Section 5 in 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
5. Collection of capitation fee prohibited.
(1)No capitation fee shall be collected by or on behalf of an unaided professional college or institution or by any person who is in charge of or is responsible for the management of such college or institution from or in relation to any candidate in consideration of his or her admission to or continuance in any course of study or his or her promotion to a higher class in such college or institution under the management.(2)Where the Admission Supervisory Committee on receipt of any complaint or is otherwise satisfied that the management of an unaided professional college or institution or any person who is in charge of it or is responsible for the management of such college or institution has violated the provisions of sub-section (1), the Admission Supervisory Committee may after due enquiry recommend to the Government for taking penal action against the management.(3)The Admission Supervisory Committee shall have the power to regulate its own procedure in all matters arising out of the discharge of its functions, and shall, for the purpose of making any enquiry under this Act, have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 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;(c)receiving evidence on affidavit; and(d)issuing commissions for the examinations of witnesses and for local inspections and any proceeding before such committee shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 and for the purposes of section 196 of the Indian Penal Code (Central Act 45 of 1860).
