Regulation Technical Education

r 'qffttecl, % 99 999191 22/153 . . ^ ■ - ft 91TJ9! {9999; (i -It. * '-“' * V.' V * V f; ~ • % . ___ ;:/■-•* i N I MIR). r% ’-&?!* vi ; v. *, ' i' ’ * v ■i-l 1; • .,.-.'1 -1 m u ••• • - 1 . , Mini ■ -; MM , fafapT fafa. fa'IH-1. ffafah iS -ilfa'i 2008 Rhopal, the I5ili April 2008 No. F. 14-17-2007-XI_.lI-1.— In exercise of the powers conferred bv»the Section l3 of die Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avr.in Shulk Ka Nirdharan) Adhiniyam, 2CKJ7 (No 21 of 2007),. the State Government hereby makes the following regulations relating to the fixation of fee in a private unaided Professional Institutions, namely:— REGULATION 1. Short title and Commencement.—(1) These regulations may be called as Regulations for Fixation of fee in a Private unaided Professional Institution Regulation, 2008. (2) It shall come into force from the date of its publication in the “Madhya Pradesh Gazette.”. 2. Definitions.—In these regulations unless the context otherwise requires,— i .(a) “Act” means the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Prnvesh Ku Viniyaman Avum Shulk Ka Nirdharan) Adhiniyam, 2007 (No. 21 of 2007): (b) “Admissions and Fee regulator) Committee” means the Committee constituted by the State h- Government under the provisions of the Act for the supervision and guidance of admission process and for the fixation of fee to be charged from candidates s^king admission in a professional ̂ , Educational institution, fc (c) “AICTH” means All India Council foi Technical Education a statutory body established by All t India Council for Technical Education Act. 1987. 1 (d) “Competent Authority” means any aiilhonty as authorized by the State Government in this behalf. (e) “Professional Educational Institution” means a College a a School oi an institute b) whatever name called, imparting professional Education, affiliated to a State University, including a private I mivcisuy establ,.shed or mcoq rated by ;n Act of the State Legislature or constituent unit of deemed to be University under Section 3 <>! the University Giants Commission Act, 1950 (3 i '1.56) and approved or recognized tw the competent statutory body legulating professional ciueniu i; (I i :e .M.id.', a:ui e..piessi>>us user! c c fetined m these regulations shall have the same meaning a a ; . icnee it) the in in the. Act. 3. Applicability These regulations shall b ■ applicable to professional institutions covered under the Act. 1. Criteria tor ovation ot fee.- The Committee shall prescribe th.e fee in the manner after considering the tallowing lac tots: pi) the location of the pnv.ue unaided pn •'csfu-nul educational institutions; (b) tire nature ol the professional course; (c) the Cv.sl of land aid b ilchng; (d) the available infraslructme, teachii g, ti n leaching staff and equipments; (e, the expenditure on administration and maintenance (0 a reasonable surplus required for growth and development of the professional institution; (g) any other relevant factor: Provided that tire Committee may also decide tor providing incentive to the accredited course or Quality Certification like ISO:9002 etc. or weightage for backward/less area development for promoting professional educational institutions in these areas 5. Procedure for fixation of fee.—{ I) At the beginning of each calendar year, tnat is in the month of January of each year the Committee shall issue an ad eilisemcnt inviting applications in regard to determination of fees for admission in professional education institution for forthcoming academic session. (2) The Committee may evolve its own procedure: for giving inter sc weightage to the different parameter for fixation of fee. (3) Each -nstitution shall be heard by the Committee for linalization of its fee structure. (4) The Committee shall require a private unaided professional educational institution >r, a deemed University t > make submissions b the date pi escribed in the advertisement. Any new professior d institution that gets permission from prop; late authority afiei aforesaid prescribed dates should approach the committee for fixing their interim fee and thereafter for final fee structure as per calendar and procedure fixed by the Committee. (5) The submission shall be made in the form prescribed by the Committee and shall be accompanied with the following documents,— (i) The autl'Ori/aiion/per.mission letici issued by the All India body controlling and regulating the professional studies e g. the A 1. C T H., N. C. T H,. Bar Council of i idia. Medical Council of India and the like ones; (ii) Documents and information lelating to so* iety and its by-laws; (iii) A copy of Project Report foi starting the professional educational institution. .tU (iv) The physical infrastructure tacilities available by the area earmarked for rhe institution, its title, owenership, the buildings stating the cumber of classrooms the administrative block rooms available for library, reading room, indoor games (if any) playgrounds, laboratories, general utilities etc. i together with the site plan. _ (v) Library facilities-number of books subjectwise. facultywise and for general reading; (vi) Reading room facilities-number of dailies weeklies, monthly magazines, periodical professional magazines and literature subscribed in the institution; (vii) Laboratory facilities-Information regarding Equipments and