Section 4 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
4. Admission Regulatory Committee.
(1)For the purpose of conducting a common entrance test by the association of the institutions, (hereinafter referred to as "the Admission Committee"), the Government shall, by notification in the official Gazette, constitute an Admission Regulatory Committee to regulate the procedure of admission to institutions. The Admission Committee shall consist of the following members, namely:-(a)A person retired from a post not less than the Secretary of the Government - Chairperson;(b)A doctor or an engineer of eminence - Member;(c)A person prominent in the field of education - Member;(d)One of the Vice Chancellors of a University or his representative - Member;(e)Secretary, Department of Technical Education - Member;(f)Secretary, Department of Health - Member(g)Secretary, Department of Higher Education - Member-Secretary (ex-officio);(h)Any other person as may be notified by the Government;(2)The term of office of the Chairperson and the members of the Admission 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 Admission 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.(3)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.(4)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.(5)The Admission Regulatory Committee may adopt its own procedure for the conduct of its business.(6)The number of members required to make a jorum at any meeting of the Admission Regulatory Committee shall be one- third of its members.(7)No act or proceedings of the Admission Regulatory Committee shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.(8)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.(9)The allowances payable to and the other terms and conditions of service of the Chairperson and the members of the Admission Regulatory Committee shall be as may be prescribed.(10)No person, associated with any institution, shall be eligible for being appointed as a Chairperson or member of the Admission Regulatory Committee.(11)The Chairperson or a member of the Admission 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 Admission Regulatory Committee:Provided that no such Chairperson or member shall be removed from such Committee without providing an opportunity of being heard.(12)The Admission Regulatory Committee shall regulate the procedure of admission in institutions and suggest the guidelines to the Government, to ensure a fair, transparent, merit-based and non-exploitative procedure to be adopted by the Government under the provisions of this Act.(13)The Admission Regulatory Committee may hear complaints against the institutions, with regard to contravention of guidelines suggested by the said Committee and adopted by the Government, during the admission.(14)The Admission Regulatory Committee, after conducting reasonable inquiry, if in its opinion, the admission has been made in violation of any provision of this Act or the guidelines suggested by it and adopted by the Government, it may recommend cancellation of such admission to the concerned University.(15)On the receipt of recommendation under sub-section (14), the University shall cancel the admission of such candidates from appearing for any further examination and withhold the result of examination already appeared for by such candidate.(16)The Admission Regulatory Committee may, after providing an opportunity of being heard, if it has reasons to believe that any institution has violated any of the provisions of this Act, rules or guidelines suggested by it and adopted by the Government, recommend to the University for withdrawal of the affiliation and the statutory body for withdrawal of recognition of such Institution or any other course of action as it may deem appropriate.(17)The Admission 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 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, 1860 (45 of 1860).(18)The Admission Regulatory Committee may perform any other work related to admissions as assigned to it by the Government.
