Demand of National Law on the lines of Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009

Demand of National Law on the lines of Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009



All India Parents Association (AIPA)

Agarwal Bhavan, G.T. Road

Tis Hazari, Delhi-110054

28.11.2009

Sub: Demand of National Law on the lines of Tamil Nadu

Schools (Regulation of Collection of Fee) Act, 2009



Dear Parents/Parents Associations,



It is interesting to note that the parents all over the country have raised voices against inaction on the part of the State Governments to check the menace of commercialization of education in unaided private schools. In 1997, on the pretext of 5th Pay Commission Recommendations, the unaided private schools in Delhi increased fee and other charges ranging from 40% to 400%. This gave rise to unrest amongst the middle class parents and the parents organized themselves against the arbitrary fee hike by the unaided private schools. Needless to say that a PIL was filed in 1997 in the Hon’ble Delhi High Court which was decided on 30.10.1998 in favour of the parents. The High Court laid down the criteria and guidelines of fixing a reasonable fee structure in an unaided private school. The High Court also held that the Government is not only empowered but also has a duty to regulate fee of such schools to prevent commercialization of education and exploitation of parents/students. The schools filed appeals before the Hon’ble Supreme Court against the High Court decision which was dismissed on 27.04.2004. The schools took another opportunity through filing a review petition before the Hon’ble Supreme Court seeking review of Supreme Court decision of 27.04.2004. Fortunately, the Supreme Court also dismissed the review petition on 07.08.2009.



In 2008, on the pretext of 6th Pay Commission Recommendations, the unaided private schools all over the country hiked fee and other charges exorbitantly and arbitrarily while Central and State Governments were just mute spectators to the same. This time, the parents all over the country organized themselves to a larger extent and openly protested against the schools and the governments. The parents associations in many part of the country approached their respective High Courts by way of filing writ petitions. The agitation by the parents in some States led the State Governments to issue certain directives to check the arbitrary fee hike. The school managements have filed writ petitions against such directives in their respect State High Courts. A PIL filed by the Parents in Delhi High Court is being heard on day to day basis and is expected to be concluded soon.



Friends, I wish to submit that though the parents are now better aware of their rights qua unaided private schools but the schools are very adamant to continue to exploit the parents and the students by subjecting them to pay unjustified fee and other charges. The State of Tamil Nadu has enacted Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009. Some of the relevant provisions of the said Act are reproduced as under:



Section 3(2) - No fee in excess of the fee determined by the committee under this Act shall be collected for admission of pupils to any standard or course of study in a private school.


Section 5(1) - The Government shall constitute a committee for the purpose of determination of the fee for admission to any Standard or course of study in private schools.


Section 5(2) - The committee shall consist of the following members, namely: -
(a) a retired High Court Judge, nominated

by the Government. -Chairperson;

(b) Director of School Education. -Ex-officio Member;

(c) Director of Matriculation Schools. -Ex-officio Member;

(d) Director of Elementary Education. -Ex-officio Member;

(e) Joint Chief Engineer (Buildings)

Public Works Department. -Ex-officio Member;

(f) Additional Secretary to Government,

School Education Department. -Ex-officio Member

Secretary.”

Section 6 -
(1) The committee shall determine the fee leviable by a private school taking into account the following factors, namely: -

(a) the location of the private school;

(b) the available infrastructure;

(c) the expenditure on administration and maintenance;

(d) the reasonable surplus required for the growth and development of the private school;

(e) any other factors as may be prescribed.



(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 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 shall be final and binding on the private school for three academic years. At the end of the sad 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.



Section 7 –
The powers and function of the committee shall be: -

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

(b) to hear complaints with regard to collection of fee in excess of the fee determined by it or fixed by the Government, as the case may be. If the committee, after obtaining the evidence and explanation from the management of the private school or aided school concerned or from the Government school, comes to the conclusion that the private school or the Government school or aided school has collected fee in excess of the fee determined by the committee or fixed by the Government, as the case may be, it shall recommend to the appropriate competent authority for the cancellation of the recognition or approval, as the case may be, of the private school or aided school or for any other course approval, as the case may be, of the private school or aided school or for any other course of action as it deems fit in respect of the private school or Government school or aided school.



