Chapter III POWERS OF THE FEE REGULATION COMMITTEE

1. (1) The Fee Regulation Committee shall have the power to, -
   • (i) notify dates for submission of the proposed fee structure, along with all relevant documents, for professional education courses, from each Higher Educational Institution to be placed before the committee for scrutiny, before the commencement of the academic year;
   • (ii) monitor and regulate fee in Higher Educational Institutions in accordance with the rules, guidelines, and procedures, as prescribed;
   • (iii) verify whether the fee proposed by each institution is justified and it does not amount to profiteering or charging of capitation fee;
   • (iv) approve or modify the fee structure to be charged for professional education courses by Higher Educational Institutions;
   • (v) address grievances of students regarding fee charged in a time bound manner;
   • (vi) to notify the programmes of study as professional education courses for purposes of this Act;
   • (vii) communicate its findings to the Higher Educational Institutions formally, as a direction to rectify deficiencies noted, within a reasonable timeframe. At all times Higher Educational Institutions shall have both the right to represent to the Committee, against conclusion on deficiencies, as well as the responsibility to comply with the deficiencies expeditiously;
   • (viii) to approve and notify procedures, formats, schedules by whatever name for the exercise of its powers under this Act;
   • (ix) To notify timelines for receipt, approval, clarification or any other event by whatever name required to exercise its powers under the Act.

1. (1) The Fee Regulation Committee shall, for the purposes of any inquiry or proceedings under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect to the following matters namely:-
   • (i) Summoning and enforcing the attendance of any person and examining him / her on oath;
   • (ii) requiring the discovery and production of any document or other material object producible as evidence;
   • (iii) receiving evidence on affidavits;
   • (iv) requisitioning of public records;
   • (v) issuing commission for the examination of witnesses;
   • (vi) reviewing its decisions, directions and orders;
   • (vii) any other matters as may be prescribed.
2. (2) The Fee Regulation Committee shall have the powers to pass such interim order in any proceeding, hearing or matter as it may consider appropriate.
3. (3) The Fee Regulation Committee may authorize any person, as it deems fit, to represent the interest of students in the proceedings before it.
4. (4) All disputes under this Act shall be summarily decided in accordance with the provisions of Order XXXVII of the Code of Civil Procedure, 1908.

1. (1) The Fee Regulation Committee shall determine the fee to be charged for professional education courses by Higher Educational Institutions taking into account the following consideration namely-
   • (i) the location of the Higher Educational Institution;
   • (ii) the nature of the professional course;
   • (iii) the available infrastructure;
   • (iv) the expenditure on administration and maintenance;
   • (v) reasonable surplus, if any, required for the growth and development of the Higher Educational Institution;
   • (vi) the additional funds, if any, generated from Non-Resident Indian student;
   • (vii) the audited account of the Higher Educational Institution;
   • (viii) any other factors as the Committee may deem fit.
2. (2) No Higher Educational Institution shall collect any fee by whatever name or form, from the student for admission to professional education courses, without the approval of Fee Regulation Committee. Provided that the Higher Educational Institution, in absence of the Fee Regulation Committee due to vacancy or otherwise, may charge fee for professional education courses for a maximum duration of one academic year. This fee shall be placed before the Fee Regulation Committee for its approval, after its constitution.
3. (3) No Higher Educational Institution shall collect any fee by whatever name or form the student for admission to professional education courses over and above the fee determined by the Fee Regulation Committee.
4. (4) The fee approved and notified by the Fee Regulation Committee shall be binding for respective Higher Educational Institutions for a period of three years from its notification. At the end of the said period, the Higher Educational Institution shall apply for revision. The fee so determined shall be applicable to a student enrolled for professional education courses for the given academic year and shall not be revised till the completion of the professional education course.
5. (5) The committee shall have the power to review and approve the fee structure for professional education course in Higher Educational Institutions ordinarily for a period of three academic years, and under special circumstances, for a period of one or two years, as the case may be, for reasons recorded in writing.
6. (6) No higher educational institution shall collect a fee amounting to more than one year’s fee from a student during one academic year.
7. (7) The Fee Regulation Committee may determine different fees in respect of different professional education courses of Higher Educational Institutions depending upon the facilities available and for this purpose it may place similarly placed Higher Educational Institutions in broad groups. Provided that the Fee Regulation Committee may allow such Higher Educational Institutions to collect a higher fee from Non-Resident Indian student over and above the fee determined for other student.

Penalties

1. (1) Any complaint regarding collection of capitation fee or profiteering by any Higher Educational Institution shall be enquired into by the Fee Regulation Committee, which shall, after obtaining the evidence and the explanation of the management of the Higher Educational Institution concerned, shall take the appropriate penal action as it deems fit.
2. (2) No penal action shall be imposed unless the Higher Educational Institution concerned is given an opportunity of being heard. The detailed procedure for receipt and disposal of complaints against Higher Educational Institutions shall be notified by the Fee Regulation Committee.
3. (3) The Committee may, for the contravention of any provision of this Act or the rules made thereafter or directions issued by the Committee, and/or for non-compliance of any orders, on being found guilty, may impose penal fine, which may extend to Rupees Twenty Lakh.
4. (4) In addition to imposition of the penal fine under sub-section (3), for contravention of any provision of the Act, or rules made thereafter, the Committee may recommend to the appropriate regulatory authority for withdrawal of recognition and to the affiliating University for rejection of affiliation, as applicable.
5. (5) The penal fine under sub-section (3), may be imposed, without prejudice, over and above to the penalty specified in any other law, for the time being, in force.