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Section 2: Definitions.

The Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987State Act of Maharashtra · Act 6 of 1988

In this Act, unless the context requires otherwise,-

(a) "capitation fee" means any amount, by whatever name called, whether in cash or kind, [* * *] in excess of the prescribed or, as the case may be, approved, rates of fees regulated under section 4;

[(aa) "Deputy Director" means the Deputy Director of Education or any Officer co-designated as such by the State Government, working under the Director of Education, Director of Higher Education, Director of Technical Education, Director of Medical Education or Director of Vocational Education, or any other Directorate of the State Government entrusted with the task of supervision of educational institutions imparting any kind of education in the State;]

(b) "educational institution" or "institution" means a school (including Kindergarten, Pre-primary, Balwadi or Nursery School), a college or an institution, by whatever name called or a part thereof, whether managed by Government, local authority, a University or a private management including educational institution established and administrated by any minority and imparting education and training, exclusively or as one of the various activities, whether technical, professional, vocational or otherwise, and includes any other institution, or a part thereof, as the State Government may, by notification in the Official Gazette, specify; but excludes coaching class, by whatever name called;

(c) "Local Authority",-

(i) in relation to an educational institution managed by a Zilla Parishad, means the Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962);

(ii) in relation to an educational institution managed by a Municipal Corporation, means the Municipal Corporation constituted under the Bombay Municipal Corporation Act (Bom. III of 1888), the City of Nagpur Corporation Act, 1948 (C. P. and Berar II of 1950) or, as the case may be, the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949);

(iii) in relation to an educational institution managed by a Municipal Council, means the Municipal Council constituted under the [Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships] Act, 1965;

(d) "management",-

(i) in the case of an institution managed by the State Government, means the State Government;

(ii) in the case of an institution managed by a local authority, means that local authority;

(iii) in the case of an institution managed by a University, means that University; and

(iv) in any other case, means the managing committee or the governing body by whatever name called, of an educational institution to which the affairs of that institution are entrusted and, where such affairs are entrusted to any person whether called as Secretary, Correspondent or by any other name or designation, includes such person;

(e) "minority educational institution" means an institution established and administrated by a minority having a right to do so under clause (1) of article 30 of the Constitution of India;

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

(g) "rules" means the rules made under this Act;

(h) "University" means a university constituted under any law for the time being in force.

Where this provision sits

ActThe Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987
Section2
Marginal noteDefinitions.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted, Mah. 24 of 1996. The words "paid or collected, directly or indirectly" were deleted by Mah. 24 of 1996, s. 2(a).
  • inserted, Mah. 24 of 1996. Clause (aa) was inserted by Mah. 24 of 1996, s. 2(b).
  • other, Mah. 25 of 1996. The short title was amended as "Mumbai Municipal Corporation Act" by Mah. 25 of 1996, Sch.
  • repealed, Mah. 23 of 2012. This Act was repealed by Mah. 23 of 2012, s. 7.
  • other, Mah. 23 of 2012. The short title was amended as "the Maharashtra Municipal Corporation Act" by Mah. 23 of 2012, s. 4.
  • substituted, Mah. 24 of 1996. These words were substituted for the words "Maharashtra Municipalities" by Mah. 24 of 1996, s. 2(c).

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