The ASSAM NON-GOVERNMENT EDUCATIONAL INSTITUTIONS (REGULATION OF FEES) ACT, 2018 (SINGLE DOCUMENT)
# ASSAM ACT NO. XV OF 2018 (Received the assent of the Governor on 9th May, 2018)
 THE ASSAM NON-GOVERNMENT EDUCATIONAL INSTITUTIONS (REGULATION OF FEES) ACT, 2018.


# AN


# ACT


to make provision for fixation of fees for the non-government
educational institutions in the State of Assam.

**Preamble.** Whereas it is expedient to make provision for fixation of fees for

the Non-Government Educational Institutions in the State of Assam and
the matters connected therewith and incidental thereto.

It is hereby enacted in the Sixty-ninth Year of the Republic of India
as follows:
## CHAPTER I
 PRELIMINARY

**Short title,** 1. (1) This Act may be called the Assam Non-Government Educational
**extent and** Institutions (Regulation of Fees) Act,2018
**commencement.**

(2) It extends to the whole of the State of Assam.

(3) It shall come into force at once.

**Definitions.** 2. In this Act, unless the context otherwise requires,
(a) "academic year" means the year specified by the Government or, as
the case may be, by any Board or Council to which respective
institution is affiliated;

(b) "educational district" means an educational district, as may be
specified by the Government in the Official Gazette;

(c) "elementary education" means the education from Class I to Class
VIII;

(d) "employee" means a teacher and includes every other employee
working in a non-government educational institution;

(e) "existing school" means a recognized non-Government educational
institution which is in existence at the commencement of this Act;

(f) "Fee or Fee Structure" means any amount, by whatever name
called, collected, directly or indirectly, by a school for admission of a
student to any Standard or course of study and includes,

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(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 where such facilities are available;


(vi) Caution money;


(vii) Examination fee;


(viii) Admission fee, which shall not exceed one month tuition

fee;

(ix) Yoga and Physical Education fee where yoga and physical

education are imparted ;


(x) any other fee as determined by the Fee Regulatory

Committee;

(g) "Fee Regulatory Committee" means a committee constituted under
section 3;

(h) "Fee Revision Committee, means a committee constituted under
section 13;


(i) "Government" means the State Government;


(j) "Government school" means a school established, owned or
maintained by the Government;

(k) "institution" means and includes the non-Government educational
institution as defined under clause (p) of this Act;


(l) "local authority" means,

(i) a Gauhati Municipal Corporation constituted under the

Gauhati Municipal Corporation Act,1971;


Assam
Act No.1
of 1973

Assam
Act No.
XV of
1957

Assam
Act No.
XVII of
1994


(ii) All other Municipal Boards or Municipal Town Committees

of the State constituted under the Assam Municipal Act,
1956 and Village Councils in case of Autonomous Council
areas;

(iii) a Panchayat constituted under the Assam Panchayat Act,

1994;

(m) "Lower Primary School" or "LP School" means a school imparting
education upto class V;


(n) "management" means,

(i) in the case of a school managed by the Government, the

Government;

(ii) in the case of school managed by any local authority, the

respective local authority;

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(iii) in any other case, maintaining committee or the governing

body by whatever name called, of school to which the affairs
of the school are entrusted and, a person, by whatever name
or designation called, where such affairs are entrusted to
such person and shall also include trust or company
associated with the school in any manner whatsoever;

(o) "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;

(p) "non-government educational institutions" means schools

established and run by an individual or association of individuals or
any Non-Government Organization or Society or Trust, except the
schools established and maintained by minorities under clause (1) of
Article 30 of the Constitution of India and imparting education at
Primary, Middle, Secondary and Higher Secondary Level without
receiving any grants-in-aid from the State Government which have
been registered under sub-section (1) of section 6 of the Assam NonGovernment Educational Institutions (Regulation and Management)
Act, 2006 excluding the educational institutions run or aided by the
Central Government or the State Government. The word "institution"
wherever it occurs in the Act shall be construed accordingly:

Provided that the institution established by any person or body of
persons including trusts and received permission/recognition/
affiliation/ concurrence as the case may be, from the competent
authority after 01.01.2006 shall be treated as non-government
educational institution provided they are registered under sub-section
(1) of section 6 of the Assam Non-Government Educational
Institutions (Regulation and Management) Act, 2006 ;


(q) "prescribed" means prescribed by rules made under this Act;


(r) "pre-primary school' means a Nursery, Junior Kindergarten, Senior
Kindergarten level or any school imparting education up to preprimary school level for children having age of 3 to 6 years, by
whatever name called and of any medium attached in the prescribed
manner to the school;

