Section 11 in The Uttarakhand Unaided Private Professional Education Institution (Regulation of Admission and Fixation of Fee) (Amendment) Act, 2018
11. Amendment of Section 12.
- Section 12 of the principal Act-(i)sub-sections (1) and (2) shall be substituted as follows, namely-"(1) The State Government shall appoint an Appellate Authority which shall consist of the following-(a)A retired Judge of High Court nominated by the State Government.(b)One Retired Government Officer retired from a post not below the rank of Chief Secretary or equivalent nominated by the State Government.(c)One Eminent Educationist to be nominated by the Governor.A person or private institution aggrieved by the order of Admission and Fee Regulatory Committee may file an appeal within a period of one month of receiving such order.(2)The Authority shall come into force existence from the date of its notification and the office of the nominated members shall be for a period of three years or until they attain the age of sixty five years whichever is earlier:Provided that the office of the Chairman of the Authority 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 Authority, for any reasons, the State Government shall fill such vacancy, not later three months from the date of vacancy, for the remainder of the term.".(ii)New sub-sections (3), (4), (5) and (6) after sub-section (2) shall be inserted as follows, namely-"(3) No act or proceeding of the Appellate Authority shall be deemed to be invalid by the reasons merely of any vacancy in or any defect in the constitution of the authority.(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 Authority.(5)(1) The Chairman or a Member may, by writing under his hand addressed to the State Government, resign from the office of the Chairman or, as the case may be, of the Member at any time.(2)The State Government shall remove a person from the office of the Chairman or a Member referred to in sub-section (1) 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 Authority shall be removed, if he performs any act, which in the opinion of State Government is unbecoming of Chairman or Member of the Authority: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 authority and in absence of Chairman, the Authority shall choose one of its members for chairing that particular meeting and the authority may adopt its own procedure as it deems fit.".
