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.

Kerala Gazette No. 22 dated 6th November 2012.

PART II

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Thirteenth 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.

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(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.