(s) "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 and shall include profit earned from school by
trust or company associated with the school in any manner
whatsoever;

(t) "public examination" means an examination conducted by the
Board of Secondary Education, Assam, constituted under the Assam
Secondary Education Act, 1961 and Assam Higher Secondary
Education Council constituted under the Assam Higher Secondary
Education Act, 1984 or Central Board of Secondary Education or
Council of Indian School Certificate Examinations or any other Board
recognized by the Government;

(u) "recognized school" means a school recognized by the competent
Educational Authority of the State or the Central Government;

3


Assam
Act No.
IV of
2007

Assam
Act No.
IV of
2007

Assam
Act No.
XXV of
1961
Assam
Act No.
XVII of
1984


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Assam
Act No.
XXV of
1961


(v) "school" includes a Lower Primary School, Upper Primary School,
High School/High Madrassa, Higher Secondary School, Senior
Secondary School and also includes any other institution which
imparts education or training below the degree level, but does not
include an institution which exclusively imparts technical education;

(w) "school property" means all movable and immovable property
belonging to, or in the possession of, the school and all other rights
and interests in, or arising out of, such property, and includes land,
building and its appurtenances, playgrounds, hostels, furniture, books,
apparatus, maps, equipments, utensils, cash, reserve fund, investments
and bank balances;

(x) "secondary education" shall have same meaning as defined under
clause (n) of section 2 of the Assam Secondary Education Act, 1961;

(y) "Upper Primary School" or "UP School" including ME Madrassa
means a school imparting education upto class VIII.

## CHAPTER II CONSTITUTION OF COMMITTEE, DETERMINATION OF FEE AND PROHIBITION OF COLLECTION OF EXCESS FEE

(1) The Government shall constitute a Fee Regulatory Committee for
the purpose of determination of the fee for any standard or course of
study in non-government educational institutions.

(2) The age of the Chairperson and the members shall not be more
than 65 years at the time of appointment. The term of the Chairperson
and other nominated members shall be three years.

(3) The honorarium and allowances payable to and other terms and
conditions of service of member shall be such as may be prescribed by
the Government.


**Constitution of**
**Fee Regulatory**
**Committee.**


3.


(4) The Committee shall consist of the following members, namely:

(a) retired District and Session Judge or a person who had been a


member of All India Service, having retired from a post not
below the rank of Commissioner and Secretary to Government
or a person who had been a member of Indian Police Service,
having retired from a post not below the rank of Additional
Director General of Police, to be nominated by the Government,
who shall be the Chairperson of the Committee;

(b) one Chartered Accountant, to be nominated by the Government;


(c) one Civil Engineer/Government approved valuer, to be

nominated by the Government;

(d) the Secretary, Assam Higher Secondary Education Council and
Board of Secondary Education;


(e) one representative from the non-government educational

institution management to be nominated by the Government;

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**Jurisdiction and**
**headquarters of**
**Committee.**

**Vacancies, etc.**
**not to invalidate**
**proceedings of**
**the committee.**

**Procedure to be**
**regulated by the**
**Fee Regulatory**
**Committee.**

**Disqualification**
**of members of**
**Fee Regulatory**
**Committee.**


(f) one Academician of repute, to be nominated by the

Government;

(5) The Director shall act as a co-ordinator to the Committee to
provide administrative support.

4. (1) The jurisdiction of the Fee Regulatory Committee shall comprise
of such districts or zones as the State Government by notification in
the Official Gazette specify. There may be one or more such
Committee as per need. These Committees have to be constituted as
per section 3 of the Act.

(2) The Headquarter of the Fee Regulatory Committee shall be at such
place specified by the State Government by notification in the official
Gazette.

5. (1) If any vacancy occurs by reason of death, resignation, expiry of
term of office or termination of appointment of the member or for any
other cause whatsoever, such vacancy shall be filled in by the State
Government as soon as possible within a period of six months from the
date of occurrence of the vacancy.

(2) No act or proceeding of the Committee shall be questioned or shall
be invalid merely on the ground of the existence of any vacancy or
defect in the Constitution of the Committee.

6. (1) The Fee Regulatory Committee shall meet as and when necessary
but at least once in a quarter at such time and place as the Chairperson
may think fit.

(2) The Committee shall regulate its own procedure for the conduct of
its business.

(3) All orders and decisions of the Committee shall be authenticated
by the Chairperson of the Committee or the person duly authorized by
the Chairperson on his/her behalf.

