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State of Karnataka - Section

Section 6 in Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006

6. Fee Regulatory Committee.

(1)There shall be a Committee called the Fee Regulatory Committee for determination of the fee for admission to the professional educational courses in private unaided institutions consisting of,-
(a) a retired Judge of High Court of Karnatakanominated by the Chief Justice of the High Court of Karnataka Chairperson
(b) a representative of either the Medical Councilof India or the All India Council for Technical Education, as thecase may be depending on the course of study Member
(c) a person of repute nominated by the Chairperson Member
(d) a Chartered Accountant of repute nominated bythe Chairperson Member
(e) the Secretaries to Government in charge ofMedical or Higher Education, as the case may be depending on thecourse of study Member Secretary
(2)The Fee Regulatory Committee shall have power to,-
(i)require each professional educational institution to place before the Committee 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 i.e., not later than 31st December of the previous academic year;
(ii)verify whether the fee proposed by each institution is justified and it does not amount to profiteering or charging of capitation fee;
(iii)approve the fee structure or determine some other fee which can be charged by the institution.
(3)The Fee Regulatory 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 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.
(4)The fee determined by the Committee shall be binding on the professional educational institution for a period of three years. At the end of the said period 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 shall not be revised till the completion of his course in the said college. No professional educational institution shall collect a fee amounting to more than one year's fee from a candidate. Collecting of more than one year's fee shall be construed as collecting of capitation fee and shall be liable for penalty under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984).
(5)No person who is associated with any private aided or unaided professional educational institution shall be eligible for being a member of the Fee Regulatory Committee.
(6)Subject to the pleasure of the authority competent to nominate, the term of the office of the nominated members shall be for the period of two years from the date of their nomination and in the case of vacancy arising earlier, for any reason, such vacancy shall be filled for the remainder of the term. The non-official members shall be eligible to draw such rate of sitting fee and Traveling Allowance as may be prescribed.
(7)No act or proceeding of the Fee Regulatory Committee shall be deemed to be invalid by the reason merely of any vacancy in, or any defect in the constitution of the committee.
(8)A member of the Fee Regulatory Committee shall cease to be so if he performs any act which in the opinion of the State Government is unbecoming of a member of the committee:Provided that no such member shall be removed from the committee without giving him an opportunity of being heard.
(9)The Chairman shall preside over the meeting of the Fee Regulatory Committee and the Committee may adopt its own procedure as it deems fit.