No: 16 Dated: Oct, 07 2008

THE HIMACHAL PRADESH PRIVATE TECHNICAL AND VOCATIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2008

(ACT NO. 16 OF 2008)

    An Act to provide for regulation of admission and fixation of fee in Private Technical Educational Institutions and Professional Technical Educational Institutions in the State of Himachal Pradesh and for the matters connected therewith or incidental thereto.

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-ninth Year of the Republic of India as follows:-

1. Short title, extent and commencement.- (1) This Act may be called the Himachal Pradesh Technical and Vocational Educational Institutions (Regulation of Admission and Fixation of Fee) Act , 2008.

(2) It extends to the whole of the State of Himachal Pradesh.

(3) It shall be deemed to have come into force on 30th of May, 2008.

2. Applicability.- This Act applies to,-

(a) The institutions deemed to be Universities, or Universities established under a State Act or constituent units thereto, other than those promoted and maintained by the Central Government; and imparting technical vocational or professional education; and

(b) The private aided or unaided technical, vocational or professional educational institutions affiliated to a University, which has been established under section 2(f) of the University Grants Commission Act,1956 (3 of 1956).

3. Definitions.- In this Act, unless the context otherwise requires,—

(a) “aided institution” means a Private Technical Institution, receiving financial aid or assistance in whole or in part from the Central or the State Government or from any Body, under the control of Central or the State Government disbursing grant- in- aid or financial assistance and shall include a minority institution;

(b) “common entrance test” means an entrance test for the purpose of admission to a technical or professional course conducted by an agency authorized by the State Government, by a notification published in the Official Gazette or, pending such notification, by the State Government;

(c) “fee” means all fee including tuition fee and development charges for various categories of admissions viz . open seats , management seats and Non-Resident Indian quota;

(d) “general category” shall mean and imply seats from out of the sanctioned intake of institution; not being seats in the management category, allocated to be filled by the State Government in the manner prescribed;

(e) “management category” shall mean and imply seats from out of the sanctioned intake allotted to the management of the institution for being filled by it in a fair and transparent manner, on the basis of the inter-se merit determined by a common entrance test;

(f) “technical or professional course” means any approved professional course in engineering, pharmacy, nonengineering or vocational courses or any other course of technical education which are recognized or approved under the respective Act governing that course;

(g) “Non-Resident Indian Student” means the wards of Indian citizens residing abroad and who have passed the qualifying examination from abroad;

(h) “notification” shall mean a notification published, under proper authority, in the Official Gazette;

(i) “Official Gazette” shall mean the Rajpatra of Himachal Pradesh;

(j) “private technical, vocational or professional educational institution” means an institution not established or promoted or run by the Central Government, the State Government or the Union Territory Administration or any agency or instrumentality of the Central or the State Government;

(k) “qualifying examination” means the minimum eligibility qualification or its equivalent prescribed by the concerned statutory authority for taking admission in first year/semester of the technical or professional course;

(l) “sanctioned intake” shall mean and imply the total number of seats sanctioned by the State Government for admitting students in each course of study in a private engineering or vocational institution;

(m) “State” means the State of Himachal Pradesh;

(n) “State Government” means the Government of Himachal Pradesh; and

(o) “unaided institution” means a private engineering or vocational institution, not being an aided institution.

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