छत्तीसगढ़ गैर-अनुदान प्राप्त निजी व्यावसायिक शिक्षण संस्था में शुल्क के निर्धारण एवं प्रवेश तथा फीस विनियामक समिति के कार्यकरण, निर्बधन तथा शर्तो के लिए विनियम, 2019 संबंधी

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NOTIFICATION

No. r - q-t 612007lr.i.t+2.-In exercise of the powers conferred by Section ¹³ of the chhattisgarh Niji vyavsayik Shikshan Sanstha (Pravesh Ka viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2008 (No' ¹¹ of 2008), the State Government' hereby, makes the following regulations relating to the fixation of fee in a private unaided Professional Educational Institutions and working process, terms and conditions of the admission and Fee Regulatory Committee, namely:-

REGULATION

1. short titte and commencement.- (¹) These regulations shall be called the chhattisgarh Regulation for Fixation of Fee in Private unaided Professional Educational Institutions and working process, Terms and conditions of the Admission and Fee Regulatory committee Regulations, 2019'

(z)Itshallcomeintoforcefromthedateofitspublicationintheofficial Gazette.

2. Definitions.- (1) In these regulations unless the context otherwise requires'- (a) ,,Act" means the chhattisgarh Niji vyavsayik shikshan Sanstha (Pravesh ka viniyaman avam shulk ka Nirdharan) Adhiniyam 2008 (No. 11 of 2008);

(b) "Admission and Fee Regutatory committee" means the CommitteeconstitutedbythestateGovernmentundertheprovisions oftheActforthesupervisionandguidanceofadmissionprocessand

ls34 (11)

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for the fixation of fee to be charged from candidates seeking admission in a professional Education institution;

(c) "Fee" means all fees including tuition fee and development charges.

(2) The words and expressions used but not defined in these regulation shall have the same meaning as assigned to them in the Act.

3. Applicability.- These regulations shall be applicable to professional educational institutions covered under the Act.

4. Criteria for fixation of Fee.- The Committee shall prescribe the fee in the manner after considering the following factors :-

(a) The location of the private unaided professional educational institution.

(b)The nature of the professional course.

(c) The cost of land and building.

(d)The available infrastructure, teaching, non teaching staff and equipments.

(e) The expenditure on administration and maintenance. (0 A reasonable surplus required for the growth and development of the professional institution.

(g)Any other relevant factor.

Provided that the Committee may also decide for providing incentive to the accredited course or Quality Certification like ISO: ⁹⁰⁰² etc. or weightage for backward/under developed area for promoting professional educational institutions in these areas.

5. Procedure for fixation of fee.- (¹) At the beginning of each calendar year, preferably in the month of January, the committee shall publish an advertisement inviting by the date specified by it, from the professional educational institutions, their proposals with regard to determination of fee for the ensuing academic session. Provided that if private professional educational institution secures permission from appropriate authority after the aforesaid dates as specif,red by the committee, it shall be required to approach and submit its proposal to the committee for fixing its interim fee within one month from the dated of securing such permission and in such case, its final fee structure shall be fixed by the committee later as per procedure laid down by the committee, in this behalf.

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(2) The private unaided professional educational institution shall be called upon to submit their proposal as provided in sub-regulation (1) above in the proforma prescribed by the committee, by the date to be specified in the advertisement by the committee. Provided that if an institution runs more than one course, such institution shall be required to submit separate proposal for each of the course run and conducted by the said institution. (3) The proposal by the institution in the proforma prescribed by the committee, shall be accompanied with the following documents:-

(i) The authorizatiotlpermission letter issued by the regulatory body; (ii) Documents and information relating to society and its bye-laws; (iii) Copy of Project Report for starting the professional educational institutions;

(iu) The physical infrastructure facilities available by the atea earmarked for the institution, its title, ownership, the buildings stating the number of classrooms the administrative block room, indoor games(if any) playgrounds, laboratories, generals utilities etc. together with the site (u) ittil;" Facilities: number of books subject wise, faculty wise and for general reading;

(vi) Reading rooms facilities: number of dailies , weeklies, monthly magazines, perio di cal profe s sional magazine and literature subscribed in the institution;

(vii) Laboratory facilities: Information regarding equipments and instruments available and in the laboratory;

(viii)Teaching Faculty and Non-teaching supporting staff: Number and names of professors, Associate Professor, Assistant Professor in junior, senior and selection scale (to be indicated separately) with their educational qualifications and biodat a, pay and allowances and total emoluments with PAN and Aadhar No'

(i*) Tie up, if any with a state enterprise public/corporate body engaged in production of items similar to the education proposed to be imparted by the institution.

