The Jharkhand Coaching Centre (Control and Regulation) Act, 2025

An Act to provide for the registration, control, regulation and determination of minimum standards for Coaching Centres, to take care of interests of students, provide them career guidance and psychological counseling for mental well-being, to take appropriate measures to provide security and reduce stress among students enrolled in the Coaching Centres, and to provide better academic support and holistic development of students in preparation of different competitive examinations and admission into specialized institutions etc. and for matters connected therewith or incidental thereto. Be it enacted by the Jharkhand State Legislature in the Seventy-Sixth Year of the Republic of India, as follows:

1. Short Title, Extent and Commencement (1) This Act shall be called the Jharkhand Coaching Centre (Control and Regulation) Act, 2025. (2) It shall extend to whole of the State of Jharkhand. (3) It shall come into force from the date of its publication in the Official Gazette.

2. Definitions In this Act, unless the context otherwise requires, - (a) “Authority” means Jharkhand State Coaching Centre Regulatory Authority to be notified by the State Government under section 3 of this Act; (b) “Board” means an education Board approved and authorised by the State Government or Government of India to conduct and issue certifications for secondary or higher secondary level examinations; (c) “Coaching” means tuition, instructions or guidance in any branch of learning imparted to more than 50 students in physical or online or hybrid mode but does not include counselling, sports, dance, theatre and other creative activities; (d) “Coaching Centre” means a Centre, established, run, or administered by any person to provide Coaching for any study program or competitive examinations or academic support at school, college, and university level, to more than 50 students; (e) “Committee” means the District Level Coaching Centre Regulatory Committee constituted under Section 9 of this Act; (f) “Constituent College” means a college established, maintained and administered by the State University; (g) “Department of Higher and Technical Education” means the Department of Higher and Technical Education, Government of Jharkhand or by whatsoever name it may be called; (h) “Franchise Agreement" means a legally binding contract between two persons signed for the purpose of lending the legal name of one person to another person for the purpose of conducting Coaching in the State of Jharkhand and mentioning details including but not limited to franchisee fees or royalties, term, split of expenses and revenue, grounds for termination and liability; (i) “Institution” means a School, College or University or any other educational institution recognized, or affiliated to a Board, or controlled or recognized by State Government or Government of India; or established by an Act of the State Government or Government of India; (j) “Inquiry Committee” means the Committee constituted under Section 13 or Section 26 of this Act; (k) “Person” means an individual and includes a group of individuals or a body corporate, or a trust registered under the Indian Trusts Act 1882 or Society registered under Society Registration Act 1860 or a Limited Liability Partnership established under Limited Liability Partnership Act, 2008 or a Company registered under Company Act, 2013; (l) “Prescribed” means as may be prescribed by the Rules made under this Act; (m) “Program Management Cell” means a dedicated Cell established at the District level by the District Level Coaching Centre Regulatory Committee under Section 9 of this Act; (n) “Rehabilitation Council of India” means the statutory Council established under the Rehabilitation Council of India Act, 1992 for regulating the training of rehabilitation professionals and the maintenance of a Central Rehabilitation Register; (o) “State Government” means the State Government of Jharkhand; (p) “State University” means a University established, managed and maintained by the State Government; (q) “Tutor” means who guides or trains or provides Coaching to students in any Coaching Centre either on full time employment basis or on part-time engagement basis; (r) “University” means a University established or incorporated by or under an Act of Parliament, or a State Act, is recognized by the UGC in accordance with the regulations made in this behalf under University Grants Commission Act, 1956; and (s) “Web Portal” means an online portal developed and maintained by the Department of Higher and Technical Education for registration of students, teachers, mental health counsellors and Coaching Centres; end-to-end management of applications; and other operationalization of other provisions under this Act or Rules made or Orders issued thereunder.

3. Jharkhand State Coaching Centre Regulatory Authority (1) With effect from such date as the State Government may, by notification in the Official Gazette, constitute in this regard a State Level Authority to be called the Jharkhand State Coaching Centre Regulatory Authority, for the purposes of this Act. (2) The Authority shall be a body incorporated by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. (3) The Authority shall consist of the following members, namely: - (a) Retired Judicial Officer not below the rank of Principal District Judge - Chairperson; (b) Retired Officer not below the rank of Joint Secretary to the State Government having prior experience in handling administrative matters–Vice Chairperson-cum-Member; and (c) Retired Officer not below the rank of Joint Secretary to the State Government having prior experience in Consumer Affairs and Grievance Redressal – Member. (4) There shall be a Secretary to the Authority who shall be an Officer not below the rank of Under Secretary to the State Government, appointed by the State Government. (5) The quorum for the meetings of the Authority shall be set at 02 (two) members with mandatory presence of the Chairperson: Provided that, in absence of the Chairperson, Vice Chairperson shall preside over the meeting and shall perform all the duties with the powers as vested upon the Chairperson. (6) The Authority shall ordinarily convene a minimum of 01 (one) meeting every month or as decided by the Chairperson. The Chairperson may invitee other subject matter experts as special invitees to the meetings of the Authority. (7) The Department of Higher and Technical Education, Government of Jharkhand shall provide secretarial support to the Authority.

4. Selection and Appointment of Chairperson and Members of the Authority (1) All the members of the Authority including the Chairperson shall be appointed by the Department of Higher and Technical Education by a notification in the Official Gazette in the manner as may be prescribed. (2) The process for appointment of all the Members of the Authority including the Chairperson, shall invariably begin at least six months before the probable date of occurrence of the vacancy of the post and the process of appointment shall be completed invariably at least one month before the probable date of occurrence of the vacancy of the post: Provided that the 1st Chairperson and Members of the Authority shall be appointed within 06 months of the enactment of this Act. (3) It shall be the responsibility of the Secretary of the Authority to ensure that the post of Chairperson or any member is not left vacant.

