LexThe Himachal Pradesh Technical and Vocational Educational Institutions (Regulation of Admission and Fixation of Fee) Act , 2008
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH PRIVATE TECHNICAL AND
VOCATIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF
ADMISSION AND FIXATION OF FEE) ACT, 2008
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Applicability.
3. Definitions.
4. Regulation of admission, fixation of fee and making of
reservation.
5. Eligibility criteria for admission.
6. Allocation of seats.
7. Reservation of seats.
9. Fixation of fee.
10. Mechanism for dealing with contraventions.
11. Powers of the State Government to issue directions.
12. Power to remove difficulties.
13. Protection of action taken in good faith.
14. Power to make rules.
15. Repeal of Ordinance No. 1 of 2008 and saving.
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THE HIMACHAL PRADESH PRIVATE TECHNICAL AND
VOCATIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF
ADMISSION AND FIXATION OF FEE) ACT, 2008
(ACT NO. 16 OF 2008)1
(Received the assent of the Governor on the 4th October, 2008 and
was published in both Hindi and English in the Rajpatra, Himachal Pradesh,
dated 7th October, 2008, pp. 4189-4213).
An Act to provide for regulation of admission and fixation of fee in
Private Technical Educational Institutions and Professional
Technical Educational Institutions in the State of Himachal
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 10th September,
2008, pp. 3714-3715 and 3728.
2 THE HIMACHAL PRADESH PRIVATE TECHNICAL AND VOCATIONAL EDUCATIONAL
INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2008
Pradesh and for the matters connected therewith or incidental
thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Technical and Vocational Educational
Institutions (Regulation of Admission and Fixation of Fee) Act , 2008.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall be deemed to have come into force on 30th of May, 2008.
2. Applicability.- This Act applies to,-
(a) The institutions deemed to be Universities, or Universities
established under a State Act or constituent units thereto,
other than those promoted and maintained by the Central
Government; and imparting technical vocational or
professional education; and
(b) The private aided or unaided technical, vocational or
professional educational institutions affiliated to a University,
which has been established under section 2(f) of the
University Grants Commission Act,1956 (3 of 1956).
3. Definitions.- In this Act, unless the context otherwise requires,—
(a) “aided institution” means a Private Technical Institution,
receiving financial aid or assistance in whole or in part from
the Central or the State Government or from any Body, under
the control of Central or the State Government disbursing
grant- in- aid or financial assistance and shall include a
minority institution;
(b) “common entrance test” means an entrance test for the
purpose of admission to a technical or professional 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 for various categories of admissions viz . open seats ,
management seats and Non-Resident Indian quota;
(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 prescribed;
(e) “management category” shall mean and imply seats from out
of the sanctioned intake allotted to the management of the
institution for being filled by it in a fair and transparent
THE HIMACHAL PRADESH PRIVATE TECHNICAL AND VOCATIONAL EDUCATIONAL 3
INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2008
manner, on the basis of the inter-se merit determined by a
common entrance test;
(f) “technical or professional course” means any approved
professional course in engineering, pharmacy, non-
engineering or vocational courses or any other course of
technical education which are recognized or approved under
the respective Act governing that course;
(g) “Non-Resident Indian Student” means the wards of Indian
citizens residing abroad 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 technical, vocational or professional educational
institution” means an institution not established or promoted
or run by the Central Government, the State Government or
the Union Territory Administration or any agency or
instrumentality of the Central or the State Government;
(k) “qualifying examination” means the minimum eligibility
qualification or its equivalent prescribed by the concerned
statutory authority for taking admission in first year/semester
of the technical or professional 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 engineering or
vocational 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 engineering or
vocational institution, not being an aided institution.
4. Regulation of admission, fixation of fee and making of
reservation.- (1) The State Government shall regulate admission, fix fee and
make reservation for different categories in admissions to private technical,
vocational or professional 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 shall constitute a Admission and Fee
Committee under the Chairmanship of Secretary (Technical Education)
(hereinafter referred to as the ‘Committee’), consisting of such members as
may be specified by the State Government, by notification, to recommend the
4 THE HIMACHAL PRADESH PRIVATE TECHNICAL AND VOCATIONAL EDUCATIONAL
INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2008
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 has
contravened any of the provisions of this Act, it may recommend to the
Himachal Pradesh University or All India Council for Technical Education or
National Council for Vocational Training or State Council for Vocational
Training, as the case may be, for withdrawal of recognition or affiliation of
such institution.
(7) The State Government shall take appropriate action whenever
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.
(8) No act or proceedings of the Committee shall be deemed to be
invalid by reason merely of any vacancy in, or any defect in the constitution
of the Committee.
(9) No person who is associated with a private aided or unaided
institution shall be eligible for being a member of the Admission and Fee
Committee.
(10) A member of the Admission and Fee 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 from the Committee,
without giving him an opportunity of being heard.