(x) Financialstanding:

(a) Proposed budget of the institution for a year; (b) Amount required for annual maintenance of infrastructure; (c) Amount required for growth, development and upgradation of laboratories;

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(d) Deposits- Both fixed and current deposits in the name of the professional educational institution, along with the names of financial institutions and names of Banks;

(e) Sources of funding; and (0 Loans: if any, taken:

(a) F-rom the bank,

(b) Other financial institutions (c) Any other sources

Specifying the terms and conditions under which the loan Was granted and also specifyi.tg interest payable there on.

(xi) Balance sheet and Income and Expenditure accounts of the institution from the date of inception duly authenticated by a Chartered Accountant.

(xii) The balance sheet and accounts, as submitted to the Income Tax department. Relating to the concemed period'

(xiii) Such other documents, as may be asked for by the committee, from time to time.

(a) The documents and the proposal as above shall be supported by an affidavits worn by authorized person on behalf of the institution.

(5) Committee adhering to the settled principle of accounts shall evolve its own procedure for fixation of its fee and will accord an opportunity of hearing to the institution, before fixing its fee structure, for one or more courses conducted or run by the institution.

(6) The institution along with their proposal for fixation of fee for each course shall be required to pay in the manner as directed by the committee, the processing fee as may be prescribed by the committee from time to time.

(7) Inspection of institutions and Constitution of Inspection Team:-

(i) The committee, after it receives the fee proposal, may in its discretion and if it deems fit, inspect the institution itself or constitute an inspection team so as to inter-alia make spot assessment and verification of the facts and particulars stated by the institution in its proposal.

(ii)For the purposes of carrying out inspection, the committee may constitute a team to be called "Inspection Team" which would preferably and as far as possible would be constituted as below:-

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(a) The team may be accompanied by an eminent educationalist preferably of the rank of Professor of the University or College in the relevant course for which fee fixation is sought by the institution, to be nominated by the Chairman of the committee, from the panel approved by the committee and he shall act as a head.

(b) A Member Finance/chartered Accountant of repute, well versed with audit of accounts of educational institutions, to be nominated by the Chairman of the committee from the panel approved by the committee, shall be a member to the committee.

(c) An officer from the committee's secretariat, to be nominated by the Chairman of the committee, who shall act as Member Secretary of the insPection team.

(d) Such other member/members as may be considered appropriate and appointed bY the committee.

6. Working of Inspection Committee.- (1) The inspection team may call for such record from the institution, as it considers necessary by requisition in writing and such requisition shall be treated as if it was issued by the committee.

(2) The inspection team may also record its opinion, oral/written evidence of such persons who may be aware of the affairs of or relating to the institution. The oral evidence shall be recorded by the inspection team and shall be submitted along with its report to the committee.

(3) The association of teachers/ students may be permitted by the Inspection team making counter submission before it. An opportunity of being heard to such association may also be granted by the Inspection team.

(4) After completion of inspection, the inspection team shall submit its report to the Secretariat of committee through the Secretary/OsD of AFRC, who shall submit the same along with his note to the AFRC.

(5) The Chairman, if he consider necessary, ffi&y order that the report of the Inspection team and the documents submitted along with it may be verified by the C.A. or Member Finance of AFRC appointed by the committee for the purpose.

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(6) After consideration. of report of the Inspection team along with documents submitted therewith and the verification report of the C.A. or Member Finance of AFRC as also the note submitted by the committee secretariat, the committee shall then decide as to what fee can be justifiably fixed for the institute, for the course/courses, conducted by it.

(7) The committee shall have authority to fix such fee of the private unaided professional institute as it deems fit, who do not submit proposal for fixation of fee, as per the procedure laid down above'

7. Appointment of Chartered Accountant for checking data information of the Institution, Inspection team etc.- (1) The committee may appoint c.A. or Member finance A.F.R.C. for checking the various datalinformation furnished by the institution.

(2) The C.A. or Member Finance of AFRC so appointed shall check the correctness of the data information furnished by the institution with reference to the documents submitted by them as well as audit report submitted therewith as also the accounts of the Trust/Society running the institution, also taking into consideration documents submitted by the institution along with its proposal and also such other documents or material as the committee may direct or the CA may consider necessary after seeking approval of the committee.

(3) To clarify, the C.A. or Member Finance of AFRC shall give emphasis to the appointment of the common cost incurred by the Society/Trust running more than one institution. Irregularity, discrepancy or omissions if any, found on the basis of scrutiny of the informationldataldocuments submitted by the institution, shall be clearly stated in the report of the C.A. or Member Finance of AFRC.

(a) on receiving the reporl of the c.A. or Member Finance of AFRC the committee frdy, in its discretion draw the attention of the concerned Institution /Society/Trust towards irregularities, discrepancies or otherwise noticed by the committee and may ask such institution to submit its representation in respect thereof. Further that if the committee is of the opinion that the irregularities, discrepancies or omissions are of such nature or magnitude which goes to vitiate the whole process of fee fixation, it may reject the proposal of the institution and fix the fee as it considers necessary, besides taking penal action against such Society/Trust/Institution, including prosecution.