(2) The committee shall have 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 power to: -

(a) verify whether the fee collected by the school affiliated to the Central Board of Secondary Education; and

(b) to hear complaints with regard to collection of excess fee by a school affiliated to the Central Board of Secondary Education; and

(c) to recommend to the Central Board of Secondary Education for disaffiliation of the school, if it comes to a conclusion that the school has collected excess fee.

(4) The committee shall have the power to regulate its own procedure in all matters arising out of the discharge of its functions, and shall, for the purpose of making any inquiry under this Act, have all the powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely: -

(a) summoning and enforcing the attendance of any witness and examining him on oath;

(b) the discovery and production of any document;

(c) the receipt of evidence on affidavits;

(d) the issuing of any commission for the examination of witness.









Section 8 - The Government may regulate the maintenance of accounts by the private schools in such manner as may be prescribed.


Section 9 -
(1) Whoever contravenes the provision of this Act or the rules made thereunder shall, on conviction, be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which shall not be less than three years but which may extend to seven years and with fine which may extend to five thousand rupees.

Provided that the court may, for any adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.

(2) The person convicted under this section shall refund to the pupil from whom the excess fee was collected in contravention of this Act, such excess fee.



It appears that the Tamil Nadu Act is addressing parents concerns to a larger extent. However, the application of the said Act is limited to the State of Tamil Nadu. In other States, practically, there are no laws to deal with the fee hike problems. All India Parents Association (AIPA) has since long been demanding a Central Law to deal with the issue of commercialization in unaided private schools but the Central Government has not taken any step in this regard so far. It is the need of the hour that all the parents/parents bodies all over the country should write to the Prime Minister and the HRD Union Minister demanding immediate enactment of a Central Law, may be on the lines of the Tamil Nadu Act to check the commercialization of education in unaided private schools all over the country. We can also plan to hold a massive demonstration at Jantar Mantar at New Delhi in this regard sometimes in January, 2010.



Last but not the least, we should not forget that while fighting against the exploitation of the parents/students by the unaided private schools, we have to continue our fight for the up gradation of the standard of education in very government school to the minimum level of kendriya Vidayalays (Central Schools). Contact at juristashok@gmail.com.



With regards,





Ashok Agarwal, Advocate

President, AIPA

M-09811101923

Interim Order_10.11.2009

IN THE HIGH COURT OF DELHI AT NEW DELHI 10.11.2009
Present: Mr.Nitin Sahni, Adv. for the petitioner. Dr.A.M. Singhvi, Sr. Advocate with Mr.P.D. Gupta, Mr.Kamal Gupta and Mr.Abhishek Gupta, Adv. for respondent no.1 Mr.V.K. Tandon, Adv. for respondent no.2
C.M.13998/2009 in WP(C).NO.10801/2009 Notice. Counsel for non-applicants accept notice. Counsel for petitioners on instructions submits that without prejudice to the rights and contentions of the petitioners, the fees as demanded by the respondent ? school shall be deposited, however, he prays for two weeks time to deposit the same. Learned senior counsel for respondent ? school on instructions submits that the school shall not take any action against the students for a period of two weeks from today. Subject to the undertaking given by counsel for the petitioners today, counsel for respondent-school further submits that the school will not disallow any students from attending the classes. In view of the statement made by counsel for respondent ? school, counsel for petitioners does not wish to press this application. Dismissed as not pressed, at this stage.
G.S. SISTANI, J. November 10, 2009 'ssn' 35

Area Representatives

For any communication, please be in touch with our representatives at the below mentioned numbers

East of Kailash Ajay Chopra E-104, EOK 9811059450
East of Kailash Vinoo Sahdev C-53, 1st Flr 9818169078
Sant Nagar Nisha Mittal 44A, Ground Floor, Sant Nagar 9999903410

