Haryana act 018 of 2012 : The HARYANA PRIVATE TECHNICAL EDUCATIONAL INSTITUTION (REGULATION OF ADMISSION AND FEE ) ACT, 2012

HARYANA

GOVT.^GAZ.

(EXTRA).

SEPT.

10, ^2012231

(BHDR. ^{19, 1934}

SAKA)

'

PART ^I

HARYANA GOVERNMENT

LAW ^ANDLEGISLATIVE

DEPARTMENT

Notification The 10th

September,

2012

No.

Leg.

23/2012.—The

following ^Actofthe

Legislature

of the State of

Haryana

received ^theassent of the Governor of

Haryana ^onthe 6th

September.

2012, ^andis

hereby published

for

general

information:—

HARYANA ACT ^NO.18OF2012

THE HARYANA PRIVATE TECHNICAL

EDUCATIONAL

INSTITUTION

(REGULATION ^OFADMISSION ^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 ^orincidental

thereto. Be ^it

enacted

by ^the

Legislature

of ^theState of

Haryana ^inthe

Sixty—third Year of the

Republic

of India ^asfollows ^:—

CHAPTER ¹

PRELIMINARY

1 . ^ThisActmay 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 ^aidor

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^aState

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 ^anentrance^testconducted

by the State Government ^or

any agency authorized

by

it. ^{or an}

all India ^test

recognized by

the

State

Government,

for

admission to ^atechnical

course ^run

by ^a

private

technical educational institution;

((1)

"Council"

means ^a

statutory body

by

whatever ^name

called, constituted under ^anActof ^theParliament^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^aliaadmission ^fee.

tuition ^fee,

development charges, transport charges,

hostel

charges, ^mess

charges ^etc;

"management category"

means^a

category ^ofseats

comprising such seats ^outof

sanctioned

intake of

students in a

private technical

educational

institution, ^as

may be allocated

by

the State Government^tothe

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 ^ofseats

except the seats allotted ^to

management category;

"private

technical educational

institution" means^an

institution offering ^atechnical course^andrun

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 ^anActofthe Legislature ^ordeemed^tobe

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^ofTechnical Education

Act,

2008

(Act

No.19 of 2008);

"State Government" means the Government of the State

of Haryana ^intheAdministrative

Department ^oftechnical education;

"technical

course" means ^a

course of

study recognized

and prescribed by ^theAllIndia Council^forTechnical

Education,

HARYANA

GOVT. ^GAZ.

(EXTRA).

SEPT.

10, ^{2012 233}

(BHDR. ^19.1934

SAKA)

____—_,.__——————-—————-— Pharmacy

Council ^ofIndia ^orCouncil ^ofArchitecture ^andalso includes all ^suchother

courses ^astheState Government ^or Central

Government may declare

by ^anorder ^tobeatechnical course.

CHAPTER ^II

THE COMMITTEE

CONSTITUTION, FUNCTIONS,

POWERS ^AND

DISQUALIFICATION

3.

(l) ^TheState Government

shall constitute ^acommittee for

regulating admission ^andfee

charged ^{for a}technical

course

by ^a

private

technical educational

institution ^intheState^of

I-Iaryana consisting ^of

following, namely:-

(i) ^a

Chairperson, ^whoshall ^{be a}retired

Judge ^of

Hon'ble Supreme

Court ^/Hon'ble

High

Court ^orformer Vice

Chancellor ^{of a}

University ^orhas

experience ⁱⁿ

public administration ^atsenior

position; (ii)

Director General Technical Educational

(ex-officio) Member

Secretary;

(iii) ^aChartered

Accountant^of

repute ^as

member;

(iv) ^a

person having ^wide

experience ^intheadministration of

-

Technical

Education

as

member;

(v) ^anaeademician ^notbelow^therankof Professor ⁱⁿ

Engineering ^or

Management ^asmember.

4.

(1)

The

Chairperson

and

Members of ^theCommittee shall be

appointed by ^theState Government.

(2) ^The

Chairperson ^andMembers

except

ex—officio Member shall hold office ^{for a}

period ^ofthree years ^ortilltheattainment of^age of

seventy years

whichever^isearlier

and, in case of any vacancy arising

earlier ^onaccount of

resignation ^orremoval ^or

attaining ^{the ageof}70 years or otherwise. the State Government may^fillsuchvacancy for ^the

remaining period of ^the

term.