7. The Government may terminate the appointment of the Chairperson or
any member of the Fee Regulatory Committee before the expiry of the
term of his office, if he

(i) has been adjudged an insolvent;


(ii) has, in the opinion of the State Government, become physically

or mentally incapable of acting as a member;


(iii) has been convicted of an offence involving moral turpitude, or


(iv) has been guilty of proven misbehavior :


Provided that no member shall be removed from his office on
the above grounds, unless he has been given a reasonable opportunity
of being heard.

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**Powers and**
**Functions of the**
**Fee Regulatory**
**Committee.**


8. (1) Subject to the provisions of section10, the Fee Regulatory

Committee shall determine the fee payable by students in the nongovernment educational institution.


(2) The Committee shall have power to,

(a) require each non-government educational institution to place
before the Committee, the proposed fee structure of such
school along with all relevant documents and books of
accounts for, scrutiny before such date as may be specified by
the Committee;

(b) verify whether the fee proposed by the non-government
educational institution justified and whether it amounts to
profiteering or charging of exorbitant fee;

(c) approve the existing fee structure or determine the fee which
can be charged by the non-government educational institution;

(d) verify whether the non-government educational institution
operating within the territory of the State of Assam is
recognized by the competent Authority of the State
Government or affiliated to the Assam Higher Secondary
Education Council or Board of Secondary Education, Assam
or the Central Board of Secondary Education or the Council
for Indian School Certificate Examinations or any other Board
constituted by the State or the Central Government, as the case
may be, and the institution imparts instruction prescribed by
the Assam Higher Secondary Education Council or Board of
Secondary Education, Assam or any other Board, as referred
to above as the case may be;

(e) hear complaints or initiate _suo moto hearing with regard to_
collection of excess fee by a non-government educational
institution, as referred to above in Clause(d);

(f) regulate the fees charged by the school and penal action as per
the provisions of this Act;

(g) report the matter to the State Government that the institution
has collected excess fee and it has not complied with the
provisions of the respective applicable Acts and rules made
thereunder of the concerned Board for appropriate action.

(3) (a) For the purposes of this Act, the Fee Regulatory Committee
while holding inquiry shall have the powers of a Civil Court
under the Code of Civil Procedure, 1908 while trying a suit in
respect of the following matters, namely:
(i) summoning and enforcing the attendance of any witness
and examining him on oath;

(ii) requiring the discovery and production of any document:

(iii) receiving evidence on affidavit; and

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Act V of
1908


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Act No.
45 of
1860


**Power of State**
**Government to**
**notify maximum**
**limits of fees.**

**Exemption from**
**appearance**
**before**
**Committee.**

**Factors for**
**determination of**
**fee.**


(iv) issuing commission for examination of witnesses for local
inspection.

(b) All inquiries and revisions under this Act shall be deemed to be the
judicial proceedings within the meaning of sections 193, 219 and
228 of the Indian Penal Code, 1860.

9. The Fee Regulatory Committee shall recommend maximum limits of
fees to be charged by different categories of non-government
educational institutions every year before starting of the academic
session taking into account the factors as mentioned under section 10
and the State Government shall notify the same in the Official Gazette,
from time to time.

10. (1) The Fee Regulatory Committee may exempt such nongovernment educational institutions that charge amount of fee lower
than the fee as notified by the Government under section 9 from the
determination of fee. Such non-government educational institutions
shall file an affidavit to that effect:

Provided that if any such institution desires to revise the fee, it


Provided further that exclusive pre-primary classes, play groups

and creches not attached to any school shall be exempted from the
application of the provisions of this Act.

(2) The Fee Regulatory Committee shall determine fee for all
institution except the institution as referred to in sub-section (1),
imparting pre-primary, primary, upper-primary, secondary, and
higher secondary education.

(3) The exemption shall remain operative till the prescribed fee is
revised by the Government.

(4) The Fee Regulatory Committee may withdraw the exemption,
after providing reasonable opportunity of hearing to the erring
school, if it has reason to believe that the school has charged fee in
excess of the fee, prescribed under sub-section (1) or has furnished
false or misleading or incomplete information to the committee.

(5) The information regarding erring schools including details of
their management shall be published by the Fee Regulatory
Committee through an advertisement in the leading daily
newspapers, in the best interest of students, parents, and society at
large.

