THE PUNJAR PRlVATE HEALTH SCIENCES EDUCATIONAL INSTITUTIONS (REGULATIOPlj OF ADMISSION, FIXA'I ION
OF FEE AND MAKING OF RESERVATION)
ACT, 2006
(Punjab Act No. 6 of 2006)
CONTENTS
Preamble Sections
1. Short title and coinmencement
2 Definihons
Pages 3 Replatlon of adlmss~on, iixation of fee and making of rescrvatlon 4
4. Eligibil~ty crderla for admission
5 Allocat~on of seats
6 Resemat~on of seats 6
7 Flxat~on of Fee 7
8 Mechanlsn~ for dealing wtth vlolation5
3 Penalties 9
10 Powers of the State Government to issue dlrection~10 &
I I Power to remote ditficulties10
12 Protect~on of actlons taken m good falth10
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'THE PIMJAB PRIVATE HEALTII SCIEKCES EDUCATIONAL MSTIl UTIONS (IEGL'LArlON OF ADMISSION.
FIXATION OF FEE AND MAKING OF
RESERI'ATION) ACT, 2006
(Punjab Act No. 6 of 2006)
[Rece~ved the assent of the Governor of Punjab on the 24th March, 2006. and was first pubhshed for general mformation In the P~uyab Governnrent Gazette (E.~traordi?7ar~), Legislative Supplement, dated the 27th March, 2006.1 Year No. Short t~tle Whether repealed or
otheru~se ffected by
Legslat~on
2006 6 The Punjab Pr~vate 2Amd. b> Punjab Act
Health Sc~ences No. 24 of 2006
bducatlonal Inst~tutions
(Regulation of
Admss~on, F~xat~on
of Fee and Making
of Reservat~on) Act,
toprovrde for the regulatzot~ of admzssron,~fixL~tron xfee and makrr~g of reservat~on rnprli ale izealtlz scrences educatronal ~nstztutzons zlz the State of Pwyab crlld for the matterr connected t l ze lr~~l t l~ or irzclderztal tlzeleto RF tt enacted by the Le~slature of the State of Punjab In the Fifty- seventh Year of the Republ~c of 1nd:a as follows .-
1. (I) This Act may be called the Punjab Prlvate Health Sclences short tltie and com~ne~icement Educat~onal Inst~tut~ons (Regulation of Admission, F'wation of Fee and Mak111g of Reservat~on) Act, 2006
('2) It shall come into force at once
2. In this Act. unless the context othenilsc requires: Definir~ons
(a) "Aided Instttut~on" means a pnvate health sclences educanonal lnshtut~on includ~ng a nl~nority ~nst~tut~on, recelvlng recurring financ~al ald or ass~stance In whole or m part from the Central Government ot State Government or from any local body. 'For Statement of Objects and Reasons, see Pi~~ljtrb Go~~errr~rreirf Gir:c,rfrz (Err,ourili~rrr~?.I, dated the 17th March. 2006, page ;24.
'For Statement of Objects and Reasons, see / ' I ~ I I / o ~ . ( ; O I P I . I I N I E ~ I ~ (;ilzeir(, ( F I ? I . ~ ~ o ~ ~ I I I ~ I I : ) . ) , dated the 13th Septernbcr, 2006, paycs 1 PO6-O?
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{Dj "Co~mlon Entrance Test" means an entrance test. conducted by the State Government or any other authority, authori~ed by ~t .