5. Term of Office and Conditions of Service of Chairperson and Members of the Authority (1) The Chairperson and Members of the Authority shall hold the office for a term of five years from the date of appointment or till they attain the age of Seventy years, whichever is earlier. (2) No individual shall be appointed to the post of Chairperson or Member for more than one term in the same post. (3) The pay, allowances, and any other service conditions of the Chairperson and Members shall be as prescribed by the Rules.

6. Resignation and Removal of Chairperson and Members of the Authority (1) The Chairperson or Members of the Authority may, by a request letter in writing and addressed to the Department of Higher and Technical Education, in the manner as may be prescribed by the Rules, resign from the office, which shall come in force on being accepted by the Department of Higher and Technical Education: Provided that, if the acceptance or rejection of resignation is not communicated within fifteen days from the date of its receipt by the Department of Higher and Technical Education, the resignation shall be deemed to have been accepted. (2) The Department of Higher and Technical Education may, by order, remove from Office, the Chairperson or any Member, if he: - (a) has been adjudged as an insolvent by a Court of Law; or (b) engages in any paid employment during his or her term of office; or (c) in the opinion of the Department of Higher and Technical Education, is unfit to continue to the office due to mental or physical incapacity, or indulging in any act of omission or commission detrimental to the interest of the State Government; or (d) in the opinion of the Department of Higher and Technical Education, is not functioning in the best interest of State Government or not performing the duties as assigned under the provisions of the Act or the Rules made thereunder; or (e) is unable to perform administrative duties to the satisfaction of the Department of Higher and Technical Education; or (3) Further, the Chairperson and Members of the Authority are liable for removal on ground of misconduct or violation of the provisions of the Act or Rules made thereunder. (4) The Chairperson and Members of the Authority shall be removed from Office, as per the provisions mentioned in sub-section (2) only after an enquiry is made and opportunity has been given to make representation, by the procedure as may be prescribed in Rules.

7. Powers and functions of the Authority (1) The Authority shall entertain an appeal referred to it, under relevant and applicable sections of this Act, against the order of the Committee within 30 (Thirty) days of issuance of any such order. (2) The Authority may entertain an appeal after the expiry of the said period of 30 (Thirty) days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) The Authority shall dispose-off the appeal within 120 (One Hundred and Twenty) days of its receipt after providing the appellant with an opportunity of being heard. (4) In case the appeal is not disposed-off by the Authority within 120 (One Hundred and Twenty) days, then the original order passed by the Committee shall stand valid. (5) The Authority shall oversee the development of an Online Web-Portal meant for complete monitoring of the Coaching Centres and other allied activities such as registration of students, Coaching Centres and its staffs, grievance redressal system, disclosure of information by the Coaching Centres, etc. (6) The Authority shall monitor the performance of Committee(s) as it may deem necessary and give directions to the Committee(s) concerned for ensuring compliance of provisions of this Act or Rules made, or Orders issued thereunder. (7) The Authority shall ensure that the grievances of Parents, Students and tutors of the Coaching Centres are redressed in a time-bound manner by the Committee. (8) The Authority upon receipt of any complaint, cause an enquiry and call any records of a Coaching Centre. The owner or person-in-charge of the Coaching Centre shall produce before the Authority such records as required by the Authority or a Competent Officer appointed by the Authority during the enquiry. (9) The Authority shall have the power to call for any information from the Committee for specific purposes and objectives as may be prescribed. (10) The Authority shall have the power to conduct the audit of the accounts of the Coaching Centre receiving grants or aid from the State Government, at regular intervals by the auditors appointed by the State Government. (11) The Authority shall have the power to blacklist the person on recommendation of the Committee in the manner as prescribed by the Rules. (12) The Authority shall have all such powers and perform such other functions as may be prescribed by the Rules.

8. Procedure of the Authority (1) The Authority, for the purposes of hearing and disposal of appeals, shall exercise the powers of an Appellate Court as provided under the Code of Civil Procedure, 1908 (5 of 1908), and shall be competent to— (a) stay the operation of any order against which an appeal has been referred, on such conditions as it may deem fit; and (b) exercise such other powers as may be conferred upon it under this Act or the Rules made thereunder. (2) Every appeal preferred before the Authority shall be accompanied by a non- refundable fee, as may be prescribed by the Rules. (3) Notwithstanding anything contained in any law for the time being in force or any agreement or contract to the contrary, the decision of the Authority on an appeal preferred and disposed of by it under this Act shall be final and binding on all parties concerned. (4) Where any Coaching Centre, without any reasonable cause, fails to comply with any direction or order issued by the Authority within the period specified therein, such Coaching Centre shall be deemed to be in violation of the provisions of this Act and shall be liable to penalties as provided under Section 26 of this Act.

9. District Coaching Centre Regulatory Committee (1) With effect from such date as may be notified by the State Government in the Official Gazette, there shall be constituted in every District of the State, a Committee to be known as the District Coaching Centre Regulatory Committee, for the purposes of this Act. (2) The Committee shall consist of the following members, namely: - (a) Deputy Commissioner – Chairperson; (b) Senior Superintendent of Police or Superintendent of Police – Member; (c) Principal of any Constituent College in the District nominated by the Vice Chancellor of the concerned State University for a period of three years – Member; (d) District Employment Officer – Member; and (e) District Education Officer – Member Secretary. (3) The nominated member of the Committee may be removed, if he does any act, not in conformity with the provisions of the Act or Rules made thereunder, as may be determined by the Chairperson: Provided that, no nominated member shall be removed from the Committee without giving him an opportunity of being heard. (4) The Chairperson, if required, may invite other Officers or District Level functionaries as special invitees to the meetings of Committee. (5) The Committee shall constitute a Program Management Cell, headed by a Program Manager and experts in Law or Finance or Information Technology, etc., and it shall assist the Committee in initial screening of the applications and provide its recommendations on their acceptance or rejection to the Committee. (6) The composition, eligibility criteria, mode of engagement or selection, conditions of service and pay and allowance of the members of Program Management Cell shall be as prescribed by the Rules. (7) The Committee shall hold meetings regularly, as required, by the Chairperson. (8) The quorum for meeting of the Committee shall be set at one-half of total members with the mandatory presence of the Chairperson and the Member Secretary.

