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PtlN.lAll cov l. (iAl. (l)X ll{A). DECBMiILIt 23. l0l6 l9l
(l'ASLJA I, l9ili SAKi\)
I,ART I
GOVf,RNMf,NT OF PUNJAI]
DEPAKfMI]NI" OIT I,DGAL ANI) LEGISLATIVI.] AIIFAIRS, PUNJAB
NOTIFICATION
'fhe 23r d Decenrber', 2016
(2) lt shall come into tbrce on and rvirh ellbct fiom the date of its
publication in the Ofticial Uazette.
2- In this Act, unless the context otherwise requires,- Definitions.
(a) 'academic year'means a period oftwelve months prescribed
as
. such, and difl'erent acadenr ic years may be prescribed for different
classes of institutions;
(0 'comnercialization or profiteering
or. profit or financial gain, means
an activity ofcharging fee by an Un-aided Educational Institution
liom any student or parcnts or guardians in excess of the f'ee, as
tixed or increased under section 5;
(g) 'l'ee' nreans any arnount by whatever
name it may be called, which
is charyed dirccrly
or. indir.ectly by an Unaided Educational Instihrrion
for admission ol'a student for.education to any slandard ofcourse
ol'Study;
(h) 'Frrnd'rneans the Unaided Educational lnslinttion Development Fund
constituted under section g;
(D 'Government' rneans tlre Government ofthe State ofpunjab
in the
Department of School Education;
3. (l) 'l'here shall be constituted a Regulatory Body to be known as the consrirulion or'
Regulatory llocly tbr t{egulating Fee ol Un-aided Educational Institutions at Rcgulatory Bod)'
llre Divisional Levcl in the State of Punjab to exercise lhe powers conferred
rupon and pelform the liurctions assigned to it uncler this Act.
l)o\\er to li\ irnd 5. An Uuaided Educational Institution shall be competent to fix its fee and it
incrcasc lcc.
nray also increase tlre sarne afier taking into account the need to generate
lrnds to run the instihrtiou and to provide f'acilities necessary for the benefit of
the sludetrls:
1?) l'he Funcl or any prolit accrued ther€li.om shall not be used fior any
personal gai's or brrsiness tu enterprise by the Un-aided IJdttcational
rnstit.tion.
(l) The Fund can be used by the Un-aitled l}lucalional Insfitution lilr the
activities, \vhich are bereficial k) the students.
(4) No anrount $,hatsoever shall be diverted lioru the lrutrd by the Unaided
llducat ioual Institution to the Socicty or the 'fnlst or tny othet.
instit tion, exceDt
runder the nlanagenrent ol'lhe same Society or lllst.
(i)rnplitint. I l. (I ) Any stlrdelr studying in an Unaidecl EdUcational Instttutron or his
parents or grrardians, as the case nray be, nray make
conrplaint to the Regulatory
Body with rcgard to any excessive f'ee or.charge being charged
or lor doing or
asking lo do any other. act ivi( ies rvitlr a motive to gain financial benetit
or nrofit
by the said irrstituliorr.
ll. (l) The Regulatory Body shall nreet at suclr tinre and place as the I'rocedurc lo he
Ibllowed by tlre
Chairpelson may decide.
Regulatory Body.
(2) l'he Regulatory Body shall lbllorv such procedurc of working, as
rnay be prescribed
(3) All orders and decisions ol the llegtrlatory lJody shall be
authenticated by the Mernber- Secretary or any other olTicer, authorized by
hn.
14. (l)lfany Un-aided Educational lnstitution cotrtravenes lhe provisions Penallics.
ofthis Act or the nrles nrade thereunder, it shall be punishable with fine, which
rnay extend to thirly thousand rupees in the case ofan Un-aided Edrtcational
lnstitution ofPrinrary 1-evel, rupees filly thousand in llte case ofan Un-aided
Educational lnstitution of Middle Level, and rupees orle lac in the case ofan
Un-airled Educational Instituliou of Secondary and Senior Secondary Level
lbr each contravention.