11. (1) The Fee Regulatory Committee shall determine the fee leviable
by different categories of non-government educational institutions
categorized by the Committee after taking into account the following
factors, namely :
(i) location of the non-government educational institution where the
school is situated;


shall follow the procedure as laid down in section 8 :


(ii) investment incurred to setup the school;


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(iii) infrastructure made available to the students for the quality
education, facilities provided as mentioned in the prospectus or
website of the school;

(iv) expenditure on administration, maintenance of services and
utilities of the school;

(v) strength of students in the non-government educational
institution;


(vi) classes of study and courses of study offered by the school;


**Prohibition of**
**collection of**
**excess fee.**


(vii) qualification of teaching, and non-teaching staff (as per the
relevant norms) their salary components and reasonable amount for
yearly salary increments;

(viii) expenditure incurred on the students against total income of
the school which shall include profit earned from school by the
trust or company associated with such school;

(ix) reasonable revenue surplus for the purpose of development,
education and expansion of the institution;

(x) any other factors which may be prescribed by the Government
from time to time.

(2) The Fee Regulatory Committee shall, after determining the fee
leviable by a non-government educational institution, communicate
its decision to the institution concerned.

(3) The Fee Regulatory Committee shall determine the total fees
which shall be levied by considering all different fees charged by the
institution.

(4) The fee structure so determined by the Fee Regulatory
Committee shall be binding on the non-government educational
institution for a period of three years.

12. (1) No non-government educational institution shall collect any fee
in excess of the fee fixed by the Fee Regulatory Committee for
admission of students to any standard or course of study in that
institution.

(2) No excess fee shall be collected by any person either for himself
or on behalf of such non-government educational institution or on
behalf of the management of such non-government educational
institution.

(3) No institution itself or on its behalf shall collect any donation or
capitation fee under any name whatsoever, or receive any deposit
under any head from the parents to the school management, school
trust, company, or any trustee or member of the school. If any
parents or guardian of a student has paid voluntarily any above
referred amount, he shall inform the concerned Fee Regulatory
Committee, the details of such payment on affidavit. Such nondisclosure shall amount to abetment of the profiteering committed by
the school management.

(4) The institution shall open and operate separate and only one Bank
account for individual non-government educational institution. The
parents shall make payments of prescribed fees directly into the

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**Fee Revision** 13.
**Committee.**


concerned school bank account. The acknowledgement of receipt of
the total collected fee from the parents shall be given in the form of
counterfoil from bank and concerned school, as the case may be.

(1) The Government shall constitute a committee for the purpose of
revision against the order passed by the Fee Regulatory Committee.
The headquarter of the Fee Revision Committee shall be at Guwahati
or at such other place, as may be decided by the Chairperson of the
Committee.

(2) The Fee Revision Committee shall consist of the following
members, namely:
(i) A retired Judge of the High Court, to be nominated by the

Government shall be the Chairperson of the Committee;

(ii) The senior most Secretary to the Government of Assam,

Secondary Education Department or Elementary Education
Department;

(iii) The Commissioner and Secretary to the Government of

Assam, Finance Department, or his nominee not below the
rank of the Deputy Secretary;

(iv) The Director of Secondary Education, ex-officio, who shall

be the Member-Secretary;

(v) One representative from the non-government educational

institution Management to be nominated by the

Government;

(vi) One Chartered Accountant, to be nominated by the

Government.

(3) A person or any institution aggrieved by the order of the Fee
Regulatory Committee made under section 11 may file revision
application before the Fee Revision Committee within a period of
twenty-one days from the date of receipt of such order:

Provided that if the Fee Revision Committee is satisfied that
such institution was prevented for filing a revision application within
prescribed time-limit for sufficient cause, it may condone the delay
and shall allow the revision application but not later than three
months.

## CHAPTER III REGULATION OF ACCOUNTS AND MAINTENANCE OF RECORDS

(1) The Government shall regulate the maintenance of accounts by
the non-government educational institutions in such manner as may
be prescribed.

(2) The non-government educational institution shall maintain such
records in such manner as may be prescribed.

(3) Every non-government educational institution shall maintain
accounts for different kinds of transactions like the fees collected, the
grants received, financial assistance received including funds from
NRIs, payments of salary of staff, purchase of machinery and

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**Regulation of**
**Accounts and**
**Maintenance of**
**Records.**


14.


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(b) to pay fine which shall not be less than five lakh rupees but

which may extend to ten lakh rupees to the Government for the
second contravention; and

(c) for cancellation or withdrawal of registration/ affiliation/ No

Objection Certificate of the school on third and subsequent
contravention by the concerned authority on the

recommendation of the Fee Regulatory Committee.

