The Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006

AUTHOURITATIVE ENGLISH TEXT 
THE HIMACHAL PRADESH PRIVATE MEDICAL 
EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION 
AND RIXATION FO REE) ACT, 2006 
ARRANGEMANT OF SECTIONS 
Sections: 
1. Short title, extent and commencement. 
2. Definitions. 
3. Regulation of admission, fixation of fee making of reservation.  
4.Eligibility criteria for admission. 
5. Allocation of seats. 
6 Reservation of seats. 
7. Fixation of fee. 
8 Mechanism for dealing with contraventions. 
9. Penalities. 
10 Powers of the State Government to issue directions. 
11 Power to remove difficulties. 
12 Protection of actions taken in good faith. 
13 Power to make rules. 
14 Repeal of Ordinance No. 4 of 2006 and savings. 
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THE HIMACHAL PRADESH PRIVATE MEDICAL EDUCATIONAL 
INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION 
OF FEE) ACT, 2006 
(ACT NO. 16 of 2006)
1 
(Received the assent of the Governor on 27 th September, 2006 and 
was published in Hindi and  English R.H.P. Extra, dated -20-09-2006. P 4895- 
4910) 
AN ACT to provide for regulation of admission and fixation of fee in 
Private Medical Educational Institutions in the State of Himachal 
Pradesh and for the matters connected therewith or incidental 
thereto. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Fifty-seventh Year of the Republic of India, as follows:- 
                                                 
1 Passed in Hindi by the Himachal Pradesh Vidhan Sabha For Statement of Objective 
and Reservation See R.H.P. Extra dated 25-08-2006, P. 4000-4006. 
 2
1. Short title, extent and commencement -(1) This Act may be 
called the Himachal Pradesh Privat e Medical Educational Institutions 
(Regulation of Admission and Fixation of Fee) Act, 2006.  
(2) It extends to the whole of the State of Himachal Pradesh. 
(3) It shall be deemed to have come into force on 7 th day of July, 
2006.  
2. In this Act, unless the context otherwise requires,- 
(a) “Aided Institution” means a Private Medical Educational 
Institution, receiving financial aid or assistance in whole or in 
part from the Central or State Government or from any body, 
under the Control Central or State Government disbursing 
grant-in-aid or financial assistance and shall include a minority 
institutions; 
(b)” Common Entrance Test’ means an entrance test, for the purpose 
of admission to a Medical Course, conducted by an agency 
authorized by the State Government, by a notification published 
in the Official Gazette or, pending such notification, by the 
State Government; 
(c.) “fee means all fee including tuition fee and development charges; 
(d) “general category” shall mean and imply seats from out of the 
sanctioned intake of institution; not being seats in the 
management category, allocated to be filled by the State 
Government in the manner as may be prescribed; 
(e) “management category” shall mean and imply seats in an 
institution; from out of the sanctioned intake, other than those 
filled by the authorized agency of the State Government, 
allocated to the management of the institution for being filled 
by it in accordance with the provisions of this Act; 
(f) “medical course” means any approved professional course in 
medicine, dentistry, nursing, pharmacy, para-medical or in any 
other system of medicine, which are recognized or approved 
under the respective Act governing that course; 
(g) “Non-Resident Indian Student” means the wards of Indian having 
Non-Resident India status under th e law and who have passed the 
qualifying examination from abroad; 
(h) “notification” shall mean a notification published, under proper 
authority, in the Official Gazette; 
(i) “Official Gazette” shall mean the Rajpatra of Himachal Pradesh; 
(j)”Private Medical Educational Institution” means an institution not 
promoted or run by the Central Government, State Government or 
Union Territory Administration of any agency or instrumentality 
of the Central or State Government; 
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(k) “Qualifying Examination” means the minimum eligibility 
qualification or its equivalent prescribed by the concerned 
statutory authority  for taking admission in 1 st year of the medical 
course; 
(l) “sanctioned intake” shall mean and imply the total number of seats 
sanctioned by the State Government for admitting students in 
each course of study in a Private Medical Educational Institution; 
(m) ”State” means the State of Himachal Pradesh; 
(n) “State Government” means the Government of Himachal Pradesh; 
and  
(o) “Unaided Institution” means a Private Medical Educational 
Institution, not being an Aided Institution. 
3.Regulation of admission, fixation of fee and madding of 
reservation.-(1) The State Government may regulate admission, fix fee and 
make reservation for different categori es in admissions to Private Medical 
Educational Institutions. 
