The Bihar Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2026

Short Title, Extent and Commencement.—

1. (a) This Act may be called the 'Bihar Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2026’.
2. (b) It extends to the whole of State of Bihar.
3. (c) It shall come into force on such date as the State Government may, by notification in the official Gazette, notify.

Definitions.- In this Act, unless the context otherwise requires: -

1. (a) "Academic Discipline" means a broad academic field of study under which various courses are taught and researched at the college or university level. Example- Medical, Engineering and Technology, Computer application, Education, Agriculture, Veterinary Science etc.;
2. (b) "Aided college or institution" means a professional educational college or institution, including the University, run or managed by the trust, society or association or person or organization, receiving financial aid or grant-in-aid from the State Government or the Central Government;
3. (c) “Appropriate authority” means a Central or State authority established by the Central or the State Government for laying down norms and condition for ensuring standards of professional education;
4. (d) “Capitation Fee” means any amount by whatever name called whether in cash or in kind paid or collected or received directly or indirectly in addition to the fees determined under this Act;
5. (e) "Government college or institution" means a professional educational college or institution run and managed by the Central/State Government;
6. (f) “Health Department” means Health Department, Government of Bihar;
7. (g) "Prescribed" means prescribed by the rules made under this Act;
8. (h) "Private Professional Educational Institution" means a Professional Educational Institution not established or maintained by the Central government, the State government or any public body. It includes both aided and unaided college or institutions as defined in the act.
   • (i) "Processing Fee" means the non-refundable charge as prescribed payable to the Committee at the time of submission of proposal by the professional colleges towards processing;
9. (j) "Professional courses" means a course of study notified as a professional course by the State government.
10. (k) "Professional Educational Institution" means college or an institute, by whatever name called, imparting professional education or conducting professional education courses leading to the award of a degree, diploma or a certificate by whatever name called, approved or recognized by the competent statutory authority or affiliated to a University in any of the academic disciplines;
11. (l) “Regulation of Admission and Fixation of Fee Committee” means the committee constituted under section 4 of this Act;
12. (m) "Respective Department" means the Government department under which the concerned academic discipline or course are administratively dealt with;
13. (n) "State Government" means the Government of Bihar;
14. (o) "Statutory Authority" means a body/Organization/ Council notified by the Central Government/State government to set professional standards and/or the regulate a course or courses within an academic discipline. E.g.- NMC, AICTE etc.
15. (p) "Unaided college or institution" means a professional educational college or institution, including the University, run or managed by the trust, society or association or person or organization, not receiving any financial aid or grant-in-aid from the State Government or the Central Government;
16. (q) "University" means a University established under any law made by the Legislature of the State or the Union.

Application.—

1. (1) Notwithstanding anything contained in any other law for the time being in force or in any judgment, decree or order of any court or authority or in any agreement, all the admission to the professional courses in Private professional educational institutions shall be made in accordance with the provisions of this Act.
2. (2) Any admission made in contravention of the provisions of this Act shall be invalid.

Regulation of Admission and Fixation of Fee Committee.—

1. (1) The State Government shall for the purpose of regulating the admission and fixation of fee in Private professional educational institutions constitute a Regulation of Admission and Fixation of Fee Committee consisting of the following members: -
   • (a) An eminent educationist or A retired Government Officer who has served not below the rank of Principal Secretary to the State Government. Chairperson
   • (b) An expert of repute from the field of Medical Education. Member
   • (c) An expert of repute from the field of Professional Education (other than the Medical Education). Member
   • (d) Additional Chief Secretary/Principal Secretary/Secretary, Health Department, Government of Bihar. Ex-officio Member
   • (e) Additional Chief Secretary/Principal Secretary/Secretary, Department of Higher Education, Government of Bihar. Ex-officio Member
   • (f) Additional Chief Secretary/Principal Secretary/Secretary, Department of Science and Technology, Government of Bihar. Ex-officio Member
   • (g) A renowned Chartered Accountant nominated by the Health Department, Govt. of Bihar. Member
   • (h) An independent person of repute nominated/ co-opted by the Health Department, Government of Bihar. Member
     • (i) An officer not below the rank of Joint Secretary to the Government of Bihar. Member Secretary
2. (2) The Chairperson and the Members (other than the ex-officio Members) shall be appointed by the State government on the recommendation of the Selection Committee to be constituted by the State government.
3. (3) The term of the Chairperson and Members other than the ex-officio Members shall initially be for three years extendable up to two more years or till the attainment of 75 years of age, whichever is earlier. The renumeration and other conditions for the chairperson and the members of the Committee shall be such as prescribed by the rules made under section 11 of this Act.
4. (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. (5) No person who is associated with a private aided or unaided educational institution shall be eligible for being a member of the committee.
6. (6) The chairperson shall preside over the meeting of the Regulation of Admission and Fixation of Fee Committee and the committee may adopt its own procedure,by regulations as it may deem fit.
7. (7) Notwithstanding anything contained in this Act, the “Admission

Monitoring Committee”and the "Educational Fee fixation committee"

functioning on ad-hoc basis before the commencement of this Act, shall continue to operate till the Regulation of Admission and Fixation of Fee

Powers of the Regulation of Admission and Fixation of Fee Committee Powers of the Regulation of Admission and Fixation of Fee Committee.—

