Composition and functions of the Fee Structure Committee

(1) The Government shall constitute a committee to be known as Fee Structure Committee for determination of fee for admission to the private professional education institutions and sponsored institutions consisting of the following members nominated by it, namely :- (a) Vice-Chancellor, BPUT, who shall be the Chairperson; (b) The Secretary to Government, Industries Department or his representative not below the rank of Deputy Secretary. (c) The Secretary to Government, Finance Department or his representative not below the rank of Deputy Secretary; (d) The Secretary to Government, Health and Family Welfare Department or his representative not below the rank of Deputy Secretary; (e) The Secretary to Government, Higher Education Department or his representative not below the rank of Deputy Secretary; (f) A Chartered Accountant of repute nominated by the Government in consultation with the Chairperson; (g) A representative of either All India Council for Technical Education or the Medical Council of India, as the case may be, depending on the courses of study; (h) Director, Medical Education and Training; (i) Director, Technical Education and Training, Orissa who shall be the Member-Secretary; and (j) Two members from the Orissa Legislative Assembly be elected from among themselves. (2) The Chairperson of the Fee Structure Committee in a co-opt two persons out of whom one must be having experience in the field of education. (3) No person who is associated with any private professional educational institution shall be eligible for being a member of the Structure Committee. (4) A member of the Fee Structure Committee shall be removed if he does any act which, in the opinion of the Government, is unbecoming of a member of the Committee and the member so removed, shall not be renominated to the Committee : Provided that no such member shall be removed from the Committee without being given an opportunity of being heard. (5) The terms and conditions of service of the Chairperson and other Members of the Fee Structure Committee shall be such as may be prescribed. (6) The Fee Structure Committee shall have the power to - (a) require each private professional educational institution or sponsored institution to place before the Committee the proposed fee structure of such institution with all relevant documents and books of accounts for scrutiny well in advance of the commencement of the academic year which shall not be later than the 31st January of the previous academic year; (b) verify whether the fee proposed by each such institution is justified and it does not amount to profiteering or exploitative; and (c) approve the fee structure or determine some other fee which can be charged by the institutions ; Provided that, for the academic year 2007-2008 the date for placing the fee structure and documents as stated in clause (a) shall not be later than the 30th April, 2007. Explanation. - For the purpose of removal of doubt, it is declared that clause (a) shall apply to those sponsored institutions, where there is provision for conducting certain courses on self-financing basis. (7) The fee fixed by the Committee under Sub-section (6) after Government approval, shall be binding on such institution for a period of three years and the candidate who is admitted to such institution in that academic year shall pay the said fee and it shall not be revised till completion of the course of such candidate in such institution. (8) No such institution shall collect a fee amounting to more than one year's fee from a candidate in an academic year and collection of more than one year's fee in an academic year shall be construed as collection of capitation fee and such institution shall be liable to be proceeded against. (9) The Fee Structure Committee shall have the power to regulate its own procedure for discharge of its functions, and shall, for the purpose of making any enquiry under this Act, have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any witness and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses and for local inspections; and (e) any other matters which may be prescribed; (10) Every proceeding before such Committee shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the Indian Penal Code, 1860.