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

AUTHORITATIVE ENGLISH TEXT 
THE HIMACHAL PRADESH PRIVATE MEDICAL 
EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION 
AND FIXATION OF FEE) ACT, 2006 
ARRANGEMANT OF SECTIONS 
Sections: 
1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Regulation of admission, fixation of fee and 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.  Penalties. 
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) 
(Received the assent of the Governor on 27th September, 2006 and 
was published both in Hindi and English the Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated 20th September, 2006, pp. 4893-4910) 
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:- 
2  THE HIMACHAL PRADESH PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS 
(REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2006  
1. Short title, extent and commencement-(1) This Act may be 
called the Himachal Pradesh Private 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 7th day of July, 
2006.  
2. Definitions.-   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 anybody, 
under the Control of 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 the 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, 
THE HIMACHAL PRADESH PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS  3 
(REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2006  
State Government or Union Territory Administration of any 
agency or instrumentality of the Central or State Government; 
(k) “Qualifying Examination” means the minimum eligibility 
qualification or its equivalent prescribed by the concerned 
statutory authority for taking admission in 1st 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 making of 
reservation.- (1) The State Government may regulate admission, fix fee and 
make reservation for different categories 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 State 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 satisfied that the institution affiliated to 
the HimachalPradeshUniversity, has contravened any provision of this Act, it 
may recommend to the HimachalPradeshUniversity 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 of making 
admissions in the institutions, charging of fee by the institutions and on any 
other matter, which may be necessary to facilitate smooth running of the 
system and to remove grievances. 
4  THE HIMACHAL PRADESH PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS 
(REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2006  
4. Eligibility criteria for admission.- (1) 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. 
(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 medical 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 with 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, 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 given 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 fee.-  (1) The State Government while determining, or 
the Committee 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:- 
THE HIMACHAL PRADESH PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS  5 
(REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2006  
(a)  the location of the institution; 
(b)  the nature of the medical courses; 
(c)  the cost of land and building; 
(d) the available infrastructure and equipment; 
(e) the expenditure incurred or being incurred on faculty, 
administration and maintenance; 
(f)  the reasonable profit, required for the growth and 
development of the institution; and  
(g) any other relevant factor, which 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 seek admission in those institutions, a reasonable 
opportunity to express their view points 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 rank 
of a joint Secretary to the State Government for entertaining complaints with 
regard to the contravention of the provisions of this Act or any notification 
issued thereunder. 
(2) The State Government may also take a suo-moto notice of the 
contravention for the provisions of this Act or any notification issued 
thereunder. 
(3) The State Government may cause an enquiry to be made into the 
allegations levelled by the complainant or on its suo-moto initiative and take 
the following actions, 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 
6  THE HIMACHAL PRADESH PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS 
(REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2006  
(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 
Institutions as well as summoning of any 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 contravened any of the provisions of this 
Act or any notification issued thereunder, take any or all of the following 
actions, namely:- 
(a) cause the withdrawal of affiliation or 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 admit a student to whom admission 
has been wrongly denied. 
(2)  Before taking 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 necessary or expedient for 
carrying out the purposes 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. 
THE HIMACHAL PRADESH PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS  7 
(REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2006  
(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 against 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. Power to make rules.-  (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) shall be subject to the condition 
of previous publication in the Official Gazette. 
(3) 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. 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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