10. Powers and duties of the District Coaching Centre Regulatory Committee (1) The Committee shall have the following powers and duties, namely: - (a) ensure all Coaching Centres registered under its jurisdiction, comply with provisions of this Act and Rules made thereunder; (b) grant or reject the application for registration or establishment of Coaching Centre of any person within the District; (c) seek information or report or verification from, issue directions, or authorize District level officers or functionaries, on any matter relating to operationalization of the provisions of the Act or Rules made or Order issued thereunder; (d) mandate the installation of helpline and constitution of Grievance Redressal Cell at district or block level for effective resolution of Grievances of person, tutors, students and parents; (e) maintain records, in physical and digital form, for all the registered Coaching Centres within the District and any grievances or violations committed by them under this Act; (f) impose penalties on the Coaching Centre and liquidate Performance Bank Guarantee submitted by the person in case of violations under the provisions of this Act or Rules made or Orders issued thereunder; (g) establish the Program Management Cell and oversee its operations in a timely manner by procurement of technological, infrastructural and manpower facilities or resources, as may be required; (h) control the malpractices related by Coaching Centres, including, but not limited to, bogus advertising, false claims, lucrative offers, sure selection etc.; (i) inquire into and dispose of complaints made by the students or parents or the Coaching Centre by issuance of suitable directions, in conformity with the provisions of this Act; (j) ensure that regular police patrolling is carried out in the areas with hostels or any other form of accommodation hosting students; (k) maintain a separate Bank Account in any Schedule Commercial Bank permitted by the State Government to hold funds, for the amount received from registration fees, penalty fees or any other source (except Grants from the State Government) as permitted by the State Government under this Act or Rules made thereunder, or by orders issued in this regard; and perform such other duties as may be prescribed by the Rules. (2) The Committee shall have such other powers and perform such other duties as may be prescribed by the Rules.

11. Procedure of the Committee (1) The Committee shall, for the purposes of any inquiry or proceedings under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 in respect to the following matters:- (a) summoning and enforcing the attendance of any person and examining him / her on oath; (b) requiring the discovery and production of any document or other material object producible as evidence; (c) receiving evidence on affidavits; (d) requisitioning of public records; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; and (g) any other matters as may be prescribed. (2) The Committee as deems fit, may pass such interim order in any proceeding, hearing or matter, as may be appropriate. (3) The Committee may authorize any individual, as it deems fit, to represent the interest of students in the proceedings before it. (4) All disputes under this Act shall be decided expeditiously by following the principles of natural justice.

12. Funds, Finance, and Audit of the Authority and Committee (1) The State Government may provide grants to the Authority and Committee during each financial year, as it considers necessary for operations of the Authority and the Committee. (2) The Authority and the Committee shall have separate Personal Deposit (PD) Account in the Government Treasury to hold grants from the State Government, under this Act. (3) Further, there shall be dedicated Bank Account of the Authority and the Committee respectively, in any Scheduled Commercial Bank permitted by the State Government to hold funds in which all its income from application fees, fines, and funds received from any other sources that the State Government may approve from time to time shall be credited. (4) The expenditure of the Authority and the Committee shall be incurred from the PD Account and Bank Account maintained by them respectively, in accordance with the rules or procedure laid down by the State Government from time to time. (5) Any Officer of the Authority or the Committee who incurs an expenditure in violation of the rules or procedure provided in sub-section (4) or orders of the State Government in this regard, shall be held personally liable for such violation. (6) The Authority and the Committee shall prepare, in such form and at such time, each year as may be prescribed, a budget in respect of the ensuing financial year, showing the estimated receipts and expenditure and forward to the State Government for necessary approval. (7) The Chairperson of the Authority and the Committee shall be the Controlling Officer with regards to himself and all other officers of the Authority and the Committee, respectively, and shall exercise all such financial powers as are ordinarily vested in the Head of Department in addition to the Chairperson of the Authority or the Committee. (8) The Secretary of the Authority and Member Secretary of the Committee shall be the drawing and disbursing officer and exercise all such powers as may be vested in the Head of Office in addition to the powers delegated by the Authority or the Committee. (9) The Authority and the Committee shall maintain proper records of accounts which shall be duly audited internally by Comptroller and Auditor General (CAG) empanelled Chartered Accountant Firm, in the manner as may be prescribed by the State Government and shall submit such accounts before the State Government. (10) The Authority and the Committee as soon as possible after closing of its annual accounts, prepare a statement of accounts in such form and forward it to the Accountant General by such date as the State Government may notify for audit under Section 14 of the Comptroller and Auditor General (Duties, Powers and Conditions of Service Act), 1971. (11) The State Government shall provide for the conduct of the test audit or full audit of accounts of the Authority and the Committee(s) at regular intervals by an auditor appointed by the Principal Accountant General (Audit), Jharkhand or auditors appointed by the Audit Directorate, Finance Department of Jharkhand as may be prescribed by the Rules. (12) The annual accounts of the Authority and the Committee together with the audit report thereon shall be forwarded to the State Government. (13) It shall be the responsibility of the Authority to annually present a report on the work done by the Authority and the Committee, to the State Government within 31st August of every year.

