer in the prescrebed manner and with the prescribed fees and the order passed by such Regional Officer in such appeal shall be final.
8. Restriction on shifting of coaching class - A coaching class or its branch shall be conducted only at the place indicated in the registration certificate and shall not be shifted to any other place than its registered place, without prior written approval of the Competent Authority in that behalf.
9. Prohibition of misleading advertisements relating to coaching class. - No coaching class shall publish or cause to be published or take part in the publication of any advertisement relating to such class.
Explanation - For the purposes of this section "advertisement" shall include making any claim, directly or indirectly, of quality of coaching in such class or the facilities offered therein or the result procured by such coaching class or the students who attended such class, but shall not indclude the publication of information and details of the coaching class, that is to say, its name, location, the establishment of such class and the courses offered therein.
CHAPTER III
MISCELLANEOUS
10. Maintenance of records and power to enter and inspect
( 1 ) The proprietor of a coaching class shall maintain such records, accounts, registers or other documents, as may be prescribed.
2) The Competent Authority or any officer authorised by general or special order in this behalf by the concerned Regional Officer, may, at any time during the normal working hours of any coaching class enter the premises thereof or. any premises belonging to the proprietor or the chief of the coaching class, in relation to such class, if he has reason to believe that there is or has been any coritravention of the provisions of this Ordinance or the rules made thereunder, and search and inspect any records, accounts, registers or other documents belonging to such coaching class or of the proprietor or the chief of the coaching class in so far as such records, accounts, registers or other documents relate to such coaching class and seize any such records, accounts, registers or other documents for the purpose of ascertaining whether there is or has been any such contravention.
3) The provisions of the Code of Criminal Procedure, 1973 relating to searches and seizers shall apply, so far as may be to searches and seizers under sub-section(2).
11. Restriction on charging fees - The fees payable by a student to a coaching class shall be such as may be specified by the Government, from time to time, by notification in the Official Gazette and no coaching class shall receive or claim from any student or his parents or guardian any fees more than the fees specified by the Government;
Provided that, different amount of fees may be specified by the Government for different subjects and also for different areas in a city of different districts in the State :
Provided further that any coaching class desirous of charging fees higher than the fees specified by the Government, in view of the special factors such as extraordinary facilities and coaching amenities made available in the class, may apply to the concerned Regional Officer for permission to charge such higher fees the Regional Officer may, subject to directions or guidelines, if any, issued by the Government in this behalf, grant such permission, or, may allow the class to charge such higher fees, as the Regional Officer deems fit after recording reasons in writing for such permission.
Explanation - For the purposes of this section, the term "Government" shall mean the administrative Department of Government concerned with the subject, being taught in the coaching class.
12. Penalties - Whoever contravenes any of the provisions of this Ordinance or the rules made thereunder, shall on conviction, be punished with imprisonment for a term which may extend to one year or fine which may extend to fifty thousand rupees or with both.
13. Offences by companies - (1) Where an offence under this Ordinance, or the rules made thereunder, is committed by a company, every person who t the time when the offence was committed, was in-charge of and was responsible to the company, for the conduct of the business of the company, as welras the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;
Provided that, nothing contained in this sub-section shall render any person liable to any punishment, if he prove that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2) Notwithstanding anything contained in sub-section (1) whereany offence under this Ordinance or the rules made thereunder, has been committed by a company with the consent or connivance of, or is attributable to or on the part of any Director, Manager, Secretary or other Officer or servant of the company, such Director, Manager, Secretary or other Officer or servant concerned shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation- For the purpose of this section -
a) "company" means any body corporate and includes a trust, a firm, society, an institution, or other association of individuals; and b) "Director" in relation to-i) a firm means partner in the firm; ii) a society a trust, institution or other association of persons, or body of individuals, means the person who is interested under the rules or bye-laws of the society, trust, institution or other association or body with the management of the affairs of the society, trust, institution or other association or body, as the case may be.
14. Bar of civil suits or proceedings.- Notwithstanding anything contained in any other law, no Civil Court shall entertain or proceed with any suit or proceeding in respect of any matter in which an appeal is provided under section 7.
15. Power to make rules -
1) The State Government may, by notification in the Offcial Gazette, make rules to carry out the purposes of this Ordinance.
2) Except when the rules are made for the first time, all rules made under this Ordinance shall be subject to the condition of previous publication.
3)Every rule made under this Ordinance shall be laid as soon as may be, after it is made before each House of the State Legislat u re, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session in which it is so laid or the session or sessios immediately following, both Houses agree in making any modification in the rule or both Houses agree that, the rule shall not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication, of such decision have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that
rule.
16. Power to remove difficulty - If any difficulty arises in giving effect to the provisions of this ordinance the state Governx~ent may, by order published in the Official Gazette, give such directions, not inconsistent with the provisions of this Ordinance, as may appear to it to be necessary or expedient for the purposes of removing the difficulty.
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STATEMENT
1. Constitution of India attaches great importance to education and casts solemn responsibility on the State to strive for fulfilment of the right to education to the people of India. In pursuance of this constitutional mandate it is the utmost and constant endeavour of the Government of Maharashtra to fulfill this pious obligation towards the people of the State.
2. The Honourable Supreme Court in several of its judgments observed that, commercialization of education is against the those and tradition of our country and that in the light of our tradition, commercialization of education cannot and should not be permitted as such commercialization is positively harmful and opposed to the public policy.
3. It is noticed by the Government that there is mushroom growth of coaching classes in the State solely guided by commercial and even unethical motives treating activity of imparting education as purely business activity, resulting in indulgence in gross malpractices by some unscrupulous coaching classes, and unhealthy and undesirable element of competition among the student community and exploitation of parents, thereby jeopardizing the interests of the society in general. At present, there is no law to regulate or monitor in any way the activities of the coaching classes.
4. For the reasons aforesaid, the Government of Maharashtra considers it expedient to regulate the activities of coaching classes to safeguard the interests of student community in particular and public in general.
5. As both Houses of the State Legislature are not in session and the Governer of Maharashtra is satisfied that circumstances exist which runder it necessary for him to take immediate action to make a law, for the purpose aforesaid, this Ordinance is promulgated.
Mumbai P.C. ALEXANDER
Dated the l3th Octor 2000 Governer of Maharashtra
By order and in the name of the Governer of Maharashtra
RAMESHCHANDRA KANADE
Secretary to Government.