The Haryana Private Technical Education Institutions (Regulation of Admission and Fee) Act, 2012 (18 of 2012)

HARYANA GOVT. GAZ. (EXTRA). SEPT. 10, 2012 231
(BHDR. 19, 1934 SAKA)
'
PART I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 10th September, 2012
No. Leg. 23/2012.—The following Act of the Legislature of the State
of Haryana received the assent of the Governor of Haryana on the
6th September. 2012, and is hereby published for general information:—
HARYANA ACT NO. 18 OF 2012
THE HARYANA PRIVATE TECHNICAL EDUCATIONAL
INSTITUTION (REGULATION OF ADMISSION AND FEE) ACT, 2012
AN
Aer
to provide for regulation of admission and fee for technical
courses run by a private technical educational institution
in the State of Haryana and for matters connected
therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty—third
Year of the Republic of India as follows :—
CHAPTER 1
PRELIMINARY
1. This Act may be called the Haryana Private Technical Educational Short title.
Institution (Regulation of Admission and Fee) Act, 2012.
2.’ In this Act. unless the context otherwise requires,— Definitions.
(a) “aided technical educational institution" means a private
technical educational institution, other than a minority
institution including a university, receiving aid or grant-in-aid
or assistance in whole or in part from the State Government or
the Central Government or any other local authority;
(b) “Committee" means a State Committee, constituted by the
State Government under section 3 of this Act for regulation
of admission and fee in private technical educational
institution; .
(c) “common entrance test" means an entrance test conducted by
the State Government or any agency authorized by it. or an all
India test recognized by the State Government, for admission
to a technical course run by a private technical educational
institution;
((1) “Council" means a statutory body by whatever name called,
constituted under an Act of the Parliament for regulating a
technical course;

232 HARYANA GOVT. GAZ. (EXTRA), SEPT. 10, 2012
(BHDR. 19, 1934 SAKA)
(e)
(f)
(g)
(h)
(i)
(i)
(k)
(I)
(m)
(n)
(0)
(p)
“Director General” means the Director General, Technical
Education, Haryana;
“fee” means all kind of fee chargeable by a private technical
educational institution from student, by whatever name called,
including inter alia admission fee. tuition fee, development
charges, transport charges, hostel charges, mess charges etc;
“management category” means a category of seats comprising
such seats out of sanctioned intake of students in a private
technical educational institution, as may be allocated by the
State Government to the management;
“minority institution” means a private technical educational
institution established and administered by a minority;
“minority
“
means a community declared as such by the State
Government, by notification;
“open merit category seats” means a category of seats except
the seats allotted to management category;
“private technical educational institution" means an institution
offering a technical course and run by an individual, firm,
company, association of persons, body of individuals, trust,
society or any other legal entity and includes a private
university established and incorporated by an Act of the
Legislature or deemed to be university, defined under section
3 of the University Grants Commission Act, 1956;
“qualifying examination" means an examination, passing of
which is mandatory for a student to get admission to a technical
course in a private technical educational institution;
“sanctioned intake” means and implies the total number of
seats notified by the competent authority for admitting students
in each technical course of study in a private technical
educational institution;
“State Board of Technical Education” means State Board of
Technical Education established under section 6 of Haryana
State Board of Technical Education Act, 2008 (Act No.19 of
2008);
“State Government” means the Government of the State of
Haryana in the Administrative Department of technical
education;
“technical course" means a course of study recognized and
prescribed by the AllIndia Council for Technical Education,

