The Gujarat Industrial Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007

Short title and commencement.—(1) This Act may be called the Gujarat Industrial Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007.

1. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.—In this Act, unless the context otherwise requires,—

1. (a) "Admission Committee" means the Admission Committee constituted under section 4;
2. (b) "Common Entrance Test" means the entrance test conducted for admission of students to the professional medical educational courses in the professional medical educational colleges or institutions;
3. (c) "Fee Regulatory Committee" means the Fee Regulatory Committee constituted under section 9;
4. (d) "Management Seats" means the seats of the sanctioned intake which are to be filled by the management of the respective professional medical educational college or institution;
5. (e) "Non-Resident Indian Seats" means the seats reserved for children or wards of the Non-Resident Indian;
6. (f) "Professional Medical Educational College or Institution" means any college or institution, whether government or private, aided or unaided, or grant-in-aid, running professional medical educational courses imparting education in medical, dental, physiotherapy, nursing, optometry, occupational therapy, audiology, speech language and pathology, or such other discipline as the State Government may, by notification in the Official Gazette, specify;
7. (g) "Professional Medical Educational Courses" means the courses of study in medical, dental, physiotherapy, nursing, optometry, occupational therapy, audiology, speech language and pathology or such other discipline as the State Government may, by notification in the Official Gazette, specify;
8. (h) "Sanctioned Intake" means the number of seats sanctioned by the authority authorized by law for admitting students to a professional medical educational college or institution;
   • (i) "State Government" means the Government of Gujarat.

Constitution of Admission Committee:

1. (1) The State Government shall, for the purposes of regulation of admission of the students to the professional medical educational courses in the professional medical educational colleges or institutions, constitute an Admission Committee, consisting of the following members, to be appointed by the State Government, namely:—
   • (a) Commissioner of Health, Medical Services and Medical Education, who shall be the Chairman of the Committee;
   • (b) the Chairman of the Fee Regulatory Committee constituted under section 9 of the Act;
   • (c) three members to be nominated by the State Government, who have profound knowledge in the field of medical education;
   • (d) one member from the concerned discipline of professional medical education to be nominated by the State Government.
2. (2) The Chairman of the Committee shall designate an officer not below the rank of Additional Director of Health, Medical Services and Medical Education as the Member-Secretary of the Committee.
3. (3) The term of the members of the Admission Committee shall be for a period of three years.
4. (4) The non-official members of the Committee shall be entitled to such fees and allowances as may be prescribed.
5. (5) The Admission Committee shall regulate its own procedure for the conduct of its business.

Functions of Admission Committee: The Admission Committee shall perform the following functions, namely:—

1. (i) to prepare the policy for admission in the professional medical educational colleges or institutions;
2. (ii) to supervise and guide the admission process in the professional medical educational colleges or institutions;
3. (iii) to guide the students in the process of admission;
4. (iv) to perform such other functions as may be assigned to it by the State Government.

Admission to professional medical educational courses

1. (1) Notwithstanding anything contained in this Act, admission to professional medical educational courses in the professional medical educational colleges or institutions shall be given as provided in this chapter.
2. (2) Subject to the other provisions of this Act, admission to professional medical educational courses in the professional medical educational colleges or institutions shall be made by the Admission Committee on the basis of the merit based on the marks obtained in the qualifying examination or such other examination as may be notified by the Government from time to time: Provided that the Government may, by notification in the Official Gazette, prescribe the common entrance test for the purpose of admission in the professional medical educational courses: Provided further that the Government may notify the percentage of seats to be filled up by the Admission Committee and the percentage of seats to be filled up by the management of the respective professional medical educational college or institution.
3. (3) The Admission Committee shall prepare the merit list of the students who have applied for admission in the professional medical educational colleges or institutions and shall allot the seats to the students in accordance with the merit list so prepared.
4. (4) In case of the seats to be filled up by the management of the respective professional medical educational college or institution, the management shall fill up these seats from the students who have applied for admission in the respective professional medical educational college or institution and who are eligible for admission to the professional medical educational course.
5. (5) The admission process shall be completed by the Admission Committee or the management, as the case may be, in accordance with the guidelines as may be prescribed by the Government:

