Maharashtra Pre School Centres (Regulation of Admission) Act, 1996 Complete Act - Bare Act

(As amended by Mah. Act No. IX of 1999)

First published, after having received the assent of the Governor, in the "Maharashtra Government Gazette" on the 2nd May 1997, Mah. G.G. Part VIII (Ext. Ord.), p.3.

AN ACT to provide for compulsory registration of Pre-School Centres by whatever name called in the State of Maharashtra and to lay down the admission procedure and ban on prescription of books by them, and to provide for matters connected therewith or incidental thereto.

WHEREAS it was expedient to have a special law in the State of Maharashtra to provide for compulsory registration of the Pre-School Centres, by whatever name called, in the State of Maharashtra and to lay down the admission procedure and ban on prescription of books by them, and to provide for matters connected therewith or incidental there to; It is hereby enacted in the Forty-seventh Year of the Republic of India as follows;--

(1) This Act may be called the Maharashtra Pre-School Centres (Regulation of Admission) Act, 1996.

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

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,

(a)" admission" means formal permission given by the Pre-School Authority to a child to attend the Pre-School Centre on the working days during the academic year;

(b)" Appropriate Authority" means the Education Officer (Primary Education) of the concerned Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962) or the Administrative Officer of the Municipal School Board of the concerned Municipal Council constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 ( Mah. XL of 1965) or the Education Officer of the concerned Municipal Corporation constituted under the Mumbai Municipal Corporation Act, the City of Nagpur Corporation Act, 1948 Bom. III of 1888) (C.P and Berar 11 of 1950) or, as the case may be, the Bombay Provinicial Municipal Corporations Act, 1949 (Bom LIX of 1949);

(c)"Child" or "Children means the child who has or the children who have attained the age of three years but has not or have not attained the age of five years;

(d)" Management" means the person, or a group of persons authorised to manage a Pre-School Centre, under the provisions of the Bombay Public Trusts Act, 1950 Bom XXIX of 1950) or the Societies Registration Act, 1860 (XXI of 1960);

(e)"Neighbouring residential area" means a neighbouring area declared as such by the Management of the Pre-School Centre;

(f)"Pre-School Authority" means the Principal or Head or Incharge of a Pre-School Centre duly authorised by the Management of the Pre-School Centre for the purposes of day to day management, administration and running of the Pre-School Centre and for giving admission to children in the Centre;

(g)"Pre-School Centre" means a private Shishu Kendra, Balwarg, Balwadi or Kindergarten or any other Private Pre-School Centre, by whatever name called, which is run for imparting preschool informal education to the children.

Notwithstanding anything contained in any other law for the time being in force, the Madindient or the Pre-School Authority of every Pre-School Centre shall register the Pre School Centre in existence on the date of commencement of this Act or stated thereafter with the Appropriate Authority in the manner provided in section 4.

(l)The Management or the Pre-School Authority of every Pre-School Centre shall submit a memorandum in the form specified in the Schedule hereto annexed duly signed by the person authorised in this behalf by such Management or the Pre-School Authority, to the Appropriate Authority,--

(a) within sixty days from the date of commencement of this Act is case of a Pre-School Centre in existence on such date; and

(b) within sixty days from the date on which a Pre-School Centre has been opened, after the date of commencement of this Act.

(2) The Memorandum shall be accompanied by a fee of rupees five hundred.

(3) The Appropriate Authority shall maintain a register of all such Pre-School Centres

(4) The Management or the Pre-School Authority of every Pre-School Centre, shall, inform the Appropriate Authority' at the end of every academic year, changes if any, in the information furnished in the Memorandum submitted by it under sub-section (1).

