DAILY NEWS ANALYSIS

The Ministry of Education's Department of Higher Education recently introduced the "Guidelines for Registration and Regulation of Coaching Center 2024."

Guidelines for Registration and Regulation of Coaching Center 2024

• According to the guideline, a ‘coaching center’ includes a center established, run, or administered by any person to provide coaching for any study programme, competitive examinations, or academic support to students at the school, college, and university level for more than 50 students.
• Guidelines:
  • Registration process:
    • Coaching centers are required to submit applications for registration to the competent authority within their local jurisdiction, complying with specified forms, fees, and document requirements outlined by the appropriate government.
    • Notably, if a coaching center has multiple branches, each branch is considered a separate entity, necessitating individual registration.
  • Marketing Standards:
    • Coaching centers must refrain from making misleading promises or guarantees regarding ranks or marks to attract parents and students.
    • Transparency is emphasized, with coaching centers mandated to maintain an updated website containing information on tutors' qualifications, courses, curriculum details, duration, hostel facilities, and fees.
  • Student Enrolment: Students below the age of 16 are not permitted to enroll, and entry is allowed only after the completion of secondary school examinations.
  • Fee Structure:
    • Tuition fees for various courses must be fair and reasonable, with detailed receipts provided.
    • A comprehensive prospectus, displayed prominently, should include information on courses, duration, classes, tutorials, hostel facilities, fees, exit policies, and fee refund procedures.
    • Any fee increase during the course duration is strictly prohibited. This applies to both course fees and hostel-related charges.
  • Exit Policy: In the case of mid-course withdrawals, a pro-rata refund is mandated within 10 days.
  • Infrastructure Requirements:
    • Coaching centers must allocate a minimum of one square meter per student in each class.
    • Adherence to fire safety and building codes, along with obtaining Fire and Building Safety Certificates, is compulsory.
    • Proper electrification, ventilation, lighting arrangements, and security measures are essential.
    • The coaching center should also be equipped with CCTV cameras, a first aid kit, and medical assistance.
  • Study hours:
    • Classes should not coincide with school hours to ensure regular attendance.
    • Weekly offs for both students and tutors are mandatory.
    • Class sizes should align with maintaining a healthy teacher-student ratio.
  • Mental wellbeing of students:
    • Coaching centers should establish a mechanism for immediate intervention to provide targeted and sustained assistance to students in distress and stressful situations.
    • The competent authority may take steps to ensure that a counselling system is developed by the coaching centre and is easily available for the students and parents.
  • Complaint Mechanism:
    • Students, parents, or coaching center tutors/employees can file complaints against coaching centers, and coaching centers can file complaints against students/parents.
    • These complaints will be resolved within thirty days by the competent authority or an inquiry committee established for this purpose by the appropriate government.
  • Penalty: If the coaching center breaches any terms or conditions of registration or general requirements, it will face penalties: ?25,000 for the first violation, Rs 1 lakh for a second offense, and registration revocation for subsequent breaches.

Pro Rata?

Pro rata is a Latin term used to describe a proportionate allocation. It essentially translates to "in proportion," which means a process where whatever is being allocated will be distributed in equal portions. If something is given out to people on a pro rata basis, it means assigning an amount to one person according to their share of the whole.

The Central Consumer Protection Authority issues notice to Amazon for sale of sweets under the misleading name of Shri Ram Mandir Ayodhya Prasad.

• The action has been initiated based on a representation made by the Confederation of All India Traders (CAIT) alleging that Amazon is engaging in deceptive trade practices involving the sale of sweets under the guise of 'Shri Ram Mandir Ayodhya Prasad'.
• It may be mentioned that under the Consumer Protection (e-commerce) Rules, 2020 no e-commerce entity shall adopt any unfair trade practice, whether in the course of business on its platform or otherwise Further, 'Misleading advertisement' as defined under the Consumer Protection Act, 2019.

Central Consumer Protection Authority

• As provided in the Consumer Protection Act, 2019, the Central Consumer Protection Authority (CCPA) has been established w.e.f. 24th July, 2020.
• Objective: To promote, protect and enforce the rights of consumers as a class.
• Composition:
  • It will have a Chief Commissioner as head, and only two other commissioners as members — one of whom will deal with matters relating to goods while the other will look into cases relating to services.
• It will be empowered:
  • To conduct investigations into violation of consumer rights and institute complaints / prosecution,
  • Order recall of unsafe goods and services,
  • Order discontinuation of unfair trade practices and misleading advertisements,
  • Impose penalties on manufacturers/endorsers/publishers of misleading advertisements.
• Nodal Ministry: Ministry of Consumer Affairs, Food & Public Distribution.