(3) ^The

terms^andconditions^{of the}

appointment ^ofthe

Chairperson and Members

other^thanex-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 ^ofthe Committee

shall be deemed to be invalid merely by

reason^ofanyvacancy^{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 ^notto invalidate proceedings.

Disqualifications. Removal of

Chairperson

and members.

Members of

Committee.

officers ^and

employees ^tobe public

servants. Functions. Powers.

234 HARYANA GOVT. GAZ.

(EXTRA)

SEPT.

10.

2012

(BHDR. ^{19. 1934}

SAKA)

7..No person shall

be

eligible

for

appointment ^orcontinue^{as a} Chairperson ^or

member, ^{if he,-}

(i) ^hasbeenassociated ^witha

private

technical educational institution; ^or

(ii) ^hasbeendeclared

by ^the

competent

court^{tobe of}unsound mind; ^or

(iii) ^isan

undischarged

insolvent; ^or

(iv) ^hasbeenconvicted

by ^any

court^foranoffence

involving moral

turpitude.

8. ^The

Chairperson ^or

any member of^theCommittee may be removed by ^theState Government

before^the

expiry ^{of his}term,^ifhe

performs^{any act,} which, ^inthe

opinion ^oftheGovernment^is

unbecoming ^ofthe

Chairperson ^or a member of the Committee:

Provided ^thatthe

Chairperson ^oramember

shall^notberemoved

by the State

Government,

without

giving ^an

opportunity

of

being

heard.

9. ^The

Chairperson,

members,

officers and

employees

of ^theCommittee while

acting ^or

purporting ^{to actin}

pursuance of^the

provisions ^of

this^{Act or} rules ^made

thereunder,

shall^bedeemed ^tobe

public

servants within^the

meaning of section ²¹

of ^theIndian Penal

Code. ¹⁸⁶⁰

(Act ^No.45^of

1860).

10.

Notwithstanding anything

contained ⁱⁿ

any other State^{lawfor the} time

being

in

force.

the Committee shall

regulate

the admission process and the fee structure for ^atechnical

course^ina

private

technical educational institution in the State of

Haryana

and the

matters connected therewith^andincidental thereto.

11.

(1)

The Committee

shall

have

powers

to,- (i)

require

any

private

technical educational

institution ^to place

before ^{it, the}

proposed ^feestructure^{for such} institution

along ^withalltherelevant

" ^' ments and the books of accounts; (ii)

verify

whether^thefeestructure

proposed by ^such institution ^is

justified;

(iii) approve^thefeestructure^forsuch

institution^or determine ^a

different ^fee

which

shall^be

charged

by such institution for different courses^run

by

it ^:

Provided that ^theCommittee shall

also approve ^thefeestructure for technical

courses^run

by ^theaided technical

educational institution ^incase the said

institution ^{is not}

receiving any aid for the said course.

HARYANA

GOVT.^GAZ.

(EXTRA).

SEPT.

10, ^2012235

(BHDR. ^{19, 1934}

SAKA)

_—_______—___._————————

(2) ^TheCommittee^mayframe ^itsown

procedure ^fortheconduct of

its

proceedings.

(3) ^Thefee

structure ^sodetermined

by ^theCommittee shall be

binding ^onthe

private

technical educational

institution for a

period

of

three years and the ^samefee shall continue further ^ifthe

private

technical educational institution ^{does not}

approach ^theCommittee^for

revisiOn.

(4) ^Thefeedetermined

by ^theCommittee

shall^be

applicable ^{to a} student ^whoisadmitted ^{in a}technical

course^inanacademic year ^andshall not

be revised

for ^himtill

the

completion

of

his

courseⁱⁿthat

private

technical educational

institution.

(5) ^A

private

technical educational

institution shall not be allowed to

charge ^orcollect any fee other than the fee determined

by the

Committee under sub-section

(1)

and shall ^notbe allowed ^tocollect ^thefee ^{at a}

time, more than the fee of ^onetermfrom ^astudent

in^anacademic year.

12.

