Chapter I PRELIMINARY

Short title, 1.

1. (1) This Act may be called the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha commencement (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007.
2. (2) It extends to the whole of Madhya Pradesh.
3. (3) It shall come into force from the date of its publication in the Official Gazette.

Application. 2. This Act applies to,—

1. (a) institutions deemed to be universities, or constituted units thereto, imparting professional education, other than those promoted and maintained by the Central or State Government; and
2. (b) the private unaided professional educational institutions affiliated to a university established under the Central or Madhya Pradesh Act.

Definitions. 3. In this Act, unless the context otherwise requires,—

1. (a) "appropriate authority” means a Central or State authority established by the Central or the State Government for laying down norms and conditions for ensuring standards of professional education;
2. (b) "capitation fees” means any amount by whatever name called whether in cash or in kind paid or collected or received directly or indirectly in addition to the fees determined under this Act;
3. (c) "Committee” means the Admission and Fee Regulatory Committee constituted under section 4;
4. (d) "common entrance test” means an entrance test, conducted for determination of merit of the candidates followed by centralized counseling for the purpose of merit based admission to professional colleges or institutions through a single window procedure by the State Government or by any agency authorized by it;
5. (e) "fee” means all fee including tuition fee and development charges;
6. (f) "foreign candidate" means a person holding a foreign passport seeking admission in a deemed university imparting professional education or in a private unaided professional institution in Madhya Pradesh;
7. (g) "management" means any person or body, by whatever name called, managing and controlling the private unaided professional educational institution;
8. (h) "minority" means a minority defined under section 2(f) of the National Commission for Minority Educational Institution Act, 2004 (2 of 2005);
   • (i) "minority institution" means an institution imparting professional education, established and administrated by a minority;
9. (j) "non-resident Indian" shall have the same meaning as assigned to it in clause (e) of section 115C of the Income-tax Act, 1961 (43 of 1961);
10. (k) "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide Notification No. F85-XXV-4-84, dated the 26th December, 1984 as amended from time to time;
11. (l) "private unaided professional educational institution" means a professional educational institution which is not receiving recurring financial aid or grant-in-aid from any State or Central Government and which is not established or maintained by the Central Government, the State Government or any public body;
12. (m) "professional course" means a course of study notified as a professional course by the appropriate authority, such as a degree, diploma or certificate by whatever name called;
13. (n) "professional educational institution" means a college or a school or an institute by whatever name called, imparting professional education, affiliated to a State University, including a private university established or incorporated by an Act of the State Legislature or constituent unit of a deemed to be university under section 3 of the University Grants Commission Act, 1956 (3 of 1956) and approved or recognized by the competent statutory body regulating professional education;
14. (o) "reserved seats" means the seats reserved in favour of persons belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes as may be notified by the State Government;
15. (p) "sanctioned intake" means and implies the total number of seats sanctioned by an appropriate authority and notified by the State Government for admitting students in each course of study in a professional institution;
16. (q) "Scheduled Castes" means any caste, race or tribe or part of or group within caste, race or tribe specified as Scheduled Castes with respect to the State of Madhya Pradesh under article 341 of the Constitution;
17. (r) "Scheduled Tribes" means any tribe or tribal community or part of, or group within such tribe or tribal community specified as Scheduled Tribes with respect to the State, of Madhya Pradesh under article 342 of the Constitution.