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State of Odisha - Section

Section 4 in The Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007

4. Composition and functions of the Policy Planning Body.

(1)The Government shall constitute a body to be known as the Policy Planning Body consisting of following members nominated by it, namely :-
(a)The Secretary to Government, Industries Department, who shall be the Chairperson;
(b)The Secretary to Government, Health and Family Welfare Department;
(c)The Secretary to Government, Higher Education Department;
(d)Vice-Chancellor, BPUT;
(e)A person having experience in administering admission and examination of a joint entrance in professional education;
(f)Director, Medical Education and Training, Orissa;
(g)Director, Technical Education and Training, Orissa who shall be the Member-Secretary; and
(h)Two members from the Orissa Legislative Assembly to be elected from among themselves.
(2)The Chairperson of the Policy Planning Body shall have the power to co-opt two persons having experience in the field of health, education or administration, to the body.
(3)The terms and conditions of service of the members of the Policy Planning Body shall be such as may be prescribed.
(4)No person who is associated with any private professional educational institution shall be eligible for being a member of the Policy Planning Body.
(5)A member of the Policy Planning Body shall be removed if he does any act which, in the opinion of the Government, is unbecoming of a member of such body and the member so removed, shall not be re-nominated to the body;Provided that no such member shall be removed from the body without being given an opportunity of being heard.
(6)The Policy Planning Body shall perform the following functions, namely :-
(a)regulate the admission;
(b)formulate policy guidelines for holding JEE;
(c)constitute one or more sub-committees for efficient discharge of its functions in the matter of examination and admission;
(d)formulate and recommend the reservation policy to Government for approval, which shall be with regard to reservation of seats in favour of Scheduled Castes, Scheduled Tribes, SEBC, green card holders, Ex-servicemen, sports persons and physically handicapped persons;
(e)determine the eligibility criteria and qualifying examination required for admission; and
(f)perform such other functions as may be prescribed.
(7)The Policy Planning Body shall supervise and guide the entire process of admission of students to the Government Institutions, private professional educational institutions and sponsored institutions with a view to ensuring that the process is fair, transparent, merit-based and non-exploitative.
(8)The Policy Planning Body may hear complaints with regard to admission in contravention of the provisions of this Act or rules or orders or guidelines made thereunder and if the Policy Planning Body after making enquiry, in the manner prescribed, finds that there has been any such contravention in admission on the part of any private professional educational institution, it shall make appropriate recommendations to the Government for imposing fine on such institution and the Government may on receipt of such recommendation, impose fine not exceeding rupees ten lakhs on such institution in case of each such contravention.
(9)The Government shall collect the fine along with the interest thereon in such manner and subject to such conditions as may be prescribed.
(10)In addition to the penalty that may be imposed under Sub-section (8), the Policy Planning Body may also -
(a)declare the admission made in respect of any or all seats in a particular professional educational institution to be invalid;
(b)recommend to the University or Statutory body concerned for withdrawal of affiliation or recognition, as the case may be, of such institution.
(11)The Policy Planning Body shall have the power to regulate its own procedure in all matters arising out of discharge of its functions, and shall, for the purpose of making any inquiry under this Act, have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely :-
(a)summoning and enforcing the attendance of any witness and examining him on oath;
(b)requiring the discovery and production of any document; and
(c)receiving evidence on affidavit and issuing commissions for the examination of witnesses and for local inspections.
(12)Any proceeding before such body shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the Indian Penal Code, 1860.