Section 6 in Delhi Professional Colleges or Institutions Prohibition of Capitation Fee Regulation of Admission Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence Act, 2007
6. Fee Regulatory Committee.
(1)The Government, by notification in the official Gazette, shall constitute a Fee Regulatory Committee, for determination of the fee for pursuing course in an institution, consisting of the following members, namely:-(i)A person retired from a post not less than the Secretary of the Government - Chairperson ;(ii)a Chartered Accountant of repute (to be nominated by the Chairperson) - Member;(iii)a representative of Medical Council of India or All India Council of Technical Education, depending on institution, as the case may be - Member,(iv)One of the Vice Chancellors of a University or his representative - Member;(v)Secretary, Department of Technical Education - Member;(vi)Secretary, Department of Health - Member;(vii)Secretary, Department of Higher Education - Member Secretary (ex-officio);(viii)Any other person as may be notified by the Government;(2)The Fee Regulatory Committee shall adopt its own procedure for the conduct of its business:Provided that the Fee Regulatory Committee shall give a reasonable opportunity of being heard to an institution before determining the fee to be fixed for a course of study of such institution and recommending the fee for such institution in each course of study, to the Government.(3)The Government, after receipt of the recommendations under sub-section (2) and subject to its satisfaction, shall notify the fee determined by the Fee Regulatory Committee:Provided that the Government may refer back the matter to the Fee Regulatory Committee along with its observations for re-consideration and during the intervening period, the institution shall charge the fee as determined by the Fee Regulatory Committee.(4)The term of office of the Chairman, and the members of the Committee (other than the ex officio members and members filling casual vacancies) shall be three years, commencing on the day following the publication of the list of members under sub-section (1):Provided that the term of the members of the Fee Regulatory Committee may be extended by the Government by notification in the official Gazette for a period not exceeding six months at a time but, in any case, not exceeding beyond a total period of one year.(5)The term of office of the Chairperson shall be co-terminus with the term of the Committee and no person shall hold office of the Chairperson for more than two consecutive terms.(6)Any casual vacancy in the office of the Chairperson or a member shall be filled for the remainder of the term in accordance with sub-section (1) or sub-section (2), as the case may be.(7)The Fee Regulatory Committee may adopt its own procedure for the conduct of its business.(8)The number of members required to make a quorum at any meeting of the Fee Regulatory Committee shall be one- third of its members.(9)All matters shall be decided by a majority of votes of the members present and, in the event of an equality of votes, the Chairperson or other person presiding shall have a casting vote.(10)No act or proceedings of the Fee Regulatory Committee shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.(11)The allowances payable to and the other terms and conditions of service of the Chairperson and the may be prescribed.(12)The Fee Regulatory Committee shall have power to-(a)require each institution, to place before it, the proposed fee structure of such institution with all relevant documents and books of accounts for scrutiny well in advance of the commencement of the academic year, that is to say, not later than 31st December of the previous academic year;(b)verify the fee proposed by such institution, whether it is justified and it does not amount to profiteering or charging of capitation fee;(c)approve the fee structure or determine some other fee which can be charged by the institution.(13)The fee notified by the Government shall be valid for three years:Provided that the Government may extend the validity of such fee for a further period as may be notified.(14)No person, associated with any institution, shall be eligible for being appointed as a Chairperson or member of the Fee Regulatory Committee.(15)The Chairperson or a member of the Fee Regulatory Committee shall be removed if he does any act which, in the opinion of the Government, is unbecoming of a member of such Committee. The Chairperson or a member so removed shall not be eligible for appointment to the Fee Regulatory Committee:Provided that no such Chairperson or member shall be removed from such Committee without providing an opportunity of being heard.(16)The Fee Regulatory Committee shall have the power to regulate its own procedure in all matters arising out of and/or incidental to 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 (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 examination of witnesses and for local inspections and any proceeding before such Committee 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 (45 of 1860).