Garhi Vanadana Sharma 9/300, Amrit Puri-B 9958732049
GK, Bipin Arora E-222, GK-1 9810946808

Kailash Clny Photoland, Adj to Anupama Sweets, Kailash Colony
Kalkaji Main Shiva F-7, LGF 9810199909
Kalkaji Extn Shiva Pkt. A4/138 9810199910
CR Park Archana Acharya K 1/13, 1st Floor, CR Park 9871593131
CR Park D.P Sur D-647, CR Park 9818446437
Dayanand Colony, Lajpat Ngr-4 Gaurav H-16, Double Story 20534100
Amar Colony, Lajpat Ngr-4 Jitender Singh "Bawa" A-117, Amar Colony 9810237242
Lajpat Nagar 1,2,3 Sanjeev Suri C-6, Lajpat Nagar-3 Behind Haldiram 9810326028
Lajpat Nagar 1,2,3 Jyoti Dhamija 75, Vinobha Puri, Lajpat Ngr-2 011-41724986
Ashram/Maharani Bagh J P Singh 126A, Sunlight Clny, DDA Flats 9868105673
South Extn Vinay Bhalla 34, Uday Park 9212413961

Okhla/New Friends Clny Raees Ahmad D-150, Abul Fazal Enclave, Jamia Nagar 9212676919

Okhla/New Friends Clny Mr. Aarif 9811221667

Sarita Vihar Vikram Duggal F-259, Sarita Vihar 9899020604
Jasola Vikram Duggal F-259, Sarita Vihar 9899020604
Saket/Khanpur Pradeep Kapur A-36, Krishna Park 9810092986
Saket/Khanpur B.B Babbar Flat # 5, Gayatri Enclave, DDA Flats9871396730
Jangpura Bhogal Rahul Chadha O-27, LGF, Nr. Mother Dairy9818874945
Nizamuddin Rahul Chadha O-27, LGF, Nr. Mother Dairy9818874945

Malviya Nagar/Sheikh Sarai Mr. Ranjan Sharma 9810624140

HC Interim Order_7th Oct.09

Dear Parents;

The court has given 17th November as next date of hearing as Directorate's reply had not come today. The directorate will file their reply in next 7 days and then on 17th Nov. Judge will listen all arguments.

The court rejected the school's demand to take any action (Rule 167) against any child, who have not paid any fees (for any quarter).

We'll have to wait till 17th Nov to deposit any fees and in between we get the reply of DOE, we'll inform you as to how much fees need to be paid for 3rd quarter.

Rest assured school cannot touch any child or harass us to deposit the fee. If you encounter any harassment in the hands of the school management, then do let us know, we can file suit against the school.

If you want justice, then please don't come under any pressure of the school. STAY FIRM AND FIGHT FOR YOUR JUSTICE.

अगर अब इन्साफ नहीं मिला तो कभी नहीं मिलेगा ! अपने अधिकार को जानिए और उसके लेने के लिए कंधे से कन्धा मिला कर खड़े हो जाईये !

Interim Order 27.08.2009

IN THE HIGH COURT OF DELHI AT NEW DELHI

27.08.2009

Present: Mr.Ramashankar and Mr.Rakesh Mehta, Advocates for the petitioner.

Mr.Arvind K. Nigam, Sr. Advocate with Mr.P.D. Gupta and Mr.Kamal Gupta, Advocates for the respondent No.1.

Mr.Manish Chauhan, Advocate for the respondent No.2 and 3.

W.P(C) No.10801/2009

Learned counsel for respondents No.2 and 3 seeks more time to file the
reply to show cause notice. Reply to show cause notice be filed within two
weeks. Rejoinder, if any, be filed before the next date of hearing. The learned counsel for respondent No.1 has pointed out that the rejoinder affidavit filed on behalf of petitioner to the counter affidavit of respondent No.1 stipulates that the parents are ready to pay the enhanced fee under the heads, tuition fee, admission fee, caution money and development charges, annual charges without enhancement, however, the main bone of contention is the charges of activity fee, art and craft orientation fee, computer fee and orientation fee.

