LexThe Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007.
Gujarat · state statute
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3
The
Gujarat
GoVerumeut
Gazette
P
SHED
BY
AUTHO
___________________________________________________________________________
GUJT
ACT
NO,
3
OF
2008,
ACT
It
is
hereby
enaeted
in
the
Fifty
eighth
Year
of
the
Republic
of
India
as
foflovm
'.
determination
of
merits
of
tbe
candidates
for
tbe
purpose
of
admission
in
tbe
different
professionalcourses;
d(d)
"Feconsetitute
dun
erseetiCo
o
means
me
Fee
Regulatory
Committee
Ce)
"Government
college
or
insfnu
Hon"
means
a
professional
educational
college
or
institution
run
and
managed
by
tbe
State
Government;
~
ernment"
means
tbe
Government
of
Gujarat
Ci)
"Management
seaia"
means
twenty-five
per
cent.
seats
of
tbe
professional
courses
of
tbe
total
approved
seats
in
tbe
unaided
colleges
or
institutions
including
fifteen
per
cent.
Non-Resident
Indian
seats;
on-Resident
Indian
sears"
means
fifteen
per
cent,
seats
reserved
for
clnldren
or
v'nrds
or
me
dependents
for
tbe
education
purpose,
of
tbe
Non-Residentludiau,
to
vdmm
admismonm
to
be
givenmffm
profcssionaleducationalcolfeges
ormstitutions;
Ci)
(j)
bed"
means
pres
e
rules
made
undertfns
Act;
3-3
Ck)
anyofthe
whatever
name
ca1ied.
le~
e
-award
of
a
degree
or
diploma
approved
or
recognised
by
the
competent
statutory
autho
(m)
4.
(1)
The
State
Government
s
forfbe
purpose
of
admission
of
students
to
the
professional
educationalcofleges
and
mstimtiom,
constirute
one
or
more
Admission
Committees
cousistmg
of
such
number
of
members
as
Ce
may
be
prescribed.
Uifferent
Committees
may
be
constimmd
forthe
different
professional
courses,
(2)
The
term
of
office
and
other
conditions
of
the
members
of
the
Committee
shalfbe
such
as
may
be
pmscnbed.
(3)
The
Admission
Committee
shall
guide,
supervise
and
control
the
entire
process
of
admission
of
students
to
the
professional
educational
colleges
o
34
"f
merifRrefm
8.
Cl)
For
the
purpose
of
admission
in
the
professional
co
each
f
...
Adnnssion
Commiftfm
shall
prepare
students
based
on
such
mnunsfou.
criteria
and
in
such
ratio
as
may
be
prescribed.
(2)
For
the
purpose
of
preparing
the
merit
list
of
students
for
admission
under
sub-'secfion
(1),
the
authority
or
the
body
antfiorised
by
the
State
Government
mffifs
behalf
shallcfnfductflfe
common
enuance
test
in
the
manftaa
ffm.v-bePfoscribed:
Provided
thatif
nshaRofbefrncessafy
w
conduct
common
entrance
test
for
preparing
merit
list
for
the
admission
to
such
professional
course
as
may
be
prescribed.
6.
The
admission
of
students
in
the
professional
educational
coDeges
or
mstitutions
shall
be
given
in
the
following
manfta,
namely,
:-
Ci)
all
the
Government
seats
shall
be
filled
on
the
basis
of
merit
list
prepared
by
the
Admission
Committee;
and
the
management
seats
to
be
filled
by
the
management
of
the
respective
professional
educational
college
or
institution
shall
admitted
against
the
management
seats
:
CH)
Provided
further
that
where
any
Non-Resident
Indiaff
seat
such
seat
s
om
the
management
seats:
Provided
also
that
where
any
management
seat
remains
vacant,
such
seat
shall
be
filled
in
from
the
Government
seats.
Minimum
7.
No
student
shall
be
admitted
in
the
professional
course
unless
he
quafifymft
fulfills
the
eligibUffy
criteria
including
the
mhnffium
qualifyiftg
m
as
may
d
-
Senannu
in
8.
.fhe
'admfssion.ngat'fist
the
Government
seats
in
each
course
in
each
admiminn.
professional
educational
coUege
or
mstiumoft
shaU
be
made
in
accordance
with
the
reservation
policy
of
the
State
Government.
Consutufrnn
of
9.
(1)
State
Government
shaR
for
the
purpose
of
determfmng
the
Pu
Raqufatnfy
fees
for
admission
of
students
in
the
professional
colleges
or
instf
Connifma.
constitute
a
Fee
Regulatory
Committee
onsisfufg
of
the
Rowing
mcfff
rf-amely
.'-
PAR
(ii)
ex-Vice-Chancellor
of
a
University,
to
be
nominated
by
the
State
GOVO~rnfn~
Cm)
the
Commissioner
of
Hea1fit,
Medical
Services,
Medical
Education
and
Researclt,Gujaraf
Stafa,oran
officer
of
Health
and
Family
Welfare
Department
holding
equivalent
posf,
to
be
nominated
by
the
State
Government
cxeta
who
shall
befne
Member-Secretary
of
the
Committee;
(v)
a
Chartered
Accountant,
to
be
nominated
by
the
State
(2)
The
term
of
office
and
other
condffiom
of
the
members
of
the
Committee
shall
be
such
as
may
be
pfmonbed.
(3)
The
Fee
Regulatory
Committee
may
adopt
its
own
procedure
for
the
conduct
of
its
business.
10.
