UTTAR PRADESH PRIVATE PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT 2006

S.1 Short title and commencement .

1. (1) This Act may be called the Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006.

(2) It shall be deemed to have come into force on July 10, 2006.

S.2 Applicability.

2. This Act shall be applicable to the private aided or unaided professional educational institutions, excluding minority institutions.

S.3 Definitions.

3. In this Act, unless the context otherwise requires,-

(a) aided institution means a private professional educational institution,other than a minority institution receiving recurring financial grant-in-aid or assistance in whole or in part from the State Government or from anybody, under the control of State Government disbursing grants-in-aid or financial assistance;

(b) Committee means the Admission and Fee Regulatory Committee constituted under section 4;

(c) Common Entrance Test means an Entrance Test, conducted by the State Government or an Agency authorized by it for admission to a Professional Course, run by a professional educational institution.

S.4 Composition, disqualification and functions.

4. (1) There shall be a Committee for admission and fee regulation to be constituted in such manner as may be prescribed. The Committee shall be presided over by a person who is or who has been a Senior Administrative Officer of the State or Vice-Chancellor of a Central University or a State University or a deemed to be University; who shall be called the Chairman of the Committee and shall include two other Members having experience in matters of finance or administration.

(2) The State Government shall appoint the Chairman and the Members of the Committee mentioned in sub-section(I)

(3) The term of the Chairman and every Member of the Committee shall be three years from the date of its notification; and, in case of any vacancy arising earlier, for any reason, the State Government shall fill such vacancy for the remainder of the term.

S.5 Eligibility.

5. The eligibility for admission to a private aided or unaided professional educational shall be such as may be notified by the State Government.

S.6 Allocation of seats.

6.(1) The State Government may, be notified order, reserve seats out of sanctioned intake, in an unaided professional educational private institution, other than minority institution, under management category.

(2) Notwithstanding anything to the contrary contained in any other law for the time being in force, there shall be no reservation for Scheduled Casts, Scheduled Tribes or other backward classes of citizens in the seats reserved for management category.

(3) Notwithstanding and thing to the contrary contained in any other law for the time being in force, there shall be no reservation for Scheduled Casts, Scheduled Tribes or other backward classes of citizens in the seats reserved for management category.

S.7 Number of admission.

7. An unaided professional educational Institution;

(a) shall make admission to a seat under the general category, on the basis of the Common Entrance Test, in such manner as may be prescribed by the State Government.

(b) may make admission to a seat reserved under management category, in such manner, as may be prescribed by the State Government, through a notified order.

S.8 Common entrance test.

8. in aided professional educational institution, admission to sanctioned intake shall be on the basis of the Common Entrance Test in such manner as may be prescribed.

S.9 Admission.

9. (1) Every admission to an aided or unaided educational institution, shall be made in accordance with the provisions of this Act or the rules made thereunder and every admission made in contravention there of shall be void.

(2) The State Government or the Committee if satisfied that an aided or unaided professional educational institution has taken admission in violation of any provision of this Act or the rules or an order of the State Government issued in this behalf, if may recommend to the appropriate statutory body for the withdrawal of the affiliation or recognition of such institution.

S.10 Factors.

10.(1) The Committee shall determine, the fee to be charged by a private aided or unaided professional educational institution having regard to:-

(i) the nature of the professional course,

(ii) the available infrastructure,

(iii) a reasonable surplus required for growth and development of the professional institution,

(iv) the expenditure on administration and maintenance,

(v) the expenditure on teaching and non teaching employees of the institution,

(vi) any other relevant factor.

(2) The Committee, shall give the institution an opportunity of being heard before fixing any fee:-

Provided that no such fee, as may be fixed by the Committee, shall amount to profiteering or commercialization of education.

S.11 Appeals.

11. The State Government shall appoint an Appellate Authority, headed by a person who has been a Judge of the High Court, before which a person or professional institution aggrieved by an order of the Committee may file an appeal, which a period of 30 days from the date of receipt of such an order.

S.12 Act to have overriding effect.

12. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

S.13 Power to make rules.

13. The State Government may, be notification, make rules for carrying out the purposes of the Act.

S.14 Power to make regulations.

14.(1) The State Government or any authority authorized by the State Government may, by notification, make regulations consistent with this Act and the rules made there under.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters namely:-

(a) the constitution and working and terms and conditions of the Committee;

(b) the manner or criterion of determination of fee to be charged by a Private Professional Educational Institution from the students;

S.15 Power to remove difficulties.

15. (1) If any difficulty arises in giving effect to the provisions of this Ordinance, the State Government may, by notified order, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient, for removing the difficulty

(2) Every order made under this section shall, as soon as may after it is made be laid before each House of Legislature.

S.16 Protection of action taken in good faith.

16. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government or the Appellate Authority, or Chairman and Members of the Committee for anything, which is in good faith done or intended to be done under this Act.

S.17 Repeal and saving.

17. (1) The Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and fixation of fee) Ordinance, 2006 is hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under this Act as if the provisions of this Act were in force at all material times.