S.1 Short title and commencement

       (1) This Act may be called the Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007.
        (2) It extends to the whole of the State of Orissa.
        (3) It shall be deemed to have come into force on the 2nd March, 2007.

S.2 Definitions

       In this Act, unless the context otherwise requires, -
       (a) "academic year" means the period of twelve months commencing on the 1st day of June every year;
       (b) "approved intake" means and implies the total number of seats sanctioned by the competent statutory authority for admitting students in each course of study in a professional educational institution;
       (c) "BPUT" means Biju Patnaik University of Technology established by the Biju Patnaik University of Technology Act, 2002;
       (d) "capitation fee" means any amount, by whatever nomenclature it be called, whether in cash or in kind, paid or collected or received directly or indirectly from the students in addition to the fee determined under this Act;
       (e) "f

S.3 Method of admission in professional educational institutions

Subject to the provisions of this Act, admission of students in all private professional educational institutions, Government institutions and sponsored institutions to all seats including lateral entry seats, shall be made through JEE conducted by the Policy Planning Body followed by centralized counselling in order of merit, in accordance with such procedure as recommended by the said body and approved by the Government.

S.4 Composition and functions of the Policy Planning Body

       (1) The Government shall constitute a body to be known as the Policy Planning Body consisting of following members nominated by it, namely :-
       (a) The Secretary to Government, Industries Department, who shall be the Chairperson;
       (b) The Secretary to Government, Health and Family Welfare Department;
       (c) The Secretary to Government, Higher Education Department;
       (d) Vice-Chancellor, BPUT;
       (e) A person having experience in administering admission and examination of a joint entrance in professional education;
       (f) Director, Medical Education and Training, Orissa;
       (g) Director, Technical Education and Training, Orissa who sh

S.5 Prohibition of Capitation fee

       (1) No capitation fee shall be collected by a professional educational institution, sponsored institution or by any person who is in charge of the management of such institution, from any candidate in consideration of his admission to or continuance in any course of study or his promotion to higher class in such institution under the management.
        (2) Where the Policy Planning Body on receipt of any complaint or is otherwise satisfied that the management of such institution or any person who is in charge of the Management of such institutions has contravened the provisions of Sub-section (1), the Body may, after making due enquiry in the manner prescribed, recommend to the Government for imposition of fine not exceeding rupees ten lakhs against the management of such institution for such contravention.

S.6 Composition and functions of the Fee Structure Committee

       (1) The Government shall constitute a committee to be known as Fee Structure Committee for determination of fee for admission to the private professional education institutions and sponsored institutions consisting of the following members nominated by it, namely :-
       (a) Vice-Chancellor, BPUT, who shall be the Chairperson;
       (b) The Secretary to Government, Industries Department or his representative not below the rank of Deputy Secretary.
       (c) The Secretary to Government, Finance Department or his representative not below the rank of Deputy Secretary;
       (d) The Secretary to Government, Health and Family Welfare Department or his representative not below the rank of Deputy Secretary;
       (e) The Secretary to Govern

S.7 Factors for determination of fee

       (1) The Fee Structure Committee shall determine and fix the fee to be charged by private professional educational institutions and sponsored institutions taking into consideration the following factors, namely :-
       (a) the location of the professional educational institution;
       (b) the nature of the professional course;
       (c) the available infrastructure;
       (d) age of the institution;
       (e) the expenditure on administration and maintenance;
       (f) reasonable surplus, if any, required for the growth and development of the institution;
       (g) the additional funds,if any, generated from NRI for awarding freeship;
   

S.8 Award of freeship

All professional educational institutions shall award freeship to such extent and in such manner and subject to such conditions as may be prescribed.

S.9 Reservation of seats

       (a) In every professional educational institution admissions shall be in accordance with the reservation policy of the Government notified for the purpose of this Act;
        Provided that nothing in this Sub-section shall be applicable to the minority institutions.
        (2) In a private professional educational institution other than minority institution not exceeding fifteen per centum of the approved intake may be filled up by NRI from the merit list prepared on the basis of JEE.
        (3) Where any shortfall in filling of seats from NRI occurs, such vacant seats may be filled up from the merit list of All India Engineering Entrance Examination or All India Medical Entrance Examination, as the case may be, conducted by Central Board of Secondary Education :
        Pr

S.10 Vacancy not to invalidate the proceeding

No act or proceedings of the Policy Planning Body or the Fee Structure Committee shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or any defect in the constitution of such body or committee, as the case may be.

S.11 Invalidation of admission

Any admission made in violation of the provisions of this Act or the rules made thereunder shall be invalid.

S.12 Professional Education Fund

       (1) The Government, by notification in the official Gazette, shall constitute a fund to be called the "Professional Education Fund" along with the guidelines for its operation for providing freeship and scholarship to students of professional educational institutions and in such other activity as may be decided by the Government from time to time.
        (2) The corpus of the fund shall be contribution from the Government, contribution from industries, alumni, donation and amount of fine levied under this Act;
        Provided that any alumni may assign the donation to spent in a particular institution for any specific purpose for improvement of the quality of professional education.
        (3) The fund shall be administered by an administrator appointed by the Government and the administration of the fund shall

S.13 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against any member of the Policy Planning Body or Fee Structure Committee or any other officer of the Government for any thing which is in good faith done or intended to be done under this Act and the rules made thereunder.

S.14 Powers to issue directions

       (1) The Government may give such directions to any private professional educational institution as in its opinion are necessary or expedient for carrying out the purpose of this Act or give effect to any of the provisions contained therein or in any rules or orders made thereunder and the management of such institution shall comply with every such direction.
        (2) The Government may also give such directions to the officers or authorities under its control which in its opinion are necessary or expedient for carrying out the purpose of this Act.

S.15 Penalties

       Whoever contravenes the provisions of this Actor the rules made thereunder shall, on conviction be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which may extend to rupees ten lakhs.
        (2) A penalty under this section may be imposed without prejudice to the penalty specified in any other law for the time being in force.

S.16 Cognizance of offence

No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by an officer authorized by the Government in this behalf by notification, in the official Gazette.

S.17 Power to make rules

The Government may, by notification, in the official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

S.18 Power to remove difficulties

       (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, make necessary provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty :
        Provided that no order shall be made under this Section after expiry of the period of two years from the date of commencement of this Act.
        (2) Every order made under this Section shall be laid as soon as may be after it is made, before the Orissa Legislative Assembly.

S.19 Repeal and savings

       (1) The Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Ordinance, 2007 is hereby repealed.
        (2) Notwithstanding such repeal, any order, notification or rule made or anything done or any action taken in pursuance of any provision of the said Ordinance shall be deemed to have been made, done or taken under the corresponding provisions of this Act.