The Jharkhand Professional Educational Institutions (Fee Regulation) Act, 2025

1. (i) This Act may be called the Jharkhand Professional Educational Institutions (Regulation of Fee) Act, 2025 Short title, extent, commencement, and application
2. (ii) It shall extend to the whole of the State of Jharkhand
3. (iii) It shall come into force from the date of its notification in the Jharkhand Gazette
4. (iv) It shall apply to all Higher EducationalInstitutions offering professional educational courses in the State of Jharkhand

In the Act, unless the context otherwise requires, -

1. (1) “Academic Year” means the period of twelve months commencing generally on or after the 1st day of June every year;
2. (2) “All India Council for Technical Education” means the Council established by the All India Council of Technical for Technical Education Act, 1987;
3. (3) “Capitation Fee” means any amount, by whatever nomenclature it be called, whether in cash or in kind, paid or collected, received directly or indirectly from a student enrolled for professional educational courses in Higher Education Institutions, in addition to the fee determined under this Act;
4. (4) “Fee” means all fees including tuition fee and development fee, as determined and notified by the Fee Regulation Committee;
5. (5) “Fee Regulation Committee” or “Committee” means the Committee constituted under Section 3 of this Act for regulation of fee for admission to professional education courses in Higher Educational Institutions;
6. (6) “Government” means the Government of Jharkhand;
7. (7) “Higher Educational Institution” means a college or a school or an institute by whatever name called, imparting professional education courses, affiliated to a State University;or a private University established or incorporated by an Act of the State Legislature; or constituent unit of anInstitutedeemed to be University under Section 3 of the University Grants Commission Act, 1956 ( Act 3 of 1956); and approved or recognized by the appropriate and competent Regulatory Authority; or any other institution as notified by the Government;
8. (8) "Indian Council of Agricultural Research" means the council established as an autonomous organisation under the Department of Agricultural Research and Education (DARE), Ministry of Agriculture and Farmers Welfare, Government of India;
9. (9) “Management” includes the managing committee or any person, body of persons, committee or any other governing body, by whatever name called, in whom the power to manage or administer the affairs of an educational institution is vested; Provided that the Board of Trustees or governing body of a Wakf Board, by whatever name called, constituted or appointed under any law of the time being in force relating to charitable and religious institutions and endowments and Wakfs shall be deemed to be a management for the purposes of this Act;
10. (10) “National Medical Commission” means the Commission established by the National Medical Commission Act, 2019;
11. (11) “Non-resident Indian” means a student born to a parent of Indian Origin and residing outside India;
12. (12) “Prescribed” means prescribed by the rules made under this Act
13. (13) “Professional education courses” means, -
    • (i) Bachelor of Medicine and Bachelor of Surgery;
    • (ii) Bachelor of Dental Surgery;
    • (iii) Bachelor of Ayurvedic Medicine and Surgery;
    • (iv) Bachelor of Unani Medicine and Surgery;
    • (v) Bachelor of Naturopathy and Yoga;
    • (vi) Bachelor of Homeopathic Medicine and Surgery;
    • (vii) Bachelor of Engineering;
    • (viii) Bachelor of Technology;
    • (ix) Bachelor of Architecture;
    • (x) Bachelor of Pharmacy;
    • (xi) Bachelor in Hotel Management and Catering Technology;
    • (xii) Bachelor of Science in Nursing;
    • (xiii) Bachelor of Science in Agriculture;
    • (xiv) Bachelor in Business Administration;
    • (xv) Bachelor of Legislative Law / Bachelor of Law (LLB);
    • (xvi) Bachelor of Education;
    • (xvii) All master’s degree courses in Medical Stream; (xviii) Master of Pharmacy;
    • (xix) Master of Engineering;
    • (xx) Master of Technology;
    • (xxi) Master of Architecture;
    • (xxii) Master of Science in Nursing; (xxiii) Master of Business Administration;
    • (xxiv) Master of Legislative Law / Master of Law (LLB);
    • (xxv) Master of Education;
    • (xxvi) Master of Science in Agriculture, and (xxvii) Any other courseat the level of diplomaor undergraduate or postgraduate or doctoral or post doctoral level as may be declared by the Fee Regulation Committee, by notification, from time to time;
14. (14) “Regulatory Authority” means any statutory State or Central Regulatory Authority set up for the purposeof regulating Higher Education under any Act or Rules for the time being in force;
15. (15) “State University” means any University declared to be a State University under any Act of the Government;
16. (16) “Student” means person enrolled in the Higher Educational Institution for pursuing a professional education course for the award of a degree / diploma / certificate or other academic qualification;
17. (17) “Private University” means a University established or incorporated by an Act of the Government and its name enumerated in the Consolidated List of Private Universities released by the Universities Grants Commission.

