Kerala Gazette No. 22 dated 6th November 2012.
PART II
SECRETARIAT OF THE KERALA LEGISLATURE
NOTIFICATION
No. 5152/Legn. 3/2012/Leg. Dated, Thiruvananthapuram, 6th November 2012.
The Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Amendment Bill, 2012 together with the Statement of Object and Reasons and the Financial Memorandum is published, under Rule 69 of the Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly.
P. K. MURALEEDHARAN,
Secretary-in-charge,
Legislative Assembly.
2Thirteenth Kerala Legislative Assembly
Bill No. 146
THE KERALA PROFESSIONAL COLLEGES OR INSTITUTIONS (PROHIBITION OF CAPITATION FEE, REGULATION OF ADMISSION, FIXATION OF NON-EXPLOITATIVE FEE AND OTHER MEASURES TO ENSURE EQUITY AND EXCELLENCE IN PROFESSIONAL EDUCATION) AMENDMENT BILL, 2012
A
BILL
further to amend the Kerala Professional Colleges or Institutions (Prohibition
of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative
Fee and Other Measures to Ensure Equity and Excellence in Professional
Education) Act, 2006.
Preamble.—WHEREAS, it is expedient further to amend the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 for the purposes hereinafter appearing;
BE it enacted in the Sixty-third Year of the Republic of India, as follows:—
1. Short title and commencement.—(1) This Act may be called the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Amendment Act, 2012.
(2) It shall come into force at once.
2. Amendment of Section 4.—After sub-section (8) of section 4 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 (19 of 2006), the following sub-sections shall be inserted, namely:—
"(8A) The Admission Supervisory Committee may, in respect of the matters with which it has power to make recommendation or declaration under sub-section (7) or recommendation under sub-section (8), before making such recommendation or declaration, pass such orders or directions as it may deem just and proper for the purpose of doing justice in the matters before it, if immediate remedial measures are required.
3(8B) The Admission Supervisory Committee may, if it is satisfied that there is non-compliance of any of its order or direction made under provisions of sub-section (8A), refer the matter to the Government or to the University, along with the recommendation or declaration, as the case may be, as provided under sub-section (7) or sub-section (8).".
STATEMENT OF OBJECTS AND REASONS
The Admission Supervisory Committee constituted under section 4 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 (19 of 2006) has been entrusted with the power to supervise and guide the entire process of admission of students to unaided Professional Colleges or Institutions with a view to ensure that the process is fair, transparent, merit based and non-exploitative. As a necessary corollary to the power, where there is any violation of the provision for admission the Committee has been given the power under sub-section (7) of section 4 of the Act to make appropriate recommendation to the Government/the University, and declare an admission invalid if it de-hors merit. So also under sub-section (8) thereof where there is violation of any of the provisions of the Act, the Committee can make recommendation to the University or statutory body for withdrawal of affiliation or recognition of the college or institution concerned. However, there is no provision in the Act empowering the Committee to pass appropriate directions or orders in respect of a matter with which it has power to make recommendation or declaration. In the absence of such a power, the power of supervision already conferred upon the Committee under sub-section (7) and (8) of section 4 would be an empty formality. The Government has, therefore, decided to amend the Act to empower the Committee to pass appropriate orders or directions on matters with respect to which it has power to make recommendations or declaration.
2. The Bill is intended to achieve the above objects.
FINANCIAL MEMORANDUM
The Bill, if enacted and brought into operation, would not involve any expenditure from the Consolidated Fund of the State.
P. K. ABDU RABB.