13. Registration and Establishment of Coaching Centre (1) Any person operating a Coaching Centre in the State of Jharkhand, prior to the commencement of this Act, shall apply for registration through Web Portal within 06 (six) months from the enactment of this Act or such extended time as may be provided by the State Government, in such form and manner as may be prescribed by the Rules: Provided that, in case any person operating a Coaching Centre does not apply within the said period or time as mentioned above, it shall be declared to be in violation of this Act and penalized as per provisions of this Act or Rules made, or Orders issued thereunder. (2) All such applications submitted to the Committee as mentioned in sub- section (1) shall be decided on by the Committee within a period of 90 (Ninety) days from its submission: Provided that, in case the application is rejected and stands rejected after appeal to the Authority, then the Coaching Centre shall wind-off within 6 (six) months of rejection of its appeal by the Authority, and no new admission/ enrollment shall be allowed for such Coaching Centres. (3) Any person who desires to impart Coaching or establish or operate a Coaching Centre shall apply for registration to the respective Committee through the Web Portal with a non-refundable application fee as determined by the Authority. (4) In case a person operating the Coaching Centre has multiple campuses or branches within or outside the District, each of such campuses or branches shall be treated as separate Coaching Centre and it shall be necessary to submit a separate application for registration of each branch or campus in their respective District. (5) In case a person is operating or applying to operate a Coaching Centre through a franchise agreement, the application for registration must be made by the franchisor on behalf of the franchisee and it shall be the joint responsibility of the franchisor and franchisee to ensure complete and absolute compliance with the provisions of this Act, Rules made, or Orders issued thereunder. (6) Each application for establishment or Registration of a Coaching Centre shall contain information about the following aspects, namely: - (a) Infrastructure: - (i) the place of operation of the Coaching Centre with geotagged coordinates; (ii) complete and encumbrance free ownership or leasehold of the basic structure applying to be the place of operation for the Coaching Centre; Occupancy Certificate issued by the appropriate authority indicating the utilization of the place of operation for commercial purposes only, if applicable; (iii) allocation of minimum one square meter built-up area of the classroom for each student enrolled in the Coaching Centre for batches to be conducted concurrently, and shall have or has sufficient supporting infrastructure in proportion to the number of students enrolled; (iv) adherence of the place of operation to the applicable provisions of National Building Code, 2016 for educational institutions; Jharkhand Building Bylaws, 2016; and Rights of Persons with Disabilities Act, 2016 or other standards and obtain or has obtained a Fire and Building Safety Certificate from the appropriate statutory or regulatory authority; (v) first aid kit and medical assistance, doctors for emergency services and display or has displayed details of all emergency services and women helpline at all prominent places in the place of operation; (vi) fully electrified, well ventilated, place of operation with sufficient lighting arrangements in each classroom; (vii) facility of safe and potable drinking water for all students and staffs of the Coaching Centre; (viii) suitable fitment of CCTV cameras and deployment of security personnel, as required; (ix) arrangements for Child Care facilities and facilities required for pregnant women or women with children below the age of 5 years, as required; (x) complaint box for the students and appropriate mechanism for timely resolution of any complaints or grievances; (xi) provision of separate toilets for male and female students within the Coaching Centre building premises; (xii) facility for parking of vehicles in proportionate to the enrolment of the Coaching Centre; (xiii) Infrastructure Utilisation Policy for deployment of adequate number of benches, chairs, smart boards, projector systems etc. to be utilised for conduction of Coaching Classes; and (xiv) any other conditionalities that may be prescribed by the Rules made, or Orders issued thereunder. (b) Course, Curriculum, Assessment and Fees: - (i) list of the courses, its curriculum along with detailed lesson plan and provisions for formative or summative assessment; (ii) indicative batch wise timetable for each course along with start date, end date and suitable breaks provided between each class; (iii) time of operation of the Coaching Centre within the maximum allowed time duration of 06:00 AM to 09:00 PM; (iv) the number of batches, batches to be held concurrently and maximum number of students to be enrolled in any batch, in any course; (v) disclose actual statistical information of students including total number of registered students, selected students and percentage of selection; (vi) special provisions made voluntarily to encourage greater representation of students from Schedule Tribes, Schedule Castes, Divyangjan, Economically Weaker Section; (vii) arrangements for separate duration of classes for students currently enrolled in any School or Educational Institution; (viii) tutors to be engaged for each course with their minimum educational qualifications and experience; (ix) prepare policy for tutor-student ratio and maintain the number of tutors as per the policy; (x) mechanism to apprise students about the difficulty of exams, syllabus, level of intensity of preparation and efforts required from the student before enrolling into the curriculum; (xi) regular parent-teacher meetings to showcase the progress made by the student and discuss any issues that may be affecting the education of the student; (xii) arrangements of remedial or support classes for students who require additional support in their academics; (xiii) the fees to be charged for the courses and their mode of collection, accounting and auditing; (xiv) mechanism for assessment of student in Online, Offline, or Hybrid mode and the safe storage of such assessments up to reasonable time after the completion of the course; (xv) details of computerized recording of daily attendance of every enrolled student; (xvi) easy exit policy, fee refund policy, and policy for transfer of candidature between Coaching Centres, if applicable; (xvii) copy of the statement of accounts for the last three (03) financial years audited by a Chartered Accountant; and (xviii) Any other conditionalities may be prescribed by the Rules made, or Orders issued thereunder. (c) Other facilities, such as: - (i) sufficient number of benches and desks for conduction of Coaching class proportionate to the number of students enrolled, as per the infrastructure policy of the Coaching Centre; (ii) sufficient weekly off-time without any lectures or assessments or tutorials or tests; (iii) mechanism for providing anonymous feedback for tutors and on the facilities available to the students; (iv) for Coaching Centres operating in Municipal Corporation, Municipality, Notified Area Councils, or any Urban Local Body Areas: - a. possession of a Valid Trade License issued by the Competent Authority under the Jharkhand Municipal Trade License Regulation, 2017 as amended from time to time, b. information about timely and complete payment of municipal property tax for the place of operation and adherence to the provisions mandated under Jharkhand Municipal Tax Payment (Time, Process and Recovery) Act, 2017; and (v) Any other conditionalities may be prescribed by the Rules made, or Orders issued thereunder. (7) The application for registration or establishment of a Coaching Centre shall be accompanied by an undertaking stating that, it shall: - (a) use only the word “registered Coaching Centre” and shall not use the words “recognized” or “approved” on any sign board or any prospectus or correspondence or communication of whatever nature or at any place; (b) clearly mention the CCR-ID and name of the Coaching Centre outside the place of operation, all academic and non-academic materials, advertisements, publicity related items or any other item utilised for the purpose of Coaching; (c) not conduct Coaching classes for those students who are also studying in institutions / schools during their institutions/ schools' hours; (d) provide the necessary information regarding the qualification of the tutors, timetable of the Coaching class, the fee charged and general information, as specified, regarding the Coaching Centre on their website and / or notice board at prominent places in the premises of the Coaching Centre; (e) Employ tutors having the minimum qualifications of Graduation, and who has not been convicted for any offence by a Court of Law and that any such conviction shall be immediately intimated to the Committee(s); (f) strictly abide by the