REGULATION FOR FORMATION OF COMMITTEE

No. F. l4-17_2007-xLrl- t.- In exercise of the porvers contbrred by the Section 13 of the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha fp'^'"t['f" V'fyaman Avam.Shulk Ka Nirdharan; Adhiniyam' 20O7 (No 2I of 2007), the Srate Govei.nrnenr **ir' .^f", ln""ipf f"*irg regularions relating to the fixation of fee in a private unaided Professional Institutions' namely:- l. short title and commencenrent.-( l) These regulations may be calletl as Regulations for Fixation of fee in a l'rirare unaided Professional Institution Re8'ulation' 2008' (2) h shall come into force from the date of its publication in the "lvladhya Pradesh Cazette " 2. f)cfinitions.-ln thes€ regulations unless lhe context otherwise requires'- (a) "Acr" means the Madhya Pradesh Niji Vy'rvsayik -Shikshan Shulk Ka Nirdharan) Adhiniyrm' 2007 (No 2l of 2@7): Governmcnr *a" ,r* ,r,-"'riri.rrs'of the Acr for rlre super-vision and gtritlance.of ndtnission process and for rhe lixrtion of fee to be char.ged fionr .,r.iidr,". seeking ,ldmissiou ia a professional Educ lionill i rrstitttlion; lndia Corrncil for'l'eehniciil ll(ltrcatiorr Acr' 1967' "Compctent t\ulhorilY'- nlciln5 ilr)y itttthrrritl' as ruthorized L')'ihe Sl le Covetoment in this behalf: "Profsssionltl E<itrcattrllal Institulion" tnclus a Ctillege or I School or an lnstilute by whatcvet namc called, imParlins p' ot"s'ional' Eaut.aiicn' uff'fi"I"a to a Siate University' inclttding a plivate (c) REGULATION (d) (e) L1 (0 T[e rvords and r as assigned r. tli#tff[:';tl bul not defined in these regutarions shall have rhe same maning 3 Applicability'-These regulations shall be applicabre to professionar institutions covered under the AcL {ixation of fee'-The commitree shau prescribe rhe fee in rhe manner after considering the University deemed to 1956) and education; (a) (b) (c) (d) (e) (D (c) the location of the private unaided professional educational insrirutions; the nature of the professional course; the cost of land and building; the available infrastructurp, teachiog, non teacbing staff and equipments; the expenditure on administration and maintenance; a reasonable surplus reguired for growth and deveropment of the professiooal any other relevant factor: rnstrtution; Provided that the Cornmittee mav c*tn"r,,-'i*.'iio'#.also- decide for Providi ng incenti' - 5. procedure for frxalion r .f*-<tl et the beginning of each catendar year, rhat is in the monrh of Jantaryror adnrission r, p.;;;;;;; Ji|-l:t': an advenisement inviting t*d to determ i nation or rets (2) The Comminee may ewfbr fixarion of fee. '- "'-' '"rlve its own procedures for giving inter se weighrage to the differenr parameter (3) Each institutio, sha' bc heard by rhe committe€ for finalization of its fce s&ucturc. (4) The Commiuee shall re a privare unaided professionat ed,cationar insrirurion or, a deemcd universirypermission rro. rppropiiurc"u;;'^"-,lt*:nbtd. in the advefl rsemer rnex.rnterim fee and thcreaftcr fJ:lI,'l'* Any new professional inslirtrrion th11 ggti should "pProach the committec for fuing (5) The submission sha, be mnd. - _"-:^ " ^ *'.:o*no" and procedure fixed by rhe commirree. rhe forrowing ,*"*"",r,-'"" uc made in the form prescribed by rhe commirtee and shal be accompanied wift (j) The aurhorization/permission leuer issued by the ,professional studi( (ii) Documenh and inl (iii) A copy orprojecr:ffi;,:ffiil.".l.:::"::},ll,"n,,^,,*,,",, (iv) (v) (vi) (vii) (viii) (ix) (x) The _physical infrashucture facilities available by the area earmarked for the institution, its title, owcnership, the buildings stating the numlibi of classrooms the adminis*ative block rooms available for library, reading room, indoor games (if any) playgrounds, laboratories, general utilities. etc. together with the site plan. Library facllities-number of books subjectwise, facultywise and for general reading; Reading room facilities-number of dailies, weeklies, monrhly magazines, periodical professional magazines and literature subscfbed in the institution; Laboratory facilities-Information regarding Equipments and instruments available and in (he laboratory; Teaching Faculty-Number of Professors, Readers, Lecturers in junior, senior and selection scale (to be indicated stiparately), their names, educational qualifications and their bio-data, pay scale, pay and allowances and total emoluments; Tie up, if any, with a State enterprise public./corporate body engaged in production of items similar to the education proposed to be imparted by the institution; Financial standing,- Proposed budget of the tnstitution for a year; Amount required for annual maintenance of infrastructurei Amount required for growth, development and up gradation of laboratories; Deposits-both fixed and current deposits in the name of the institution along with the names of institutions and names of Banks; (l) (4t (5) Sources of funding; and Loans, if any, from the banks, other financial institutions, indicating the term and the interest payable thereupon. Balance sheet and Income and Expenditure Account of the institution fror, the date of inception duly authenticated by a Chartered Accountant. An altidavrt rn the prescribed form in suPPort of the information furnished in the submission. (xi) (6) A processing fee, as laid down by the Committee from time to lime, shall be deposited along with the submissions. Any submission without Processing fe€ shall not be entertained' (7) After the receipt of the information, the Committee may, either at its own motion inspect the institutioo' Or Constitute an InspeCtion Team to make an on the spot assessment and verification of the facts mentioned in the submission. (8) The insPection team, as coostituted by t}le Committee shall consist of'- antl Fee Regulatory Committee flom a panel appr-oved by the Committee' institutions-member the Committee as .Member Secretary of insPection team' (xii) 3't frrr the record shall be nrade in writing and shall be treated as if it is called by {he commrltee. Instiluiion and o wiitten reeord of such oral cvidence shall form part of the report hy the InsPection Team' the Inspection Team, The Inspection Team may hear them and forward the petition to the Committe€ along with their vi€ws. (12) After completion of rhe Inspection the Inspection Team shall submit its rePort to the Secretary/OSD in rhe Committee Secretariat. The Secretaiy shall scrutinize the r€port and submit it to the chairman of Committee' (13) If the chairman feels that the submissions need further analysis he may order the Report and the documents O be scrutinized and verified by a chartered accountant hired by the Commiftee for this purpole' (14) The Committee shall consider documents accompanying the submissions; the Inspection RePort submitted by rhe Inspection Team, the verification report of the Charteled Accountant and the assessment made by the Committee Secretariat. (15) Committee shall then decide whether the fees proposed by that institute are justified and are not profitecring or charging capitation fee. The Committee shall be at liberty to approve the fee structure or to decide some other fee which can be charged by the institute. (16) Committee shall be at liberty to fix the fe€ of those institutions which do not submit their proPosals to the Committee. (17) For checking various data/informalior and documents fumished by the Institutions a chartercd accountant firn: nay be appointed and may be asked to perform the work as mentioned- (18) Fee proposed by institution on prescribed proforma with desired information shall be checked for arithmetical accuracy, completencess and fumishing of required documents. (19) lhe information fumished shall also be checked with refer'ence to the Audit Reports submitted therewith as well as the final accounts of the trust/society. (20) Qualifications and adverse observations in the Audit Reports or Notes to Accounts shall also be considered and necessary adjustment be made in the proposals submitted by the Inslitutions in accordance therewith. . (21) Special emphasis bc given on the apportionment of common cost incurred by the. society/trust runntng more tban one institulions. (22) 'l'he information data dft'un]ents submitted by the Institutions shall further be checked with reference to the norms established hereunde!'anr.i ''r l:srever necessary adjustments shall be make to the data furnished by the Institutions for aniving at the fee to be lixcd. (24) Commirtee shall give an opportunity of hearing to (he Institutions and further rvherever found necessary the Institutions may be visited lor ascertaining the correctness of the information and data submitted try the Institutions. (23) Irregularities tbund on the basis of the above said scrutiny shali be verified lbr their gnvity and wherever Decessary the society,/tlust/institulion may be asked to submit its rcpresertation in respcct of the said irrcgularity- In casc u,here the commiltee finds that lhe irregularity is of such nragnitude as will vitiatc tlre pr'ocess of fee fixation, it nray re.lect lh€ application and nray also procced to take penal action against such sr--iety/trusr,/institution including The Committee shall fix the fee including all the fees payable to the institution for a year. Where information reccived from institution is incomplete or insufficient, the committee shall ask the insrirurions (o reclify the same failing whicb Committee shall have the fight to fix their fees after making suitable (27) The Committee secretariat shall evolve propr system of finalization of fees aDd shall maintain all record related with it for a period for 5 yean. 6. Components of fee structurc.