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8. Fixation of Fees and Other Charges.- (¹) The committee, on consideration of the proposal, documents by the institutions and the report of the C.A' or Member Finance of AFRC etc. as referred above, shall determine the fee chargeable by an institution, keeping in view the provisions of the Act' The fee fixed by the committee shall have the following components:-

(a) Tuition fee; (b) Growth and develoPment fee;

(c) Registration fee; (d) Contribution from book bank;

(e) Bus fee/charges;

(f) Training and entrepreneurship development career guidance and placement cell;

(g) Medical insurance fee;

(h) SPorts fee; (i) Fee for cultural activities; fi) IdentitY and LibrarY card fee; (k) Hostel Room rent (only for hostellers); (1) Mess charges (only for hostellers); (m) Caution money for the entire course; (n) University fee shall be applicable as decided by the concerning UniversitY from time to time;

(o) Any other fee considered reasonable by the Committee.

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years, but in event of circumstances like exceptional pay revision, change in govemment policy, Institution can apply a fresh stating the reasons' The fee so determined shall be applicable to a candidate who is admitted to an institution in that academic year and shall normally not be revised till the completion of his/her course in the said institution.

9. Charging of Capitation Fees.- Notwithstanding anything contained in any law for the time being in force, no capitation fee shall be demanded or collected by or on behalf of any educational institution or by any person who is incharge of or is responsible for, the management for such institution from or in relation to any student in consideration of his/her admission to and prosecution of any course of study or his/her promotion to a higher standard or class in such institution.

10. Redressal of complaints and penal/disciplinary action.- The committee may hear complaints with regard to admission in contravention of the provisions contained herein, collecting of capitation fee or fee in excess of fee determined and on proof of any violation of the provisions for admission or collection of capitation fee etc. on the part of the professional colleges or institution, it shall make appropriate recommendations for returning any excess amount collected to the person concerned and may also recommend to the Government to impose a fine up to rupees ten lakhs and the Government may on receipt of such recommendation, impose the fine and collect the same or decide any other course of action, as it deem fit. The amount of fine so imposed together with interest thereon shall be recovered, as if it is arrears of land revenue'

I i. Working terms and condition of the committee.- (1) The Chairperson and members of the committee shall be entitled to salary/honorarium, perquisites, privileges etc., (as determined by the State Government) shall be as follows:-

(a) Chairpefson of the committee shall be entitled for the pay, dearness allowance and compensatory allowances of the post occupied prior to retirement (minus pension received);

(b) chairperson shall be entitled for the rented house at par the office bearers equivalent to his/her post;

(c) The non-government member of AFRC shall be entitled for consolidated pay per month as prescribed by the government and the retired government servant sha¹l be entitled for the pay of the post occupied prior to retirement (minus pension received);

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(d) Members of the committee shall be entitled for the rented house atpar the office bearers equivalent to his/her post;

(e) Chairperson shall be entitled for a vehicle with driver and a peon;

(fl The member of the committee as and when it is required shall be entitled for vehicle (Taxi) as per the norms from time to time prescribed by finance dePartment;

(g) Chairperson shall be entitled for telephone facility in office and residence. The expenditure limit on telephone facility shall be fixed as per the level of the post and as per norms prescribed by the Govemment.

(2) The Committee may frame its own procedure to transact its business.

(3) Committee shall decide procedure for receiving processing /inspection fee for processing the fee fixation process. T'he fee may be used for various activities of the committee.

(4) Committee shall meet in the time limit as decided by the Chairman.

(5) The procedure for fixation of fees shall be adopted under the direction of Chairman in accordance with regulation.

(6) The Secretariat of AFRC shall work in the Administrative control of the Director, Diretctorate of Technical Education, Chhattisgarh. (7) The Chairman shall perform all other necessary work in the interest of the Committee.

lZ. Conduct.- (1) The member of the committee shall be present in every periodical meeting. The minimum Quorum for the proceedings before the committee sha1l be presence of three members out of five.

(2) Members of the committee or inspection team shall not contact directly with the Principal or Head of institution to be inspected.

(3) Member of the committee or inspection team shall not inspect the college where their relatives are working or teaching.

(4) Member of the committee or inspection team shall not receive any benefit from the institution to be inspected (in cash or kind).

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13. lnterpretation.- If any question arises relating to the interpretation of these regulations, it shall be referred to state Government whose decision there on shall be final.

14. Jurisdiction.- In case of any dispute the jurisdiction shall be limited to the courts constituted and situated in Chhattisgarh'

By order and in the name ofthe Governor of Chhattisgarh'

NAMRATA GANDHI, DePutY SecretarY' €qrilm, {iMdqrAeqqrcrn, Bilsirqamrnuffugrn-au, T{rrrqgi wec{irntgBaaurofin - zotr.