Section 8 in Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017
8. [ Powers and functions of the Admission Supervisory Committee. [Inserted by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.]
(1)The Admission Supervisory Committee shall exercise the following powers and perform the following functions, namely: -(a)on receipt of a complaint regarding the admission made in contravention of the provisions of this Act or the rules made thereunder, to inquire into the admission made by any private medical educational institutions in contravention of such provisions or the collection of fee exceeding the fee determined as per the provisions of this Act or the realisation of capitation fee or the profiteering and cause inspection of the institution for the purpose of making inquiry, on the basis of the said complaint or suo moto;(b)to take appropriate action, after conducting an inquiry under clause (a), on an inspection report prepared by the department concerned on the direction of the Government or the University concerned or the appropriate authority:(c)if satisfied that there has been any violation by such institutions of the provisions of this Act or the rules made thereunder regarding admission, recommend to the Government to take the following actions against such institution, namely: -(i)impose a monitory fine up to ten lakh rupees on the institution together with interest thereon at the rate of twelve per cent per annum which shall be recovered as if it were an arrear of public revenue due on land;(ii)declare admission made in any or all the seats in an institution, in contravention of the provisions of this Act or the rules made thereunder invalid, and thereupon take necessary action causing the institution to forthwith cancel the admission of such student and the University concerned to cancel the enrolment of such student and cancel his results of examinations concerned in which the student has already appeared;(iii)order the institution to stop admission or reduce the sanctioned intakes in any medical course for such period as it may deem fit;(iv)recommend to the University or the appropriate authority to withdraw the recognition of the institution;(v)any other course of action, as it deems fit.(2)The Admission Supervisory Committee shall ensure that the admission in a private medical educational institution is done in a fair and transparent manner.(3)The Admission Supervisory Committee 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 discovery and production of any document:(c)receiving evidence on affidavit; and(d)issuing commissions forthe examination of witnesses and for local inspections.][8A] [Renumbered 'section 8' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.]. Powers and functions of the [Fee Regulatory Committee] [Substituted 'Committee' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.].(1)The Committee shall exercise the following powers and perform the following functions, namely:-(a)require a private medical educational institution to furnish, within a specified date, information, documents or records as may be necessary for enabling the [Fee Regulatory Committee] [Substituted 'Committee' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.] to determine the fee that may be charged by the institution in respect of each medical course, [***] [Omitted 'and the fee so determined by the Committee shall be valid for such period as may be notified by the Government' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.];[***] [Omitted '(b)' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.](c)hear complaints with regard to admission in contravention of the provisions of this Act or the rules made thereunder either on receipt of a complaint or suo motu and shall,-[***] [Omitted 'its item and proviso' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.](2)The [Fee Regulatory Committee] [Substituted 'Committee' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.] 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 examination of witnesses and for local inspections.(3)The fee determined by the [Fee Regulatory Committee] [Substituted 'Committee' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.] shall be applicable to a student who is admitted to a private medical educational institution in that academic year and shall not be revised till the completion of his course in the said institution or University. No private medical educational institution shall collect a fee amounting to more than one year's fee from a student in an academic year. Collection of more than one year's fee in an academic year shall be construed as collecting of capitation fee and shall be liable to be proceeded against.(4)The [Fee Regulatory Committee] [Substituted 'Committee' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.] may, if it is satisfied that there has been any violation by such institution of the provisions of this Act or the rules made thereunder regarding [***] [Omitted 'admission or' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.]fees, it may recommend to the Government to take the following actions against such institution, namely: -(a)impose a monetary fine up to ten lakh rupees on the institution together with interest thereon at the rate of twelve per cent per annum which shall be recovered as if it were an arrear of public revenue due on land;[***] [Omitted '(b)' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.](b)[] [Relettered '(c)' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.] order the institution to refund to the student within such time as specified in the order, any amount received by the institution in excess of the fees fixed by the [Fee Regulatory Committee] [Substituted 'Committee' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.] 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 interest thereon at the rate of twelve per cent per annum as if it were an arrear of public revenue due on land and paid to the student;[***] [Omitted '(d)' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.](c)[] [Relettered '(e)' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.] recommend to the University or the appropriate authority to withdraw the recognition of the institution;(d)[] [Relettered '(f)' by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.] any other course of action, as it deems fit.(5)[ Before recommending to the Government to initiate actions under subsection (4) the institutions shall be given a reasonable opportunity of being heard.] [Substituted by Notification No. 4573/Leg.H1/2019/Law, dated 28.6.2019.]