(2) The State Government shall ensure that the admission under all 
the categories in an institution is done in a fair and transparent manner; 
(3) The State Government, may constitute an Admission and Fee 
Committee, (hereinafter referred to as the ‘Committee’)’ consisting of such 
members as may be specified by the St ate Government, by notification, to 
recommend the mode of admission, making of reservation, allocation of seats 
and fixation of fees etc. to the State Government. 
(4) The State Government, shall oversee the working of Admission 
and Fee Committee. 
(5) The terms and conditions of the Committee constituted under sub-
section (3) and its members shall be specified, by the State Government, by 
notification from time to time. 
(6) If the State Government is satisfi ed that the institution affiliated to 
the Himachal Pradesh University, has contravened any provision of this Act, it 
may recommend to the Himachal Pradesh University for withdrawal of 
recognition or affiliation of such institution. 
(7) The State Government, shall take appropriate action wherever 
deemed necessary, with regard to improvement in the system in the system of 
making admissions in the institutions, charging of fee by the institutions and 
on any other matter, which may be ne cessary to facilitate smooth running of 
the system and to remove grievances. 
4. Eligibility criteria for admission. -The eligibility criteria for 
admission to a Private Medical Educational Institution shall be such, as may 
be determined and notified by the State Government from time to time. 
(2) The State Government may get a Common Entrance Test 
conducted for admission to each medical course. 
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(3) The admission shall be made on the basis of Common Entrance 
Test in accordance with merit in each category as per rules and by way of 
centralized receipt of applications, by  making centralized counseling of such 
students in all the categories for each medi cal course, in a fare and transparent 
manner in accordance with the manner and procedure as may be determined 
by the State Government from time to time. 
5. Allocation of seats.-  (1) An Unaided Private Medical Educational 
Institution may reserve upto fifty percent seats to the total sanctioned intake as 
a management category quota of seats w ith statutory reservations as may be 
determined by the State Government. 
(2) In the case of admission of Non-Resident Indian students,- 
(a) a Private Medical Educational Institution may admit such students 
against such number of seats, number of seats, as may be notified 
by the State Government; and 
(b) admission shall be made against the seats, notified as management 
category: 
Provided that the total number of seats for the Non-Resident Indian 
Students Shall not exceed fifteen per cent of the total sanctioned intake. 
Provided further that in case the seats of Non-Resident Indian 
Students remain vacant, the same shall be filled in the following manner:- 
(i) First preference shall be given to those Indian students who are 
sponsored by Non-Resident Indians, the mode of which shall be 
determined by the state Government from time to time; and  
(ii) Second preference shall be give n to those Indian students who are 
ready to pay fees in Indian currency equivalent to fees in US 
Dollars as may be fixed by the State Government from time to 
time. 
6. Reservation of seats.- All Private Medical Educational Institutions 
shall reserve seats for admission in general category and management 
category, for advancement of socially and educationally backward classes and 
for the Scheduled Castes and Scheduled  Tribes to such extent, as may be 
notified by the State Government from time to time. 
7. Fixation of f ee.- (1) The State Government while determining, or 
the Committed constituted under sub-section (3) of section 3 while 
recommending to the State Government, the fee to be charged by a Private 
Medical Educational Institution, shall consider the following factors:- 
(a) the location of the institution; 
(b) the nature of the medical courses; 
(c ) the cost fo land and building; 
(d) the available infrastructure and equipment; 
(e) the expenditure incurred or being incurred on foaculty, 
administration and maintenance; 
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(f) the reasonable profit, requited for the growth and development of 
the institution; and  
(g) any other relevant factor, whic h the State Government deems just 
and appropriate for the determination of fee. 
(2) Before determining fee under sub-section (1), the State 
Government or the said Committee, as the case may be, shall give the 
concerned Private Medical Educational Institutions and the representatives of 
the students already studying in such institutions and the representatives of the 
students who intend to seed admissi on in those institutions, a reasonable 
opportunity to express their view point in writing in respect to the fee 
determination. 
(3) Notwithstanding anything contained in sub-sections (1) and (2), 
the State Government may, in public interest, determine a provisional fee 
structure: 
Provided that the fee shall be fixed in accordance with the provisions 
of sub-section (1) and sub-section (2) within a period of ninety days from the 
fixation of such provisional fee. 