HARYANA GOVT. GAZ. (EXTRA). SEPT. 10, 2012 233
(BHDR. 19. 1934 SAKA)
____—_,.__——————-—————-—
Pharmacy Council of India or Council of Architecture and also
includes all such other courses as the State Government or
Central Government may declare by an order to be a technical
course.
CHAPTER II
THE COMMITTEE
CONSTITUTION, FUNCTIONS, POWERS AND DISQUALIFICATION
3. (l) The State Government shall constitute a committee for regulating
admission and fee charged for a technical course by a private technical
educational institution in the State of I-Iaryana consisting of following, namely:-
(i) a Chairperson, who shall be a retired Judge of Hon’ble
Supreme Court / Hon’ble High Court or former Vice
Chancellor of a University or has experience in public
administration at senior position;
(ii) Director General Technical Educational (ex-officio) Member
Secretary;
(iii) a Chartered Accountant of repute as member;
(iv) a person having wide experience in the administration of
- Technical Education as member;
(v) an aeademician not below the rank of Professor in
Engineering or Management as member.
4. (1) The Chairperson and Members of the Committee shall be appointed
by the State Government.
(2) The Chairperson and Members except ex—officio Member shall
hold office for a period of three years or till the attainment of age of seventy
years whichever is earlier and, in case of any vacancy arising earlier on account
of resignation or removal or attaining the age of 70 years or otherwise. the State
Government may fill such vacancy for the remaining period of the term.
(3) The terms and conditions of the appointment of the Chairperson
and Members other than ex-officio Member shall be such as may be prescribed.
5. The Chairperson and the member may resign from his office by giving
a notice in writing under his hand addressed to the State Government.
6. No act or proceedings of the Committee shall be deemed to be invalid
merely by reason of any vacancy in, or any defect in the constitution of the
Committee,
Constitution of
committee.
Appointment of
Chairperson and
Members and
their terms and
conditions.
Resignation.
Vacancy not to
invalidate
proceedings.

Disqualifications.
Removal of
Chairperson
and members.
Members of
Committee.
officers and
employees to be
public servants.
Functions.
Powers.
234 HARYANA GOVT. GAZ. (EXTRA) SEPT. 10. 2012
(BHDR. 19. 1934 SAKA)
7..No person shall be eligible for appointment or continue as a
Chairperson or member, if he,-
(i) has been associated with a private technical educational
institution; or
(ii) has been declared by the competent court to be of unsound
mind; or
(iii) is an undischarged insolvent; or
(iv) has been convicted by any court for an offence involving
moral turpitude.
8. The Chairperson or any member of the Committee may be removed
by the State Government before the expiry of his term, if he performs any act,
which, in the opinion of the Government is unbecoming of the Chairperson or
a member of the Committee:
Provided that the Chairperson or a member shall not be removed by
the State Government, without giving an opportunity of being heard.
9. The Chairperson, members, officers and employees of the Committee
while acting or purporting to act in pursuance of the provisions of this Act or
rules made thereunder, shall be deemed to be public servants within the meaning
of section 21 of the Indian Penal Code. 1860 (Act No. 45 of 1860).
10. Notwithstanding anything contained in any other State law for the
time being in force. the Committee shall regulate the admission process and the
fee structure for a technical course in a private technical educational institution
in the State of Haryana and the matters connected therewith and incidental
thereto.
11. (1) The Committee shall have powers to,-
(i) require any private technical educational institution to
place before it, the proposed fee structure for such
institution along with all the relevant
" '
ments and
the books of accounts;
(ii) verify whether the fee structure proposed by such
institution is justified;
(iii) approve the fee structure for such institution or
determine a different fee which shall be charged by
such institution for different courses run by it :
Provided that the Committee shall also approve the fee structure
for technical courses run by the aided technical educational institution in case
the said institution is not receiving any aid for the said course.

HARYANA GOVT. GAZ. (EXTRA). SEPT. 10, 2012 235
(BHDR. 19, 1934 SAKA)
_—_______—___._————————
(2) The Committee may frame its own procedure for the conduct of
its proceedings.
(3) The fee structure so determined by the Committee shall be
binding on the private technical educational institution for a period of three
years and the same fee shall continue further if the private technical educational
institution does not approach the Committee for revisiOn.
(4) The fee determined by the Committee shall be applicable to a
student who is admitted in a technical course in an academic year and shall not
be revised for him till the completion of his course in that private technical
educational institution.
(5) A private technical educational institution shall not be allowed
to charge or collect any fee other than the fee determined by the Committee
under sub-section (1) and shall not be allowed to collect the fee at a time, more
than the fee of one term from a student in an academic year.
12. (l) The Committee. for the purpose of making inquiry under this
Act, shall have same powers as a Civil Court under the Code of Civil Procedure,
1908 (Act No. 5 of 1908) while trying a suit. in respect of the following matters,
namely:-
(i) summoning and enforcing the attendance of any witness
and examining him on oath;
(ii) requiring the discovery and production of any document(s);
(iii) receiving evidence on affidavit; and
(iv) appointing Commission for examination of witness or for
local inspection;
(2) Any proceeding before such Committee shall be deemed to be
judicial proceeding for the purpose of section 196 of the Indian Penal Code,
1860 (Act No. 45 of 1860).
CHAPTER [[I
ADMISSIONS
13. (1) The Committee shall regulate the admissions in a technical course
run by a private technical educational institution, made on the basis of the merit
secured by the student in the Common Entrance Test or by any other method
prescribed by the Government.
Power of making
inquiry.
Admission.
eligibility,
allocation of
seats, manner of
admission.
minimum
qualifying
standard for
admission.