' [ (bb) "Councll" means a professional councll pertaining to any health sc~rnces dlsciplme, constituted under any State Act or Central Act ;I
(c) "Fee" means a charge recelved by a prlvate heaith sciences educat~onal institution from a student In any manner or under any nomenclature as a condition for studymg in that ~nst~tut~on
Explarzntzo~z.--It 1s made clear that the term "Fee" In addition to the tuitlon fee, shall also include all other expenses rclatlng to btudies ;
((1) "I'orelgn h d ~ a n Student" means a student declared as such by the State Government by nohfication ;
:[(el "Management Category" means a category compr~s~ng such seats out of the sanchoned intake ofa private health sciences educational institut~on, as may be allocated to the management of such lnst~tution by the State Govemment by not~ficatlon in the Offic~al Gazette, for fillmg up those seats by that lnst~tution In a fax and transparent manner on the basis oi'the lnter se merlt, detemuned by a Common Entrance Test or Quallfylng kuammation. m the presence of the representatwe of the author~v conductmg the Common Entrance Test ,]
f j ) "Minority" means a community declared as such by the State Government by notification ;
(y) "Mlnorlty Inst~tut~on" means an inst~tution imparting health sciences educahon, estabhshed and adm~n~stered by a imnonty for the purpose of welfdre of the minority ;
(A) "Open Mer~t Category" means a categov of seats comprising such seat> out of the banctionsd intake of an institution. as may be allocated by the State Government by notification in the Officlal Gazette, for filling up those seats in a fair and transparent manner through a centrallsed recelpt of applications and centrallsed counselling on the bas~s of the rtrtel* Yr merit. determined by a Colnrnon Entrance Test or Qual~fylng Exam~nation. but excludmg the seats of the r~ianagement category ol nilnorlty category.
'Clause (bb) ~nsertcd by P~t11,i:lb /Act No 24 of2006. sectton 2( i )
:Subst~tlited by Punjab Act Nu 24 oF2006. section Z(i i ) .
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{i) "pnvate hcalth sclenccs educational institution" means an institution, not established and admlnistcred by thc Central or State Government or a local body and it includes an atdcd or unalded or minority msatution also ;
!JI "Qualifytng Exammatlon" means an examinabon. the passing of which cnableb a student to get admission to varloua courses of study In private health sclences educat~onal institutions ;
fk ) "sanctioned intake" means the total number of seats, sanctioned andnottfied by the State Government m the Official Gazette for adm~tting students in each coursc of study In a private health sciences educattonal institution :
( I ) "State Government" means the Government of State of Punjab in the Department of Medical Education and Research : and
(111) "Unalded Institution" means a private health sclences educational mstitution, not being an aided institution
3. (1) The State Government shall regulate admrssion, fix fee and Regulation of adm~sslon, fixation
make reservation for different categories In admlsslons to pnvate health sciences fee and malong
educat~onal ~nstitutlons of rzser\ailon
(2) For the purpose of determming the fee, the State Government may require any prlvate health sclences educational tnst~tution to hrnlsh such mformation, as i t may deem approprtate.
'((3) The State Government shall ensure that admission in a private
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health sc~ences educational lnstitutton is made in a fair and transparent manner on the bas~s of the znrer-se merlt, determined by the Common Entrance Test or Qualifying Examination, as the case may be, In accordance w ~ t h the procedure, notified by the State Government tn the Official Gazette :
Pro%-ided that the State Government may. by notif cation in the Oflic~al Gazette, exclude the diploma or certificate courses. offered by the private health sciences educational lnst~tutions from the purview of the provisions of this sub-sectton
(4) Notwithstanding anything conta~ned in sub-section (31, the Stare Government may, exempt minor~ty mstltut~ons from the purview of that sub- section.
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'Substlttited by Punjab Act No 31 o f 2006, sccllon 3
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(3 Consequent upon the exemption granted under sub-sect~on (4), a - common authorlly of the respectwe mlnority mstltutlons, shall conduct a separate test In a fair, transparent and non-explo~t~ve manner for admlsslon of students In m~nor~ ty instltut~ons In accordance w ~ t h the merlt, dctem~ned by the s ad authonty.
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16) In case, ~t 1s found that the aforesaid separate test has not been conducted m a b ~ r , transparent and non-explo~t~ve mannq the Slate Government shall have the power to cancel the same and dlrect the concerned authonty to re-conduct the test.]
EII~I~III~Y LII~CIIA 4. ( I ) The ellglbll~ty cr~tena for adnuss~on to a prlvate health sciences to1 adm1c5lon educatlonal institut~on shall be such, as may be determined and notified by the State Government from t~me to t~me.
