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State of Manipur - Act

Manipur Coaching Institute (Control and Regulation) Act, 2017

MANIPUR
India

Manipur Coaching Institute (Control and Regulation) Act, 2017

Act 8 of 2017

Published on 11 September 2017
Commenced on 11 September 2017
[This is the version of this document from 11 September 2017.]
[Note: The original publication document is not available and this content could not be verified.]

Manipur Coaching Institute (Control and Regulation) Act, 2017(Manipur Act No. 8 of 2017)Last Updated 26th February, 2020[Dated 11.9.2017.]An Act to provide for the control and regulation of private coaching institutes of the State for providing better academic support in preparation of different public and competitive examinations curriculum and admission into various higher and technical educational institutions etc_.Be it enacted by the Legislature of the State of Manipur in the Sixty-eighth Year of the Republic of India as follows:-Chapter-1 Preliminary

1. Short title,extend and commencement.

(1)This Act may be called the Manipur Coaching Institute (Control and Regulation) Act, 2017.

(2)It shall extend to the whole of the State of Manipur.

(3)It shall come into force at once.

2. Definitions.

- In this Act unless there is anything repugnant in the subject or context, -

(i)"Appellate Authority" means an officer appointed or dessicated by the State Government. by Notification;

(ii)"coaching institute" means a registered institute, established, run, administered by any person or body of persons, society or registered institute or Trust to provide preparation for competitive examination or academic support to students in secondary and higher secondary levels, for more than 20 students, under section 3 of this Act;

(iii)"curriculum" means the curriculum prescribed by All- India / State Level Competitive Examinations / different Boards or Council;

(iv)"Government" means the State Government of Manipur;

(v)"prescribed" means prescribed by Rules, Regulation and Notifications under this Act;

(vi)"registered coaching institute" means the coaching institute registered under this Act;

(vii)"Registering Authority" means an officer or authority appointed or authorized by the State Government by notification, to -perform the functions and discharge the duties of the registering authority under all or any of the provisions of the Act;

(viii)"registration" means registration made under section 3 of this Act;

(ix)"registration certificate" means registration certificate issued under this Act;

(x)"registration fee" means requisite fee for the registration of coaching institute;

(xi)"registration number" means the registration number given under this Act by the Registering Authority;

(xii)"rules" means the rules made under section 9 of this Act:

(xiii)"student" means students enrolled in coaching institute and

(xiv)"tuition fees" means the amount taken from the enrolled students for academic support by the registered coaching institute, namely admission fees, course fees, examination fee etc.

Chapter - 2 Registration Of Coaching Institute / Syllabus Prescribed By Coaching Institute/ Competitive , Examination / Academic Support / Admission Fees / Registration Fees

3. Establishment registration of coaching institute for the academic support for preparation of curriculum and different competitive examinations.

(1)The coaching institutes already established and conducting coaching shall, have to be registered within one month from the enactment of this Act.

(2)After the, commencement of this Act, no coaching institute shall be established or run without 'obtaining Valid registration certificate.

(3)The tenure of registration shall be for three years.

(4)After the commencement of this Act, any person who desires to establish ,or run coaching institute shall have to apply before the Registering Authority along with such fee as may be prescribed in the following manner -

(a)Determination of curriculum - Curriculum for different kinds of academic support and duration for completion of Curriculum shall be clarified.:

(b)Academic qualification of teachers The teaching shall be performed, by non-government teachers or retired teachers having at least graduation qualification and the bio-data of the teachers, their' academic qualification and experience, shall be mentioned.

(c)Tuition fees - (1) The coaching institute shall have to issue a prospectus, mentioning different curriculum and duration of completion of curriculum along with the tuition fees.

(2)Under the curriculum, it shall be mandatory to mention in the prospectus the number of lectures, tutorial group discussions etc.

(d)Physical Infrastructure:- (1) Within the basic structure of the coaching institute, minimum one sq. meter area should be for, each student.

(2)Other facilities - Under this, the following facilities shall be made available by every coaching institute:-

(i)Sufficient furniture (bench/ desk etc.);

(ii)Sufficient lighting arrangement (electrification);

(iii)Facility of drinking water;

(iv)Facility of toilets;

(v)Facility of sanitation and clean mess;

(vi)Arrangement for fire extinguisher;

(vii)Medical treatment facility and

(viii)Facility of parking of cycles/ vehicles;

4. Registration Certificate.

(1)Registration certificate in the prescribed form shall be given within thirty days of application, by the Registering. Authority after examination on the basis of conditions of registration under section 3. In case of rejection of application submitted for registration certificate, copy of the order with reasons to that effect shall be given to the applicant.

(2)Soon on completion, of three years of registration, the coaching institute shall apply for renewal in the prescribed form with the renewal fee as may be prescribed.

5. Enquiry of activities of coaching institute.

- The Registering Authority or an officer authorized by the Registering Authority, shall enquire any coaching institute regarding the fulfillment of required eligibility of registration and the activities of the coaching institute.Chapter - 3 Penalty

6. Penalty.

(1)The Registering Authority shall have such power which is vested in the' civil courts under Civil Procedure Code 1908 for consideration of any suit namely:-

(i)to accept evidence with proof through affidavit;

(ii)to summon and to enforce attendance of any person, and his examination on oath;

(iii)to enforce production-of records;

(iv)to, award cost.

(2)In case of violation of any provision of this Act or the rules and notification issued under this Act, the coaching institute shall be liable to penalty as follows:-

(i)Rupees twenty five thousand for the first offence.

(ii)Rupees one lakh shall he for the second offence.

(iii)In case of proof of allegations against the coaching institute after the second offence, the registration shall be cancelled by the Registering. Authority, after show-cause and giving sufficient opportunity of being heard Central Act No.5 of 1908

Chapter - 4 Appellate Authority and Disposal of Complaints

7. Disposal of complaints.

- The complaints under this Act shall be filed before the Registering Authority. Such complaints shall be disposed of within thirty days from the date of its receipt by the Registering Authority after making the necessary inquiry:Provided that the Registering Authority may impose such penalty or cancel the registration, as the case may be, as provided under this Act

8. Appellate Authority.

- In case, a coaching institute is aggrieved against any orders under Section 4, 5, 6 and 7, such institute may file appeal before the Appellate Authority within thirty days against such order. The Appellate Authority shall dispose of the appeal within forty five days of filing of appeal. The decision of the Appellate Authority shall be final.Chapter - 5 Miscellaneous

9. Power of making rules and to issue notifications.

- The Government may, by notification in the Official Gazette make rules and regulations to carry out the purposes of this Act.

10. Power of rectification of doubts and difficulties.

- If any doubt and difficulties occur in the enforcement of the provisions of this Act, the Government shall issue any such clarification as may be deemed necessary for removal of doubts and difficulties under this Act or the provisions of rules made thereunder.

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