instiume-if available and n the laboratory; (viii) Teaching Faculty-Number of Professors. Readers. Lecturers in junior, senior and selection scale (to be indicated separately), their names, educational qualifications and their bio-data, pay scale, pay and allowances and total emoluments; IP (ix) Tie up, if any, with a State enterprise publicA orporaic body engaged in production of items similar to the education proposed to be imparted by the institution; (1) Proposed budget of the institution for a year (2) Amount required for annual maintenance of infrastructure; (3) Amount required for growth, development and up gradation of laboratories; (4) Deposits-both fixed and current deposits in the name of the institution along with the names of institutions and names of Banks; . . (5) .Sources of funding; and (6) Loans, if any, from the banks, other financial institution.,, indicating die term and the interest payable thereupon. (xi) Balance sheet and Income and Expenditure Account of the institution from the date of inception duly authenticated by a Chartered Accountant. (xii) An affidavit in the prescribed foon in support of the information furnished in the submission. (6) A processing fee, as laid down by the Committee from time to time, shall be deposited along with the submissions. Any submission without processing fee shall not be entertained. (7) After the receipt of the information, the Committee may, either at its own motior inspect the institution, or constitute an Inspection Team to make an on the spot assessment and veiification of the facts mentioned in the submission. ‘ * (8) The inspection team, as constituted by the Committee shall consist of,— (a) an eminent educationist of the rank of Principal of a college or professor concerned with the relevant course for which fee fixation is sought shall be nominated by the Chairman Admission and Fee Regulatory Committee from a panel approved by the Committee. (b) a chartered accountant of repute, who is versed with auditing of the accounts of educational (c) an Officer from the Secretariate of Committee Secretariat to be nominated by the Chairman of the Committee as Member Secretary of inspection team 404 (3) 15 3TTM 2008 (9) The Inspection learn may call for any recoid. which it considers necessary and a requisition calling for the record shall be made in writing and shall be treated as if it is called bv the Commi'tce. Mib The it mection t> •m may seek oral evidence from any of (he persons concerned with the aifairs of the institution and a written re > .d ot such oral evidence sh !l form part of toe report by the Inspection Team. (1!) Any association of teachers, students etc. may through a petition make counter submissions to me Inspection Team. Tin Inspection Team may heai them and forward the petition to the Committee along with their views. (12) After completion of the Inspection the Inspection Team shall submit its report to the Secretary/OSD in the Committee Secretariat. "The Secretary shall scrutinize the report and submit it to the chairman of CommUtee. (13) 11 the Chairman 1- els that the submissions need further analysis he may order the Report and the documents to be scrutinized end verified by a chartered accountant hired by the Comm lice for this purpose. (14) The Committee sh id consider documents accompanying the • ubmissions, the Inspection Report submitted by the Inspet in Team, the verification report of the Chartered Accountant and die assessment made by the Committee Secretariat. (15) Committee shall then decide whet! er the fees proposed by that institute are justified and are not profiteering 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 die institute. (16) Committee shall be at liberty to fix the fee of those institutions which do not submit their proposals to the Committee. (17) l;or checking various data/information and documents furnished by the Institutions a chartered accountant firm may 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 furnishing of required documents. (19) 1 lie information furnished shail also be checked with reference to the Audit Reports submitted therewith as well as die final accounts of the trust/socicty. (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 Institutions in accordance therewith. (21) Special emphasis be given on the apportionment of common ost incurred by thesociety/trust running more than one institutions. (22) The information data devilments submitted oy the Institutions shall furthei be checked with reference to the norms estabbshed hereunder and wherever necessary adjustments shall be make to the data furnished by the Institutions for arriving at the fee to be fixed. ' •- (23) Irregularities found on the basis of the above said scrutiny shall bo verified for their gravity and wherever P' .cssary the society/trust/institution may be asked to submit its representation in respect of the saio irregularity. In case where the committee finds that the iiregularity is of such magnitude a will vitiate the process of fee tixation, it may reject the application and may *!so -recced to take penal action against such society/trust/institution including prosecution. (24) Committee shall give an opportunity of hearing to the Institutions and further wherever found necessary the Institutions nr y be visited for ascertaining the correctness o' the inf rmation and data submitted by the Insi tutions. (25) The Committee hail fix he fee including nil the fees payable to the institution for a year. (26) Where information received from institution is incomplete or insufficient, the committee shall ask the institutions to rectify the same failing which Committee shall have the right to fix their fees after making suitable assumptions/pro visions. (27) The Committee secretariat shall evolve proper system of finalization ot fees and shall maintain all record related with it for a period for 5 year;,. 