condition regarding the specified number of students to be admitted in the Coaching Centre; (g) abide by its human resource policy which inconsistent with the Labour Law(s)/Code(s) mandated by the Central Government and State Government consisting of the provisions including but not limited to Service Conditions, pay, mode of engagement, social security benefits provided, provident fund, insurance, gratuity, working hours of the tutors and other employees; (h) engage at least one (1) certified mental health counsellors for every 1000 students enrolled in the Coaching Centre with free counselling sessions available for at least 200 calendar days; (i) provide a detailed progress report of the student’s learning and performance on a monthly basis to the students and their parents; (j) have a website with updated numbers. and details of the qualification of tutors, courses/curriculum, duration of completion, hostel facilities (if any), and the fees being charged, easy exit policy, fee refund policy, number of students undertaken Coaching from the Centre and number of students finally succeeded in getting admission in Higher Education Institutions etc.; (k) allow admission of students under subsidized or free schemes of the State Government; (l) disclose or inform the Committee about the possibility of any activity which may be against the interest of the State Government; and (m) abide by the other terms and conditions of this Act. (8) Further, the Coaching Centre shall also submit an Undertaking, with the application to not: - (a) engage tutors having qualifications less than graduation; (b) enroll students below 16 years of age or not having passed secondary school examination (matriculation) without the explicit written informed consent of his/her parents or guardian; (c) make misleading promises or guarantee of rank or good marks to parents/students for enrolling them in the Coaching Centre; (d) makes false claims regarding course(s) offered, duration of completion, credential of faculty, fee, course exit policy including fee-refund, regarding number of selections, rank in exam or success rate, guaranteed selection, job security, job promotions, salary increase, success at different stages of an examination, admission to any institution or lead the student to believe that enrolment in Coaching will ensure a good rank and high marks; (e) create a false sense of urgency including falsely stating or implying the sense of urgency or scarcity showing false popularity of goods or services so as to mislead a student into making an immediate purchase or require taking immediate action; (f) engage in any other unfair trade practice or misleading advertisement; (g) segregate or create special classes for students admitted through subsidized or free Coaching Schemes to be notified by the State Government; (h) engage or instigate or promote or facilitate or allow engagement of any tutor or employees of the Coaching Centre in any action or activity against the interest of the State Government; (i) facilitate or post or reshare or follow any post or information made against the State Government on any digital intermediary or platform as defined in the Information Technology Act, 2000; (j) publish or cause to be published or take part in the publication of any misleading advertisement relating to any claim, directly or indirectly, of quality of Coaching or the facilities offered therein, or the result procured by such Coaching Centre or the student who attended such class; and (k) carry out any actions or activities as may be mandated by the Act or Rules made, or Orders issued thereunder. (9) The application for registration or establishment of Coaching Centre shall be submitted after including the necessary information, undertakings in the manner and form as may be prescribed and shall be accompanied with non-refundable application fees as may be determined and notified by the State Government in the Official Gazette. (10) The Committee shall on receipt of the application, scrutinize it and if found satisfactory shall issue the Letter of Intent to the person within 90 (Ninety) days of receipt of its application: Provided that, if the application, in the opinion of the Committee, is not found to be satisfactory, then it may reject it and issue a Letter of Regret stating the reasons for rejection. The person shall have the option to appeal against such a rejection to the State Level Authority within 30 (Thirty) days. (11) In case the Committee, does not approve or reject the application within 90 (Ninety) days, the person shall have the option of appeal to the State Level Authority against such delay. (12) The Letter of Intent shall consist of the conditionalities to be fulfilled by the Coaching Centre and the time duration for its successful compliance. (13) Within 30 (Thirty) days of the issuance of the Letter of Intent, the person shall submit a Performance Bank Guarantee, valid for a period of 06 years from the date of issuance of Letter of Intent, based on the place of operation of the Coaching Centre as follows: - (a) Rs 5,00,000 for areas within Municipal Corporation limit; (b) Rs 1,00,000 for areas within Municipality or Notified Area Council (NAC) or other Urban Local Body limit; and (c) Rs 50,000 for areas not covered under (a) and (b). (14) Within 90 (Ninety) days of the issuance of the Letter of Intent, the person shall submit a compliance report to the conditionalities mentioned in the Letter of Intent: Provided that, in case the compliance to the Letter of Intent is not submitted by the person within 90 (Ninety) days of its issuance, then the issued Letter of Intent shall be withdrawn and any Performance Bank Guarantee submitted by the person shall be encashed by the Committee or any Officer authorised by the Committee. (15) If the Committee is satisfied that the person has complied to all the conditionalities of the Letter of Intent, then it shall approve the registration of the Coaching Centre and issue a Letter to Start Operations, within a period not exceeding 30 (Thirty) days from the submission of the compliance report: Provided that, in case the Committee is not satisfied with the compliance report submitted by the person, then it may direct submission of additional documents or conduct physical verification of the Coaching Centre by an Inquiry Committee constituted by the Committee or direct resubmission of the compliance report or reject the application received and cancel the issued Letter of Intent. It shall also encash the Performance Bank Guarantee, if submitted and issue a Letter of Regret to the person clearly mentioning the reasons of rejection. The person shall have the option to appeal against the rejection to the Authority within 30 (Thirty) days. (16) The validity of registration shall be five years from the date of its issuance, unless cancelled by the Committee or the Authority for any reason. (17) All Coaching Centres on successful registration and issuance of Letter to Start Operations shall be provided with a Unique Registration Number named as “CCR-ID”. (18) This CCR-ID shall have validity till the valid registration of the Coaching Centre and shall be deactivated on its de-registration. (19) The Coaching Centres shall prominently mention the CCR-ID in all form of advertisements and communication with the stakeholders. (20) The Authority shall have the power to mandate linkage of services, students, counselors or any other entity or activity to this CCR-ID. (21) The person shall apply for renewal of registration to the Committee on the Web Portal at least 06 months prior to the date of expiry of the registration of the Coaching Centre, in such manner and form, and with such a non-refundable fee as may be determined by the Authority along with such documents as may be prescribed. (22) The Committee shall, on receipt of an application for renewal of registration through Web-Portal along with the prescribed non-refundable fees, decide on the renewal of registration before the expiry of the registration period. (23) The Committee after due evaluation may, renew the registration of the Coaching Centre by extending the validity of the Letter of Start Operations for a subsequent period of up to 05 years or communicate the refusal thereof to the person before the expiry of the registration period, after recording the reasons for such refusal in writing: Provided that no order refusing the renewal of registration shall be passed after giving the person concerned a reasonable opportunity of to be heard. (24) In case the Committee decides not to renew the registration of the Coaching Centre, it shall direct the person to initiate procedures for Winding up and de- registration of the Coaching Centre as per the Winding-up Policy submitted by the Person. (25) During the winding up period, the Committee shall appoint an Overseeing Authority to oversee and ensure adherence of the Winding up process. (26) The Committee may liquidate the Performance Bank Guarantee of the de- registered Coaching Centre, in case the Coaching Centre is winding up or de- registered before the completion of its valid registration period.