1. (1) The Government shall constitute a Committee called the Fee Regulation Committee to regulate the fee for professional education courses in Higher Educational institutions. The composition of the Committee shall be as follows: - Constitution and Composition of the Committee
   • (i) a retired judge of the High Court of Jharkhand recommended by the Chief Justice of the High Court of Jharkhand Chairperson
   • (ii) Vice Chancellor of any State University nominated by the Secretary to the Government, Department of Higher and Technical Education Vice Chairperson
   • (iii) a Chartered Accountant of repute nominated by the Chairperson Member
   • (iv) a nominated representative of the National Medical Commission for professional courses related to Medical, Dental and Nursing Streams or a nominated representative of the All India Council for Technical Educationfor professional courses related to Engineering and Management Streams or a nominated representative of the Indian Council of Agricultural Research for professional courses related to Agriculture Streams or an eminent academician nominated by the Chairperson for professional courses related to any stream other than the above mentioned streams Member
   • (v) Secretary to the Government, Department of Higher and Technical Education or Secretary to the Government, Department of Health, Medical Education and Family Welfare or Secretary to the Government, Department of Agriculture, Animal Husbandry & Co-operative (depending on the type of professional course) Ex-officio Member Secretary
2. (2) All members of the Committee must be of unimpeachable integrity and of undoubted eminence in their fields.
3. (3) The Chairperson shall be appointed for a period of two years, further extendable for a maximum period of one year, or until he or she attains the age of 67 years, whichever is earlier.
4. (4) The Chartered Accountant shall be nominated by the Chairperson based on the norms and proceduresas prescribed in the rules and shallhold office at the will of the Chairperson.
5. (5) The term of the Chartered Accountant shall be co-terminus with the term of the Chairperson.
6. (6) The Chairperson of the Fee Regulation Committee shall not concurrently hold any other office of the Government of Jharkhand or Government of India.
7. (7) The nominated members of the Fee Regulation Committee as mentioned in sub-section
   • (i) and
   • (iii) of this section shall be nominated for period of 03 years; or till they hold office, whichever is earlier.
8. (8) The quorum for the meetings of the Committee shall be set at one-half of the members present.
9. (9) The Department of Higher and Technical Education, Government of Jharkhand shall provide secretarial support to the Fee Regulation Committee.
10. (10) The Government, shall preferably, within 3 months from the enactment of this Act, notify the constitution of the Fee Regulation Committee, for wide circulation and knowledge.

1. (1) The Chairperson shall be appointed by the Government on recommendation of the Chief Justice of the High Court of Jharkhand.
2. (2) No member of the Committee who is associated with any private higher educational institution shall be eligible for being a member of the Fee Regulation Committee.
3. (3) The Chairperson may resign from his/her position by submitting appropriate communication to the Government and the Chief Justice of the High Court of Jharkhand.
4. (4) In case, the Government accepts the resignation of the Chairperson, a suitable replacement shall be nominated by the Chief Justice of the High Court of Jharkhand, preferably within a maximum period of 02 months from the resignation acceptance date of the incumbent Chairperson by the Government.

1. (1) In the event of the occurrence of a vacancy in the office of the Chairperson by the reason of his / her death, resignation or otherwise, the Government shall appoint the Chairperson, in accordance with the provision of this Act, preferably within 03 months from the date of its vacancy.
2. (2) If the Chairperson is unable to discharge his / her functions owing to absence, illness, or any other cause, the Vice Chairperson, with the prior approval of the State Government, shall discharge the functions of the Chairperson till he/she assumes the charge of the duties.