Consumer Protection Act 2019

The Consumer Protection Act 2019 defines a consumer under Section 2(7). It states that a consumer is somebody who purchases products or services. You are not considered a consumer if you purchase goods or services for resale or a business.

Unlike the Consumer Protection Act of 1986, this definition encompasses internet transactions. It is carried out to keep up with developing technology and expand online selling and advertising.

Consumer Protection Act 2019 – Rights of Consumer

According to the Consumer Protection Act 2019, consumers have six rights which are as follows:

• Protection from products and services that endanger life and property.
• Protection from products and services that risk property and human life.
• To have access to various products or services at affordable costs.
• Information about a product’s qualities, costs, and purity will help protect you from unscrupulous practices.
• Access to a variety of goods and services at affordable pricing.
• Assurance that customer interests are represented in relevant forums.
• Combating exploitation and unjust business practices.
• To have consumer assurances assured.

Salient Features of Consumer Protection Act 2019

The new Consumer Protection Act has modified the meaning of “consumer”. According to the Act, a person who uses the services or purchases any good for personal use is referred to as a consumer. It’s important to note that a person is not regarded as a consumer if they purchase a good or use a service for resale or commercial purposes. This definition of the Consumer Protection Act 2019 includes offline and online transactions such as those made through teleshopping, direct sales, or multi-level marketing. Some salient features of the Consumer Protection Act 2019 are as follows:

Central Consumer Protection Authority (CCPA):

• The Central Consumer Protection Authority (CCPA), which would serve as a regulatory body, is proposed to be established by the Consumer Protection Act 2019.
• Consumer rights disputes involving unfair practices, false advertising, and violations of those rights will be governed by the CCPA, which will also defend, promote, and uphold such rights.
• The wide-ranging authority would be granted to CCPA.
• The CCPA will be able to take sub-divisional actions, recall items, order the price of goods or services to be reimbursed, revoke licenses, issue fines, and bring class-action lawsuits.
• The CCPA will have a division dedicated to conducting independent investigations into infringements of consumer protection laws.

Consumer Disputes Redressal Commission:

• The salient features of the Consumer Protection Act 2019 mandated that Consumer Disputes Redressal Commissions handle consumer complaints at the national, state, and district levels. As per the established rules, the State Commissions will provide the Central Government with information on vacancies, disposal, the status of cases, and other items, quarterly.

Under the Consumer Protection Act 2019, CDRCs accept the following types of complaints:

• Excessive or misleading billing.
• Unfair or limiting business tactics.
• Sale of potentially life-threatening goods and services.
• Sale of faulty products or services.
• The Consumer Disputes Redressal Commission Rules state that lawsuits up to Rs. 5 lahks can be filed without paying fees.

Online Complain Submission:

• Another important feature of the Consumer Protection Act 2019 is that it allows consumers to lodge complaints with the consumer forum that has jurisdiction over them and is situated near their residence or employment. This is in contrast to the previous requirement, which required the consumer to lodge a complaint at the store where the item was purchased or the address of the seller’s registered office.
• Additionally, the new Consumer Protection Act includes provisions that allow consumers to submit complaints electronically and conduct hearings and/or examinations of parties through videoconferencing.
• Additionally, consumers won’t need legal counsel to handle their complaints.

Disciplinary Actions & Product Liability:

• The Consumer Protection Act 2019 introduced the concept of product liability. In the future, compensation for harm or loss brought on by subpar products or services will be the responsibility of the manufacturer, product service provider, or product seller.
• The product seller, service provider, and manufacturer are all covered by this clause for any compensation claims. E-commerce platforms would also be considered product sellers.

Penalties for False Advertising:

• The CCPA may fine a manufacturer or even an endorser for making a false or deceptive advertisement. Additionally, the Consumer Protection Act 2019 allows CCPA to imprison them.

Provision for Alternative Dispute Resolution:

• As an alternative dispute resolution method, mediation is provided by the Consumer Protection Act 2019. There will be a stringent deadline established in the guidelines for mediation.
• According to the recently unveiled regulations, a Consumer Commission will send a complaint for mediation whenever there is potential for an early resolution and the parties consent. The mediation will take place in one of the Mediation Cells that the Consumer Commissions will set up. There won’t be an appeal against the mediation-based settlement.

Unfair Business Practices:

• The Consumer Protection Act has also empowered the government to take action against deceptive business practices.
• The Act adopts a broad definition of unfair trade practices, which includes disclosing personally identifiable information provided by customers in trust unless required by any other legislation.

The Central Consumer Protection Council:

• The Central Government is given the authority to create a Central Consumer Protection Council by the Consumer Protection Act 2019. It will serve as a consumer problems advisory council.
• According to the Central Consumer Protection Council Rules, the Union Minister of Consumer Affairs, Food, and Public Distribution would serve as the Council’s chairman, with the Minister of State serving as vice chairperson and 34 other members representing various industries.
• Two States from each of the five regions—North, South, East, West, and NER—will nominate a minister in charge of consumer affairs to the Council, which has a three-year term. Additionally, it is possible to form working groups among the members to complete particular tasks.

Applicability:

• Unless a specific product or service is specifically excluded from its application by the Central Government, the Consumer Protection Act 2019 applies to all goods and services.

Consumer Protection Act 2019 – Product Liability Causes

A new addition to the Consumer Protection Act 2019 is product liability, which reflects norms from the modern world. The new act includes a whole chapter devoted to product responsibility. Consumers are protected from defective goods under this clause.

• The COPRA 2019 act holds the manufacturer liable if a product does not meet specifications or is found to be defective. The Product Liability Clause also allows for liability for the service provider and the product vendor.
• When a service is poor or flawed, the provider is held accountable. If no prior warnings, negligence, or injury occurred, the service provider would be held accountable under product responsibility.
• A product seller is responsible if they exercise significant control over the product’s development, testing, packing, and labelling. Under the Consumer Protection Act 2019 provisions, they are also accountable if a product alteration causes harm to a consumer.
• The product seller is responsible for lacking assembly, maintenance, and product inspection.

The Annual Status of Education Report 2023 has been published recently by Pratham, a civil society organisation.

What is ASER?

• It is a nationwide citizen-led household survey that provides a snapshot of the status of children’s schooling and learning in rural India.
• Conducted by- Pratham, a non-governmental organisation.
• Launched- 2005
• Published- It was conducted annually until 2014 and switched to alternate year cycle in 2016.
• Basic ASER- It collects information about enrolment in pre-school and school for children in the age group of 3 to 16, and assesses children aged 5 to 16 one-on-one to understand their foundational reading and arithmetic abilities.
• ASER, 2017- For the first time it focused on the activities, abilities and aspirations of the youth aged 14 to 18 in 28 districts of the country.
• ASER 2023- It revisits 14-18 age group on collecting data and information about new domain that have emerged as important in the post pandemic world.
• Theme- Beyond Basics
• Data collection- The survey was conducted in 28 districts across 26 states in India.

What are the key highlights of the report?

• Opted streams- Most of the people in this age group were enrolled in the Arts/Humanities streams.
• Females are less likely to be enrolled in the Science, Technology, Engineering, and Mathematics (STEM) stream (28.1%) than males (36.3%).
• Vocational training- Only 5.6% of surveyed youth report taking vocational training or other related courses currently.
• Basic reading- About 25% still cannot read a Class II level text fluently in their regional language.
• Math abilities- More than half struggle with division (3 digit by 1 digit) problems.
• English ability- A little over half can read sentences in English (57.3%).
• Of those who can read sentences in English almost three quarters can tell their meaning.
• Gender based performance- Females can do better than males in reading a Class II level text in their regional language.
• Males do better than females in arithmetic and English reading.
• Across all digital tasks, such as finding and sharing videos, searching the internet, setting an alarm, and using Google maps, boys outperformed girls.
• Gender gap- Males are more than twice as likely to have their own smartphone as females.
• Mobile penetration- Close to 90% of all youth have a smartphone in the household and kn0w how to use it.
• About two-thirds of the youth reported using smartphones for educational purposes, such as watching online videos related to studies, solving doubts or exchanging notes.
• Digital literacy divide- Females are less likely to know how to use a smartphone or computer as compared to males.
• Skill deficit- The report revealed that there is a huge skill deficit among adolescents, many of them only a few years away from entering the job market.