1. (1) The committee shall oversee that the Private professional educational institutions adhere to the norms and procedures as prescribed by the appropriate authority.
2. (2) Notwithstanding anything contained in any other law for the time being in force or in any judgment, decree or order of court or authority or in any agreement, the Regulation of Admission and Fixation of Fee Committee shall determine the fee structure for admission of students in the professional courses in Private Professional Educational College/Institutions. Different Fee structure may be determined for admission of students in different professional courses and for different professional educational colleges or institutions.
3. (3) The Regulation of Admission and Fixation of Fee Committee shall have power to-
   • (a) Require any Private professional educational institution to place before it the proposed Fee structure for such college or institution along with all the relevant documents and the books of accounts, along with the prescribed processing fee, as decided by the committee well in advance, at least three months before commencement of the session or as the Committee may direct.
   • (b) Verify whether the Fee structure proposed by the such college or institution is justified;
   • (c) Approve the fee structure for such college or institution or determine other fee structure which shall be charged by such college or institution for admission of students in the professional courses.
4. (4) The fee structure so determined by the Regulation of Admission and Fixation of Fee Committee shall be communicated to the Respective Department, whereupon the Respective Department shall notify the fee structure for the courses running under the Private professional education institute.
5. (5) The fee structure, after such notification, shall be binding on the Private professional educational institutions for a period of three years or for a period permitted by the National/State level statutory body competent to grant such permission. The fee so determined shall be applicable to a student who is admitted to a professional educational institution in that academic year and shall not be revised till the completion of his/her professional course in that institution.
6. (6) The Private professional educational institution shall not be allowed to charge or collect any fee other than the fees notified by the respective department under sub-section 5
7. (4) and shall not be allowed to collect the fee at a time amounting to more than one term fee from a student in an academic year;

Manner of fixation of Fees .—

1. (1) The Regulation of Admission and Fixation of Fee Committee shall determine and fix the fee or fees to be charged by a Private professional educational institution for admission of students in the professional course, taking into consideration the following factors, namely :-
   • (a) The location of the professional educational institution;
   • (b) The nature of professional course;
   • (c) The available infrastructure;
   • (d) The expenditure on salary, administration and maintenance;
   • (e) The reasonable surplus required for the growth and development of the college or institution;
   • (f) Such other factors, as the Committee may decide and;
   • (g) While determining fee, special focus shall be had to the number and type of courses run in the institution so that the burden of the fee are equitably and rationally distributed among the different courses.
2. (2) The fees to be determined by the Committee shall include -
   • (a) The tuition fee;
   • (b) Library fee;
   • (c) Laboratory fee:
   • (d) Computer fee;
   • (e) Caution money (One time);
   • (f) Examination fee;
   • (g) Hostel Fee;
   • (h) Such other fees, as the Committee may decide or as directed by the State Government or as recommended by the Statutory Authority.

Applicability to the Professional courses.—The State government shall notify the Professional courses to be covered under the purview of the Regulation of Admission and Fixation of Fee Committee. The State government may, by notification in the official Gazette, direct to add or remove any professional courses of different academic

disciplines to be brought under the purview of the Regulation of Admission and Fixation

of Fee Committee, as and when required.

No capitation fee.—No capitation fee shall be charged or collected by or on behalf of a Private professional educational institution or by any person who is charge or is

responsible for the management of such institution from or in relation to any student in

consideration of his admission to or continuance in any professional course in such institution.

Action by the Respective Department in case of contravention by the Professional Educational Institutions.—Where the Respective Department, on receipt of any complaint or otherwise, is satisfied after due inquiry that the Private professional educational institution has collected the capitation fee or fees in excess of the fee determined by the Regulation of Admission and Fixation of Fee Committee as notified by the respective department under Section 5(4), it may: -

1. (a) direct the concerned institution to refund the fee so collected in excess of the fee determined by the Committee or refund the capitation fee so collected;
2. (b) recommend for reduction/non-allocation of seats in particular course to the statutory authority;
3. (c) withdraw no objection certificate (NOC)/consent/undertaking/ essentiality certificate granted in favor of the profession educational institute to the statutory authority;
4. (d) recommend to the Statutory Authority and/or, concerned University for taking any other appropriate action against such institution.

Protection of action taken in good faith Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against any member of the committee, officer or employee of the Government for anything which is done in good faith or purported to be done in pursuance of the provisions of this Act or rules made thereunder.

Power to make rule.—The State Government may by notification, in the Official Gazette make rules to carry out the purposes of this Act.

Power to give direction.—The State Government may, from time to time, issue such directions not inconsistent with the provisions of this Act, to any professional educational institution or to the Regulation of Admission and Fixation of Fee Committee as it may think fit in this regard, for the purpose of carrying out provisions of this Act, rules or orders made thereunder and the professional educational institutions or the Regulation of

Overriding effect Overriding effect.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force.

Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by 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 or expedient for removing the difficulty.

-1 15. Repeal and Saving.—Both the Admission Monitoring Committee and Educational Fee Fixation Committee constituted by the Health Department and operational immediately preceding the operation of this Act shall cease to exist after the Regulation of Admission and Fee Fixation Committee under this Act is constituted by the State government. Notwithstanding such cessation any action taken or decision by any such fee fixation authority/body shall be deemed to have been taken or done under this Act.