6. Components of fee structure—(1) The fee fixed by the Committee shall have the following components :— (a) Tuition fee; (b) Growth and developme.it fee; (d) Contribution from book bank; (0 Training and entrepreneurship development caiecr guidance and placement cell; i' (g) Medical insurance fee; (i) Fee for cultural activities; (j) Identity and Library card fee; (k) Hostel Room rent (only for hostellers); (l) Mess charges (only for hostellers); (m) Caution money for the entire course; (n) • University fee shall be applicable as decided by the concerning University from time to time; (o) Any other fee considered reasonable by the Committee. (2) Every Educational Institution shall issue an official receipt for the fees or deposits or any other amounts collected for any purpose, which shall be specified in such receipt. (3) No College shall collect a fee amounting to more that, one years fee from a candidate. However the Students shall have the liberty to deposit the ar>nua: fee in maximum two instalments. Collection of more than one year's fee in an academic year shall be construed as collection of capitation fee and such institutions shall be fable to be proceeded against. i • 7. Validity of the fees fixed by the Committee.— (i) The fee payable per student per annum for each r institution shall be prescribed by the Committee and shall-be binding fer a period of 3 years Any revision i. permissible only after 3 years. The fee o determine shall be applicable to a cand'date who is admitted to an institution in that academic year and shall not be revised till the completion of his/her course in the said institution. (i.i) When ever appellant authority is not in existence for the leason what so ever the State Government may hear the complaint regarding fee proposed by the committee and may call all the relevant records to pass appropriate order, if necessary, for any revision of fee structure. fc. Charging of capitation fees.—Notwithstanding anything contained in any law for the time being in force, no c.ipitalion fee shall be demanded or collected by or on behalf of nay educational institution or by any persons who is in-charge of, or is responsible for. the management for such institution, from or in relation to any students in consderation of his/her admission to, and prosecution of any course of s udy, or his/her promotion to a higher ; standard or class in such institution. 9. Redressa! of complaints and pcn.il/disdpliiiary action.—(1) The Committee may hear complaints regards to ad fission in contiavention of ti'.e provisional con'ained herein collecting of capitation fee or fee in excess' of fee determined any violation of the provis’Ons for admission on the part of the unaided professional colleges or institution, it shall make appropriate recommenc,1 tions for returning any excess amount collected to the person concerned, .m ; o recommend io the Goxcrnment foi imposing a fine upto rupees ten lakhs, and the Government may on recei, : of such recommendation, fix the fine and collect the same in the case of each such violation or decide ary oi. ei cours: cf action, as it deem fit, . nd the amount so fixed together with interest thereon shall be recoveicd as c n >s an arrear of land revenue, and the committee may also declare admission made in respect <f any or ail seats in a particu'ar college or institution to he dehors merit and therefore invalid and communicate the same to the concerned University an 1 on the receipt of such communication, the University shail debar sue; candidates from appealing in the examination and cancel the results of examination already appeared for. (2) 1 he < ommittce may it satisfied that any unaided professional college or institution has violated apy of the provision of this Act. In th; t case, after obtaining previous approval from the State Government, the recognition of such colie sc or institution may '«e annuied and may impose any outer penalty, as t may deem fit. ; 10. 1’ ver to regulate rhe procedure of the Com m ittee.-— The Committee shall have the power to regulate its own procedure in a I matters arising out of the discharge of its functions and shall for the purpose of making any enquiry under this Act have ail the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 190S) while trying a suit i.i respect of t'-e following matters, namely:— (i) Summoning anc nforcing the attendance of any witness and examining him on oath; (ii) requiring the discovery and production of any document; (iii) receiving evidence on affidavits; (ivi issuing commissions for the examination of witness. 11. Interpretation.—If any question arises relating to the interpretation of these regulations it shall be referred to Government whose decision then: on shall be final !2 Jurisdiction.