Chapter III AUTHORITIES

The Government may, by notification in the Official Gazette, appoint an officer holding the post not below the rank of Deputy Director to be the Competent Authority for the purposes of this Act and different officers may be appointed for different Educational Institutions and for different programmes or courses of study.

1. (1) If the Competent Authority, on the basis of any complaint filed before him or otherwise, is satisfied that any Educational Institution is established or any programme or course of study is introduced or conducted in contravention of the provisions of sub-section (1) or (2) of section 3, he may, by order, direct the closure of such Educational Institution or programme or course of study, with immediate effect : Provided that, the Competent Authority shall, before passing any such order, give the concerned person or Educational Institution, a reasonable opportunity of being heard.
2. (2) While directing the closure of unauthorized institution or unauthorized programme or course of study under sub-section (1), the Competent Authority may direct the Institution and the persons in charge of the management of such Institution or programme or course, to return to the students who have taken admission therein, the fees and other sums or charges paid for the purpose of the admission.
3. (3) The Competent Authority shall also publish or cause to be published the names of the unauthorized institutions or programmes or courses of study in local newspapers having wide circulation and also by such other means including electronic media, as he may deem fit, so that the general public or students may avoid taking of admission in such Institutions or programmes or courses of study.
4. (4) In addition to the order for closure of unauthorized institutions or programmes or courses of study under sub-section (1), the Competent Authority may impose upon the institution and any other person in charge of the management of such institution or programme or course of study which is an unauthorized institution or which offers unauthorized programme or course, a penalty which shall not be less than one lakh rupees but which may extend to five lakhs rupees.
5. (5) The Competent Authority may exercise such other powers and perform such other functions as may be prescribed.
6. (6) The procedure to be followed by the Competent Authority for exercising his powers and discharging his functions under the Act shall be such as may be prescribed.

The Government may, by notification in the Official Gazette, appoint an officer not below the rank of Deputy Secretary to Government, to be the Appellate Authority for the purposes of this Act and different officers may be appointed for different Educational Institutions, programmes or courses of study.

1. (1) Any person or an Educational Institution aggrieved by an order of the Competent Authority may, within the period of fifteen days from the date of the order of the Competent Authority, prefer an appeal before the Appellate Authority : Provided that, the Appellate Authority may condone the delay in filing the appeal beyond the said period of fifteen days, if he is satisfied that, the appellant was prevented from filing the appeal due to circumstances beyond his control.
2. (2) The procedure to be followed by the Appellate Authority in deciding the appeal shall be such as may be prescribed.
3. (3) Every order or decision of the Appellate Authority in appeal shall be final.