'[(2) 'The State Government or any other author~iy, author~sed by ~ t , shall conduct the Common Entrance Test for mak~ng admlss~ons to all prlvate health sclences educat~onal nst~tut~ons In the State of Punjab, except for those, which are specifically exempted from such test.
(3) Admission m all pnvate health sclences educat~onal ~nstitutlons, except m those, wh~ch are specifically exempted under thls Act, and In the case of Foreign Ind~an Students, shall be made on the basis of the rnter Ae
ment of the candidates, determmed in accordance w ~ i h thc Comnon Entrance Test 1
Al lvcat~nn ot 5. ( I ) An aided mnor~ty pnvate health sclences educat~onal lnstltuhon1 seats may reserve for ~tself, up to the maxlmuni of thirty three per cent seats of the total sanctloned intake as a management category quota of seats.
(2) An aided prlvate health sciences educatlonal instltutlon, other than a minonty mstltutlon. may resenre up to the maximum of fifteen per cent seats of thc total sanctloned intake as a management category quota of seats.
'[(3) ( * * * * * * 11
(4) An unalded prlvate health sclences educat~onal Instltutlon, other than a n~inor~ty mstltutlon, may reserve up to fifty per cent seats of the total sanct~oncd intake as a management category quota of seat>. '~ubsil tuted by Punjab Act No. 24 of 2006, section 4.
?Sub-scct~on ( 3 ) o m ~ t t e d by Punjab Act \ i c ~ 7-i o r 2006, section 5(1).
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'lf5) In the case of adm~ss~on fFore~.m lndian Student.;. ( a ) a pr~vatc health sciences educatlonal tnst~tutlon may adln~t such students In undergraduate courses agalnst such number of seats and such courses, as may be not~fied by the State Govemment. after recording reasons therefor In ~ v n t ~ n g Prov~ded that the total number of seats for thc Forelgn Ind~an Students shall not exceed fifteen pcr cent of the total sanct~oned intake ;
(& admlsslon shall be made, agalnst the seats. not~fied as management category : and
(c) admtssion shall be made as per the procedure, not~fied by the State Govemment in a fatr and transparent manner In the presence of the representative of the Un~verstty to whlch ~t IS affiliated, ~n accordance w t h the Inter se merit, detenn~ned on the basis of thc Qual~fylng Exammatton or its equivalent as may be not~fied by the State Government.]
' [ f6 ) ( * * * * * * 11
6 . All pnvate health sclences educat~onal tnst~tut~ons shall reserve Reservation of seats for admtsston tn open merlt category and management category, for seat\
adbancement of socially and educahonally backward classes of citizens or for the Scheduled Castes or Scheduled Tnbes to such extent, as may be notlfied by the State Government In the Offrclal Gazette from time to tlme Provlded that such reservation shall not apply to the mtnority category beats ~n mlnor~typrtvate health sclences cducat~onal tnstttut~ons
3[7. (1) The State Government shall determine or cause to be r ~ x a t ~ o n of determned the fee to be charged by the pr~vate health
I ec sclences educatlonal ~nstltutlons, havlng regard to the mntmumnorms of Infrastructure and facthtres as latd down bq the concerned Council.
(2) Notw~thstandlng anythlng contarned m sub-sectton (I), the State Government may. In puhllc tnterest, detelm~nc a provts~onal fee . Prov~ded that the State Government shall detcmxne fee In accordance w~th the provisions of sub-sectton (I) \ ~ ~ t h l n a per~od of nlnety days from the date of fixatton of such pro~qs~onal fee ]
'Sitbst~tuted by Punjab Act No. 21 of 2006. sectlon i ( i i ) . 'Sub-iection ( 6 ) omitted by Piinjab Act No. 24 of 2006. Section ~ ( I I I ) 'Subst~tuted by Punjab Act n o . 14 o f 2006. sccrion (1.
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'[8. (I) The State Government shall. by not~tication In the Offic~al hlrchanlsrn for Gazette, cnnst~tute an author@ to be known as nodal
dedllnp \\ltl' author~ty consisting of such members. as rnay be lolarlons specified by it for entertalmng complaints wth regard to the violations of the provisions of this Act or any direct~on or notlfication issued thereunder.
