Uttar Pradesh act 024 of 2006 : The UTTAR PRADESH PRIVATE PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT 2006

CHAPTER-I

PRELIMINARY

CHAPTER-II

THE COMMITTEE

CHAPTER-III

ADMISSION

CHAPTER-IV

FIXATION OF FEE

CHAPTER-V

MISCELLANEOUS

Section 1.Short title and commencement .

1. (1) This Act may be called the Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006.

(2) It shall be deemed to have come into force on July 10, 2006.

Section 2.Applicability.

2. This Act shall be applicable to the private aided or unaided professional educational institutions, excluding minority institutions.

Section 3.Definitions.

3. In this Act, unless the context otherwise requires,-

(a) aided institution means a private professional educational institution,other than a minority institution receiving recurring financial grant-in-aid or assistance in whole or in part from the State Government or from anybody, under the control of State Government disbursing grants-in-aid or financial assistance;

(b) Committee means the Admission and Fee Regulatory Committee constituted under section 4;

(c) Common Entrance Test means an Entrance Test, conducted by the State Government or an Agency authorized by it for admission to a Professional Course, run by a professional educational institution.

(d) Fee means all fees including tution fee and development charges;

(e) general category means and implies seats from out of the sanctioned intake of a professional educational institution, not being seats in the management category;

(f) management category shall mean and imply seats from out of the sanctioned intake allotted by State Government to the management of the institutions;

(h) minority institution means an institution, established and administered by a minority and notified as such by the State Government;

(i) Private professional educational institution means a professional educational institution not established or maintained by the Central Government, the State Government or any public body.

(j) professional course means a course of study notified as a professional course by the State Government'

(k) professional educational institution means a College or a School or an Institution by whatever name called, imparting professional education,-

(i) Affiliated to a State University, including a Private University established or incorporated by an Act of the State Legislature or constituent unit of a deemed to be University defined under section 3 of University Grant Commission Act, 1956.

(ii) Approved or recognized by the Competent Statutory Body established by State Government, regulating professional education.

(l) Sanctioned intake means and implies the total number of seats sanctioned by and authority notified by the State Government for admitting students in each course of study in a professional institution.

(m) senior administrative officer means an officer of the Indian Administration Service or Provincial Civil Service or Uttar Pradesh;

(n) State University means a University established or incorporated by an Act of the State Legislature;

(o) unaided institution means a private professional educational institution, not being an aided institution;

(p) University Grants Commission means the University Grants Commission established under the University Grants Commission Act, 1956.

Section 4.Composition, disqualification and functions.

4. (1) There shall be a Committee for admission and fee regulation to be constituted in such manner as may be prescribed. The Committee shall be presided over by a person who is or who has been a Senior Administrative Officer of the State or Vice-Chancellor of a Central University or a State University or a deemed to be University; who shall be called the Chairman of the Committee and shall include two other Members having experience in matters of finance or administration.

(2) The State Government shall appoint the Chairman and the Members of the Committee mentioned in sub-section(I)

(3) The term of the Chairman and every Member of the Committee shall be three years from the date of its notification; and, in case of any vacancy arising earlier, for any reason, the State Government shall fill such vacancy for the remainder of the term.

(4) No act or proceedings of the Committee shall be deemed to be invalid by reason merely of any vacancy or any defect in the constitution of the Committee.

(5) No person who is associated with a private aided or unaided institution shall be eligible for being a Member of the Committee.

(6) The Chairman or any Member of the Committee shall be removed, if he performs any act, which in the opinion of the State Government is unbecoming of Chairman or Member of the Committee.

Provided that, no such Chairman or any Member shall be removed by the state Government without giving him an opportunity of being heard.

(7) The Committee may frame its own procedure in such manner as may be prescribed.

(8) The Committee may require a private aided or unaided professional educational institution or, a deemed to be University or a private University to furnish, by a prescribed date, information as may be necessary for enabling the Committee to determine the fee as prescribed under section 10 of this Act 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 notified by the State Government.