(2) lfan Un-aided Educational lnstitution contravenes the provisions
of this Act or the nrles nrade thereunder fbrthe second time, it shall be punishable
rvith tine, rvhich shall lre sixty thousand rupees in tlre case of an Un-aided
llducational lnstitution of I'rimary Level, rupees one lac in tlre case ofan Un-
aided Educational lnstitution ofM iddle level, and rupees two lac in the case of
an Un-aided Educational lnstitution of Secondary and Senior Secondary Level
for each conlravention.
(l)
Ifan Un-aided Educational Institution contravenes the provisions
ofthis Actorthe rules made thereunder for the third time, then besides imposing
penalty as mentioned in sub-section (2), the Regulatory Body shall directthe
concerned autholity to withdlaw recognition or affiliation ofsuch Un-aided
Bdocational Inslitution.
(4) The Regulatory Body may direct the Un-Aided Educational
lustitutiorr to refund the fee in excess ofthe fee as displayed by such institution.
| 5.Any person or Un-aided Educational Institution aggrieved by any direction App€al.
or order passed under this Act, may file an appeal to the Governm€nt within a
period of folty five days fronr the date of passing of such order or direction.
16. No civil court shall have jurisdiction to settle, decide or deal wilh any Ilar of
lurisdiction of
q estion or to detemrine any matter, which is by or under this Act is required to civilcourts.
be settled, decided or determined by the Regulatory Body.
PUNJAll (;OV l. (lAZ. (l:X fltA), l)[Cl]Mt]lil{ l-}. :016 t98
(t,Asr.JA l, l9l tl sAKA)
l'Rrtcction ol- 17. No suit, prosccution or olher legal proceedirlgs shall lie against the
irclionJ hlen irl
Chairperson or any nrenrber of'the llegulatory Bodl' or any olllcer or other
goo(llilirh.
enrplol'ee or arty pet'son acting undel the direction either of llle Govelnnlent or
olthe llegulatory Bod1. in respect ol'anything, u'hich is in good thith done or'
intended lo be done in pursuance ol'the pr-ovisions ol'this Act ()r lhe rtlles or
orders nrade ther eunder.
l1l\te[ to renr()vc 21. Il'any dilliculty alises irr giving effect to lhe provisions ofthis Act, the
(iillict|ltics.
Governlnent lral', hy an order in writing, tnake sttch provision incllding any
adaptation or nrodilication ofany provision oflhis Act, as appears to it, to be
recessar] or expedient fbr the purpose of rerroving tlre di{IicLrlty.
l)(n!cr t(' ass(c 22. 'Ihe Governnlent may, tiom tinre to titne, issue sttch directions to the
dircctaons.
llegulatoly lJody, as it lnay deem lit, for giving efl'ect to the provisions ofthis
Act and it shall be the duty ofthe llegulatory l)ody kr cornply with such
dilectiorrs.
2i. 'l he Government may, by rlotificatiott in the Oflicial Gazette, make
l\)rvcr lo nrnkc (| )
rulcs.
rules for carrying out the provisions ofthis Act.
(2) Every rule nrarle under this Act shall be laid as soon as may be, after
it is made, before the House ofthe State Legislature rvhile it is in session for a
total perioci often days, which may be comprised itl one session or in two or
more suocessive sessions and if, beltrre the expiry ofthe session in which it is
so laid or lhe successive sessions as aforesaid, tlle House agrees in rnaking
any modification in the rrrle or the Hotlse agrees that the rule should not be
PUNJAB (lOV'r'. GAZ. (EX'l'nA), DECEMBIjIt 23,2016 l9q
(IASUA 2, I938 SAKA)
ntade, the iule slrall lhereafter, have elTect only in such nrodifletl from or be of
no efl'ect, as the case may be; so horvever that any sttch modification or'
annrtlment shall be withorrt PrejLrclice to tlre validity ofanything previously done
or onlitted to be done under that rule.
, vIvEK PUllI.
Secretary to Govertrmenl of Punjab,
Deparlment of Legal and Legislative AtTairs.
-"-l'
( ll66/12-20t6/l'b. Govr. Press, ^S..4.S. Mr.gar'