(l)

The Committee.

for the purpose of

making inquiry

under

this Act,

shall ^{have same}

powers ^asaCivil

Court under^the Code of

Civil

Procedure,

1908

(Act ^No.5of

1908)

while

trying ^a

suit. ⁱⁿ

respect

of ^the

following

matters, namely:-

(i) summoning ^and

enforcing

the

attendance ^ofanywitness and

examining ^{him on}

oath; (ii)

requiring ^the

discovery ^and

production ^ofanydocument(s); (iii)

receiving

evidence ^on

affidavit; ^and (iv)

appointing

Commission ^forexamination^of

witness or for local

inspection;

(2)

Any proceeding

before^suchCommittee shall ^be deemed ^tobe

judicial

proceeding ^{for the}

purpose^ofsection 196 of the Indian Penal

Code,

1860

(Act ^No.45of

1860).

CHAPTER ^[[I

ADMISSIONS

13.

(1) ^TheCommittee shall

regulate ^theadmissions ⁱⁿ a technical

course run

by

a

private

technical educational institution, made ^onthe basis of ^themerit secured

by ^thestudent ^intheCommon 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 ^foradmission ^{to a}technical

course in a

private technical

educational institution

shall ^{besuch as may be}decided ^by the ^mate

Government.

(3) ^TheState Government^may.by

order.

allocate seats for management

category ^outofsanctioned intake. ⁱⁿ

private

technical educational institution.

other^than

minority

institution.

(4) ^A

private

technical educational

institution- (i)

shall ^makeadmission ^{to a}technical

course under the

open

merit

category, ^onthe basis of the Common

Entrance Test ^orthe

procedure ^as

may be

prescribed

by

the State Government; and

(ii) may^makeadmission ^{to aseat}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) ^Nostudent shall ^beadmitted ^ina

technical

course unless ^he fulfills ^the

eligibility

criteria

including ^theminimum

qualifying marks as prescribed ^{by the}State Government.

14.

Every

admission ^toatechnical

course^ina

private

technical educational institution shall ^bemade ⁱⁿaccordance

with the

provisions

of

this Act ^orthe rules made thereunder and every admission ^{made in}contravention thereof, shall

be

void.

15. The State Government may, direct ^a

private

technical educational institution ^tomake reservation of seatsⁱⁿadmission ^tovarious technical courses

in the manner, ^as

may be

prescribed

from

time ^totime.

CHAPTER ^IV

FIXATION ^{OF FEE}

16.

(1)

Every private

technical educational

institution shall

propose its

fee

structure for each

course

separately ^onthe 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 ^onsuch institution.

HARYANA

oovr. ^GAZ.

(EXTRA). ^{sum: 10.201:237} (BHDR. ^19.l934SAKAi _________________———————

(2)

Differ'ent^fee

structure ^maybedetermined for different

courses and for different

institutions.

(3) ^{In case a}

private

technical

educational

institution ^does not

propose ^itsfeestructure,^the

provisional fee

structure ^asdecided

by ^theCommittee shall ^be

applicable ^tosuch institution.

17.

(l)

The fee

shall be ^sofixed ^astorecover the actual cost of

imparting

education ^on

recurring

basis. While

assessing ^the

fee,

inter-alia, ^the following

expenses ^aretobe

taken^intoaccount.

namely:-

(a)

establishment ^costof

faculty ^and

supporting

staff:

(b)

operation ^andmaintenance

charges;

(c) ^fee

charged

by

Council,

affiliating university ^and Haryana

State Board^ofTechnical Education:

(d) development ^{fee to}

serve^the

following

purposes, namely:—

(i) laying ^and

up-gradation ^ofinfrastructure; (ii)

betterment^and

growth ^{of the}

institution; ^and (iii)

special

amenities ^tothe

students; (e)

other miscellaneous

charges, ^such as hostel

fee,

mess charges ^and

transport charges,

etc.:

Provided ^thatservices ^andfacilities^{such as}

hostel, mess and

transport

shall

be

provided

on no

profit ^noloss basis.

(2)

Before

determining ^{fee, the}

private

technical educational institution,

parents ^or

guardians

and

representatives

of

students

already studying therein shall

be

given ^areasonable

opportunity ^to

express their view

point ⁱⁿ writing ^with

respect ^tothedetermination^{of fee.}

18. ^No

private

technical educational

institution shall

charge ^orcollect or cause to be

charged

or collect

capitation

fee

on its behalf from any student or his relative

in consideration

of

his admission

to^orcontinuance in

any technical

course of

study ^{in such}institution.

CHAPTER ^V

MAINTENANCE ^OFACCOUNTS ^BYINSTITUTION

19.

