Extm No. : 3 The Gujarat GoVerumeut Gazette
P SHED BY AUTHO
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GUJT ACT NO, 3 OF 2008,
ACT
It is hereby enaeted in the Fifty eighth Year of the Republic of India as foflovm '.
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determination of merits of tbe candidates for tbe purpose of admission in tbe different professionalcourses;
d(d) "Feconsetitute dun erseetiCo o means me Fee Regulatory Committee Ce) "Government college or insfnu Hon" means a professional educational college or institution run and managed by tbe State Government;
~ ernment" means tbe Government of Gujarat Ci)
"Management seaia" means twenty-five per cent. seats of tbe professional courses of tbe total approved seats in tbe unaided colleges or institutions including fifteen per cent. Non-Resident Indian seats; on-Resident Indian sears" means fifteen per cent, seats reserved for clnldren or v'nrds or me dependents for tbe education purpose, of tbe Non-Residentludiau, to vdmm admismonm to be givenmffm profcssionaleducationalcolfeges ormstitutions;
Ci)
(j) bed" means pres e rules made undertfns Act;
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3-3 Ck) anyofthe whatever name ca1ied. le~ e -award of a degree or diploma approved or recognised by the competent statutory autho (m)
4. (1) The State Government s forfbe purpose of admission of students to the professional educationalcofleges and mstimtiom, constirute one or more Admission Committees cousistmg of such number of members as Ce may be prescribed. Uifferent Committees may be constimmd forthe different professional courses,
(2) The term of office and other conditions of the members of the Committee shalfbe such as may be pmscnbed.
(3) The Admission Committee shall guide, supervise and control the entire process of admission of students to the professional educational colleges o
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"f merifRrefm 8. Cl) For the purpose of admission in the professional co each f ... Adnnssion Commiftfm shall prepare students based on such mnunsfou. criteria and in such ratio as may be prescribed.
(2) For the purpose of preparing the merit list of students for admission under sub-'secfion (1), the authority or the body antfiorised by the State Government mffifs behalf shallcfnfductflfe common enuance test in the manftaa ffm.v-bePfoscribed:
Provided thatif nshaRofbefrncessafy w conduct common entrance test for preparing merit list for the admission to such professional course as may be prescribed.
6. The admission of students in the professional educational coDeges or mstitutions shall be given in the following manfta, namely, :-
Ci) all the Government seats shall be filled on the basis of merit list prepared by the Admission Committee; and
the management seats to be filled by the management of the respective professional educational college or institution shall admitted against the management seats :
CH)
Provided further that where any Non-Resident Indiaff seat such seat s om the management seats:
Provided also that where any management seat remains vacant, such seat shall be filled in from the Government seats. Minimum 7. No student shall be admitted in the professional course unless he
quafifymft fulfills the eligibUffy criteria including the mhnffium qualifyiftg m as may d -
Senannu in 8. .fhe 'admfssion.ngat'fist he Government seats in each course in each admiminn. professional educational coUege or mstiumoft shaU be made in accordance with the reservation policy of the State Government.
Consutufrnn of 9. (1) State Government shaR for the purpose of determfmng the Pu Raqufatnfy fees for admission of students in the professional colleges or instf
Connifma. constitute a Fee Regulatory Committee onsisfufg of the Rowing mcfff rf-amely .'-
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(ii) ex-Vice-Chancellor of a University, to be nominated by the State GOVO~rnfn~
Cm) the Commissioner of Hea1fit, Medical Services, Medical Education and Researclt,Gujaraf Stafa,oran officer of Health and Family Welfare Department holding equivalent posf, to be nominated by the State Government cxeta who shall befne Member-Secretary of the Committee;
(v) a Chartered Accountant, to be nominated by the State
(2) The term of office and other condffiom of the members of the Committee shall be such as may be pfmonbed.
(3) The Fee Regulatory Committee may adopt its own procedure for the conduct of its business.
