The Chhattisgarh Niji Vyavsayik Shikshan Sanstha Act, 2008

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In this Act, unless the context otherwise requires,— (a) “Admission” means admission of a student in any professional course in a private professional educational institution; (b) “Common Entrance Test” means the entrance test conducted by the State Government or any agency authorized by the State Government for admission to professional courses; (c) “Private professional educational institution” means an institution imparting professional education as defined in clause (k) which is not maintained by or receiving aid out of the State funds; (d) “Fee” means all fees including tuition fee and development fee required to be paid by the student for the course, as fixed under the Act, 1961 (No. 43 of 1961); (e) “Management” means the Managing Committee of a private professional educational institution; (f) “Professional course” means such course of study as may be notified by the State Government from time to time; (g) “State Government” means the Government of Chhattisgarh; (h) “University” means a University established or incorporated by or under a Central Act or a State Act; (i) “Professional Education” means such educational course or programme as may be notified by the State Government from time to time; (j) “NRI” means a Non-Resident Indian as defined in the Income Tax Act, 1961 (No. 43 of 1961) or any other law for the time being in force; (k) “Minority Educational Institution” means an institution established and administered by a minority, whether based on religion or language, which has been granted minority status by the State Government or any other competent authority; (l) “Year” means the academic year. In this Act, unless the context otherwise requires,- (a) "appropriate authority" means a Central or State authority established by the Central or the State Government for laying down norms and conditions for ensuring standards of professional education ; (b) "capitation fees" 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; (c) "committee" means the Admission and Fee Regulatory Committee, constituted under section 4; (d) "common entrance test" means an entrance test, conducted for determination of merit of the candidates followed by centralized counselling for the purpose of merit based admission to professional colleges or institutions through a single window procedure by the State Government or by an agency authorized by it; (e) "fee" means all fee including tuition fee and development charges; (f) "foreign candidate" means a person holding a foreign passport seeking admission in a deemed university imparting professional education or to a private unaided professional institution in Chhattisgarh; (g) "management" means any person or body, by whatever name called, managing and controlling the private unaided professional educational institution; (h) "minority" means a minority defined under section 2 (f) of the National Commission for Minority Educational Institution Act, 2004 (2 of 2005); (i) "minority institution" means an institution imparting professional education, established and administrated by a minority and recognised or notified as such by the State Government subject to such conditions as may be prescribed; (j) "non-resident Indian" shall have the same meaning as assigned to it in clause (e) of section 115C of the Income-tax Act, 1961 (43 of 1961); (k) "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide notification No. F 85-XXV-4-84, dated the 26th December, 1984 as amended from time to time; (l) "private unaided professional educational institution" means a professional educational institution which is not receiving recurring financial aid or grant-in-aid from any State or Central Government and which is not established or maintained by the Central Government, the State Government or any public body; (m) "professional course" means a course of study notified as professional course by the appropriate authority, such as a degree, diploma or certificate by whatever name called; (n) "professional educational institution" means a college or a school or an institute by whatever name called, imparting professional education, 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 under section 3 of the University Grants Commission Act, 1956 (3 of 1956) and approved or recognized by the competent statutory body regulating professional education; (o) "reserved seat" means the seat reserved in favour of persons belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes as may be notified by the State Government; (p) "sanctioned intake" means and implies the total number of seats sanctioned by an appropriate authority and notified by the State Government for admitting students in each course of study in a professional institution; (q) "Scheduled Caste" means any caste, race or tribe or part of, or group within caste, race or tribe specified as Scheduled Castes with respect to the State of Chhattisgarh under article 341 of the Constitution; (r) "Scheduled Tribe" means any tribe or tribal community or part of, or group within such tribe or tribal community specified as Scheduled Tribes with respect to the State of Chhattisgarh under article 342 of the Constitution;

(1) Subject to the provisions of this Act, admission to seats in a private professional educational institution excluding the management seats shall be made on the basis of the merit of the candidate in the Common Entrance Test. (2) The State Government may, by notification, specify the procedure for admission to professional courses in a private professional educational institution, to ensure that the admission is made in a transparent, fair and non-exploitative manner. (3) Any admission made in violation of the provisions of this Act shall be void. (4) The management of the institution may admit students against the management seats in such manner as may be prescribed. (5) The State Government may, by rules, provide for the reservation of seats for candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes. (6) The admission to all seats in a private professional educational institution shall be made by the competent authority in such manner as may be prescribed. (1) The State Government shall, by notification in the official Gazette, constitute a Committee to be called the Admission and Fee Regulatory Committee, for the supervision and guidance of the admission process and for the fixation of fee to be charged from candidates seeking admission in a private professional educational institution. Provided that notwithstanding anything contained in any act the fee once fixed shall be revisable every year or in a gap of three years as may be necessary, by the Fee Regulating Committee. (2) The Committee shall be presided by a Chairperson who has been a Vice Chancellor of a Central University or a State University or an institute deemed to be University or a judicial officer not below the rank of Super time scale or senior administrative officer not below the rank of Principal Secretary to the State Government or Joint Secretary to the Government of India and shall include four other members having expertise in matters of finance, administration or law, technical education and medical education. (Financial expenses will be met separately by the department of technical education/medical education. Budget to meet out the expenses incurred in functioning of the committee will be allocated by the State Government separately every year.) (3) The term 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 educational institution shall be eligible for being a member of the Committee. (6) The Chairperson or any member of the Committee shall cease to be so, if he performs any Act, which in the opinion of the State Government is unbecoming of Chairperson or a member of the Committee. (7) The Committee may frame its own procedure in accordance with the regulations notified by the State Government in this regard. (8) The Committee may require a private aided or unaided professional educational institution or, a deemed University to furnish, by a prescribed date, information as may be necessary for enabling the Committee to determine the fee that may be charged 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 Committee may hear complaints with regards to admission in contravention of the provisions contained herein, collecting of capitation fee or fee in excess of fee determined or profiteering by any institution, and if the Committee after enquiry finds that there has been any violation of the provisions for admission on the part of the unaided professional colleges or institution, it shall make appropriate recommendation for returning an excess amount collected to the person concerned, and also recommendation to the Government for imposing a fine upto Rs. 10,00,000, and Government may on receipt of such recommendation, fix the fine and collect the same in the case of each such violation or decide any other course of action as it deems fit and the amount so fixed together with interest thereon shall be recovered as if it is an arrear of land revenue and the committee may also declare admission made in respect of any or all seats in a particular college or institution to be invalid.