14. Registration of Students (1) Any student currently enrolled in any Coaching Centre or willing to enroll in any Coaching Centre established and registered in the State of Jharkhand for Coaching shall mandatorily register on the designated Web Portal: Provided that, no student below the age of 16 years or not having passed Secondary School examinations (matriculation) shall be allowed to register on the Web Portal and seek Coaching from any Coaching Centre, without explicit written informed consent of his/her parents or guardian. (2) On successful registration of the student on the Web Portal, a unique registration number named “CED-ID” shall be allocated. (3) The CED-ID may be linked to "Aadhaar" as a Proof of Identity (PoI). (4) The CED-ID shall have perpetual validity and in case the student is enrolled in any Institution within the State, the concerned institution may seek submission of the CED-ID during the admission process. (5) The State Government may utilize the CED-ID for extension of any benefits to the students through various financial and non-financial Schemes. (6) The registration of students shall be carried out in the manner as may be prescribed by the Rules.

15. Registration of Mental Health Counsellors (1) It shall be mandatory for all Coaching Centres to engage mental health counsellors certified as Clinical Psychologist or Rehabilitation Psychologist, or having any other certification provided by the Rehabilitation Council of India and deemed to be equivalent by the Authority. (2) Each mental health counsellors shall mandatorily register on the designated Web Portal and upon successful registration shall be provided with unique registration number called “CMC-ID”, which may be linked to “Aadhaar”. (3) The person shall ensure that all the mental health counsellors employed or to be employed by him are registered on the web-portal and the CMC-ID allocated to the such mental health counsellors are appropriately tagged with the corresponding CCR-IID of the Coaching Centre. (4) The CMC-ID shall have perpetual validity till the mental health counselor is enumerated in the Central Rehabilitation Register with appropriate certification as may be determined by the State Government or the Authority. (5) The registration of mental health counselors shall be carried out in the manner as may be prescribed by the Rules.

16. Registration of Tutors (1) Any tutor currently employed or seeking employment on full time or part time engagement basis by any Coaching Centre shall not have educational qualifications below the level of Graduation and must be registered on the designated Web Portal. (2) On successful registration on the designated Web Portal, tutor shall be provided with a unique registration number called “CTR-ID”, which may be linked with their Aadhaar. (3) Any tutor currently employed by an Institution must provide all the details regarding their present and past employment on the Web Portal during the registration process. (4) The CTR-ID shall have perpetual validity until de-activated by an order from the Authority. (5) Each CTR-ID shall be linked to concerned CCR-ID, in case the tutor accepts full time employment or part time engagement by any Coaching Centre. (6) The registration of tutors shall be carried out in the manner as may be prescribed by the Rules.