1. (1) Any member of the Fee Regulation Committee, may by a notice in writing, addressed to the Government, resign from its position.
2. (2) The Government, if it deems fit, may by an order published in the State Gazette, remove any member including the Chairperson from its office, on grounds of public interest.
3. (3) No member shall be removed from the office without giving such member an opportunity to defend.

1. (1) The salaries, sitting fees and allowances of the Chairperson and non-ex-officio members of the Fee Regulation Committee shall be as determined by the Government from time to time as prescribed in the rules.

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.

1. (1) The State Government may, after due appropriation by the State Legislature, may make grants to the committee in each financial year such sums as it considers necessary for the performance of functions under this Act.
2. (2) The Committee shall have its own Fund; and all sums which may from time to time be paid to it by the Government and all the receipts of the Committee shall be credited to the Fund and all payments by the Committee shall be made there from.
3. (3) The Committee may spend such sums as it deems fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Committee.
4. (4) The Committee shall prepare, in such form and at such time, each year as may be prescribed, a budget in respect of the ensuing financial year, showing the estimated receipts and expenditure, copies thereof shall be forwarded to the Government.
5. (5) The Committee shall maintain its Fund in account in any Scheduled Commercial Bank authorized to hold Government funds in such manner as it deems fit.
6. (6) The accounts of the Committee shall be audited annually by the Office of the Comptroller and Auditor General of India or an auditor appointed by the Government.
7. (7) The annual accounts of the Committee together with the audit report thereon shall be forwarded to the Government, which may, lay the same before the State Legislature and may forward a copy of the audit report to the Committee for taking suitable action on the matter arising out of the audit report.
8. (8) The Committee, as soon as, may be, after the end of each financial year, prepare and submit to the Government, before such date and time as may be prescribed, a report giving an account of its activities during the previous financial year and the State Government, shall place, every such report, before the State Legislature, as soon as, may be, after its receipt.

1. (1) The Chairperson and all the member of the committee established under this Act, when acting or purporting to act in pursuance of any provisions of this Act, or rules made or directions issued thereafter shall be deemed to be public servants within the meaning of Section 2
2. (28) of the Bharatiya Nyaya Sanhita, 2023.

1. (1) No suit, prosecution, or other legal proceedings shall lie against the committee or Chairperson or any member in respect of anything done or intended to be done in good faith, or any contract of any kind entered into by the Committee in good faith in pursuance of this Act, or the rules made, or directions issued thereunder.

1. (1) The Government may give such directions to any Higher Educational Institution as in its opinion is necessary or expedient for carrying out the provisions contained therein or any rules or directions issued thereunder and the management of such Higher Educational Institution shall comply with every such direction. Power of the Government to issue directions
2. (2) The Government may also give such directions to the officers or authorities under its control as in its opinion are necessary or expedient for carrying out the purposes of this Act, and it shall be the duty of such officer or authority to comply with such directions.
3. (3) The Government shall be empowered to seek a review of any of the directions or orders of the Committee, for reasons to be recorded in writing.

1. (1) The provisions of this Act shall have the effect, notwithstanding anything inconsistent therewith, contained in any other law, for the time being in force. Act to override other laws

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make provisions not inconsistent with the provisions of this Act, as appear to it to be necessary for the purpose of removing the difficulty. Power to remove difficulties

1. (1) The Government may, by notification published in the Official Gazette, make rules for carrying out the provisions of this Act prospectively or retrospectively for carrying out the purposes of this Act. Power to make rules
2. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely : -
   • (i) procedure to be followed by the members of the Committee in the discharge of their functions;
   • (ii) the form and manner in which accounts shall be maintained by the Committee under Section 12 of this Act;
   • (iii) Salaries and Allowances of the Chairperson and other Committee members;
   • (iv) such other matters as may be required for proper functioning of the Committee.
3. (3) Every rule made under this act shall have effect as if enacted in this Act.