— In case of n; dispute the jurisdiction shall be limited to the courts constituted and situated in Madhya Ptadesh only. By order and in the name of the Governor of Madhya Pradesh, SHAMIM UDDIN, Addl. Secy. (t5) •X^) J Z ) 'V /j u ) (-n ■ fa :;i ,r | I I ; I Slfejffe Ffet. fe 'Yfet. i — 404 (14) TOTOTOTO >:TO T, KTO • if -i!4R 1008 ( 7) q f; toi-'ir (TORTOiroq) to qqqq 4 i to i fq iqg 4 -1 ^to to to r f r o i $, TO t4tto % tototo TO -TORR TO’ fTOTO TOTO71. (9 ) pto ' ii'q m ro toh tototr (TOi-TOTfro) to toto qfnfq su i qqi qfra qq i tot-ii TOft. to4 touto4 ( TOTrorofroq) ( n ) TO TOv- 4t. z\. {. gra Tnfqci qpqroq'i f feq. io torrci to r4to ttor tot TFRaft 4; \ tto, {r r -t jtoto Ifito TO feri fq'-ifero fet toir. tou q qro f w . :r-r itoct TOipt. torto to tor q qy^R toitottrf to^ti rtor to tot toYtot ■‘j ttto ;rtor giq t fell UHfal). Bhopal, the 15th April 2008 No. I 14 17-2007-XI.II i. In cxeicise of the powers conferred by the Section 12 of the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Prasesh Ka Viniyaman Avan Shulk Ka Nirdharan) Adhmiyain, 2007 (No. 21 of • 2007), the State Government hereby makes the following Rules relating to the eligibility of admission manner of admission and allocation of seats in Private Unaided Professional Educational Institutions (including reservation of seats for foreign or Non-Resident Indian candidates), namely:— RULES 1. Short title and Commencement. -(1) These Rules may be called Admission Ruler 2008. (2) It shall c< ie into foi e from tlrc date of its publication in the Mav.uya Pradesh Ga cite. 2. Definitions.—In these Rules, unless the context otherwise requires— (at "Act” means the Madhya P'adcsh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2C07 (No. 21 of 2007); (b) "Appropt iate Authority” mean- Authority as defined in clause (a) of Section 3 of the Act; (c) "Admissions and Fee Regulatory Committee” means the Committee constituted by the State Government under the Act for the supervision and guidance of admission process and for the fixation of fee to be charged from candidates seeking admission in a piofessional educational institution, (d) “AICTE” means All India Council of Technical Education, statutory body established by All India Council of Technical Education Act, 1987 (52 of 1987), (e) “Annexure" means Annexure appended to those rules; (D "Common Entrance Test” means an entrance test, conducted for determination of merit of the candidates followed by centralized counselling for the purpose of merit based admission to professional colleges or institutions through a single window procedure by the State Government ot by any agency authorized by it; (g) "Competent Authority” means any authority as authorized by the State Government in this behalf; <h) Fee means •'ll fees including tuition fee and development charges. (i) "NR1 means Non-resident Indian shall have the same meaning as assigned to it in clause (e) of Secion 115 C of the ol Income Tax Act, J96i {43 oi 1961); ij) "Principal" mean:. Head of institution; :k) "Private Unaided Professional Educational Institution means professional et ncjtiona'! institutions which is not receiving iccui ing financial aid or grant-m-md from any State oi Central Government and which is not established or maintained by the Central Government, the State Government or any Public body; i I i i 4C-1 (18) (m) (n) "Professional Education'll Institution ’ menus a College ui a School or an institute bv whalcv name called. impairing piofcssion I education, affiliated to State University including a private University c mb! tied m nv. u pointed by an Act of the State l.egis'ature oi Constituent unit ol a deemed to hi UinvciMiy muiei Sect mi. 3 oi University Grant Commission Act, 1956 (3 of 195(>), and approved ivcogni/ed oy the com pet cut statutory body regulating professional education; 'Qualifying 1 ai; ’nation” means die examination of the minimum qualification, passing of which entitles one to seek admission inti the relevant Professional Courses as prescribed in these rules; "Single Window N .stem" means a system by which available seats in all the institutions are offered through Commo i Centralized Counselling or Decentralize Online Counselling to qualified candidates in the - crier ol inert in the Common Entrance Test; (o) “Vyapam” means Madhya Pradesh V,avsayik Pariksha Mandal, Bhopal; (p) The words ar.d expressions used but not defined in these rules shall have the same meaning, as assigned to them in the Act. . -mar,-.'-.; ’ 3 Applicability.—These r iles shall be applicable to jnaided private professional institutions (self-financing) which are conducting professional courses as notified by the Appropriate Authority for the purpose. 4. Admission Rules— Admission rules foi year 2008-09 onward— In all professional institutions the procedure for admission shall be as under:— (1) Availability of seats—(a) Number of seats available in various professional educational institutions and as approved by appropriate authority sha'l be given in the common entrance test booklet; (b) If during counsel.ing permission is granted to any institution or the number of seats in any institution arc varied by the Appropriate Authority on or before 30th June of that year same, may be incorporated in counselling and the candidates who ha'-e already taken admission prioCto change in intake capacity, shal’ not be entitled for admissions to newly sanctioned seats. (2) Allocatiou/Ueservation of Seats— In every institutions and in its each branch 16%, 20% and 14% seats of General pool (85% of total intake) shall be reserved for the candidates belonging to Scheduled Castes. Scheduled Tribes and Othei Backward Classes (excluding creamy layer Other Backward Classes category) respectively ;is norified by the State Government in this regard. 