(l) The Government shaJI 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 NRls, payments of salary of staff, purchase of machinery and equipments, furniture, laboratory articles, sports equipments, library books, stationary and other expenditure incuITcd 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 time~ 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.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 18, 2018 2149
CHAPTER IV CONTRA VENTlONS AND PENAL TIES Contravention 15. (I) For contravention of any of the provisions of this Act or the rules and penalties.
Bar of jurisdiction of civil court.
. Power of State Government to give directions.
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 Goverruncnt for the first contravention;
(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) 'fbe amount of fine and the amount of refw1d shall be paid within fifteen days from the receipt of the order, failing which fine of one per cent 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.
16. No Civil Coun shall have the jurisdiction to deal v.rith 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.
CHAPTER V MISCELLANEOUS
17. 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 canying out 2150 Operation of other laws.
Protection of action taken in good faith.
Members of Committee, officers and employees to be public servant.
Power to remove difficulties.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 18, 2018 the purposes of this Act or for giving effect to any of the provisions contained therein or in any rules or orders made thereunder an<l the management of the non-government educational institution shall be bound by such directions.
18. 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.
19. No suit, prosec11tion or other legal proceeding shall be instituted against the Fee Regulatory Committee and Fee Revision Committee or the members thereof, Government or any officer, aulhority or person empowered to exercise the powers or perform the functions by or wider this Act for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
20.
21.
All the members of the Fee Regulalory 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 Act No.
rules made thereunder, be deemed to be a public servant within the 45 of meaning of section 21 of the lndian Penal Code, 1860. 1860 ( 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 [t 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 (I) shall be laid, as soon as may be, after 1t is. made, before the State Legislature.
Power to make 22. (I) The State Government may, by notification in the Official Gazette, rules. 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:- •.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 18, 2018 2151
(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 (I ) of section 1 O;
(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 r~gulate the maintenance of accounts by the non-government educational institution under sub-section ( l) 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 sessiori 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.
Guwahati :- Printed and Published by the Dy. Director (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21.
Ex. Gazette No. 507 - 300 + 10 - 18 - 05 - 2018 . (visit at--dpns.assam.gov.in)