Void admission.
Reservation of
seats.
Fee.
236 HARYANA GOVT. GAZ. (EXTRA), SEPT. l0. 2012
(BHDR. 19. 1934 SAKA)
________________—————————-————
(2) The eligibility for admission to a technical course in a private
technical educational institution shall be such as may be decided by the mate
Government.
(3) The State Government may. by order. allocate seats for
management category out of sanctioned intake. in private technical educational
institution. other than minority institution.
(4) A private technical educational institution-
(i) shall make admission to a technical course under the
open merit category, on the basis of the Common Entrance
Test or the procedure as may be prescribed by the State
Government; and
(ii) may make admission to a seat under the management
category, by directly receiving applications from persons
who have passed qualifying examination and after
following a transparent process of determining inter-5e
merit or any other method, as may be prescribed by the
State Government for a private technical educational
institution or category of technical courses or category of
such institutions.
(5) No student shall be admitted in a technical course unless he
fulfills the eligibility criteria including the minimum qualifying marks as
prescribed by the State Government.
14. Every admission to a technical course in a private technical educational
institution shall be made in accordance with the provisions of this Act or the
rules made thereunder and every admission made in contravention thereof, shall
be void.
15. The State Government may, direct a private technical educational
institution to make reservation of seats in admission to various technical courses
in the manner, as may be prescribed from time to time.
CHAPTER IV
FIXATION OF FEE
16. (1) Every private technical educational institution shall propose its
fee structure for each course separately on the basis of the guidelines issued by
the Committee and the proposed fee structure shall be examined, approved and
regulated by the Committee and the same shall be binding on such institution.

HARYANA oovr. GAZ. (EXTRA). sum: 10. 201: 237
(BHDR. 19. l934 SAKAi
_________________———————
(2) Differ'ent fee structure may be determined for different courses
and for different institutions.
(3) In case a private technical educational institution does not
propose its fee structure, the provisional fee structure as decided by the Committee
shall be applicable to such institution.
17. (l) The fee shall be so fixed as to recover the actual cost of
imparting education on recurring basis. While assessing the fee, inter-alia, the
following expenses are to be taken into account. namely:-
(a) establishment cost of faculty and supporting staff:
(b) operation and maintenance charges;
(c) fee charged by Council, affiliating university and
Haryana State Board of Technical Education:
(d) development fee to serve the following purposes, namely:—
(i) laying and up-gradation of infrastructure;
(ii) betterment and growth of the institution; and
(iii) special amenities to the students;
(e) other miscellaneous charges, such as hostel fee, mess
charges and transport charges, etc.:
Provided that services and facilities such as hostel,
mess and transport shall be provided on no profit no loss
basis.
(2) Before determining fee, the private technical educational
institution, parents or guardians and representatives of students already studying
therein shall be given a reasonable opportunity to express their view point in
writing with respect to the determination of fee.
18. No private technical educational institution shall charge or collect
or cause to be charged or collect capitation fee on its behalf from any student
or his relative in consideration of his admission to or continuance in any
technical course of study in such institution.
CHAPTER V
MAINTENANCE OF ACCOUNTS BY INSTITUTION
19. (1) Every private technical educational institution shall maintain
accounts on the basis of accounting principles applicable to non-business
organization, not for profit organization that is it shall keep the accounts on
“Fund Based Accounting under accrual basis of accounting.
(2) A private technical educational institution may charge
development fee not exceeding fifteen percent of the total amount of tuition fee.
Factors for
determination of
fee.
Prohibition of
capitation fee.
Maintenance of
accounts.

