The Gujarat Professional Technical Education Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007

1. (1) This Act may be called the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) (Amendment) Act, 2019.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (hereinafter referred to as "the principal Act"), in section 2.-

1. (i) after clause (d), the following clause shall be inserted, namely:- "(dd) "Foreign National

1. (FN) Student" means the student other than Non-Resident Indian
2. (NRI) who possesses a foreign passport and fulfils the equivalency of eligibility requirements ascertained by the competent authority as may be specified by the Ministry of Human Resource Development, Government of India, for admission;";
   • (ii) in clause (g), for sub-clause (ii), the following sub-clause shall be substituted, namely:- "(ii) fifty per cent. (50%) seats of the professional courses of the total approved seats of the unaided colleges or institutions;";
   • (iii) after clause (g), the following clause shall be inserted, namely:- "(gg) "GTERS or the Gujarat Technical Education and Research Society (GTERS)" means a society constituted by the Education Department, Government of Gujarat under the Government Resolution No. MIS/102013/104/S dated the 31st December 2013;";
   • (iv) for clause (h), the following clause shall be substituted, namely:- "(h) "Management seats" means fifty per cent. (50%) seats of the professional courses of the total approved seats in the unaided colleges or institutions including fifteen per cent. (15%) of Non-Resident Indian seats; and also includes seats for Foreign National Students; and students from any State (including Gujarat);";
   • (v) in clause (i), for the words "in the professional educational colleges or institutions", the words "on the management seats in the unaided educational colleges or institutions on the basis of fulfillment of equivalency of eligibility requirements for admission as ascertained by the competent authority as may be specified by the Ministry of Human Resource Development, Government of India," shall be substituted.

1. (1) The State Government shall, by notification in the Official Gazette, constitute one or more Admission Committees for admission in the professional educational colleges or institutions for such courses as may be specified by it.
2. (2) The Admission Committee shall consist of such members as the State Government may determine.
3. (3) The Gujarat Technical Education and Research Society (GTERS) shall guide, supervise, promote and control the entire process of admission of students to the professional educational colleges or institutions.

1. (1) Subject to such rules as may be prescribed and the provisions of this Act, a student shall be eligible for admission to the professional educational courses if he possesses the minimum qualification as may be prescribed by the respective professional council or the University or the All India Council for Technical Education or the Council of Architecture or the Pharmacy Council of India, as the case may be.
2. (2) A student who has passed the qualifying examination from any other State shall be eligible for admission to the professional educational courses, subject to such conditions as may be prescribed.
3. (3) The Admission Committee shall not grant admission to a student unless he fulfills the eligibility criteria as may be prescribed.

"5.

1. (1) For the purpose of admission on the Government seats in the professional courses, the Admission committee shall prepare the merit list of students based on common entrance test or on such other criteria as may be prescribed.
2. (2) For the purpose of admission on the management seats in the professional courses, the unaided college or institution shall prepare the merit list of students based on common entrance test or on such other criteria as may be prescribed:
3. (3) The Foreign National Students or, as the case may be, NRI students shall be admitted in any professional educational college or institution in such manner and on such criteria as may be prescribed: Provided that it shall not be necessary to conduct common entrance test for preparing merit list for admission to such professional courses as may be specified by the state Government by notification in the Official Gazette."

" Provided that if any unaided college or institution requests to fill all or any portion of the management seats by the Admission committee, such management seats shall be considered as the Government seats: Provided further that if any Government seat remains vacant, such seat shall be filled in as the management seat in the manner as may be prescribed: Provided also that if any Non-Resident Indian seat remains vacant, such seat shall be filled in as the management seat."

Admission of students from other States or countries.—(1) The Admission Committee may reserve such number of seats, not exceeding five per cent. of the total seats, for the students who are residents of other States or countries, in such manner as may be prescribed: Provided that, such students shall have passed the qualifying examination from any other State or country as may be specified by the State Government by notification in the Official Gazette: Provided further that, such students shall fulfill the eligibility criteria as may be prescribed by the Admission Committee.

1. (2) The Admission Committee shall prepare a separate merit list for such students.

Admission of students from other States.—(1) Notwithstanding anything contained in section 7, the students from other States may be given admission in the unaided colleges or institutions in such manner as may be prescribed: Provided that, they shall have passed the qualifying examination from a school or college or institution located in India.

1. (2) The Admission Committee shall prepare a separate merit list for the purpose of admission under sub-section (1).

1. (1) The State Government shall, for the purpose of determination of the fee structure, constitute a Fee Regulatory Committee.
2. (2) The Committee shall consist of the following members, namely:—
   • (a) a retired Judge of the High Court, who shall be the Chairperson;
   • (b) one member who is an expert in the field of accounting;
   • (c) one member who is an expert in the field of technical education;
   • (d) one member who is an expert in the field of management or finance;
   • (e) one member, not below the rank of Deputy Secretary, to be nominated by the State Government, who shall be the Member Secretary.
3. (3) The term of the office of the members of the Committee shall be such as may be prescribed.
4. (4) The Committee shall regulate its own procedure for the conduct of its business.
5. (5) The Committee may appoint such number of officers and employees as may be necessary to assist the Committee in the discharge of its functions under this Act.
6. (6) The expenses of the committee shall be borne by the State Government.

