 bill no 13 of 2010 the private schools (regulation) bill, 2010 byshri bhausaheb rajaram wakchaure, mpa billto regulate the functioning of private schools and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:—1(1) this act may be called the private schools (regulation) act, 2010(2)  it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appointed day" means the date of commencement of this act; (b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(c) "authority" means the private schools education authority constituted by the appropriate government under section 3;(d) "prescribed" means prescribed by rules made under this act; and10(e) "private school" means an unaided school, whether recognized or not, which is not run by the appropriate government, or its local authority or any other authority designated or sponsored by appropriate government and includes a pre-primary, primary, middle, higher secondary and senior secondary school and also other institutions which impart education or training below the degree level but does not include an institute which imparts technical education15constitution of education authority3 (1) with effect from the appointed day, the appropriate government shall, by notification in the official gazette, constitute an authority to be known as the private schools education authority to regulate within its territorial jurisdiction, the functioning of private schools and conditions of service of teachers working in such schools(2)  the authority shall consist of,—(a) a chairman to be appointed by the appropriate government; and20(b) a maximum of twelve members to be appointed by the appropriate government:provided that the number of members shall, in no case, be less than six(3) the chairman and other members referred to in sub-section (2) shall be chosen from amongst the persons who have special knowledge and at least twenty years of experience in the field of education25(4) the term of office and conditions of service of the chairman and the other members shall be such as may be prescribed(5) the appropriate government shall appoint such number of officers and staff to assist the authority, as it considers necessary for its efficient functioningfunctions of the authority4 (1) it shall be the duty of every authority to regulate the functioning of private schools and conditions of service of teachers, under its jurisdiction30(2) without prejudice to the generality of the provisions contained in sub-section (1), the authority may,—(a) fix the student-teacher ratio for each standard;35(b) put a ceiling on the tuition fee and other charges, including payments in the form of sports fee, computer fee or any other fee of similar nature, which is charged by a private school for a particular class;(c) fix the hours of duty for teachers; (d) monitor the funds collected by the schools; and (e) perform such other functions as may be prescribed40power to make regulations5  (1) the authority, with the previous approval of the appropriate government, may make regulations consistent with this act for regulating the minimum qualifications for recruitment, and the conditions of service of teachers of the private schools45 (2) subject to any regulation that may be made in this behalf, no teacher of a private school shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with the prior approval of the authority6 the salary, allowances, medical facilities, pension, gratuity, provident fund and other benefits of the teachers of private schools shall not be less than those of the teachers of the corresponding status in schools run by the appropriate governmentsalary, allowances and other benefits to teachers fee and other charges7 no private school shall charge a tuition fee or collect other charges or receive payments, in excess of the amounts specified by the authority:5provided that every private school shall obtain prior approval of the authority for charging tuition fee or collecting other charges or receiving payments, exceeding the amounts specified by the authorityclosing down of school108 if the appropriate government, on receipt of a report from the authority, is satisfied that the managing committee of any private school has neglected to perform any of the duties imposed on it by or under this act or any rules or regulations made thereunder and that it is expedient  in the interest of school education to close down such school, it may, after giving reasonable opportunity of showing cause against the proposed action, order closing down of such school for such period as it may consider appropriate:15provided that if the school is a recognized private school, the appropriate governmentmay also withdraw its recognition9 the provisions of this act shall be in addition to and not in derogation of any other law or rules made thereunder for the time being in forceact not in derogation of other laws20power to remove difficulties10 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty:provided that no order shall be made under this sub-section after the expiry of two years from the appointed day25(2) every order made under this section shall be laid, as soon as may be after it is made,before each house of parliamentpower to make rules11 (1) the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of this act3035(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, 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 sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter 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 under that rule(3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonsnowadays running an unaided private school has become a business there are a number of unaided private schools throughout the country being run by a handful of persons the main aim of these persons is to earn money rather than to impart good education these schools are charging hefty tuition fee besides other charges in the name of donations, building funds, computer fee, etc these schools after availing the necessary tax concessions are not investing the funds collected by them for the development of the schools the teachers in these schools are underpaid and are also not given service benefits like medical facilities, provident fund, etc there are cases of arbitrary retrenchment and suspension of teachers the management works in connivance with officials of education department the women teachers are subjected to various kinds of harassmentthus, education is not safe in the hands of such unscrupulous persons overcharging of fee on one hand and underpayment to teachers on the other hand is the modus operandi of these people the tax laws are violated with impunitytherefore, it has become necessary to set up adequate mechanism to monitor, regulate and control the thriving education business not only to ensure that children get good quality education, but also to protect the parents from exploitationhence this billnew delhi;bhausaheb rajaram wakchauredecember 14, 2009 financial memorandumclause 3 of the bill provides that the appropriate government shall, within its territorial jurisdiction, establish private schools education authority to regulate the functioning of the unaided private schools the expenditure relating to states shall be borne out of the consolidated funds of the respective states however, the expenditure in respect of union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted, is likely to involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one crore will be involved as recurring expenditure per annum from the consolidated fund of indianon-recurring expenditure to the tune of rupees twelve lakh is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the authority to make regulations for regulating the minimum qualifications for recruitment and conditions of service of teachers of private schools clause 11 empowers the appropriate government to make rules for carrying out the purposes of the bill the matters in respect of which rules and regulations may be made are matters of administrative details and procedure and, as such, the delegation of legislative powers is of a normal character————— a billto regulate the functioning of private schools and for matters connected therewith or incidental thereto—————(shri bhausaheb rajaram wakchaure, mp)gmgipmrnd—220ls(s5)—24-02-2010