Cl)
Notwhmmmfmg
anytbing
contained
in
any
other
law
for
the
time
PowerS
of
Fee
being
in
force
or
in
any
judgment,
decree
or
order
of
any
court
or
authority
or
in
any
agreement,
the
Fee
Regulatory
Committee
shall
determine
the
fee
w-
structure
for
admission
of
students
in
the
professional
course
Different
fee
coufsstrnc
forfessioeucanoocg
Ca)
require
any
unaided
professional
educational
college
or
institution
to
place
before
it
the
proposed
fee
structure
for
such
college
or
institution
alongwhhaRme
relevant
documents
and
the
boohs
of
-
Cc)
approve
the
fee
structure
for
such
college
or
institmion
or
determine
other
fee
snncfufo
which
shall
be
charged
by
such
professional
courses.
GUJARAT
GOVE~
GAZETTE,
Ex.,7-3-2008
[PART-IV
3""6
(4.)The
nnalded
professionaledncauonalcallege
ot'mstuofion
Snell
not
be
allowed
to
cbarfte
orcoEecfany
otber
fees
tbafl
tbe
fees
determmed
by
tbe
tile
fee
at
;
amonntmg
to
momtfaftrone
term
feeffom
a
suaJentift
an
academic
(5)
(a)
The
Fee
RegulalDry
Committee
sball
have
powers
for
tbe
purpose
o
der
this
Act,
of
a
Civil
Comfoftder
tbe
Code
of
Sof
Ises
Procedure,
lOflfl
-wbile
trying
a
suit
in
respect
of
tbe
following
matters,
namely
:-
10
summoning
and
enforcing
tbe
attendance
of
any
witness
and
examining
bifft
on
oatb;
(ii)
roOniring
tile
discove
on
of
any
dOcmffent;
(iii)
receivmg
evidence
onaffifmvu;
and
(iv)
issniflg
commission
for
examination
of
witnesses
for
local
inspection.
(a)
Cb)
(c)
(d)
(e)
(f)
3-7
Ci)
CH)
direct
the
concerned
college
or
institution
to
admit
the
student
as
per
the
merit
listift
place
of
the
student
who
has
been
directadfft~
ecerned~
le~ftheor
~tinson
ofWAct
fee
to
the
student
so
admittedm
contravention
of
the
provisions
of
this
recommend
to
the
State
Governfttenf,concerned
Umversityfn
the
smfutofy
aufifority
f
g
appropfmfc
acfio
such
coHege
o
(2)
Where
the
Fee
Regulatory
Committee,
onffmeipt
of
any
complaint
or
otherwise,
is
satisfied
after
due
inquiry
that
the
unaided
proftonal
educational
college
or
msHfnflon
has
collected
the
capitation
fee
or
the
fees
in
excess
of
the
fee
determined
by
the
Fee
Regulatory
Commiuee
under
sub-section
Cl)
of
section
10,
it
ma
-
(i)
direct
theconcernefi
coHege
o
~
to
refund
the
fee
so
`
coHected
in
excess
of
the
fee
detefmmed
by
the
Commiftee
or
refund
the
capitation
fee
so
collected;
__________________________________________________
stamfofy
authority
fort&king
appropriate
action
against
such
college
or
~
14.
Whoever
contravenes
any
of
the
provisions
of
this
Act
or
the
rules
made
thereunder
shall,
on
convicfloft,he
punishablewifHfme
wlnch
may
extend
tnfupees
twenty
lalms.
15.
No
court
shall
take
cognizance
of
any
offence
punishable
under
this
cace
of
Act
except
on
a
complaint
made
by
an
officer
anfhormed
by
the
State
'Hence'
Government
in
mis
behalf,
by
0
Geue
~~
or~
~
~
~or
rules
made
thereunder
be
deemed
to
be
a
public
servmnwufdn
the
meaning
of
section
21
of
the
Indian
Penal
Code.
17.
No
suilt,
prosecution
or
other
legmfemeedmg
shall
lie
against
any
member
of
the
Committee,
officer
or
employee
of
the
Government
for
anything
which
is
in
good
faith
done
or
purported
tobe
done
in
pursuance
of
the
provisions
of
this
Act
or
any
rules
made
there
under.
18.
The
State
Government
may,
from
time
to
time,
issue
such
directions
mt
inconsistent
wifhtfte
provisions
offing
Act,
to
any
professional
edncamnal
college
orinstmmon
or
to
the
Committee
or
the
officer,
as
it
may
mmhfumtfns
reganl,
forthe
purpose
of
carrying
ontthe
provisions
of
this
Act,
rules
or
orders
made
thereunmrandfm
professional
educational
colleges
or
institutions
or
the
Commiuee
or
the
officers
shall
be
d
by
h
o
19.
The
provisions
of
this
Act
shallhave
effeetnotwithstandmg
anything
inconsistent'therewith
cannoned
in
any
other
State
law
for
the
force.
2().
Cl)
The
State
Government
may,
by
mtiflcation
in
the
Oclot
Gaecue,
maim
rules
farcarrying
out
the
purposes
of
this
Aet.
Q)
All
rules
made
under
this
section
shall
be
laid
for
mt
less
than
thirty
days
before
the
State
I..egislature
as
soonn
possible
aflerfney
are
madeand
shall
othe
rescission
by
theState
Lemsmmmor
to
such
modification
asfhe
State
ature
may
mshe
during
the
session
in
which
they
are
so
laid
or
the
session
'unmediately
following
21.
(1)If
~
arisesmgivmfl
effect
mmepmvisions
of
this
Act,
me
State
Government
may,
by
order
published
in
the
O
Gazette,
make
such
provisions
not
inconsistent
with
the
provismns
of
this
Act,
as
may
appear
to
it
to
be
necessary
or
e
for
removing
the
difEculty:
Provided
that
no
order
under
sub-section
(1)
shall
be
made
after
the
expiry
of
two
years
from
the
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
State
Legmlamm.