1. (1) The Fee Regulatory Committee shall determine the fee to be paid by the candidates for admission to the professional courses in the unaided professional educational colleges or institutions.
2. (2) The Committee shall determine the fee after considering the factors as may be prescribed for the purpose: Provided that the Committee shall, before determining the fee, hear the representative of the unaided professional educational college or institution and such other persons or organizations as it may deem proper.
3. (3) The Committee may, while determining the fee structure, ensure that the fee is sufficient to generate surplus for the betterment and growth of the unaided professional educational college or institution.
4. (4) The Committee shall determine the fee structure for a period of three years.
5. (5) The fee structure determined by the Committee shall be binding on the unaided professional educational college or institution for three years.
6. (6) The unaided professional educational college or institution shall not charge any fee in excess of the fee determined by the Committee.

1. (1) Subject to the provisions of this Act, the fee for Government seats and Management seats in the professional educational colleges or institutions shall be determined by the Fee Regulatory Committee; and students who are Foreign Nationals and NRI.
2. (2) The Fee Regulatory Committee shall determine, and fix the fee or fees to be charged by the unaided professional educational colleges or institutions on the basis of the following factors, namely:—
   • (a) the location of the professional educational college or institution;
   • (b) the nature of the professional course;
   • (c) the cost of land and building; Provided that the unaided professional educational college or institution may raise the fee up to five per cent. of existing fee for the fee block upto three years, or make any reduction in the existing fees without following the procedure as referred to in clauses
   • (a) and
   • (b) above. However, the unaided professional educational college or institution shall provide a "Declaration cum undertaking" regarding the revised fee structure under this section in the form of affidavit as may be prescribed.
   • (d) the available infrastructure viz. equipments, computers, library, books, furniture, fixtures and amenities;
   • (e) the expenditure on administration and maintenance;
   • (f) the reasonable profit required for growth and development of the professional educational college or institution;
   • (g) the cost of generation of employment or wrinkled placements;
   • (h) any other relevant factor as may be prescribed. (2A) Any unaided college or institution may charge differential fee for different courses/ branch subject to the maximum ceiling prescribed by Fee Regulatory Committee.
3. (3) The Fee Regulatory Committee shall, in addition to the factors specified in sub-section (2), have the power to determine the fee to be charged for the Management seats.
4. (4) The Fee Regulatory Committee shall communicate the fee determined by it to the concerned professional educational college or institution and the State Government.
5. (5) Any professional educational college or institution aggrieved by the order of the Fee Regulatory Committee may apply to such Committee for review of the order within thirty days from the date of such order.
6. (6) The Fee Regulatory Committee shall, after considering the application for review, communicate its order to the concerned professional educational college or institution.

1. (1) The Fee Regulatory Committee shall have the power to regulate the fee structure of the unaided professional educational colleges or institutions and to ensure that the fee charged by them is not exploitative.
2. (2) The Fee Regulatory Committee shall have power to—
   • (a) require any professional educational college or institution to place before it the proposed fee structure;
   • (b) verify the infrastructure and other facilities available in the professional educational college or institution;
   • (c) give an opportunity to be heard to the management of the professional educational college or institution before fixing the fee;
   • (d) perform such other functions as may be prescribed.
3. (3) The Fee Regulatory Committee may call for such information and records which it considers necessary from the professional educational college or institution for the purpose of discharging its functions.

Audit of accounts. 12.

1. (1) Every unaided college or institution shall maintain its accounts in such form and in such manner as may be prescribed.
2. (2) The accounts of every unaided college or institution shall be audited annually by a chartered accountant or a firm of chartered accountants and the audit report shall be submitted to the Fee Regulatory Committee.

Power of State Government to issue directions. 13.

1. (1) The State Government may, from time to time, issue such directions to the Admission Committee or, as the case may be, the Fee Regulatory Committee as it may deem fit for the effective implementation of the provisions of this Act and the directions so issued shall be binding on the Admission Committee or the Fee Regulatory Committee.
2. (2) The State Government may, from time to time, issue such directions to the unaided colleges or institutions as it may deem fit for the effective implementation of the provisions of this Act and the directions so issued shall be binding on such colleges or institutions.

Whoever contravenes any of the provisions of this Act or the rules made thereunder shall, after giving opportunity of being heard, be punishable with fine which may extend to rupees fifty lakhs; or any penal action that may be taken by the State Government under the respective University Acts or both.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (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 constitution of the Admission Committee under section 4;
   • (b) the criteria for preparation of merit list under section 5;
   • (c) the manner and criteria for admission of Non-Resident Indian seats under section 5;
   • (d) the procedure to be followed by the Fee Regulatory Committee under section 10;
   • (e) any other matter which is to be, or may be, prescribed under this Act.
3. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible 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.
4. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

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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 may appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the date of 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.