(1) Every private

technical educational

institution shall

maintain accounts ^onthe basis of

accounting principles applicable ^tonon-business organization, ^notfor

profit organization that is it shall

keep

the accounts ^on

"Fund Based

Accounting

under accrual

basis

of

accounting.

(2) ^A

private

technical educational

institution^maycharge development ^{fee not}

exceeding

fifteen

percent of ^thetotal

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 ^ifthe

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 institution shall

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

entity owning ^the

private

technical

educational

institution,

is

running

more

than one institution, ^thenseparate

accounts

shall be

maintained for each

institution.

CHAPTER VI

MISCELLANEOUS

20. The

provisions

of this

Act shall

have

effect

notwithstanding anything inconsistent therewith contained in any other State law for the

time

being

in force.

21.

(1)

Where the

Director

General,

on

receipt

of

any

complaint

or otherwise, ^issatisfied after due

inquiry,

that a

private

technical

educational institution has

charged capitation

fee or

fee in excess

of the

fee

determined

bythe

Committee,

it may- (i)

direct^theconcerned

institution to

refund the

capitation fee or

the

fee

charged

in excess

of

the fee

determined

by the

Committee,

as

the case

may be; (ii)

direct^theconcerned

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, university concerned or

Council or

the

statutory

authority

for

taking appropriate

action

against

such

institution.

(2)

Before

taking any

action or

passing

an

order,

the

Director General shall

provide

a

reasonable

opportunity

of

being

heard to

the

private

technical educational 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 institution has contravened or

violated any of

the

provisions

of this Act or

the rules

made thereunder, ^thena

fine of rupees five lakh shall be

imposed

on

such

institution and

for

every

subsequent

violation of

this Act a

fine of rupees

ten

lakh shall be

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

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 ^21or22of ^this

Act,^mayfile ^an appeal ^tothe

State Government within ^a

period

of

thirty

days ^fromsuch

order or direction.

24. No civil

court shall

have

jurisdiction ^toentertain

and

try ^any suit ^or proceedings ⁱⁿ

respect ^of

anything done,

action taken ^ororder ^ordirection issued

by ^theState Government, Committee,

Director General, ^oritsofficers ⁱⁿ pursuance ^ofpowers

conferred

by ^orinrelation ^{to anyofthe}functions under

this ^Act.

25. The State Government^may.fromtime ^to

time, issue such directions not inconsistent

with

the

provisions

of

this

Act ^orthe rules made thereunder, to

any Institution ^orthe Committee ^ortheofficer ^orofficial connected ^with the

affairs of ^theCommittee, ^asitmaydeem

fit,

for

the

purpose of

carrying ^outthe provisions ^{of this Act.}

rules ^ororders made thereunder ^andtheInstitution ^or the Committee ^ortheofficer ^orofficial

shall be bound

by

such

direction.

26. ^TheState Government^may,by

notification ⁱⁿ the Official Gazette, make

rules^for

carrying ^outthe

purposes of this Act.

27. If any difficulty

arises ⁱⁿ

giving effect ^tothe

provisions

of

this

Act, the State Government^may,by

order ^tobe

published ⁱⁿthe Official Gazette, make ^such

provision ^or

give

such directions not inconsistent

with the

provisions of this

Act, ^as

appear ^toittobenecessary or

expedient

for

removing

the difficulty:

Provided ^{that nosuch}

order shall ^bemadeafter the

expiry

of ^a

period of ^two

years ^fromthe date of

commencement of

this Act.

28. ^No

suit,

prosecution ^orother

legal proceedings shall ^lie

against

the State of

Haryana ^or

any officer of

the State Government ^ortheCommittee, ^for anything

which ^{isdone in}

good

faith or intended

to be

done under

this

Act.

29. ^Fromthedate of ^thecommencement of this

Act.

all executive instructions issued

by

the State Government

in

respect of admissions ^{and fee} regulation ^inall

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 ^bedeemed to have been done ^ortaken

under the

provisions

of ^{this Act}and shall remain ⁱⁿforce till ^theCommittee constituted

under ^{this Act}modifies ^the

same.

MANJIT SINGH.

Secretary ^toGovernment.

Haryana. Law and

Legislative Department. Si)3l4—l..R.—H.G.P.. ^Chd. Appeal.

Bar of

Jurisdiction.

Power ^to

give directions. Power ^tomake rules.

Power ^to

remove difficulties. Protection ^of action taken ⁱⁿ good

faith. Supersession and

savings.

9