The Haryana Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Maintenance of Educational Standards) Act, 2012

THE HARYANA PRIVATE HEALTH SCIENCES EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION, FIXATION OF FEE AND MAINTENANCE OF EDUCATIONAL STANDARDS) ACT, 2012

(Haryana Act No. 9 of 2012) Table of contents SECTIONS:

Short title.

Definitions. (a) "academic year" means a period of twelve months commencing on the first day of May of any year or such other period as may be specified by the State Government for a course of study; (b) "aided private health sciences educational institution" means a private health sciences educational institution receiving grants-in-aid from the State Government; (c) "Association" means an association of private health sciences educational institutions; (d) "Committee" means the Fee and Admission Committee constituted or notified under section 7; (e) "common entrance test" means an entrance test conducted by the State Government or an agency authorized by it or an association of private health sciences educational institutions in accordance with the provisions of this Act to determine the eligibility of candidates for admission to the private health sciences educational institution; (f) "course" means a course of study in private health sciences educational institution; (g) "fee" means all fees including tuition fee, development fee, library fee, laboratory fee, equipment fee, gymnasium fee, sports fee, medical fee, computer fee, examination fee, training and placement fee or any other charge by whatever name called, collected from the students by the private health sciences educational institution; (h) "health sciences" means Modern Medicine, Dental, Ayurveda, Homeopathy, Unani, Nursing, Physiotherapy, Pharmacy, Laboratory Technology or any other system of medicine or paramedical course as may be notified by the State Government; (i) "management" means the managing committee or the governing body, by whatever name called, of a private health sciences educational institution; (j) "minority health sciences educational institution" means a private health sciences educational institution established and administered by a minority, whether based on religion or language, and is so declared by the State Government; (k) "private health sciences educational institution" means any college or institution, by whatever name called, established and maintained by a private person or body of persons and recognized as such by the respective Central Council or university or the State Government, imparting health sciences education and includes an aided or unaided private health sciences educational institution; (l) "State Government" means the Government of the State of Haryana; (m) "unaided private health sciences educational institution" means a private health sciences educational institution which does not receive any grant-in-aid out of the State funds; (n) "University" means any university established or incorporated by an Act of the State Legislature or Central Legislature and includes a deemed university.

Eligibility and admission. (1) No student shall be admitted to any private health sciences educational institution unless he possesses the minimum qualification and fulfills the eligibility criteria; (2) The admission of students to the private health sciences educational institution shall be made in a transparent and fair manner through a common entrance test; (3) The admission shall be made by the private health sciences educational institution in a transparent manner for which it shall issue a notification in at least two leading national daily newspapers, one in Hindi and another in English, and also display on its website/notice board, inviting applications from the eligible candidates; (4) The admission shall be made strictly on the basis of inter-se-merit of candidates to be determined by the marks obtained in the qualifying examination or common entrance test as decided by the State Government; (5) The management of the private health sciences educational institution shall display the information on its website and notice board regarding the total number of seats, category-wise and management quota seats, fee structure prescribed by the Committee, details of faculty and other infrastructure.

Allocation of seats. (1) The private health sciences educational institution shall fulfill the seats as per norms laid down by the respective Central Council or university; (2) The private health sciences educational institution shall fulfill the seats as per norms of the State Government; (3) The State Government shall oversee the process of admission.

Reservation. (1) The reservation of seats in the private health sciences educational institution for various categories shall be as per the policy of the State Government; (2) The State Government shall ensure that the reservation policy is implemented.

Affiliation. (1) The private health sciences educational institution shall be affiliated to a university; (2) The university shall inspect the institution and grant affiliation as per its norms; (3) The State Government shall ensure that the affiliation process is transparent.

Fee and Admission Committee. (1) The State Government shall constitute a Fee and Admission Committee; (2) The Committee shall determine the fee; (3) The Committee shall regulate the admission process; (4) The Committee shall have power to summon any record; (5) The Committee shall ensure fairness; (6) Such other functions as may be assigned; (7) The Committee shall meet as often as necessary.

(1) Every private health sciences educational institution shall maintain the standards and quality of education as may be specified by the University concerned or the respective regulatory body of the Central Government or State Government, as the case may be. (2) The State Government may, if it feels necessary, conduct enquiry into the standards and quality of education to be maintained by any private health sciences educational institution.

(1) Every private health sciences educational institution shall furnish such information and returns as may be required by the State Government, the University or the regulatory body concerned, as the case may be.

(1) Every private health sciences educational institution shall allow inspection of its infrastructure, facilities and records by the authorities as may be specified by the State Government, the University or the regulatory body concerned, from time to time.

(1) Every private health sciences educational institution shall maintain transparency in its functioning and shall make available all relevant information to the students, parents and the general public.

(1) Every private health sciences educational institution shall comply with the instructions, directions or guidelines issued by the State Government, the University or the regulatory body concerned regarding the admission process, fixation of fee, and maintenance of educational standards.

(1) The State Government shall have the power to regulate the functioning of the private health sciences educational institutions to ensure quality of education, fair admission process and reasonable fee structure. (2) The State Government, for reasons to be recorded in writing, may issue such directions to any private health sciences educational institution as it deems fit for the purpose of carrying out the provisions of this Act.

(1) The State Government may impose fine on any private health sciences educational institution for violation of any provision of this Act or rules or regulations framed thereunder. (2) The fine shall be determined by the State Government after giving an opportunity of hearing to the concerned institution.

(1) Any private health sciences educational institution aggrieved by any order passed by the State Government under this Act may prefer an appeal to the Appellate Authority constituted by the State Government within a period of thirty days.

(1) Any person aggrieved by the decision of the Appellate Authority may file a representation before the State Government.

(1) The State Government shall decide the representation within a period of three months after providing an opportunity of being heard to the aggrieved party.

(1) The State Government, after considering the representation, may pass such order as it deems fit and such order shall be final.

(1) Any fine imposed under this Act shall be credited to the State Government treasury.

(1) The accounts of every private health sciences educational institution shall be audited by a Chartered Accountant every year, and a copy of the audited report shall be submitted to the State Government.