(2) The amount of fine and the amount of refund shall be paid within
fifteen days from the receipt of the order, failing which fine of one
percent of the total payable amount shall be levied each day till the
refund of the total amount and fine is paid. However, if the school
management fails to make the payment of fine and refund within
three months, then the entire unpaid amount shall be recovered as an
arrear of land revenue.

No Civil Court shall have the jurisdiction to deal with or decide any
question which the Fee Regulatory Committee or, as the case may be
the Fee Revision Committee is empowered to deal with or decide with
by or under this Act and no injunction shall be granted by any civil
court in respect of any action taken or to be taken in pursuance of any
of the provisions of this Act.

10


equipments, furniture, laboratory articles, sports equipments, library
books, stationary and other expenditure incurred towards payments
to the agencies companies hired or engaged by the school for
different kind of services and these accounts shall be audited by the
Chartered Accountant.

(4) Every non-government educational institution shall keep the
accounts and the records within the premises of the educational
institution and shall make them available at all reasonable times for
inspection by the Fee Regulatory Committee or its authorized officer.

(5) The accounts maintained by the non-government educational
institution together with all vouchers relating to various items of
receipts and expenditures shall be preserved by the schools for a
period of at least seven years.

## CHAPTER IV CONTRAVENTlONS AND PENALTIES

(1) For contravention of any of the provisions of this Act or the rules
made thereunder, the school management shall, in addition to refund
of twice the amount of fee to the parents or guardians or to the
person who has made the payment, be liable;

(a) to pay fine which shall be upto five lakh rupees to the

Government for the first contravention;


**Contravention**
**and penalties.**

**Bar jurisdiction**
**of civil court.**


15.

16.


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**Power of State**
**Government to**
**give directions.**


17.


**Operation of** 18.
**other laws.**


## CHAPTER V MISCELLANEOUS

The State Government may from time to time, issue general or special
directions consistent with the provisions of this Act and the rules made
thereunder, as in its opinion are necessary or expedient for carrying out
the purposes of this Act or for giving effect to any of the provisions
contained therein or in any rules or orders made thereunder and the
management of the non-government educational institution shall be
bound by such directions.

Save as otherwise provided in this Act the provisions of this Act shall be
in addition to, and not in derogation of any other law for the time being
in force.

No suit, prosecution or other legal proceeding shall be instituted against
the Fee Regulatory Committee and Fee Revision Committee or the
members thereof, Government or any officer, authority or person
empowered to exercise the powers or perform the functions by or under
this Act for anything which is in good faith done or intended to be done
under this Act or the rules made thereunder.


**Protection of**
**action taken in**
**good faith.**

**Members of**
**Committee,**
**officers and**
**employees to be**
**public servant.**


19.


20. All the members of the Fee Regulatory Committee or the Fee Revision
Committee, as the case may be, and the officers and employees while
acting or purporting to act in pursuance of the provisions of this Act or
rules made thereunder, be deemed to be a public servant within the
meaning of section 21 of the lndian Penal Code, 1860.


Act No
45 of
1860


**Power to remove** 21.
**difficulties.**

**Power to make** 22.
**rules.**


(1) If any difficulty arises in giving effect to the provisions of this Act,
the State Government may, by general or special order published in the
_Official Gazette, make such provisions not inconsistent with the_
provisions of this Act, as it appears to it to be necessary or expedient
for the purposes of removing the difficulty:

Provided that no such order shall be made after the expiry of the
period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as
may be, after it is made, before the State Legislature.

(1) The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:
(a) the honorarium and allowances payable to and other terms and

conditions of service of members of the Fee Regulatory
Committee under sub-section (3) of section 3;

(b) the fee to be levied by the non-government educational

institution under sub- section (1) of section 10;

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(c) the other factors under which the Fee Regulatory Committee

shall determine the fees leviable by the non-government
educational institution under clause (X) of sub-section (1) of
section 11;

(d) to regulate the maintenance of accounts by the non-government

educational institution under sub-section (1) of section 14;


(e) for maintenance of records of accounts of the Fee Regulatory

Committee under sub-section (2) of section 14.

(3) All rules made by the State Government under this Act shall, as
soon as may be after they are made, be laid before the Assam
Legislative Assembly. while it is in session, for a total period of not
less than fourteen days which may be comprised in one session or in
two or more successive sessions, and shall, unless some later date is
appointed, take effect from the date of their publication in the Official
Gazette subject to such modifications or annulments as the Assam
legislative Assembly may, during the said period agree to make, so
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done thereunder.

**S. M. BUZAR BARUAH,**
Commissioner & Secretary to the Government of Assam,
## Legislative Department, Dispur, Guwahati-6.

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