1 (3) Eligibility for admission— As decided by Appropriate Authority and State Government. (4) Manner of Admission—Through a Common Entrance Test conducted by an agency duly authorized by the State or Central Government. Authorized agency shall prepaid and notify, merit/waiting list on ihe basis of marks obtained by cat didates in Common Entrance lest. 5. Conducting of Common Entrance Test.—(1) The State Government shall appoint an agency to conduct Common entrance Test. The agency shall issue advertisement in the daily news papers haveing mass circulation in the State and also in two nationa' level news papers naving ma^s circulation. The publication shall be both in Hindi and English news papers. The advertisement shall contain:— (a) The 'ast date for making applications; (b) The place where the application is to be m ide; (c) The centies vherc ihe Common Admission Test will oc held; (d) The date of commencement of sale of application forms and date of examination (2) The application form should be accompanied with *a rule book/inforinaiion brochure containing other details such as:— Inc institution wise nun.her of seats for each discipline and tiie course; The number of seats reserved for Scheduled Castes, Scheduled Tribes, Other necessary categories, ;f any. notified by the Stale Government. Tlie fees prescribed for the common entrance test. Syllabus and pattern of question psper/papers. (3) The agency shall prescribe a toim in which an application is to be made for the Common Entrance Test. This form will be available from the places mentioned by the authority and shall also be put on the website for the facility of applicants. (4) The application form shall he accompanied by such documents as prescribed by agency and shall be deposited along with the fees notified by the agency with due approval from Committee. Any application without fees will not be entertained and will be rejected forthwith. (5) The agency shall conduct the test and declare resuit in the order of merit 6. Constitution and function of Counselling Committee—(i) The State Government shall constitute a counselling committee as follows:— (a) the person appointed by the State Government as a Chairman of Counselling Authority, — Chairman (b) a representative of the Government not below the rank of Director/Joint Director of concerned Department; u — Member (c) an officer nominated by Hon'bie Vice Chancellor, Rajiv Gandhi Preudyogiki Vishwavidyalayn. Bhopal — Member (d) an officer nominated by the’Chairman, Admission and Fee Regulatory Committee; — Member (e) the officer of the agency in-charge for conducting the test and declaring the result; — Member (0 Three representatives lo be nominated by Chairman of the Committee — Member (g) Sc etary of the Associations of Professional Colleges — Member (2) Counselling Authority shall submit the counselling schedule/rules/procedures as under ;— (a) Committee shall prepare and notify the schedule for admissions, venue, timing and all other necessary details in at least three leading news papers Hindi and English at least 10 days before commencement of counselling. (b) Committee shall adopt computerized single window system of counselling either by following centralized or decentralized counselling. (c) 'Hie Committee shall prepare the ttnal list of candidates admitted coursewise and institutionwise and send the same to concerned Universities. (d) Tb.e Committee shall fix the dates foi each stage of counselling. • 1 7. Procedure of \dmission.—(]) The admission inlo a!1, ihe professional colleges shall lx; made through sin window system in the order of merit on the basis of ranking in Common Entrance Test conducted by any agency duly authorized by the State Government. (2) A!! these udi fissions shall be done through cemralizcd/docentralized online counselling conducted by the c *inpeteni authority. T' detailed p ■ 'cedure for the counselling shal1 be notified by the Competent Authority from time to tune. (3) No Management cf Professional Institution shall issue notification/advertisement and call for application for admission separately or individua Iv. (4) If a candidate fails to present himsdf/hersclf for Coiriselling oi fails to produce the relevant certificates in original in prescribed proforma he he shall loose his/her chance of selection of Seat and Institution. However, if lic/she produces documents at a hr r stage, the same may be considered for Counselling in which case, he/she * iiiall be entitled to, select the scat and institution available ai that point of time. If a candidate docs not turn up even on the last day of Counselling, it shall be deemed that he/she is not interested in taking admission and shall forfeit the light of admission. (5) If a candidate fails to present himself/hersc'f on the date of Counselling becat sc of serious illness or accident and is ad itted in the hospital, then his/her guardian/parents inay be permitted to appear in the Counselling on his/her behalf, provided the concerned candidate submits an authority letter to this effect along with a medical