Bare ActsThe KERALA MEDICAL EDUCATION (REGULATION AND CONTROL OF ADMISSION TO PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS) ACT, 2017

Section 8A

Powers and functions of the [Fee Regulatory Committee].--

Amendment status not verified — confirm the current text below against the official source.

(1) The [Fee Regulatory Committee] shall exercise the following powers and perform the following functions, namely:-- (a) require a private medical educational institution to furnish, within a specified date, information, documents or records as may be necessary for enabling the [Fee Regulatory Committee] to determine the fee that may be charged by the institution in respect of each medical course [x x x x] [(b) x x x x] [(c) x x x x] (2) The [Fee Regulatory Committee] shall, for the purpose of making any enquiry under this Act, have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while trying a suit in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any witness and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses and for local inspections. (3) The fee determined by the [Fee Regulatory Committee] shall be applicable to a student who is admitted to a private medical educational institution in that academic year and shall not be revised till the completion of his course in the said institution or University. No private medical educational institution shall collect a fee amounting to more than one year's fee from a student in an academic year. Collection of more than one year's fee in an academic year shall be construed as collecting of capitation fee and shall be liable to be proceeded against. (4) The [Fee Regulatory Committee] may, if it is satisfied that there has been any violation by such institution of the provisions of this Act or the rules made thereunder regarding [x x x x] fees, it may recommend to the Government to take the following actions against such institution, namely:-- (a) impose a monetary fine up to ten lakh rupees on the institution together with interest thereon at the rate of twelve per cent per annum which shall be recovered as if it were an arrear of public revenue due on land; [(b) x x x x] [(b)] order the institution to refund to the student within such time as specified in the order, any amount received by the institution in excess of the fees fixed by the [Fee Regulatory Committee] or any amount received by way of capitation fee or any amount received for profiteering: Provided that if the institution fails to refund the amount within the specified time to the student, the same shall be recoverable along with interest thereon at the rate of twelve per cent per annum as if it were an arrear of public revenue due on land and paid to the student; [(d) x x x x] [(c)] recommend to the University or the appropriate authority to withdraw the recognition of the institution; [(d)] any other course of action, as it deems fit. [(5) Before recommending to the Government to initiate actions under sub- section (4) the institutions shall be given a reasonable opportunity of being heard.] Renumbered by Notification No. 4573/Leg.H1/2019/Law dt. 28/06/2019 in K. G. Ext. No. 1426 dt. 28/06/2019 (Act 4 of 2019). Substituted by Notification No. 4573/Leg.H1/2019/Law dt. 28/06/2019 in K. G. Ext. No. 1426 dt. 28/06/2019 (Act 4 of 2019). Prior to Substitution it reads as "Committee" Omitted by Notification No. 4573/Leg.H1/2019/Law dt. 28/06/2019 in K. G. Ext. No. 1426 dt. 28/06/2019 (Act 4 of 2019). Prior to omission it reads as ", and the fee so determined by the Committee shall be valid for such period as may be notified by the Government;" Omitted by Notification No. 4573/Leg.H1/2019/Law dt. 28/06/2019 in K. G. Ext. No. 1426 dt. 28/06/2019 (Act 4 of 2019). Omitted by Notification No. 4573/Leg.H1/2019/Law dt. 28/06/2019 in K. G. Ext. No. 1426 dt. 28/06/2019 (Act 4 of 2019). Prior to omission it reads as "admission or" Relettered by Notification No. 4573/Leg.H1/2019/Law dt. 28/06/2019 in K. G. Ext. No. 1426 dt. 28/06/2019 (Act 4 of 2019). Substituted by Notification No. 4573/Leg.H1/2019/Law dt. 28/06/2019 in K. G. Ext. No. 1426 dt. 28/06/2019 (Act 4 of 2019).

Section 8A – The KERALA MEDICAL EDUCATION (REGULATION AND CONTROL OF ADMISSION TO PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS) ACT, 2017 | DailyLaw.ai