Chapter I PRELIMINARY

1. (1) This Act may be called the Maharashtra Educational Institutions (Regulation of Fee) Act, 2011 (Repeal of Mah. Ord XIV of 2013 and saving).
2. (2) It extends to the whole of the State of Maharashtra.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,-

1. (a) "academic year" means the year specified by the Government or, as the case may be, any Board or Council to which respective school is affiliated ;
2. (b) "aided school" means a school receiving any kind of recurring grant or assistance in monetary or non-monetary form, from the Government or the concerned authority for defraying its expenditure ;
3. (c) "appointed date" means the date appointed by the State Government under sub-section (3) of section 1 :
4. (d) "Divisional Fee Regulatory Committee" means the Divisional Fee Regulatory Committee constituted under section 7 ;
5. (e) "Deputy Director" means the Deputy Director of Education or any equivalent officer designated as such by the State Government, working under the Director of Education (Primary), Director of Education (Secondary and Higher Secondary) , or Deputy Director of any other Directorate of the State Government, entrusted with the task of supervision of the educational institutions imparting any kind of education in the State ;
6. (f) "Diploma in Teachers Education College" means a training college for diploma in teachers education approved by the National Council for Teachers Education ;
7. (g) "Director" means the Director of Education or any equivalent officer designated as such by the State Government and includes the Director of Education (Primary), Director of Education (Secondary and Higher Secondary), or Director of any other Directorate of the State Government, entrusted with the task of supervision of the educational institutions imparting any kind of education in the State ;
8. (h) "Educational Division" means an Educational Division notified as such by the State Government, by notification in the Official Gazette;
   • (i) "Elementary Education" means the education from first class to eighth class ;
9. (j) "Executive Committee" means the Executive Committee of the Parent-Teachers Association ;
10. (k) "Fee" means the amount, fixed as a fee under sections 5 and 6 and includes,-
    • (i) Tuition fee ;
    • (ii) Term fee, which shall not exceed one month tuition fee per term ;
    • (iii) Library fee and deposit ;
    • (iv) Laboratory fee and deposit ;
    • (v) Gymkhana fee ;
    • (vi) Caution money ;
    • (vii) Examination fee ;
    • (viii) Hostel fee and Mess charges ;
    • (ix) Admission fee ; Explanation.- Where the student is admitted into the school having the facility to undertake education upto the tenth standard or any standard below it, the student shall not be required to pay the admission fee once again ;
    • (x) deposit as security amount or amount payable for any curricular or co-curricular item as may be prescribed;
11. (l) "Government" means the State Government or the Central Government, as the case may be;
12. (m) "Government school" means a school established, owned or maintaimed by the Government or a local authority ;
13. (n) "local authority" means,-
    • (i) in relation to educational institution managed by a Zilla Parishad, the Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah.V of 1962) ;
    • (ii) in relation to educational institution managed by the Municipal Corporation, the Municipal Corporation constituted under the Mumbai Municipal Corporation Act (Bom. III of 1888), the 1Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949. C.P.), or as the case may be, the City of Nagpur Corporation Act, 1948 (Berar II of 1950) ;
    • (iii) in relation to educational institution managed by the Municipal Council, Nagar Panchayat or, as the case may be, Industrial Township, the Municipal Council, Nagar Panchayat or Industrial Township constituted under the Maharashtra Municipal Councils, Nagar Panchayts and Industrial Townships Act, 1965 (Mah. XL of 1965) ;
    • (iv) any other authority treated as local authority under any other law ;
14. (o) "management" means,-
    • (i) in the case of a school managed by the Government, the Government ;
    • (ii) in the case of school managed by a local authority, the local authority :
    • (iii) in any other case, managing committee or the governing body, by whatever name called, of school to which the affairs of the school are entrusted and, where such affairs are entrusted to any person, by whatever name or designation called, includes such person ;
15. (p) "minority educational institution" means the Government approved institution established and administered by minority having right to do so under clause (1) of article 30 of the Constitution of India :
16. (q) "Parent-Teachers Association" means the Parent-TeachersAssociation constituted under section 4 ;
17. (r) "pre-primary school" means a Nursery, Junior Kinder Garten,Senior Kinder Garten level or any school imparting education upto pre-primary school level for children having age 3 to 6 years, by whatever name called and of any medium attached in the prescribed manner to the school, but does not include a creche ;
18. (s) "prescribed" means prescribed by the rules made under this Act :
19. (t) "private educational institution" means any private management including the management of the minority educational institution running the school or Diploma in Teachers Education College ;
20. (u) "profiteering" means any amount accepted in cash or kind, directly or indirectly which is in excess of the fee fixed or approved as per the provisions of this Act ;
    • (v) "Revision Committee" means the Revision Committee constituted under section 11 ;
21. (w) "rules" means the rules made under this Act;
    • (x) "school" means a pre-primary school, primary school, school imparting elementary education, secondary school, higher secondary school or junior college recognised by the Government and managed by any management and affiliated to any Indian or foreign course or Board, whether aided, partially aided, un-aided or permanently unaided, including the school run by the minority educational institution but does not include a school imparting religious instructions only.