The Management or the Pre-School Centre shall give admission in such centre to the children from the neighbouring residential area on priority, irrespective of their religion, race, caste, or sex, to the extent of eighty per cent. of the total intake capacity of such centre and may give admission for the remaining twenty per cent, of the total intake capacity, at its discertion :

Provided that, if the number of applications for admission from the neighbouring residential area for an academic year exceeds the seats available for such admission, the Management or the Pre-School Authority of the Pre-School Centre shall give admission to the children by drawing lots by random method :

Provided further that, if the number of applications for admission to Pre-School Centre from the neighbouring residential area is less than the seats available for such admission, the children from the other seats shall be given admission by drawing lots by random method.

The Management or the Pre-School Authority of a Pre-School Centre shall not conduct any interview or oral test or written test of a child or its parent, for the purpose of giving admission to the child in the Pre-School Centre.

The Management or the Pre-School Authority of a Pre-School Centre shall not prescribe any specific book, set of books or booklets for informal pre-school education for the children admitted in the Pre-School Centre.

(1)Where the Appropriate Authority, on receipt of any complaint or otherwise is satisfied that the Management or the Pre-School Authority of any Pre-School Centre or any person who is incharge of, or is responsible for, the conduct of a Pre-School Centre has contravened any of the provisions of this Act, the Appropriate Authority may, hold or may authorise any officer not below the rank of a Groups A Gazetted Officer, to hold an enquiry into the alleged complaint or into the affairs of such Pre-School Centre, and for submission of a report in that behalf.

(2) The officers, servants or members of any Pre-School Centre shall furnish any such information in their possession in regard to the affairs or the proceedings of the Pre-School Centre, as the Appropriate Authority or, as the case may be, the officer authorised in sub-section (1) may require them to furnish.

(3) The Appropriate Authority or the officer authorised in sub-section (1), while holding an enquiry, shall have the powers to summon and enforce the attendance of any office bearer, servant, member, the Management, or the Pre-School Authority and to compel him to give evidence and to produce documents by the same means and as far as possible in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908 (V of 1908).

(4) On completion of the enquiry under this section, on being satisfied after perusal of the enquiry report that there was contravention of any of the provisions of this Act or the rules made thereunder, it shall be competent for the Appropriate Authority to prosecute the Management or the Pre-School Authority or the concerned person incharge of or responsible for the conduct of the Pre-School Centre for such contravention.

Whoever contravenes any of the provisions of this Act, or the rules made thereunder, shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which shall not be less that five thousand rupees and which may extend to ten thousand rupees or with both.

Where in a trial of an offence under this Act, the Magistrate is of opinion that there was no reasonable ground for making the accusation, he may proceed to take action against the complainant or the informant under section 250 of the Code of Criminal Procedure, 1973 (If of 1974).

No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of Government or Zilla Parishad of Municipal Council or the Municipal Corporation for anything which is in good faith done or intended to be done under this Act.

(l) The State Government may, by notification in the Official Gazette, and subject to the condition of pervious publication, make rules for carrying out the purposes of this Act.

(2) Every rule made under the Act shall be laid, as soon as may be , after it is made before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if , before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rules or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification, have effect only in such modified form or be of no effect, ad the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Memorandum for Registration of a Pre-School Centre

1. Name of the Pre-School Centre

2. Address :

3. Name and address of---

(a) The Management of Pre-School Centre

(b) The Pre-School Authority :

4.Information about registration of the Management of the Pre-School Centre under the

Bombay Public Trust Act, 1950 and/or the Societies Registration Act, 1860 :

5. Date of starting of the Pre-School Centre

6. Age of children specified for admission to the Pre-School Centre---

(a) Minimum

(b) Maximum

7. Total number of intake capacity of the Centre

8. Admissions given during the current academic session according to age---

(a) upto four years :

(b) between four and five years

(c) between five and six years

9. Daily working hours of the Pre-School the Pre-School Centre :

10. Details of the teaching staff appointed in the Pre-School Centre :

Qualifications

Serial

(1)

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11. Physicial and other facilities provided for the Pre-School Centre :

Signature of the Authorised Officer of the Management of the Pre-School Centre/ Pre-School Authority.