Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006
No: 14 Dated: Oct, 26 2006
Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006
(Uttarakhand Act No. 14 of 2006)
An Act to provide for regulation of admission and determination of fee in professional educational institutions in the State of Uttarakhand and to provide for reservation of seats to persons belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes in the seats in professional educational institutions.
Be it enacted in the Fifty Seven year of the Republic of India by the Uttarakhand Legislative Assembly as follows:-
CHAPTER - I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006.
(2) It extends to the whole of Uttarakhand.
(3) It shall come into force at once.
2. Applicability. - This Act applies to Unaided private professional educational institutions affiliated to State Funded Universities, Councils, Boards or other bodies established under Law, excluding minority institutions.
3. Definitions. - In this Act, unless the context otherwise requires--
(a) "Admission and Fee Regulatory Committee" means the committee constituted by the State Government under section 4 for regulating the admissions, and determination and regulation of fee of private institutions excluding minority institutions;
(b) "Permanent residents of Uttarakhand" means permanent residents as defined by the Government of Uttarakhand from time to time;
(c) "Common Counseling" means the allotment of seats through a single window procedure to the candidates based on merit obtained in the Common Entrance Test and options given by the candidates;
(d) "Common Entrance Test" means the written test, conducted for determination of merit of the candidates for a particular professional course or combined test for more than one professional course;
(e) [***]
(f) "Fee" means all fees including tuition fee and development charges;
(g) "General Category Seats" means the seats other than the reserved seats;
(h) "Government" means the Government of Uttarakhand;
(i) "Government/Government Aided Professional Institution" means a professional institution established/ maintained or substantially owned by the State Government;
(j) "Governor" means Governor of the State of Uttarakhand;
(k) "Government seats" means such seats of private institutions as notified by the State Government;
Provided that such seats shall not exceed 50% of total seats in the course;
(l) "Management" means any person or body by whatever name called, managing or controlling the private institutions;
(m) "Minority" means community notified under clause (f) of section 2 of National Commission for Minority Educational Institutions Act 2004 (Act No 2 year 2005);
(mm) "Minority Institution" means any institution established and managed by any minority person after obtaining no objection under subsection 4 of section 10 of the National Commission for Minority Educational Institutions Act 2004 (Act No 2 year 2005) or any institution declared by authority established by State Government or National Commission for Minority Education Institution for this purpose;
(n) "Non-resident Indian" means a candidate born to a parent of Indian origin and residing outside the country and who has passed the qualifying equivalent examination outside India;
(o) "Other Backward Classes" means the backward classes of citizens specified in Schedule 1 of Uttarakhand the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (Adaptation and Modification) Order, 2001;
(p) "Private Institutions" means Unaided private professional higher educational institutions on which this Act applies;
(q) "Professional Educational Courses" means course(s) of study notified as "professional course (s)" for the purpose of this act by the State Government leading to the award of a Degree, Diploma or Certificate by whatever name called;
(r) [***]
(s) "Qualifying examination" means an examination as may be prescribed;
(t) "Reserved Seats" means the seats notified by the State Government as reserved in private institutions for Scheduled Castes, Scheduled Tribes and Other Backward Classes;
(u) "Sanctioned intake" means and implies the total number of seats sanctioned by the competent authority for admitting students in each course of study in a professional educational institution;
(v) "State Funded University" means a university established or incorporated by an Act of the State Legislature and funded by the State Government;
(w) "State Legislature" means Vidhan Sabha of Uttarakhand;
(x) "Unaided Institution" means a private professional educational institution, not being an aided institution or minority institution;
(y) "University" means a University so declared under Law;
(z) "Authority" means The Appellate Authority constituted by the State Government under section 12 of the Act;
(za) "Scheduled Caste" means any caste specified as Scheduled Caste with respect to the State of Uttarakhand under Article 341of the Constitution;
(zb) "Scheduled Tribe" means any tribe specified as scheduled tribe with respect to the State of Uttarakhand under Article 342 of the Constitution.