certificate issued by the concerned Chief Medical Officer/Civil Surgeon as a proof of illness or hospitalisation. If later on it is found that the information provided t y the candidate was wiong, then the admission is liable to be cancelled. (6) Once n candidate has taken admission in an institution on his day cf Counselling he shall not be permitted to change it in same phase of counsel1 ng hut he may appear in the next phase of counselling after getting his previous admission duly cancelled. In subsequent round of counselling .c-opening of allotment can be done where course of study may change for example from BDS to MBBS. re-alleiment may be permitted with a procedure duly approved by admission and fee regulatory committee. (7) Once a candidate is admitted in particular institution through Counselling, no transfer of instilution""sliall be permitted. (8) If there is subsequent round of counselling, the candidates left over during first round shall be called and shall be aliotted to Institution having vacant seats r n the basis of merits and piiori'y. (9) The successful candidates shall have to deposit fees as prescribed by the Committee at the lime of counselling. The fees shall be deposited with the counselling agency. (10) Institutions shall be allowed to ill upto 15% of the sanctioned seats by NRI candidates only. If they are available, in the manner prescribed in the regulations notified for this purpose. fl- (11) For courses governed by A1CTE . 10% extra seats may be sanctioned on free tution fee basis for women, handicapped ana other weaker section of the society on voluntary basis for those institufons, who applies for the same and are given permission by the Competent Authoi uy. The admission procedure shall be same as for other seats decided by the appropriate authority. - 8. For remaining vacant seats the sequence of admission shall be as under— (1) Firstly 15% seats shall be filled by management of the respective institutions by NRI candidates only if they are available. If sufficient number of NR1 candidates are not available then remaining vacant seat:; shall be merged into general pool. Seats in general pool shall be idled on the basis of merit of state level common entrance test conducted by Madhya Pradesh Vyavasayik Pariksha Mandal or any mhei agency authorized by the tate Government for this purpose. (2) Secondly remaining scats shall be fil ed on the basis of merit of National level test as decided by the State Government. (3) Thirdly remaining seats shJI be filled on me basis of marks obtained in the qualifying examination- V . - • ‘ • • ‘ . ' . - (4) All these admission shall be done through centralized counselling conducted by the Counselling Authority declared by the State.Govemmcnt/Committcc for this purpose.'The detailed pioceuure for the counselling shall be noti­ fied by the Counselling authority from time to time. 9. Cancellation of Admission—(1) If at any stage it r found that a candidate has got admission in any institu­ tion on the basis of false or incorrect information or by hiding relevant facts or if at . :y time after admission it is found that the admission was given to the candidate due to some mistake or oversight, the admission granted to such a candi­ date shall he liable.to be cancelled forthwith without any notice a: any time dutin • the course of his/her studies by the Principal of the institution or by Competent Authority. (2) In the event of refusal or non-admission on the part of the candidate, the fees so deposited shall be refunded after 10% deduction on deposited amount if such cancellation is done within 7 (lays before the last date or Counselling, or as per the criteria laid down by Competent Authority. 10. Tution and other Fees—Tution and othei fees shall be as prescribed by Fees Committee. 11. Modification to ru!es7procedures-—The State Government of Madhya Pradesh reserved the rights to amend any provision/rules/procedure for admission after due consultation from admission and fee regulator)' committee to ensure .fair and transparent admission procedure and any modification so made shall be binding. 12. A candidate aggrieved with any contravention on the part of the Agency or any contravention of the provisions of the Act could make an application to the Committee pinpointing the cause of action and alleged lapse in following the procedure or provisions of the Act. , 13. Courses—Courses relating to technical education institutions running AICTE approved B.E., B. Pharma., B.Arch., MBA., MC A and Diploma Pharmacy courses are given in Annexure. j 14. Interpretation—If any question arises relating to die interpretation of these rules it shall be referred to State Govmment whose decision thereon shall be final. 15. Jurisdiction—In case of any dispute the jurisdiction shall be limited to the courts constituted and situated in State of Madhya Pradesh only. ANNEXURE (Specific provisions related to Technical Education institutions running AICTE approved B.E., B. Pharma, B.Arch,, MBA., MCA and Diploma Pharmacy courses) (- 1. TVansltory provision for year 2007-08 applicable to Technical Institutions—The State Government has .already,notified admission rules for admission to Engineering and Pharmacy courses. Master of Computer Application '^flihdMaStetofBusinelsAdministration vide its Noiifcation. 