Section 6 in The Maharashtra Educational Institutions (Regulation of Fee) Act, 2011
6. Regulation of fees in private un-aided schools and permanently un-aided schools.
(1)The management of the private un-aided schools and permanently un-aided schools shall be competent to propose the fees in such schools.(1A)[ The management of private unaided schools and permanently unaided schools may choose to declare at the time of admission to the students, the standard-wise fee structure for all the standards i.e. from first standard to the tenth standard or in parts, that is to say first part comprising of standards first to fifth and the second part comprising of sixth to tenth standards, to the parents. If the fee structure is declared for a part, then, fee structure for remaining part shall be declared at least before one year of commencement of that academic year. Such fee structure as declared by the school shall be binding on all concerned. The management of the school shall also display the fee structure on the notice board and on the official website of the school.(1B)The management of private unaided schools and permanently unaided schools who does not choose to declare the fee structure as per the provisions under sub-section (1A) shall be eligible to propose the fee in the school which shall not be more than previous academic year fee plus an amount of fifteen per cent. of the said fee :Provided that, the private unaided schools and permanently unaided schools may increase the fee after two years from the date, the fee approved by the Executive Committee or Divisional Fee Regulatory Committee, as the case may be.(1C)The management of the school may increase the fee provided in the fee structure as mentioned in sub-section (1A) or propose the fee higher than the rate as provided in sub-section (1B) or before two years as provided in the proviso to sub-section (1B), in unforeseen events, with the approval of 76 per cent.of parents or approval of the Executive Committee by furnishing reasons or circumstances thereof.] [Inserted by Maharashtra Act No. 28 of 2019, dated 26.8.2019.](2)On the formation of the Executive Committee, the management of the school shall submit the details of the proposed fee along with the relevant record to the Executive Committee for its approval at least six months before the commencement of the next academic year. While giving the approval, the Executive Committee shall have the authority to decide the amount of fee afresh.(3)After considering all the relevant factors laid down under section 9, the Executive Committee shall approve the fees within a period of thirty days from the date of receipt of the details of the proposed fee and the record under sub-section (2) and communicate the details of the fee so approved in writing to the management forthwith. The details of the fee so approved by the Executive Committee shall be displayed on the notice board in Marathi, English and in the respective medium of school, and if such school has its own website, it shall be displayed on the same, and it shall be binding for two academic years.(4)If the Executive Committee fails to decide the fees within the period specified in sub-section (3), the management shall immediately refer the matter to the Divisional Fee Regulatory Committee for its decision under intimation to the Executive Committee in such manner as may be prescribed. [During the pendency of the reference, the management may, till the final decision of the Divisional Fee Regulatory Committee, collect the fee same as that of the previous academic year plus fifteen per cent. increase in such fee, or, the proposed increase fee, whichever is less.] [Substituted by Maharashtra Act No. 28 of 2019, dated 26.8.2019.][Provided that, if the fee is decided under sub-section (4) is higher than the fee collected by the management from the parents, in such case, no penal interest shall be recovered from the parents.] [Added by Maharashtra Act No. 28 of 2019, dated 26.8.2019.](5)[ If,(a)the management is aggrieved by the decision of the Executive Committee, it may prefer an appeal, within thirty days from the date of receipt of the decision of the Executive Committee, to the Divisional Fee Regulatory Committee;(b)the parents are aggrieved by the decision of the Executive Committee or the fee increased by the management, the aggrieved parents group may prefer an appeal, alongwith a duly signed form by each aggrieved parent authorizing the filing of such appeal within thirty days from the date of receipt of the decision of the Executive Committee or the school management, to the Divisional Fee Regulatory Committee :Provided that, the Divisional Fee Regulatory Committee may entertain such appeal or reference after the expiry of the period of thirty days, but not more than the sixty days if it is satisfied that there are sufficient reasons for not preferring an appeal or reference within time.] [Substituted by Maharashtra Act No. 28 of 2019, dated 26.8.2019.](6)(a)The Divisional Fee Regulatory Committee shall decide the appeal or reference as far as possible within the period of ninety days from the date of its filing after giving the opposite party an opportunity of being heard.(b)While deciding the appeal or reference, the Divisional Fee Regulatory Committee shall not grant any stay to the fee proposed by the management or, as the case may be, the fee approved by the Executive Committee.(c)On decision in appeal or reference, the Divisional Fee Regulatory Committee may pass appropriate orders for refund of the excess fee to the student concerned. In case the management fails to refund the excess fee to such student, the Divisional Fee Regulatory Committee shall proceed to recover such excess fee from the management as arrears of land revenue and pay the same to such student.(d)The decision of the Divisional Fee Regulatory Committee in appeal or reference shall be displayed on the notice board of the concerned school, and if such school has its own website, it shall be displayed on the same by the management.(7)The management or the Executive Committee aggrieved by the decision of the Divisional Fee Regulatory Committee in appeal or reference may, within thirty days from the date of such decision, prefer an appeal before the Revision Committee in such manner as may be prescribed.