17. Operations of the Coaching Centre (1) From the date of successful registration and receipt of CCR-ID, the person operating the Coaching Centre(s) shall comply with the following conditionalities:- (a) all students currently enrolled or to be enrolled in any course of the Coaching Centre shall mandatorily register on the designated Web Portal and obtain their CED-ID. Further, each CED-ID shall be linked to the CCR-ID of the Coaching Centre; (b) Mental Health Counsellors with a valid CMC-ID, shall be engaged and their CMC-IDs shall be linked to the CCR-ID of the Coaching Centre: Provided that, a single CMC-ID shall not be linked to more than one active CCR-ID; (c) all tutors of the Coaching Centre must be registered on the designated Web Portal and their CTR-ID’s must be linked to the CCR-ID of the Coaching Centre. All tutors with their CTR-ID’s shall be prominently displayed on the official website of the Coaching Centre; (d) the monthly attendance report, progress report, assessment report or any other report as determined by the Authority, of each student enrolled in the Coaching Centre shall be shared with the concerned student and the compliance of such sharing must be submitted against the CED-ID on the Web Portal; (e) the hours of operation of Coaching Centre shall be between 06:00 AM to 09:00 PM by the Authority; (f) the number of students enrolled in each batch shall not exceed the number of seats proposed by the Coaching Centre, as mentioned in the application for registration of Coaching Centre; (g) may conduct an admission or mock test to assess the capability of the student and assist in understanding the ability of the Coaching Centre such that there are no over expectations; (h) shall not discriminate against any student on the basis of religion or race or caste or sex or place of birth during the admission process; (i) conduct periodic workshops and sensitization sessions regarding students' mental health by engaging mental health counsellors; (j) create awareness amongst students and parents regarding the pedagogy, the timeline of the course, and the facilities available in the Coaching Centre; (k) on specific requests of the student, anonymize the results of any public examination or assessment and make available counselling sessions for underperforming students; (l) clearly and prominently indicate the CED-ID and the details of the course enrolment while publishing the success of its enrolled students in any examination; (m) take written and informed consent of the student before using their name, photograph, CED-ID, testimonial or videos for advertisement, publicity and dissemination purposes; (n) carry out regular financial audits and maintain proper financial records of the Coaching Centre; (o) formulate policies related to fee payment, refund, transfer, entry and exit, allowing flexibility for students in payment of course fees and timely refund in case the student exit from the Coaching Centre during the course duration; (p) make available all its policies on the official website of the Coaching Centre and embed it in admission forms, prospectus or in any form of advertisement appropriately; (q) establish an internal toll-free number or helpline for 24 x 7 assistance in case of exigent circumstances; (r) carry out Annual Financial Audits of the Coaching Centre within 03 months of the completion of the financial year through firms of Chartered Accountants who have no interest in the affairs of the Coaching Centre; (s) upload and submit the Audited Report along with audited statements on the web-portal within the time limit as may be prescribed; (t) prepare a detailed Annual Report detailing out the activities carried out by the Coaching Centre and publish it on its website within three months of the completion of financial year for public access; and (u) undertake the implementation of orders as may be issued by the Committee or Authority. (2) Coaching Centres providing the facility of hostels, paying guests or any form or manner of accommodation to students, shall comply to the following conditionalities in addition to the conditionalities mentioned in sub-section (1): - (a) ensure that there are separate rooms for male and female students with designated male and female wardens to ensure 24 x 7 assistance to students; (b) comply fully with all the provisions for hostels in educational institutions as mentioned in the National Building Code, 2016 and as amended from time to time; (c) ensure that proper CCTV surveillance is maintained in the hostels and the backup of CCTV footages is maintained for at least 90 days; and (d) comply with any Orders as may be issued from Competent Authority from time to time.

18. Compliance to the Guidelines issued by Central Consumer Protection Authority All registered Coaching Centres shall comply with the guidelines issued by the Central Consumer Protection Authority, to such extend that they are non- inconsistent with the provisions of this Act, or Rules made, or Order issued thereunder.

19. Interpretation If any question arises with regard to the interpretation of any of the provisions of this Act, or Rules made, or Order issued thereunder, the decision of the Authority shall be final and binding on all parties.

20. Power to Issue Order The State Government and the Authority shall have absolute power to issue any Order, from time to time, as may be required or as it may deem fit for compliance of any provisions which may be made by under this Act or Rules made thereunder, and it shall be mandatory for all Coaching Centres to implement it.

21. Protection of all Acts and Orders All acts done and Orders passed in good faith by the Authority or Committee or any of its members or authorised Officer(s) shall, subject to the other provisions of this Act, be final; and accordingly, no suit or other legal proceedings shall be instituted against, or maintained, or damages claimed from such Authority or Committee or any of its members or authorised Officer(s) for anything done or passed, or purporting to have been done or passed in good faith and in pursuance of the provisions of this Act or Rules made thereunder.

22. Acts and Proceedings not to be Invalidated by Vacancy, etc. (1) No act or proceeding of the Authority or Committee, shall be deemed to be invalid at any time merely on the ground that – (a) any of the members of any such authority are not appointed or nominated or for any other reason are not available to take office at the time of the constitution or to attend any meeting thereof or any individual holds more than one post or there is any other defect in the constitution thereof or there are one or more vacancies in the offices of members thereof; and (b) there is any irregularity in the procedure of any such authority, body or committee not affecting the merits of the matter under consideration, and the validity of such an act or proceeding shall not be questioned in any court or before any authority or officer merely on any such ground.

23. Maintenance of Records (1) All registered Coaching Centres shall maintain and produce such records, accounts, registers, or other documents, as may be required by the Committee or the Authority. (2) The Coaching Centre shall submit the annual report to the Authority and the Committee for the record.

24. Restriction on shifting of Coaching Centre All registered Coaching Centres shall conduct Coaching only at the place of operation indicated in the registration certificate and shall not be allowed to shift or relocate to any other place than its place of operation as mentioned in the Letter to Start Operations, without prior approval of the Committee. The procedure for application and grant of such approval shall be as prescribed by the Rules

25. Power to Conduct Inquiries The Authority or Committee, or any other Officer authorized by the Authority or the Committee shall have the power to conduct inquiries regarding activities of the Coaching Centre, its satisfactory performance and compliance with any provisions of the Act or Rules made thereunder.