14/32/2006/42-1, dated 6-4-2007, F 14/31/2006/12-1, dated 28-1 l'-d2t0C>(5 and F. 14/34/2006/42-1, dated 28-12-2006 respectively. Accordingly, admission process for admission to these professional courses in professional institutions has already commenced. In some case entrance examination ha\e already been conducted and result has been declared, whereas in ‘ Other entrance examination at the all India level have already been conducted and state level examination is scheduled irrthe month of June, 2007. Therefore, it would not be in fitness of things and in the interest of the candidates to disturb the admission process at this stage. As such the State Government adopts the admission rules cited above v ith the following modification to give affect to the judgment pronounced by Ho.i’ble Supreme Court in the case of the State of Madhya Pradesh and Ors. V\ Shri Wardhimn Academy for Technical Education and Ors. (SLP) (Civil No. 7608/2007):— '15% management quota referred in (he order including 5% NRI quota as specified in clause 1.2.4 of Rules Book clause 1.2 of MCA Rule Book and clause 1.2.1 of MBA Rule Cook. Now ii shall be filled only candidates, if ’hey aie available.’ . 2. Availability of Seats —Number off eats available in .unions institutions in Madhya Pradesh arc as follows: ( i ) percentage of Intake capacity Private institutions 85% Seats for General Pool 15% NRI Seats (NR! seats, if not filled then will be Converted into Seats for General Pool). ... • : R. 3. Reservation of Seals—(1) Jammu and Kash nir M igrant's Seals—One seat, on over and above basis,, in each of the Institution is reserved for Jammu and Kashmir migrants. The admission shall oe given on the basis of merit as decided by the Common Entrance Test conducted by authorized agency. The candidate shall have to produce a certificate in a prescribed proforma duly signed by competent airhority. Sons/daughters of the employees of Madhya Pradesh Government who have served in the State of Jammu & Kashmir for curbing insurgency arc also covered under tbe Jammu and Kashmir migrant. Such candidates should have passed their qualifying examination from the State of Jammu and Kashmir. Candidates shall have to produce a certificate in a prescribed proforma. (2) Jammu and Kashmir Resident’s Seats—One seat each in all institutions has been reserved for residents of Jammu and Kashmir. The candidates seeding admission against these reserved seats shall be required to appear in Common Entranc Test conducted by authorized agency and submf appropriate certificate issued by the competent Authority. These seats shall be considered under General Pool. 4. Eligibility Criteria for MBA Course—Candidates belonging to Scheduled Caste, Scheduled Tribe and Other Backward Classes (excluding creamy layer) of Madhya Pradesh as notified by the State Government,, shall be given 10 percent relaxation in the aggregate marks of qualifying examination for admission into MBA course. 5 Wcightagc— of 10 percent of tbe marks obtained in the Common Entrance Test hall be given to those candidates who have been awarded Gold Medal in the National !evel Sports Competition. In oider to obtain the above benefit, candidates shall have to produce the certificate from IOirector, Department of Sports & Youth Welfare and Government of Madhya Pradesh in a specified proforma. 6. Inter se merit of candidates getting equa1 marks in the common Entrance Test shall be decided by giving preference to the person,, who is older in age (in MBA., MCA course only) and, in case the age is also same, then merit shall be decided on the basis of aggregate marks obtained in the qualifying examination. In case of B.E. courses inter se merit of candidates getting equal marks in the Common Entrance Test shali be decided by the marks obtained in Maths, then Science. Candidates getting benefits of weightage as given in clause J shall be placed below the candidate, whq has got the same marks in the merit but has not been given the above weightage. By order and in the name of the Governor of Madhya Pradesh, L̂XL 2008 t u ;j S ' f - i ‘* I I i 5 — 37*4 SI 37 ‘.'.•(HU fel; a V' 5. fofeaR.— to foofe At 3 3 3 A 3:0 feg 370 fen 0 01 3? t f o ptotr fe ffeto fAon w n forroo 0 3 Bhopal, the '5th April 200S No. 17. 14- 17-2007-XLII-1.— In erercise of the powers confcircd by the clause (a) of sub-section (2) of Section 13 of the Madhya Pradesh Niji Vyavasayik Shtkshan Snnsthnn tPravcsh Ka Viniyaman Avatn Sliulk Ka Nirdharan) Adhiniyam, 2007 (No. 2i of 2007), the St. te Government, hereby makes the following Regulation relating to Constitution and working, terms and conditions of the Admission and Pee Regulatory Committee for regulation of admission and determination of fee in Private Unaided Professional Institutions in Madhya Pradesh, namely:— m REGULA TION M i "i v- 1 P 1. Short title and Commencement.— (1) These Regulations may be called the Constitution, working, terms and conditions of the admission and fee Regulatory Committee Regulation, 2008. (2) It shall come into force from the date of its publication in the “Madhya Pradesh Gazette”. 2. Definitions.