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State of Kerala - Section

Section 6 in Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006

6. Fee Regulatory Committee.

(1)The Government shall constitute a Committee called the Fee Regulatory Committee for determination of the fee for admission to the unaided professional colleges or institutions consisting of the following members, namely:-
(i) a retired Judge of the Supreme Court or HighCourt : Chairperson
(ii) the Secretary to Government either incharge of Health and Family Welfare or Higher Education, as thecase may be, depending on the course of study : Member Secretary
(iii) a Chartered Accountant nominated by theGovernment in consultation with the Chairperson : Member
(iv) a representative of either the MedicalCouncil of India or the All India Council for TechnicalEducation, as the case may be, depending on the course of study : Member
(v) an educational expert nominated by theGovernment in consultation with the Chairperson : Member
(2)The Fee Regulatory Committee shall adopt its own procedure for the conduct of its business.
(3)The terms and conditions of service of the Chairperson and other members of the Fee Regulatory Committee shall be as may be prescribed.
(4)The Fee Regulatory Committee shall have power to:-
(a)require each unaided professional college or institution to place before the Committee the proposed fee structure of such college or 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;
(b)verify whether the fee proposed by each college or institution is justified and it does not amount to profiteering or charging of capitation fee;
(c)approve the fee structure or determine some other fee which can be charged by the college or institution.
(5)The fee determined by the Committee shall be binding on the unaided professional college or institution for a period of three years. The fee so determined shall be applicable to a candidate who is admitted to a college or institution in that academic year and shall not be revised till the completion of his course in the said college or institution. No unaided professional college or institution shall collect a fee amounting to more than one year's fee from a candidate 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.
(6)No person who is associated to any unaided professional college or institution shall be eligible for being a member of the Fee Regulatory Committee.
(7)A member of the Fee Regulatory Committee shall cease to be so if he performs any act, which in the opinion of the 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.
(8)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 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
and any proceeding before such Committee shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code (Central Act 45 of 1860).