Chapter III PENALTIES

Penalties.—The violations of the provisions of this Act or the rules made there-under, shall attract the following penalties and consequences:-

1. (1) Where a school is found to be levying a fee not determined in accordance with the provisions of this Act and rules framed there-under, the Director of Education shall direct the school to roll back such fees with

immediate effect and to refund the excess fee to the students within a period of 20 working days or

earlier.

1. (2) In addition to the order for roll back of fees and refund, the school shall be imposed: -
   • (a) for the first violation, a penalty which shall not be less than one lakh rupees but which may extend to five lakh rupees;
   • (b) for the second or subsequent violation, a penalty which shall not be less than two lakh rupees but which may extend to ten lakh rupees. Provided that where the school fails to comply with the directions for roll back of fees and refund within twenty days as specified under sub-section (1), the school shall be liable to pay double the amount of fine imposed under sub-section (2), which amount shall become triple if non- compliance extends for forty days, quadruple if non-compliance extends for sixty days and so on.
2. (3) In case of repeated violations of the provisions of this Act or the rules made there under by the Management of a school, and until all such violations have been appropriately addressed and satisfactorily resolved, the Director of Education may, in addition to the aforesaid penalties: -
   • (a) by order, debar the person in charge and responsible for the conduct of the affairs of the school from holding any official post in either the management or the school, as the case may be;
   • (b) by order restrict the right of such Management to propose fee increase for subsequent years;
   • (c) order the suspension of recognition of such school;
   • (d) order the withdrawal of recognition of such school;
   • (e) order the taking over of the management of such school.
3. (4) No order of imposition of penalty shall be passed by the Director of Education without giving the

Prohibition of Fee recovery through coercive means Prohibition of Fee recovery through coercive means.—

1. (1) No school shall harass or coerce any student for non- payment or delayed payment of fees by means of but not limited to:-
   • (a) Striking down the name of the student from the rolls for non-payment of fees not determined as per the provisions of this Act;
   • (b) Withholding examination results;
   • (c) Denying access to education, classes, or activities etc;
   • (d) Public humiliation or psychological harassment.
2. (2) Any violation of above provisions shall attract penalty from the Director of Education on the Management of Rs. 50,000/- per violation against every student.

Modes of recovery of fine, etc Modes of recovery of fine, etc.— For the purpose of enforcement of penalties imposed under this Act, the Director of Education shall have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), as if the penalties were a decree for the payment of money passed by such court in a civil suit, including the following: -

1. (a) attachment and sale of the movable or immovable property of the School Management;
2. (b) taking possession of property over which security interest is created or any other property of the school management and appointing receiver for such property and to sell the same;
3. (c) appointing a receiver for the management of the movable or immovable properties of the School Management;
4. (d) any other mode of recovery as may be prescribed by the Government.