(4) Notwithstanding anything contained in sub-sections (1) and (2), 
the State Government shall have the power to review the fee structure fixed by 
any Committee, prior to the commencement of this Act. 
8. Mechanism for dealing with contraventions.-( 1) The State 
Government shall, by notification, appoint a nodal officer, not below the rand 
of a joint Secretary to the State Govern ment for entertaining complaints with 
regard to the contravention of the prov isions of this Act of any notification 
issued thereunder. 
(2) The State Government may also  take a suo-moto notice of the 
contravention for the provisions of th is Act or any notification issued 
thereunder. 
(3) The State Government may cause an enquiry to the made into the 
allegations leveled by the complainant or on its suo-moto initiative and take 
the following action, namely:- 
(a) file the complaint, if in its opinion, it is a vexatious, anonymous or 
Pseudonymous complaint; or 
(b) direct the complainant to furnish additional information or an 
affidavit in support of his allegations; or 
(c) take such action, as it may deem appropriate, keeping in view the 
facts and circumstances of the case. 
(4) For conducting an enquiry under sub-section (3), a summary 
procedure shall be followed and the enquiry shall be completed within a 
period of sixty days. 
(5) The nodal officer shall have the powers of a civil court to access, 
obtain and scrutinize the records of the Private Medical Educational 
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Institutions as well as summoning of an y person or any relevant official 
record, which he may deem necessary. 
9. Penalties.-(1) The State Government if it is satisfied that a Private 
Medical Educational Institution has contra vened any of the provisions of this 
Act or any notification issued there under, take any or all of the following 
actions, namely:- 
(a) cause the withdrawal of affiliation of recognition of such 
institution from the university or any other authority or body to 
which such institution is affiliated; 
(b) impose a fine on such institution, which may extend to fifteen 
times of the excess fee charged and in the event of non-deposit of 
fine, it shall be recoverable as arrear of land revenue; 
(c) direct such institution to cancel the admission or registration of a 
student, who has been admitted to such institution in 
contravention of the provisions of this Act or the notification 
issued thereunder; and  
(d) direct such institution to adm it a student to whom admission has 
been wrongly denied. 
(2) Before taking any action under any action under sub-section (1), a 
reasonable opportunity of being heard shall be provided to such 
institution by the State Government. 
10. Powers of the State Government to issue directions.-  The State 
Government may, From time to time. Issue to the Private Medical Educational 
Institutions such directions, as in its opinion, are necessar y or expedient for 
carrying out the purpose of this Act and the notifications issued thereunder, 
and such institutions shall comply with the directions. 
11.Power to remove difficulties. -(1)If any difficulty arises in giving 
effect to any of  the provisions of this  Act, the State Government may, by an 
order published in the Official Gazette, make such provisions, not inconsistent 
with the provisions of this Act, as may appear to it to be necessary 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. 
(2) Every order made under this section shall be laid, as soon as may 
be after it is made, before the legislature of the State. 
12. Protection of action taken in good faith.- No suit, prosecution or 
other legal proceedings shall lie agains t the State Government or any officer 
or employee of the State Government or any other person or authority, 
authorized by the State Government for anything, which is done or intended to 
be done in good faith under this Act or the notification issued thereunder. 
13. (1) The State Government may, by notification in the Official 
Gazette, make rules to carry out the provisions of this Act. 
(2) Rules made under sub-section (1) sh all be subject to the condition 
of previous publication in the Official Gazette. 
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(3) Power to make rules.-  Every rule made under this Act shall be 
laid, as soon as may be after it is made, before the Legislative Assembly, 
while it is in session for a total period of ten days which may be comprised in 
one session or in two or more successive sessions, and if, before expiry of the 
session in which it is so laid or the successive sessions aforesaid, the 
Legislative Assembly agrees in making any modification in the rule or agrees 
that the rules should not be made, the rule shall, thereafter have effect only in 
such modified form or be of no effect, as the case may be, so however, that 
any such modification or annulment shall be without prejudice to the validity 
of anything previously done under that rule. 
14 (1) Repeal of Ordinance no. 4 of 2006 and savings.-  (1) The 
Himachal Pradesh Private Medical Educational Institutions (Regulation of 
Admission, Fixation of fee and Making of Reservation) Ordinance. 2006 is 
hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken 
under the Ordinance so repealed shall be deemed to have been done or taken 
under the corresponding provision of this Act 
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