(9) The State Government or the Committee may, if satisfied that a professional educational institution has violated any provisions of this Act or is charging more fee, than as determined under section 10 of this Act there it will recommend to the appropriate statutory body for the withdrawal of the affiliation or recognition of such institution.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
01-05-2008	THE UTTAR PRADESH PRIVATE PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) (CONSTITUTION OF COMMITTEE) RULES, 2008

Section 5.Eligibility.

5. The eligibility for admission to a private aided or unaided professional educational shall be such as may be notified by the State Government.

Section 6.Allocation of seats.

6.(1) The State Government may, be notified order, reserve seats out of sanctioned intake, in an unaided professional educational private institution, other than minority institution, under management category.

(2) Notwithstanding anything to the contrary contained in any other law for the time being in force, there shall be no reservation for Scheduled Casts, Scheduled Tribes or other backward classes of citizens in the seats reserved for management category.

(3) Notwithstanding and thing to the contrary contained in any other law for the time being in force, there shall be no reservation for Scheduled Casts, Scheduled Tribes or other backward classes of citizens in the seats reserved for management category.

Section 7.Number of admission.

7. An unaided professional educational Institution;

(a) shall make admission to a seat under the general category, on the basis of the Common Entrance Test, in such manner as may be prescribed by the State Government.

(b) may make admission to a seat reserved under management category, in such manner, as may be prescribed by the State Government, through a notified order.

Section 8.Common entrance test.

8. in aided professional educational institution, admission to sanctioned intake shall be on the basis of the Common Entrance Test in such manner as may be prescribed.

Section 9.Admission.

9. (1) Every admission to an aided or unaided educational institution, shall be made in accordance with the provisions of this Act or the rules made thereunder and every admission made in contravention there of shall be void.

(2) The State Government or the Committee if satisfied that an aided or unaided professional educational institution has taken admission in violation of any provision of this Act or the rules or an order of the State Government issued in this behalf, if may recommend to the appropriate statutory body for the withdrawal of the affiliation or recognition of such institution.

Section 10.Factors.

10.(1) The Committee shall determine, the fee to be charged by a private aided or unaided professional educational institution having regard to:-

(i) the nature of the professional course,

(ii) the available infrastructure,

(iii) a reasonable surplus required for growth and development of the professional institution,

(iv) the expenditure on administration and maintenance,

(v) the expenditure on teaching and non teaching employees of the institution,

(vi) any other relevant factor.

(2) The Committee, shall give the institution an opportunity of being heard before fixing any fee:-

Provided that no such fee, as may be fixed by the Committee, shall amount to profiteering or commercialization of education.

Section 11.Appeals.

11. The State Government shall appoint an Appellate Authority, headed by a person who has been a Judge of the High Court, before which a person or professional institution aggrieved by an order of the Committee may file an appeal, which a period of 30 days from the date of receipt of such an order.

Section 12.Act to have overriding effect.

12. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Section 13.Power to make rules.

13. The State Government may, be notification, make rules for carrying out the purposes of the Act.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
20-08-2013	THE UTTAR PRADESH PRIVATE PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) (APPELLATE AUTHORITY PROCEDURE) RULES, 2013

Section 14.Power to make regulations.

14.(1) The State Government or any authority authorized by the State Government may, by notification, make regulations consistent with this Act and the rules made there under.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters namely:-

(a) the constitution and working and terms and conditions of the Committee;

(b) the manner or criterion of determination of fee to be charged by a Private Professional Educational Institution from the students;

Regulations

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
22-12-2015	THE UTTAR PRADESH PRIVATE PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) REGULATIONS, 2015

Section 15.Power to remove difficulties.

15. (1) If any difficulty arises in giving effect to the provisions of this Ordinance, the State Government may, by notified order, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient, for removing the difficulty

(2) Every order made under this section shall, as soon as may after it is made be laid before each House of Legislature.

Section 16.Protection of action taken in good faith.

16. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government or the Appellate Authority, or Chairman and Members of the Committee for anything, which is in good faith done or intended to be done under this Act.

Section 17.Repeal and saving.

17. (1) The Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and fixation of fee) Ordinance, 2006 is hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under this Act as if the provisions of this Act were in force at all material times.