—In this Regulation, unless the context otherwise, requires,— (a) “Act” means the Madhya Pradesh Niji Vynvsnyik Shi' shan Sansthai. (Pravesh Ka Viniyaman Avam Shuik Ka Nirdharan) Adhiniyam, 2007 (No. 21 of 2007); (b) “Admissions and Fee Regulatory Commi'tee’’ means the Committee established and constituted by ihe State Government for (he regulations of admissions and for fixation of fee to be charged from candidates seeking admission in private unaided professional institutions; (c) “Appropriate Authority” means a Central or State authority estau.ishcd by the Central or the State Government for laying down norms and conditions for ensuing standards of professional education; (d) “Fee” means all fees including tuition fee and development cha'gcs; (e) “Professional Institutions” means a college or institute including a private university established or incorporated by an Act of the State Legislature or Constituent unit of a deemed university defined under Section 3 of University Grant Commission Act, 1956; (0 “Private Unaided Professional Institution” means the professional institution which does not receive recurring aid or grant-in-aid from any State or Central Government; (gj “Common Entrance Test” means an entrance test conducted by at; agency authorized by the State/ Central Government for admissions in various professional courses offered in professional institutions; (h) The words and expressions used in these regulation but not dePned shall have the same meaning as assigned to them in the said Act. 3. Constitution of Committee—The State Government shall establish an Admission and Fee Regulatory Committee consisting of the following members, namely :— (1) Person who has been a Vice Chancellor of a Central/State University or an Institution deemed to be University or a Senior Administrative Officer not below the rank of Principal Secretary of the State Government or Joint Secretary ol the Government of India. Chairman (2) One person from experts in Finance Member A. working terms and condition <A the committee—! i } The Chairman and members of the committee shall be emu led to salat v/honoi hi >m. pciqmsitcs, privileges etc.. ( s determined by the Stale Government) shall be as follows :— (a.) Chainn n shall be entitled to his last salary drawn alongwith Dearness Allowance, Conveyance ,\llt wat _*e minus pension similarly appellant 'minority shall be entitled for pay minus pension; (b) Member: who ate non Government shall be treated at par to the Secretary to State Government and . hall be entitled to a fixed pay of ks, 30000=00 pci month otherwise for retired Government servant the entitlement shad be his hst salaiy minus pension; (e) Chairman and other full time members shall be allowed for telephone facilities in office and residence as pcrmiss.ble under State Government rule- for he appropriate post; (d) Chairman and other full time members shall be entitled for the vehicle (taxi) facility on rent basis as per finance department norms; (e) Chairman and appellant authority and other members shall be entitled for rented accommodation as applicable to Minister 'o State. (2) The term of the Committee shall be for three years from the date of its notification and in case of any vacancy arising earlier, for any reason, ti e State Government shall fill such vacancy for the remainder period. (3) No act or proceedings of the committee shall be deemed to be invalid by reason meiely of any vacancy in, or any defect ir the Constitution of 'he Committee. (d) No person who is associated with a private aided or unaided institution shall be eligible for being a member of the Admission and Fee Regulatiry Committee. (5) A member of the Admission and Fee Regulatory Committee shall cease to be so, if he performs any act, which in the opinion of the State Government is,.unbecoming of a member of the committee: * - Provided that, no such member shall be removed Tom the committee without giving him an opportunity of being heaid. (6) The committee may frame its own procedure to transact its business. (7) Rajeev Gandhi Technical University, Bhopal shall meet the all expenses towards functioning of the Committee including payment of sauries, traveling allowances, honorarium, Dearness Allowance and other regular and contingent expenditures etc. from theii funds and the same shall be reimbursable through the nodal-department i.e. Department of te limcal education ihn ugh budgetary provisions. (8) Committee shall charge a prccessing/inspection f:e for processing the fee fixation process and to recover the expenses incurred on inspection of the institutions to finalize the same. Any surplus on this account shall be credited in a corpus fund and interest earned on the same may be u.;ed tor other activities of the committee. S Interpi i tation.—if any question arises relating to the interpretation of these rules it shall be referred to Government whos** decision thereon shall be final. b Jurisdtrt or. —In case o- any diipu-. dir jurisdiction shall be limited !o the courts constituted and situated in B\ order and in the name of ’he Governoi of Madhya Pradesh, ' j V inner, finiov 15 i'rci 200s ! M w i J $ I FI 7T030; I V * • i \ 'FR.' i l f 2L '0S HT fe n^ Tc rf Tr q »f W 'jx K (f w fe T^ ft H TI cI w fa r lH f flf d f̂ v m f e l n fe rf ef h ^r m f a H fq ffl g m f en f en tix t. T f̂t m fe r^ nf nn fe H i ^ h f ei fm f e ff e w pR fe if e h w R Tr n y fe rf ei nr fe ff n fe s rf fe iH i M H H p nf ei frc ft c iw ld l H ap H Hp R qs r$ cl fe l H H q H ff e a F fe m H TH Ju ^V n. . '•:■ ■ . . ' • r I• •.'■!• , . •■ " • • ;v - ‘:V V " &■ M] 18. ofdfd, feufdoo mo 4 fe umori ( 9)' fe foooo d f e i 3ird?i 01 1)0 airfe or odfet ooi fo of fdRfdifera >» j • ' . • -| f