In view of the averments made by the petitioner, the fee as has been indicated by them be paid by the parents without prejudice to the rights and contentions of the parties.

Lists on October 7, 2009.

August 27, 2009 ANIL KUMAR, J.

HC Interim Order

IN THE HIGH COURT OF DELHI AT NEW DELHI
1
W.P(C) No.10801/2009

The Summer Fields School Parents Association (Regd)
. Petitioner
Through
Mr.Rama Shankar, Advocate Versus

The Summer Field School and others
. Respondents
Through
Mr.P.D.Gupta, Advocate for the respondent No.1.
Ms.Mamta, Advocate for the respondent No.2. CORAM:
HON BLE MR. JUSTICE ANIL KUMAR


O R D E R
12.08.2009

The grievance of the petitioner is that the school has started demanding
the amounts under various heads which are not permissible under the provisions
of Delhi School Education Act and the rules framed therein.
Issue show cause notice to respondents as to why rule nisi be not issued.
Mr.Gupta accepts notice on behalf of respondent No.1 and Ms.Mamta accepts notice
on behalf of respondent No.2 and seek time to file the replies. Replies be filed
within 10 days. Rejoinders, if any, before the next date.
Issue notice to respondent No.3 by ordinary process and registered AD
post on petitioner taking steps within two days, returnable on 27th August,
2009.
Notices dasti as well.
CM No.9880/2009
Issue notice to the respondents. Mr.Gupta accepts notice on behalf of
respondent No.1 and Ms.Mamta accepts notice on behalf of respondent No.2 and
seek time to file the replies. Replies be filed within 10 days.
Issue notice to respondent No.3 by ordinary process and registered AD
post on petitioner taking steps within two days, returnable on 27th August,
2009.

Any action taken by the respondents shall be subject to the outcome of
the present writ petition till the next date of hearing.


August 12, 2009 ANIL KUMAR, J.
k

W.P.(C.) No.10801 /2009 Page 1
of

SC says private schools have no right to hike fees

New Delhi, Aug. 7 (ANI): The Supreme Court on Friday ruled that private unaided schools do not have the right to hike fees.

Hearing a review petition filed by the Action Committee for Unaided Private Schools seeking reconsideration of a 2004 apex court verdict, the Supreme Court said that only the government can regulate private school fees.

The apex court upheld the 2004 verdict, authorizing the Director Education to take a final decision in fee hikes being implemented by schools on the ground of implementing pay commission recommendations for teachers.

While filing the review petition, the unaided private schools’ action committee had also argued that the 2004 judgment was contrary to provisions of the Delhi School Education Act.

Today’s verdict is a major victory for parents of school children who have been opposing private schools’ move to hike fees periodically.

The SC in its 2004 verdict had also endorsed the Director Education’s move to put a freeze on the fee structure and halt transfer of funds from schools to the parent society. (ANI)

Now, private schools under CAG scanner

TNN 31 July 2009, 11:52pm IST
NEW DELHI: If it was tough for you to figure out those hidden charges under the guise of charges for development, building, swimming pool and library in your child's school fee bill, the Comptroller and Auditor General (CAG) will now demystify it for you. On Friday, CAG said it has decided to audit accounts of unaided private schools of Delhi. The parents in Delhi who took to the streets after the recent steep fee hike by schools in the name of Sixth Pay Commission are sure to rejoice over the CAG decision. The powerful private school lobby in the Capital is, however, bound to resist it. This year accounts of only 25 schools will be taken up for review and in the next round more schools will be subjected to the audit which will be cyclical in nature. The audit will look into land use by schools, examine their fee structure and also ascertain if they cater to poor children or not as prescribed by Delhi School Education Act, 1973. The decision, CAG said, has been taken under the provisions of Delhi School Education Act, 1973, and the Delhi High Court order in Delhi Abhibhawak Mahasangh vs Union of India case. Delhi HC had said that "inspection of schools, audit of accounts and compliance with provisions of the Act and rules by private recognised unaided schools could have prevented the present state of affairs. The tution fee cannot be fixed to recover capital expenditure to be incurred on the properties of the society.'' Apart from the HC order, CAG cited provisions of Delhi School Education Act and said the law mandates it to audit accounts. DSEA says the managing committee of every recognised private school shall file audited financial and other returns with the director. The rules under DSEA Act also make it compulsory for schools to maintain accounts of fees and contributions collected by it as per government rules. Another rule says the accounts can be audited by auditors authorised by the director and also by officers authorised by the CAG. Delhi HC had in its order said the question of commercialisation of education and exploitation of parents by individual schools could be authoritatively determined on thorough examination of the accounts and other records of each school.