26. Disposal of complaints and Imposition of Penalties (1) A complaint may be filed before the Committee against any Coaching Centre by any student, parent, tutor or any employee of the Coaching Centre or by any member of the public at large. (2) If the Committee is satisfied, based on material and substantial evidence provided in the complaint, that the Coaching Centre is in non-compliance of or is not functioning as per the provisions of the Act, or Rules made thereunder, it may issue a Show Cause Notice, with a copy of such complaint, to the concerned Coaching Centre and the person, directing them to submit their reply within the time period as specified in the Show Cause Notice: Provided that, if the Committee is of the opinion that material and substantial evidence has not been provided by the Complainant, it may constitute an Inquiry Committee to carry out preliminary inquiry of the complaint and submit its inquiry report within a specified time period or dismiss the complaint by clearly stating the grounds for such dismissal. (3) The Inquiry Committee constituted under sub-section (2) of this section during the course of its inquiry shall have to power to: - (a) enter at any reasonable time into any such premises and search for any document or record or article or any other form of evidence and seize such document, record, article or such evidence; (b) make a note or an inventory of such record or article; and (c) require any person to produce any record, register or other document or article. (4) The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to search and seizure, shall apply, as far as possible, to the search and seizure carried under sub-section (3) of this Section. (5) Every document, record or article seized under sub-section (3)(a) or produced under sub-section (3)(c) shall be returned to the person, from whom they were seized or who produced the same, within a period of 90 (Ninety) days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken. (6) Based on such inquiry report submitted by the Inquiry Committee, if the Committee, is satisfied, that the Coaching Centre is in non-compliance of or not functioning as per the provisions of the Act, or Rules made thereunder, it may issue a Show Cause Notice, with a copy of such complaint, to the concerned Coaching Centre and the person, directing them to submit their reply within the time period as specified in the Show Cause Notice: Provided that, in case, based on the report submitted by the Inquiry Committee, the Committee, is satisfied, that the Coaching Centre is functioning as per the provisions of the Act, or Rules made thereunder, then it may dismiss the complaint. (7) If the Committee is not satisfied with the reply submitted by the concerned Coaching Centre and the person it may impose penalties as per provisions of this Act. The Committee shall dispose-off the complaints by passing appropriate Orders for all such complaints within 90 (Ninety) days of its receipt, after providing both parties with an opportunity to be heard: Provided that, in exigent circumstances the Chairperson of the Committee shall be authorised, on behalf of the Committee to issue directions or Orders for immediate and swift disposal of any complaint. (8) The Coaching Centre or the complainant may file an appeal against the order passed by the Committee under sub-section (7) to the Authority within 30 (Thirty) days of such an order being passed. (9) The Committee shall have the power to levy penalties on the Coaching Centre in case of any violation under any provisions of this Act or Rules made, or Order issued thereunder. (10) The graded mechanism for imposition of penalties for violations by Coaching Centre under this Act shall be as follows: - (a) up to Rs 5,00,000 for first offence; (b) up to Rs 10,00,000 for second offence; and (c) cancellation of registration of the Coaching Centre for any subsequent violation and issuance of directions to make suitable compliances within 60 days. (11) The penalties issued under sub-sections (10)(a) and (10)(b), may be imposed, without prejudice, over and above, the penalty specified in any other law, for the time being, in force: Provided that, no penalty shall be imposed on Coaching Centre, without providing it an opportunity to be heard. (12) The penalties such imposed shall be recovered as per the procedure prescribed by the Rules. (13) If the Coaching Centre fails to make necessary improvements as per the directives issued by the Committee under sub-section (10)(c), it may recommend blacklisting of the person to the Authority. (14) In case the Coaching Centre or the associated person continues to conduct Coaching, after deregistration or blacklisting, then appropriate legal actions shall be initiated against the person under the applicable provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. (15) If the Coaching Centre committing a violation under this Act is a Society or Trust or Limited Liability Partnership, every individual who at the time of such contravention being committed, was in charge of and was responsible to the Society or Trust or Limited Liability Partnership, for the conduct of its affairs, shall be deemed to be guilty of the violation and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any individual liable to the punishment if he proves that the violation was committed without his knowledge or that he had exercised all the diligence to prevent commission of such violation. (16) In case of the Coaching Centre being operated by a person through a franchise agreement, has violated any provision of this Act or Rules made thereunder or Orders issued by the State Government or the Authority or Committee, the Franchiser and the Franchisee shall also be held equally accountable and will be considered to be in violation of this Act and liable for penalties under this Act. (17) The Coaching Centre, if unsatisfied, with the penalty imposed by the Committee, may appeal to the Authority within 30 (Thirty) days of imposition of such penalty, and the decision of the Authority shall be final and binding on all parties.

27. Winding up of Coaching Centre (1) If any person proposes to wind-off the Coaching center within its valid period of registration, for any reason in accordance with its wind-off policy, it shall provide a written notice 90 (Ninety) days before the expiry of registration or completion of last batch, whichever is earlier to the Committee. (2) On receipt of notice referred to in sub-section (1), the Committee shall appoint an Overseeing Officer not below the rank of Sub Divisional Officer to ensure that the person under whom the Coaching Centre has been registered, has made necessary arrangements for course completion of students enrolled in the Coaching Centre and fees has been refunded as per the fee refund policy of the Coaching Centre.

28. Power to make rules (1) The State Government, by notification published in the Official Gazette, may make rules for carrying out the purposes of this Act. (2) Every rule made under this Act shall have the effect as if enacted in this Act.

29. Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification in the Official Gazette, make such provisions, not inconsistent with this Act, as it deems necessary or expedient for removing the difficulty.

30. Exemption for Institutions Any Institution operating or offering remedial classes or preparation for competitive examinations within its premises shall be exempted from the provisions of this Act: Provided that, for institutions providing Coaching to students through any Scheme of the State Government or Government of India, the provisions for creation of Unique Registration ID under applicable provisions Section 13, 14, 15, and 16 of this Act may be applicable.

31. Language of Authoritative Text Notwithstanding anything contained in this Act, if there is any inconsistency or discrepancy between the Hindi version and the English version of the Act, the English version of the Act shall prevail.

32. Act to override other laws The provisions of this Act shall have an overriding effect, notwithstanding anything inconsistent therewith, contained in any other law, for the time being in force. झारखंड राÏयपाल के आदेश से, (नीरज कुमार Įीवाèतव) Ĥधान सͬचव-सह-ͪवͬध परामशȸ ͪवͬध ͪवभाग, झारखंड, राँची। --------- अधी¢क अधी¢क, झारखÖड झारखÖड राजकȧय मुġणालय राजकȧय मुġणालय, राँची ɮवारा Ĥकाͧशत एवं मुǑġत राँची ɮवारा Ĥकाͧशत एवं मुǑġत, असाधारण) ) 77 – 50