Act to have
overriding effect.
Action for
contravention of
provisions of
Act.
Imposition of
fine.
238 HARYANA GOVT. GAZ. (EXTRA), SEPT. 10, 2012
(BHDR. 19, 1934 SAKA)
The development fee shall be treated as capital receipt and shall be collected
only if the institution maintains the “Depreciation Reserve Fund” equivalent to
the depreciation charges in the revenue accounts.
(3) The society, trust, organization, association of persons, company,firm or any legal entity owning the private technical educational institutionshall be required to maintain separate accounts for the society, trust, organization,association of persons, firm and the institution, as the case may be. If the society,trust, organization, association of persons, company, firm or any legal entityowning the private technical educational institution, is running more than one
institution, then separate accounts shall be maintained for each institution.
CHAPTER VI
MISCELLANEOUS
20. The provisions of this Act shall have effect notwithstanding anythinginconsistent therewith contained in any other State law for the time being inforce.
21. (1) Where the Director General, on receipt of any complaint or
otherwise, is satisfied after due inquiry, that a private technical educationalinstitution has charged capitation fee or fee in excess of the fee determined bythe Committee, it may-
(i) direct the concerned institution to refund the capitationfee or the fee charged in excess of the fee determined bythe Committee, as the case may be;
(ii) direct the concerned institution to refund the fee in case
where the student withdraws from the course as per
norms of Council /State Government;
(iii) recommend to the State Government, universityconcerned or Council or the statutory authority for taking
appropriate action against such institution.
(2) Before taking any action or passing an order, the Director Generalshall provide a reasonable opportunity of being heard to the private technicaleducational institution.
22. (1) Where the Director General, on receipt of any complaint or suo—
motu, is satisfied after due inquiry, that a private technical educational institutionhas contravened or violated any of the provisions of this Act or the rules made
thereunder, then a fine of rupees five lakh shall be imposed on such institutionand for every subsequent violation of this Act a fine of rupees ten lakh shallbe imposed which if not paid, shall be recoverable as arrears of land revenue.
(2) Before taking any action or passing an order under sub-section
(1) above, the Director General shall provide a reasonable opportunity of beingheard to such institution.

HARYANA GOVT. GAZ. (EXTRA.), SEPT. ID, 2012 239
(BHDR. 19. 1934 SAKA‘)
23. Any person or private technical educational institution aggrieved by
any direction or order passed under sections 21 or 22 of this Act, may file an
appeal to the State Government within a period of thirty days from such order
or direction.
24. No civil court shall have jurisdiction to entertain and try any suit or
proceedings in respect of anything done, action taken or order or direction
issued by the State Government, Committee, Director General, or its officers in
pursuance of powers conferred by or in relation to any of the functions under
this Act.
25. The State Government may. from time to time, issue such directions
not inconsistent with the provisions of this Act or the rules made thereunder,
to any Institution or the Committee or the officer or official connected with the
affairs of the Committee, as it may deem fit, for the purpose of carrying out the
provisions of this Act. rules or orders made thereunder and the Institution or
the Committee or the officer or official shall be bound by such direction.
26. The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
27. If any difficulty arises in giving effect to the provisions of this Act,
the State Government may, by order to be published in the Official Gazette,
make such provision or give such directions not inconsistent with the provisions
of this Act, as appear to it to be necessary or expedient for removing the
difficulty:
Provided that no such order shall be made after the expiry of a period
of two years from the date of commencement of this Act.
28. No suit, prosecution or other legal proceedings shall lie against the
State of Haryana or any officer of the State Government or the Committee, for
anything which is done in good faith or intended to be done under this Act.
29. From the date of the commencement of this Act. all executive
instructions issued by the State Government in respect of admissions and fee
regulation in all private technical educational institutions except minority
institutions of the State of Haryana shall stand superseded:
Provided that notwithstanding such supersession anything done or
action taken under the instructions shall be deemed to have been done or taken
under the provisions of this Act and shall remain in force till the Committee
constituted under this Act modifies the same.
MANJIT SINGH.
Secretary to Government. Haryana.
Law and Legislative Department.
Si)3l4—l..R.—H.G.P.. Chd.
Appeal.
Bar of
Jurisdiction.
Power to give
directions.
Power to make
rules.
Power to
remove
difficulties.
Protection of
action taken in
good faith.
Supersession
and savings.

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