Constitution of Fee Regulatory Committee Constitution of Fee Regulatory Committee

1. (1) The Government shall, for the purposes of determination of fee for admission of students to the professional medical educational colleges or institutions, constitute a Fee Regulatory Committee to be called "the Fee Regulatory Committee".
2. (2) The Fee Regulatory Committee shall consist of the following members, namely:—
   • (a) a retired Judge of the High Court, who shall be the Chairperson;
   • (b) one person who is an expert in the field of accountancy or finance;
   • (c) one person who is an expert in the field of medical education;
   • (d) one person who is an administrator of repute;
   • (e) the Commissioner of Health, Medical Services and Medical Education, or his nominee, as the member secretary.
3. (3) The term of office of the members of the Fee Regulatory Committee shall be such as may be prescribed by the Government.
4. (4) The Fee Regulatory Committee shall regulate its own procedure for the performance of its functions.
5. (5) The remuneration and other allowances payable to the members of the Fee Regulatory Committee shall be such as may be prescribed by the Government.

Functions of Fee Regulatory Committee.—

1. (1) The Fee Regulatory Committee shall determine the fee structure for the professional medical educational colleges or institutions.
2. (2) The Fee Regulatory Committee shall—
   • (a) receive the proposal for fixation of fees from the professional medical educational colleges or institutions;
   • (b) verify whether the fee proposed by such colleges is justified and does not amount to profiteering or charging capitation fees;
   • (c) approve the fee structure or determine other fee structure to be charged by the professional medical educational colleges or institutions.

Factors for fixation of fees.—

1. (1) The Fee Regulatory Committee shall determine, and fix the fee to be charged by the professional medical educational colleges or institutions on the basis of—
   • (a) the location of the professional medical educational college or institution;
   • (b) the nature of the course or courses;
   • (c) the available infrastructure;
   • (d) the expenditure on administration and maintenance;
   • (e) a reasonable surplus required for the growth and development of the professional medical educational college or institution;
   • (f) the revenue foregone on account of waiver of fee, if any, in respect of students belonging to the reserved category;
   • (g) such other relevant factors as may be prescribed by the State Government.
2. (2) The Fee Regulatory Committee shall give priority to the items of expenditure which are directly related to the imparting of education.

Finality of determination of fees.

Penalty for contravention of Act Penalty for contravention of Act.

1. (1) Any professional medical educational college or institution which contravenes any of the provisions of this Act or the rules made thereunder or fails to comply with the directions of the Admission Committee or the Fee Regulatory Committee shall be liable to be imposed a penalty,—
   • (a) in case of first contravention, with a fine which may extend to five lakh rupees; and
   • (b) in case of second or subsequent contravention, with a fine which shall not be less than five lakh rupees but which may extend to ten lakh rupees.
2. (2) The admission made in contravention of the provisions of this Act shall be invalid.

Cognizance of offence.—No court shall take cognizance of any offence punishable under this Act, except upon a complaint in writing made by the Admission Committee or, as the case may be, the Fee Regulatory Committee or any officer authorised by it in this behalf.

Power to make rules.—(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the procedure to be followed by the Admission Committee and the Fee Regulatory Committee in the discharge of their functions under this Act;
   • (b) the manner of holding common entrance test;
   • (c) the factors to be considered by the Fee Regulatory Committee for determination of fees;
   • (d) any other matter which is to be, or may be, prescribed under this Act.
2. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
3. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

Power to make regulations.

1. (1) The Admission Committee and the Fee Regulatory Committee may, with the previous approval of the State Government, make regulations not inconsistent with the provisions of this Act and the rules made thereunder for the purpose of carrying out the provisions of this Act.
2. (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 procedure to be followed by the Admission Committee for regulating the admission;
   • (b) the procedure to be followed by the Fee Regulatory Committee for the fixation of fees;
   • (c) any other matter which is required to be, or may be, prescribed by regulations.
3. (3) All regulations made under this section shall be published in the Official Gazette.

Power to remove difficulties.

1. (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, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

-1 Section 15 ("Repeal and saving")

1. (1) The Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Ordinance, 2007 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.