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[Cites 0, Cited by 2] [Entire Act]

State of Uttarakhand - Section

Section 4 in Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006

4. Composition, Disqualifica-tion and functions.

- [(1) The State Government shall constitute an Admission and Fee Regulatory Committee comprising:-
(a) Retired Judge of High Court of nominated by theState Government - Chairman
(b) Principal Secretary/Secretary, Medical Education(Ex-Officio) - Member
(c) Principal Secretary/Secretary, TechnicalEducation (Ex-Officio) - Member
(d) Principal Secretary/Secretary, Law (Ex-Officio) - Member
(e) A Retired Government Officer retired from a postnot below the rank of Secretary to the State Government nominatedby the State Government - Member
(f) One Ex-Vice- Chancellor of the State Universitynominated by the Governor - Member
(g) Two Eminent Educationist nominated by the StateGovernment - Member
(h) A renowned Chartered Accountant as defined inthe rules nominated by the State Government - Member
(i) Principal Secretary/Secretary, Higher Education(Ex-Officio) - Member Secretary.]
(2)[ The committee shall come into force from the date of its notification and the term of office of the nominated members shall be 03 years from the date of nomination or until they attain 65 years of age, whichever is earlier;] [Substituted by section 3 of Uttarakhand Act No. 20 of 2010.]Provided that the term of office of the Chairman of the The Admission and Fee Regulatory Committee shall be for a period of three years or until the attainment of age of 68 years whichever is earlier and in case of any vacancy arising earlier in the Committee, for any reasons, the State Government shall fill such vacancy, not later three months from the date of occurance vacancy, for the remainder of the term.
(3)No act or proceeding of the Committee shall be deemed to be invalid by the reason merely of any vacancy in, or any defect in the constitution of the committee.
(4)[ No person, who is associated with any private institution in any manner, shall be eligible for being as Chairman or a member of the Admission and Fee Regulatory Committee.] [Substituted by section 4 of UK Act no 26 of 2018.]
(5)[ (i) The Chairman or a Member may, by writing under his hand addressed to the State Government, resign from the office of the Chairman or a Member, as the case may be, at any time.
(ii)The State Government shall remove a person from the office of the Chairman or a Member referred to in sub-section(i) if the person :-
(a)becomes an undischarged insolvent;
(b)is convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude;
(c)refuses to act or becomes incapable of acting;
(d)has, in the opinion of the State Government, so abused the position of the Chairman or any Member as to render that person's Continuance in office detrimental to the public interest or the Chairman or any Member of the Committee shall be removed, if he performs any act, which in the opinion of State Government is unbecoming of Chairman or member of the Committee;]
Provided that, no such Chairman or any member shall be removed by the State Government without giving him an opportunity of being heard.
(6)The Chairman shall preside over the meeting of the committee and in absence of Chairman the committee shall choose one of its members for chairing that particular meeting and the Committee may adopt its own procedure as it deems fit.
(7)[***] [Substituted/repeal by section 4 of UK Act no 26 of 2018.]
(8)[ The Committee shall also hear complaints with regard to admission in contravention of the procedure laid down by the Committee. The Committee, after obtaining the evidence and explanation from the management concerned may take decision that the private institution has violated the procedure prescribed for admission or not. The committee may impose penalties.] [Substituted/repeal by section 4 of UK Act no 26 of 2018.]
(9)The Committee shall have the power to regulate its own procedure not in consistent with the provisions of this Act in all matters arising out of the 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)The discovery and production of any document.
(c)The reception of evidence on affidavits.
(d)The issuing of any commission for the examination of witness.
(10)[ The committee or any officer authorized by it shall have power to inspect at any stage of the process of admission. If the committee arrives at the opinion that the admission process conducted by the private institution contravenes the specified procedure, the committee, after giving an opportunity of being heard may, penalize the institution.] [Substituted/repeal by section 4 of UK Act no 26 of 2018.]
(11)[***] [Substituted/repeal by section 4 of UK Act no 26 of 2018.]
(12)[ The Committee shall determine the fees for admission to professional courses of private institutions.] [Substituted/repeal by section 4 of UK Act no 26 of 2018.]
(13)[ Before the commencement of the academic year, it shall be compulsory for every private institution to place before the committee the proposed fee structure of professional courses with all relevant documents and books of accounts for determination of fees.] [Substituted/repeal by section 4 of UK Act no 26 of 2018.]The committee after considering all the documents placed before it, shall determine the fee within one month maximum.In case the proposal for fixation of fee for professional courses is not placed before the committee, the private institution shall not run the course. Therefore the private institution shall not give admission in such course.
(14)[ The fee determined by the committee shall be applicable on the private institution for a period of three years. After the expiry of the period of three years, the institution would be at liberty to apply for revision. The fee so determined shall be applicable to a candidate who is admitted to an institution in that academic year and that fees shall not be revised till the completion of his/her course in the said private institution.] [Substituted/repeal by section 4 of UK Act no 26 of 2018.]
(15)[ The committee may enquire the following matters with regard to private institutions :-
(a)Complaints with regard to collection of capitation fee.
(b)Fee charged in excess of the fee determined.
(c)Profiteering.
(d)Violation of any of the provisions of this Act.
In all such cases, the committee, after obtaining evidence and the explanations from the management concerned may issue directions or forward appropriate recommendations including withdrawal of affiliation to concerned university or imposition of penalty by the State Government after necessary action.] [Substituted/repeal by section 4 of UK Act no 26 of 2018.]
(16)The State Government shall notify the remuneration and terms and conditions of service of the members of the committee.Chapter - III Fixation Of Fee