(11) The Admission and Fee Committee may frame its own procedure
in accordance with the Regulations notified by the State Government in this
regard.
(12) The Admission and Fee Committee may require a private aided
or unaided professional educational institution or, a deemed to be University
to furnish, by a prescribed date, information as may be necessary for enabling
the Committee to determine the fee that may be fixed by the institution in
respect of each professional course, and the fee so determined shall be valid
for such period as may be notified by the State Government.
5. Eligibility criteria for admission.- (1) The eligibility criteria for
admission to a private technical, vocational or professional educational
institution shall be such, as may be determined and notified by the State
Government from time to time.
THE HIMACHAL PRADESH PRIVATE TECHNICAL AND VOCATIONAL EDUCATIONAL 5
INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2008
(2) The State Government may get a common entrance test conducted
or adopt merit of any other all India level competitive examination for
admission to each such educational course. However, in case of Industrial
Training Institute or Industrial Training Centre and Vocational Training
Centre, the State Government may go by merit obtained in the qualifying
examination.
(3) The admission shall be made on the basis of common entrance test
or any other all India level examination in accordance with merit in each
category as per rules and by way of centralized receipt of applications, and by
making centralized counseling of such students in all the categories for each
technical course, in a fair and transparent manner in accordance with the
manner and procedure as may be determined by the State Government from
time to time.
6. Allocation of seats.- (1) A private technical, vocational or
professional educational institution shall reserve not less than sixty percent
seats of the total sanctioned intake as open seats which shall be filled in
accordance with the provisions of sub-section (3) of section 5, with statutory
reservations as may be determined by the State Government.
(2) In a private technical vocational or professional educational
institution not more than fifteen percent seats of total sanctioned intake shall
be filled up from amongst children or wards of Non-Resident Indians in order
of merit as per provisions of sub-section (3) of section 5:
Provided that such seats shall be utilized bonafide by the Non-
Resident Indians only.
(3) The State Government may, by notification, fix the percentage of
management seats in private technical vocational or professional educational
institutions. The management seats shall be filled in the order of merit as per
provision of sub-section (3) of section 5.
7. Reservation of seats.- All private technical educational and
professional 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 in the Official Gazette,
from time to time in conformity with prevailing law in this regard.
8. Fixation of fee.- (1) The Committee appointed by the State
Government shall determine fee, to be charged by a private technical ,
vocational or professional educational institution, located in the State, having
regard to the following factors, for all categories of admissions as a whole,
namely:-
(a) the location of the institution;
(b) the nature of the technical, vocational or professional courses;
(c) the cost of land and building;
(d) the available infrastructure and equipments;
6 THE HIMACHAL PRADESH PRIVATE TECHNICAL AND VOCATIONAL EDUCATIONAL
INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2008
(e) the expenditure incurred or being incurred on the faculty,
administration and maintenance;
(f) the reasonable profit, required for the growth and
development of the institution (not being more than 10% to
12% of the basic fee determined as above); and
(g ) any other relevant factor, which the State Government deem
just and appropriate for the determination of fee.
(2) Before determining fee under sub-section (1) , the said Committee
shall give the concerned technical, vocational or professional 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 with regard to the fee determination.
(3) Notwithstanding anything contained in sub- sections (1) and (2),
the State Government may, in the public interest, determine a provisional fee:
Provided that the fee shall be fixed in accordance with the provisions
of sub-section (1) and sub-section (2) within a period of sixty days from the
date of fixation of such provisional fee.
(4) No institution shall charge fee from any student for a period of
more than one academic year in any circumstances. However, in order to
safeguard interest of the institution, it may require submission of bond or
Bank Guarantee from the student for the balance fee.
9. Mechanism for dealing with contraventions.- (1) The State
Government shall, by notification in the Official Gazette, appoint a Nodal
Officer not below the rank of a Additional 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 of 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
(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 forty five days.
THE HIMACHAL PRADESH PRIVATE TECHNICAL AND VOCATIONAL EDUCATIONAL 7
INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2008
(5) The Nodal Officer shall have the powers of a civil court to access,
obtain and scrutinize the records of the private technical, vocational or
professional educational institutions as well as summoning of any person or
any relevant official record, which he may deem necessary.
10. Penalties.- (1) The State Government may, if it is satisfied that a
private 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 shall not be less than
fifteen times of the amount of excess fee charges from the
students subject to a minimum of rupees five lacs 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.
11. Powers of the State Government to issue directions.-The State
Government may, from time to time, issue to the technical educational and
professional 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 so issued.
12. Powers 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.
13. 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,
8 THE HIMACHAL PRADESH PRIVATE TECHNICAL AND VOCATIONAL EDUCATIONAL
INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2008
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.
14. Powers 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.
15. Repeal of Ordinance No. 1 of 2008 and saving.- (1) The
Himachal Pradesh Private Technical and Vocational Educational Institutions
(Regulation of Admission and Fixation of Fee) Ordinance, 2008 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 provisions of this Act.
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