Lok Sabha Question No. 178 (UNSTARRED), answered on 2022-07-18
Subject: Fee Regulation and Harassment by Private Educational Institutions
Ministry: Education
Asked by: Pratap Chandra Sarangi, Mahesh Sahoo, Ramapati Ram Tripathi, Brijbhushan Sharan Singh, Sangamlal Kadedin Gupta, P.P. Chaudhary

## GOVERNMENT OF INDIA MINISTRY OF EDUCATION DEPARTMENT OF SCHOOL EDUCATION AND LITERACY

## LOK  SABHA

## UNSTARRED QUESTION NO. 178 TO BE ANSWERED ON 18.07.2022

Fee Regulation and Harassment by Private Educational Institutions

## 178.   SHRI PRATAP CHANDRA SARANGI:

SHRI MAHESH SAHOO:

DR. RAMAPATI RAM TRIPATHI:

SHRI BRIJBHUSHAN SHARAN SINGH:

SHRI SANGAM LAL GUPTA:

SHRI P.P. CHAUDHARY:

Will the Minister of Education be pleased to state:

- (a) whether  the  Government  proposes  a  policy  to  regulate  fees  of  public  educational institutions/ schools in the country and if so, the details thereof and if not, the reasons therefor;
- (b) the details of the measures taken by the Government  for the safeguard of economically weak students against the harassment to pay fees by the private school administration;
- (c) whether the Government introduced any policy against such harassment and if not, the reasons therefor; and
- (d) the number and details of such harassment cases registered in Odisha, Uttar Pradesh and Rajasthan States, if any?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF EDUCATION ( SMT. ANNPURNA DEVI)

(a)  to  (d):  Education  is  a  subject  of  Concurrent  List  of  the  Constitution  and  schools,  other than  those  owned  /funded  by  Central  Government,  are  under  the  jurisdiction  of  the  State Governments. Thus, the matter relating to fees and its components in schools are regulated in terms of Rules and Instructions of the State Government concerned.

Fee  structure  and  fee  revisions  are  regulated  by  the  Acts  and  Regulations  of  the concerned State/ UT Governments.

The  Central  Board  of  Secondary  Education  (CBSE)  has incorporated various provisions in Chapter 7 of Affiliation Bye-laws, 2018 related to school fee.

- 7.1 No Society/Trust/Company/School shall charge capitation fee or accept donations for the purpose of admission for pupils.
- 7.2 Admission Fee and Fee charged under any other head are to be charged only as per the regulations of the Appropriate Government.
- 7.3 Fees shall be charged under the heads prescribed by the Department of Education of the State/UTs.
- 7.5.1 Fee  revision  of  schools  shall  be  subject  to  laws,  regulation  and  directions  of  the Appropriate Government.
- 7.5.2 Fee  shall  not  be  revised  without  the  express  approval  of  the  School  Management Committee  or  the  process  prescribed  by  the  Appropriate  Government  under  any circumstances.
- 7.6 The acts and regulations of the Central and State/UT Governments enacted/framed in connection with regulation of fee in respect of the various categories of the schools situated in the state will be applicable to the school affiliated with CBSE also.

As per section 12(1)(c) of the Right to Free and Compulsory Education (RTE) Act, 2009:

- 12 (1) For the purposes of this Act, a school,-
- c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class 1 to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:

whereas, as defined in section 2(e) of the RTE Act, 2009:

- 2 (e) "child belonging to weaker section" means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

and, as per section 2(n) of the Act:

- 2 (n) "school" means any recognised school imparting elementary education and includes-
- i. a school established, owned or controlled by the appropriate Government or a local authority;
- ii. an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;
- iii. a school belonging to specified category; and
- iv. an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;

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