{l) The fee fixed by the Committee shall have the following comPonents:- (a) Tuition fee; (b) Growth and development fee; (d) Contdbution from book bank; (t) Training and entrepreneurship deYelopment career guidance and Placemont cell; (g) Medical insurancc fce; (i) Fee for cultural activities; 0) Identity and Library card fee; (k) Hostel Room renl (only for hostellers); (D Mess charges (only for hostellers); (m) Caution money for the entirc course: (n) University fe€ shall be applicable as decided by the concerning University from time to time; (o) Any othcr fee considered rcasonable by the Committee. (2) Every Educational lnstitution shall issue an omcial receipt for the fees or deposis or any otler amounts collected for any purposc, which shall be specified in such receipt. (3) No College shall collect a fee amounring to more than one year's fee from a candidate. Howeve: the srudenrs shall have the liberty to deposit the annual fee in maximum two instalments- Collection of more than one ycar,s fee in au academic year shall be construed as collection of capitation fee and such institutions shall be liable to bc proceeded against. 7. Validity of the fees fixed by the committee.{i) The fee payable Per student per annum for each institulion shall be prescribed ty the Committee and shall be binding for a Period of 3 years. Any revision is permissible only after 3 years. The fee so determine shall be applicable to a candidate who is admitted to an institurion in thar academic year and shalt not b€ revised lill the completion of his/lrer course in the said institution. (ii) When evcr appellant authority is not in existence for the reason what so sv€r the State Government may hcar the complainl regarding fee proposed by the committee and may call all lhe relevant records to pass appropriate older, if necessary, for any revision of fee structure' l. ('harging of capiiatioD fe6.-Norwithstanding anything contained in any law for the time being in force' rro clprralron iee shali Oe demanded or collected by or on behalf of na-v- educational institution or by ilny persons rvho i., in chrrgc of, or is responsible for- lhe management for such inslitution, from or in relation to any students ,n crnlsderalio; of hislhcr admission to, and prosecution of any course of study, or hiyher promotion to a higher standard or class in sucir instilution. 9. Redressal of complaints and penaUdisciplinary action.-(l) The Committee may hear complaints with rcgartls to admission ii! conhavention of the plovisional contained hereir collecthg of capitation fee or fee in excess of fcc detclr,tined any violation of the provisions for admission on the part of the unaided professional colleges or rnstitution, it shall make appropriate recommendations for returning any excess amount collected to the pitrson corrcetncd, and also recomnrend to the Government for imposinli a fine upto rupees ten lakhs, and the Government ntay on receipt of such recommendation, fix the fine and collect the same in the case of each such violation or decide any othet' course of action, as it deem fit, and the amount so fixed togethe| with intelest thereon shall be tecovcrcd as if it is an a[ear of land revenue, and the committee may also declale admission made in respect of any or all seats in a particular college or institution to be dehors merit and therefore invalid and communicate the sanlc to thc concerned Univelsity and on the receipt of such communication, the University shall debar such cattdiclates frorn appearing in the examination and cancel the results of examination already appeared fbr. (2)'lhe Committee may if satisficd that any unaided professional college or instirution has violated any of lhe provision ol this Act. In that case, after obtaining previous approval from the State Government, the rccognition {)t such collcllc or rnsljtution m.ry be annuled and may impose any other penalty, as it may deem fit. [0. Power to regulate th€ procedure of the Committee.- The Committee shall have the power to rcgulate ils own procedure in all matters arising out of the dischargc of its functions and shall for the purpose of rnaking any enquiry under this Act have all the powers of a Civil Court undel the Code of Civil hocedure, 1908 (-5 of l90E) while trying a suit in respect of the following matte6, [amely:- (i) Summoning and enforcing the attendance of any witness and examining him on oath; (iD requiring the discovery and production of any document; (iii) ieceiving evidence on affidavits; (iv) issuing commissions for the examination of witncss I i. Interpretation.-lf any question arisas relating to the interpretation of these regulations it shall be referred io (iovetnrnenr whosc decision there on shall be final. 12. Jurisdiction.-In casc of any dispute the jurisdiction shall be Iimited to the courts constituted and situated in M;rdhya Pradesh only. By order- and in the name of the Govemor of Madhya Pradesh, SHAMIM UDDIN, Addl. Secy