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Educational Institutions (Prohibition of Capitation Fee) Act, 1984 Preamble 1

Title: Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984

State: Karnataka

Year: 1984

THE KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE) ACT, 1984 [Act, No. 37of 1984] [20th July, 1984] PREAMBLE An Act to prohibit the collection of capitation fee for admission to educational institutions in the State of Karnataka and matters relating thereto. WHEREAS the practice of collecting capitation fee for admitting students into educational institutionsis widespread in the State ; AND whereas this undesirable practice beside contributing to large scale commercialisation of education has not been conducive to the maintenance of educational standards ; AND whereas it is considered necessary to effectively curb this evil practice in public interest by providing for prohibition of collection of capitation fee and matters relating thereto ; BE it enacted by the Karnataka State Legislature in the Thirty-fourth Year of the Republic of India as follows :- _______________________ 1. First Published in the Karnataka Gazette Extraordinary on the Ninth day of August, 1984.

Educational Institutions (Prohibition of Capitation Fee) Act, 1984 Section 3

Title: Collection of Capitation Fee Prohibited

State: Karnataka

Year: 1984

Notwithstanding anything contained in any law for the time being in force, no capitation fee shall be collected by or on behalf of any educational institution or by any person who is incharge of or is responsible for the management of such institution : Provided that subject to such rules as may be prescribed or such conditions as may be specified by general or special order, from time to time, the Government may, notwithstanding anything contained in this Act permit any educational institution established before the date of commencement of this Act and maintained or developed solely or substantially out of amounts collected as capitation fee or any class or classes of such institutions, to continue to receive such capitation fee or cash deposits in such manner, to such extent and for such period as the Government may, by order, specify, so however that such period shall not in any case extend beyond five years from such date.

Educational Institutions (Prohibition of Capitation Fee) Act, 1984 Complete Act

Title: Educational Institutions (Prohibition of Capitation Fee) Act, 1984

State: Karnataka

Year: 1984

Preamble 1 - KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE) ACT, 1984 Section 1 - Short title and commencement Section 2 - Definitions Section 3 - Collection of capitation fee prohibited Section 4 - Regulation of admission to educational institutions etc Section 5 - Regulation of fees, etc Section 6 - Regulation of expenditure and maintenance of accounts etc Section 7 - Penalties Section 8 - Offences by companies Section 9 - Power to enter and inspect Section 10 - Application of the Act to minority institutions Section 11 - Cognisance of offences Section 12 - Act to override other laws Section 13 - Protection of act done in good faith Section 14 - Power to make rules Section 15 - Validation Section 16 - Repeal and Savings etc

Educational Institutions (Prohibition of Capitation Fee) Act, 1984 Section 5

Title: Regulation of Fees, Etc

State: Karnataka

Year: 1984

.....institution shall issue an official receipt for the fee or capitation fee or deposits or other amount collected by it. (4) All monies received by any educational institution by way of fee or capitation fee or deposits or other amount shall be deposited in the account of the institution, in any Scheduled Bank and shall be applied and expended for the improvement of the institution and the development of the educational facilities and for such other related purposes and to such extent and in such manner as may be specified, by order, by the Government. (5) In order to carry out the purposes of sub-section (4), the Government may require any educational institution to submit their programmes or plans of improvement and development of the institution for the approval of the Government.

The Kerala Self Financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act. 2004 [1] Complete Act

State: Kerala

Year: 2004

.....rupees. 10. Cognizance of offence - No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by an officer authorized by the Government in this behalf by notification published in the Gazette. 11. Protection of action taken in good faith . No suit, prosecution or other legal proceedings shall lie against any member of the Committee or any officer of the Government for anything which is in good faith done or intended to be done under this Act. 12. Removal of difficulties : "(1) If any difficulty arises in giving effect to the provisions oft this Act, the Government may, by order, as occasion requires, but not later than two years from the date of commencement of this Act, do anything not inconsistent with the provisions of this Act which appears to them necessary for removing the difficulty. (2) Every, order issued under sub-section (1) shall be laid, as soon as may be after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the.....

Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act 1987 Complete Act

State: Maharashtra

Year: 1987

.....of any institution or any person who is in charge of or is responsible for the manage of such institution, has contravened the provisions of this Act or the rules made there under, the State Government may, in addition to any prosecution that may be instituted under this Act, after giving a reasonable opportunity of being heard, direct such institution or person responsible that the capitation fee collected in contravention of this Act shall be refunded to the person from whom it was collected and on its or his failure to do so, the amount together with interest thereon shall (a) in the case of an aided educational institution, be deducted from the grant-in-aid payable by the State Government to such institution; and then the same be paid to the person from whom such capitation fee was collected; and (b) in the case of an un-aided educational institution, be recovered as arrear of land revenue; and when so recovered be paid to the person from whom such capitation fee was collected. (4) The management of any educational institution or any person who is in charge of or who is responsible for, the management of such institution, demanding, collecting or accepting donations under.....

The Tamil Nadu Educational Institutions (Prohibition of Colletion of Capitation Fee) Act, 1992 Complete Act

State: Tamil Nadu

Year: 1992

.....to the management of such educational institution if he has reason to believe that there is or has been any contravention of the provisions of this Act or the rules made there under and search and inspect any record, accounts, register or other document belonging to such educational institution or of the management, in so far as any such record, accounts, register or other document relates to such educational institution and seize any such record, accounts, register or other document for the purpose of ascertaining whether there is or has been any such contravention. (2) In order to secure proper and effective utilization of the finances or resources of other assets of any educational institution in existence on the date of the commencement of this Act, it shall be competent for the Government to invoke the provisions of sub-section (1) and ascertain such finances, resources and assets of such educational institution and after such ascertainment to give such directions to the management as they deem fit. (3) The provisions of the Code of Criminal Procedure, 1973, (Central Act 2 of 1974), relating to search and seizure shall apply, so far as may be, to search and seizure.....

The Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Nonexploitative Fee and Other Measures to Ensure Equity and Excellence in Profe Complete Act

State: Kerala

Year: 2007

.....REGULATION OF ADMISSION, FIXATION OF NON-EXPLOITATIVE FEE AND OTHER MEASURES TO ENSURE EQUITY AND EXCELLENCE IN PROFESSIONAL EDUCATION) AMENDMENT ACT, 2007 An Act to amend the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non- Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006. Preamble.-WHEREAS, it is expedient to amend the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006, for the purposes hereinafter appearing; BE it enacted in the Fifty-eighth Year of the Republic of India as follows:- 1. Short title and commencement.-(1) This Act may be called the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Amendment Act, 2007. (2) It shall be deemed to have come into force on the 1st day of June, 2007. 2. Amendment of section 6.-In.....

The Kerala Self Financing Professional Colleges(Prohibition of Capitation Fees and Procedurefor Admission and Fixation of Fees) Amendment Act, 2005 [1] Complete Act

State: Kerala

Year: 2005

.....2005. (2)It shall be deemed to have come into force on the 15 th day of July, 2004. 2. Amendment of section 3.- In the Kerala Self Financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004 (17 of 2004) (hereinafter referred to as the principal Act), in the proviso to sub-section (4) of section 3, for the words, figures and symbol "not more than 15% of the seats in the Management Quota", the words and figures "not more than 15 seats in the Management Quota" shall be substituted. 3. Repeal and saving.- (1) The Kerala Self Financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Amendment Ordinance 2005 (10 of 2005), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. Kerala State Acts

Right of Children to Free and Compulsory Education Act 2009 Section 13

Title: No Capitation Fee and Screening Procedure for Admission

State: Central

Year: 2009

(1) No school or person shall, while admitting a child, collect any capitation fee and subject the child or his or her parents or guardian to any screening procedure. (2) Any school or person, if in contravention of the provisions of sub-section (1),-- (a) receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged; (b) subjects a child to screening procedure, shall be punishable with fine which may extend to twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions.