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State of Uttarakhand - Section

Section 12 in The Uttarakhand Unaided Private Professional Education Institution (Regulation of Admission and Fixation of Fee) (Amendment) Act, 2018

12. Amendment of Section 13.

- Section 13 of the principal Act shall be substituted as follows, namely-"If any person to private institution violates the provisions of this Act, the Admission and Fee Regulatory Committee or Appellate Authority may take one or more of the following action against such institution/person-
(a)Direct the withdrawal of affiliation of such institution from the statutory body with which such institution is affiliated or recognised or direct the appropriate authority to withdraw the recognition of such institution.
(b)Direct the statutory body, university or board which grants degrees, diplomas or certificates to such institution to cancel the admission and registration of such students admitted in violation of this Act.
(c)Direct the institution to admit any students to whom admission has wrongly been denied due to non-compliance of the provisions of this Act.
(d)Impose financial penalties for each violation of the Act which shall not be less than Rupees Ten lakh per violation and which shall be recovered by the State Government as arrears of land revenue.
(e)Impose penalty in case of charging fee in excess of prescribed fee by the cpncerned private institution which can be up to five to ten times of excess fee charged pre person/student. The minimum amount of penalty shall be 10 lac.
(f)Order the institution to refund to a student within such time as specified in the order, any amount received by it in excess of the fees fixed by the Committee or any amount received by way of capitation fee or any amount received for profiteering:
Provided that if the institution fails to refund the amount within the specified time to the student, the same shall be recoverable along with cumulative interest thereon at the rate of 12 per cent per annum as an arrear of land revenue and paid to the student.
(g)Order the institution to stop admission or reduce the sanctioned intake in any professional course for such period as it may deem fit.
(h)All such directions or orders shall be binding on private institutions:
Provided that, before any action is taken as mentioned above, a reasonable opportunity of hearing shall be provided to such person or institution by the admission and fee regulatory committee and or appellate authority.".