Give this letter along with DD

To;
The Principal
Summer Fields School
Kailash Colony
New Delhi-110048
Dear Madam;
Sub: Submission of 1st Quarter fees (April May June 2009)
We, the parents of SFS, are depositing the 1st Quarter fees according to the direction of Directorate of Education, for which letter of Dy.Dir. (South) is attached for your reference. Under the fee, the heads covered are as follows:
Tuition Fees, Development Charges, as per the school authorities, Pupil Fund and PTA.
Ward Name: _____________________________________________________________
Class & Section: __________________________________________________________
Admission No.: __________________________________________________________
DD/Pay Order No.: _______________________________________________________
Amount:________________________________________________________________

Thanks and Regards

Encl:
Demand Draft/Pay Order
Copy of Dy. Directorate, South

Fee Deposit Circular by Dy.Directorate Office

All parents are requested to deposit only Tuition Fee, 15% development charge, Pupil Fund and PTA. The amount for every class is mentioned below.

Kind Attn: Parents

Please deposit the 1st quarter fees mentioned below through DD/Pay Order in the name of SUMMER FIELDS SCHOOL, Kailash Colony and send it via registered post. Also write the name of your child, class & section with Admission no. on the back of the DD/Pay Order and keep a photocopy of the same with you.

For Nursery: Rs. 8230/-

Pre-Primary: Rs. 7900/-

Class I -V: Rs. 7195/-

Class Vi-XII: Rs. 7390/-



For any query or concern, please get in touch with us anytime.

Ajay Chopra: 98110-59450, 99999-70572

Vandana Sharma: 99587-32025, 92131-56266

Vageesha Shanta: 98685-97378

Rahul Chadha: 98188-74945

Rajeev Mahajan: 99997-00489

Bipin Arora: 98109-46808

Showcause Notice Issued to SFS

http://edudel.nic.in/public_circulars.htm

Check the site of directorate of education and download the important circulars regarding fee hike marked in RED.

Delhi Schools are looting all the parents. We must oppose the move of fee hike and not succumb under any pressure. The Schools cannot take us on ransom

What Delhi Education Act Says??

School Fee under Rule 172 to 180
1. No fee, contribution or other charge shall be collected from any student by the trust or society running any recognized school; whether aided or not.
2. Every fee, contribution or other charge collected from any student by a recognized school, whether aided or not, shall be collected in its own name and a proper receipt shall be granted by the school for every collection made by it. [Rule 172]
3. Income derived from collections for specific purposes shall be spent only for such purpose. [Rule 176]
4. Income derived by an unaided recognized school by way of fees shall be utilized, in the first instance, for meeting the pay, allowances and other benefits admissible to the employees of the school:
Provided that savings, if any, from the fees may be utilized for meeting capital or contingent expenditure of the school, or for one or more of the following educational purposes, namely:-
a) award of scholarship to students;
b) establishment of any other recognized school; or
c) assisting any other school or educational institution, not being a college, under the management of the same society or trust by which the first mentioned school is run.
5. Funds collected for specific purposes like sports, co-curricular activities, subscriptions for excursions or subscriptions for magazines and annual charges, shall be spent solely for the exclusive benefit of the students of the concerned school and shall not be included in the savings referred above. [Rule 177]
6. No registration fee of more than twenty five rupees per student prior to admission shall be charged
7. No security/deposit/caution money be taken from the students at the time of admission and if at all it is considered necessary, it should be taken once and not more than Rs. 500/- per student in any case.
8. The caution money received by the school at the time of admission should be returned to the students at the time of leaving the school along with the bank interest. [Section 24(3)]
9. Admission Fee can be charged only at nominal rate but not exceeding Rs. 200/- in any case. Once a student is admitted in a school, he should not be asked to pay admission fee again at any stage. [Section 24(3)]
10. Regarding Computer Fee, it should be ensured that unless it is beneficial to the students in imparting Education based on computer, it should not be made compulsory.
11. All fee and funds can be collected by the school only in its own name against proper receipt.