Provided that the State Government may, by not~ficat~on, fix the terms and cond~t~ons of appointment. qualifications and coild~tlons of service of the members of the nodal authonty
(2) The State Government or the nodal authonty, as the case may be, may also take a ~ u o tiloto notice of the violations of the provlslons of this Act or any direction or notlfication issued thereunder.
(3) 'I'he State Government or the nodal author~ty. as the casc may bc, ma) cause an enquiry to be made by appolntlng an lnqu~ry Oflicer into the allegations levelled by the compla~nant or at ~ t s suo irzoto initiative, and take the follonmg act~on?, namely .-
(0) file the complamt, ~f m ~ t s opinion. ~t IS a vexatlous, anonymous or pseudonymous complaint ; or
(h) direct the compla~nant o fiimlsh additional lnformat~on or an affidav~t ~n support of his allegahons : or
(c) take ~uchaet~ons, as ~t may dcem appropriate. keeping In vlear the hcts and circumstances of the case.
(4) Isor inak~ng an enqulry ~tnder sub-section (3). a summary proced~rre shall be fhllo\ved and the enquiry shall be completed within a period of sixty days
(5) The nodal author~ty constituted under sub-sect~on ( I ) or the Inquiry Officer, appomted under sub-section (3). shall have the powers of a civil court to access, obtain and scrut~nlze the records of the prlirate health sclences educat~onal institut~ons as well as summoning of any person or any relevant official record. whlch he may deem necessary l'he nodal authonty shall fonvard ~ t s report to the State C~ovemmcnt and may recommend any of the actions as
1 1 dn1 ely (0 ) direct the private health sciences educational institution to redress the grievance of the concerned party : 'Substitilled by P ~ i n j a h Act No. 34 of 2000, section 0. - S i ~ l ~ r t ~ t ~ t ~ c d by P ~ ~ n j a b ACT No 24 of IfiOci, srctlon 7 .
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/b) cause the withdrawdl of afflhat~on or recognition of such prlvdte health sclences educational iust~tutron from the concerned unlvcrslty or councll or any otherauthor~ty or body to which such private health sciences educat~onal rnst~tutlon 1s affiliated, to be made ,
(c) Impose fine on such prlvate health sclences educat~onal institut~on, and such a fine shall be recoverable as arrears of land revenue;
(dl direct the private health sciences educational institution to cancel the admission or direct the concerned university or council to cancel the registration of the student, who has been admitted to private health sciences educational institution in violation of the provisions of this Act or any direction or notification issued thereunder ; or
(e) direct the private health sclences educat~onal nst~tut~on to admt any student to whom adrmssion has been wrongly denied.]
(2) Before tak~ng any actlon under sub-sechon (!), a reasonable opportunny of helng heard shall be provlded to such ~ns t~ tu t~on by the State Government.
10. ' fie State Government may, from time to time, issuc io the private powers of the health sciences educational institutions such directions, as in its opinion, are state Government necessary or expedient.for carrying out the purposes of this Act and the to "rrC"O"s~ notifications issued thereunder and such institutions shall comply with the directions so issued.
11. ( I ] If any difficulty anses in grtlng effect to any of the prov~.ls~ons PO,, er to remo\ e of this Act, the State Government may, by an order published in the Ofticial dlrficultles Gazette, make suchpro.c~is~ons. not lnconslstent with the provis~onr of this Act, as may appear to ~t to bc necessary for rernovlng the d~fficulty .
Provided that no such order shall be made after the exp~ry of a perlod of two years from the date of commencement of this Act.
(2) Every order made under this sect~on, shall be lard, as soon as may be. after it 1s made. before the Punjab Statc I egislature.
12. Yo su~t. prosecution or other le_eal proceed~ngs shall lie agalnst Proreirinii oi the State Government or any officer or employee of the State Government or actlo"'. lake11 I n
good ta l th any other person or authorfly authorised by the State Government for anythmg, hvh~ch is done or intended to be done m good fa~th under th~s Act or the not~ficat~on issued thereunder
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