The State Government may, by notification, constitute a Committee for the fixation of fee in private professional educational institutions. The Committee shall, after taking into account the factors such as the nature of the professional course, the available infrastructure, the expenditure incurred by the institution, and the reasonableness of the fee, determine the fee to be charged by the institution. The eligibility for admission to a private unaided professional educational institutional shall be such as may be notified by the appropriate authority.

No private professional educational institution shall collect, directly or indirectly, any capitation fee or donation, by whatever name it may be called, in addition to the fee fixed by the Committee under Section 5. In private unaided professional educational institution, admission to sanctioned intake shall be on the basis of the common entrance test in such manner as may be prescribed by the State Government.

Any violation of the provisions of this Act or the rules made thereunder shall be punishable with a fine as may be prescribed, and/or with the withdrawal of the permission or recognition granted to the institution. Every admission to private unaided professional educational institution shall be made in accordance with the provision of the rules made thereunder and every admission made in contravention thereof shall be void.

The State Government or an officer authorized by it may, for the purposes of this Act, enter and inspect any private professional educational institution at any reasonable time. In admission to private unaided professional educational institutions, other than the minority educational institutions referred to in clause (1) of article 30 of the Constitution of India, there shall be reservation at the stage of admission for the person belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens as may be prescribed by the State Government.

Every private professional educational institution shall maintain such accounts and other records in such manner as may be prescribed and shall submit the same to the State Government or the Committee as and when required. (1) Having regard to: (i) the location of the private unaided professional educational institution; (ii) the nature of the professional course; (iii) the cost of land and building; (iv) the available infrastructure, teaching, non teaching staff and equipments; (v) the expenditure on administration and maintenance; (vi) a reasonable surplus required for growth and development of the professional institution; (vii) any other relevant factor, the Committee shall determine, in the manner prescribed, the fee to be charged by a private unaided professional educational institution. (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 commercialisation of education.

(1) The Committee shall consist of such number of members as may be appointed by the State Government. (2) The Committee shall perform such functions and follow such procedure as may be prescribed. The State Government shall appoint for not more than one year at a time, an appellate authority, consisting of a person who has been a judge of the High Court, or a person who has held office not below the rank of the Chief Secretary of a State, before whom a person or a professional institution aggrieved by an order of the Committee in the State may file an appeal, within a period of 30 days of passing of such an order.

The State Government may issue such directions to the private professional educational institutions as it deems necessary for the implementation of the provisions of this Act. The provision 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.

No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. The State Government may, by notification make rules for carrying out the purposes of this Act.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions as it appears to it to be necessary or expedient for removing the difficulty. (2) No order made under this section shall be questioned in any court of law. (1) The State Government may, by notification in the official Gazette, make regulations consistent with this Act and the rules made thereunder. (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 eligibility of admission, manner of admission and allocation of seats in a professional institution including the reservation of seats for foreign or non-resident Indian Candidates; (c) the manner of admission or determination of fee to be charged by a professional institution from the candidates; (d) the fees to be charged by the professional educational institution from the candidates; (e) any other matter which has to be, or may be, prescribed.

(1) Any law or order corresponding to this Act, in force immediately before the commencement of this Act, shall stand repealed. (2) Notwithstanding such repeal, anything done or any action taken under the repealed law shall be deemed to have been done or taken under the corresponding provisions of this Act. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the official Gazette, not inconsistent with the provisions of this Act, remove the difficulty. Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before Legislative Assembly.

Notwithstanding anything contained in any judgment, decree or order of any court or authority, all admissions made and fees collected by any private professional educational institution before the commencement of this Act shall be deemed to be validly made or collected under this Act. No suit, prosecution or other legal proceeding shall lie against the State Government or the appellate authority or chairperson and members of the Committee for anything which is in good faith done or intended to be done under this Act.