12. No Annul charges shall be levied unless they are determined by the managing committee to be sufficient to cover all revenue expenditure, not included in the tuition fee and “overheads” and expenses on play-grounds, sports equipment, cultural and other co-curricular activities as distinct from the curricular activities of the school.
13. Earmarked levies shall be charged from the user students only. They will be calculated and collected on no profit no loss basis and spent only for the purpose for which they are being charged.
14. Fine for Late Payment of the fees or contributions due to a school shall be charged from the student at the rate of five paise per day, after the due date. [Rule 166]

Rule 151 regarding Development Fees
1. The managing committee may charge a development fee from the students in order to cover expenses incurred by it in effecting special improvements on which no aid is admissible under these rules.
2. Development fee shall be utilized for one or more of the following purposes namely;
a) appointment of additional or qualified teachers in excess of the number admissible under the rules relating to post fixation or aid;
b) provision for teaching of special subjects approved by the Director for which no aid is permissible under these rules;
c) purchase of any special teaching or audio visual aids and other equipments which are not possessed by the school;
d) provision of special amenities to students, such as additional fans, supply of cool drinking water, material for hobbies, craft and medical aid.
3. Utilisation of Development Fee:- Development Fee shall be utilized exclusively for the purpose for which it is levied and collected and shall, in no circumstances, whatsoever, be used for meeting the managing committee’s share of expenditure on the maintenance of the school. [Rule 153]

Source:
An Exhaustive Guide: Delhi School Education Act & Rules
By H.L Kumar
Courtesy: Summer Fields School, Kailash Colny

Now, private schools under CAG scanner

TNN 31 July 2009, 11:52pm IST
NEW DELHI: If it was tough for you to figure out those hidden charges under the guise of charges for development, building, swimming pool and library in your child's school fee bill, the Comptroller and Auditor General (CAG) will now demystify it for you. On Friday, CAG said it has decided to audit accounts of unaided private schools of Delhi. The parents in Delhi who took to the streets after the recent steep fee hike by schools in the name of Sixth Pay Commission are sure to rejoice over the CAG decision. The powerful private school lobby in the Capital is, however, bound to resist it. This year accounts of only 25 schools will be taken up for review and in the next round more schools will be subjected to the audit which will be cyclical in nature. The audit will look into land use by schools, examine their fee structure and also ascertain if they cater to poor children or not as prescribed by Delhi School Education Act, 1973. The decision, CAG said, has been taken under the provisions of Delhi School Education Act, 1973, and the Delhi High Court order in Delhi Abhibhawak Mahasangh vs Union of India case. Delhi HC had said that "inspection of schools, audit of accounts and compliance with provisions of the Act and rules by private recognised unaided schools could have prevented the present state of affairs. The tution fee cannot be fixed to recover capital expenditure to be incurred on the properties of the society.'' Apart from the HC order, CAG cited provisions of Delhi School Education Act and said the law mandates it to audit accounts. DSEA says the managing committee of every recognised private school shall file audited financial and other returns with the director. The rules under DSEA Act also make it compulsory for schools to maintain accounts of fees and contributions collected by it as per government rules. Another rule says the accounts can be audited by auditors authorised by the director and also by officers authorised by the CAG. Delhi HC had in its order said the question of commercialisation of education and exploitation of parents by individual schools could be authoritatively determined on thorough examination of the accounts and other records of each school.