10. Cl) Notwhmmmfmg anytbing contained in any other law for the time PowerS of Fee being in force or in any judgment, decree or order of any court or authority or in any agreement, the Fee Regulatory Committee shall determine the fee w- structure for admission of students in the professional course Different fee coufsstrnc forfessioeucanoocg
Ca) require any unaided professional educational college or institution to place before it the proposed fee structure for such college or institution alongwhhaRme relevant documents and the boohs of -
Cc) approve the fee structure for such college or institmion or determine other fee snncfufo which shall be charged by such professional courses.
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GUJARAT GOVE~ GAZETTE, Ex.,7-3-2008 [PART-IV3""6 (4.)The nnalded professionaledncauonalcallege ot'mstuofion Snell not be allowed to cbarfte orcoEecfany otber fees tbafl tbe fees determmed by tbe tile fee at
; amonntmg to momtfaftrone term feeffom a suaJentift an academic
(5) (a) The Fee RegulalDry Committee sball have powers for tbe purpose o der this Act, of a Civil Comfoftder tbe Code of Sof Ises Procedure, lOflfl -wbile trying a suit in respect of tbe following matters, namely :-
10 summoning and enforcing tbe attendance of any witness and examining bifft on oatb;
(ii) roOniring tile discove on of any dOcmffent;
(iii) receivmg evidence onaffifmvu; and
(iv) issniflg commission for examination of witnesses for local inspection.
(a)
Cb)
(c)
(d)
(e)
(f)
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3-7 Ci)
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direct the concerned college or institution to admit the student as per the merit listift place of the student who has been directadfft~ ecerned~ le~ftheor ~tinson ofWAct fee to the student so admittedm contravention of the provisions of this
recommend to the State Governfttenf,concerned Umversityfn the smfutofy aufifority f g appropfmfc acfio
such coHege o
(2) Where the Fee Regulatory Committee, onffmeipt of any complaint or otherwise, is satisfied after due inquiry that the unaided proftonal educational college or msHfnflon has collected the capitation fee or the fees in excess of the fee determined by the Fee Regulatory Commiuee under sub-section Cl) of section 10, it ma -
(i) direct theconcernefi coHege o ~ to refund the fee so ` coHected in excess of the fee detefmmed by the Commiftee or refund the capitation fee so collected;
__________________________________________________ stamfofy authority fort&king appropriate action against such college or ~
14. Whoever contravenes any of the provisions of this Act or the rules made thereunder shall, on convicfloft,he punishablewifHfme wlnch may extend tnfupees twenty lalms.
15. No court shall take cognizance of any offence punishable under this cace of
Act except on a complaint made by an officer anfhormed by the State 'Hence' Government in mis behalf, by 0 Geue
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~~ or~ ~ ~ ~or rules made thereunder be deemed to be a public servmnwufdn the meaning of section 21 of the Indian Penal Code.
17. No suilt, prosecution or other legmfemeedmg shall lie against any member of the Committee, officer or employee of the Government for anything which is in good faith done or purported tobe done in pursuance of the provisions of this Act or any rules made there under.
18. The State Government may, from time to time, issue such directions mt inconsistent wifhtfte provisions offing Act, to any professional edncamnal college orinstmmon or to the Committee or the officer, as it may mmhfumtfns reganl, forthe purpose of carrying ontthe provisions of this Act, rules or orders made thereunmrandfm professional educational colleges or institutions or the Commiuee or the officers shall be d by h o
19. The provisions of this Act shallhave effeetnotwithstandmg anything inconsistent'therewith cannoned in any other State law for the force.
2(). Cl) The State Government may, by mtiflcation in the Oclot Gaecue, maim rules farcarrying out the purposes of this Aet.
Q) All rules made under this section shall be laid for mt less than thirty days before the State I..egislature as soonn possible aflerfney are madeand shall othe rescission by theState Lemsmmmor to such modification asfhe State ature may mshe during the session in which they are so laid or the session 'unmediately following
21. (1)If ~ arisesmgivmfl effect mmepmvisions of this Act, me State Government may, by order published in the O Gazette, make such provisions not inconsistent with the provismns of this Act, as may appear to it to be necessary or e for removing the difEculty:
Provided that no order under sub-section (1) shall be made after the expiry of two years from the 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 State Legmlamm.
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