Amendment status not verified — confirm the current text below against the official source.
Subs by section 11(i) of UK Act no 26 of 2018. 1{(3) No act or proceeding of the Appellate Authority shall be deemed to be invalid by the reason merely of any vacancy in or any defect in the constitution of the Authority. (4) No person who is associated with any private institution in any manner shall be eligible for being as Chairman or a Member of the Authority. (5) (1) The Chairman or a Member may, by writing under his hand addressed to the State Government, resign from the office of the Chairman or, as the case may be, of the Member at any time. (2) The State Government shall remove a person from the office of the Chairman or a Member referred to in sub-section(1) if the person :- (a) becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; (c) refuses to act or becomes incapable of acting; (d) has, in the opinion of the State Government, so abused the position of the Chairman or any Member as to render that person’s Continuance in office detrimental to the public interest or the Chairman or any Member of the Authority shall be removed, if he performs any act, which in the opinion of State Government is unbecoming of Chairman or Member of the Authority; Provided that, no such Chairman or any Member shall be removed by the State Government without giving him an opportunity of being heard. (6) The Chairman shall preside over the meeting of the Authority and in absence of Chairman, the Authority shall choose one of its members for chairing that particular meeting and the Authority may adopt its own procedure as it deems fit.} Penalty 13- 2{If any person or private institution violates the provisions of this Act, the Admission and Fee Regulatory Committee or Appellate Authority may take one or more of the following action against such institution/person -- (a) Direct the withdrawal of affiliation of such institution from the statutory body with which such institution is affiliated or recognized or direct the appropriate authority to withdraw the recognition of such institution; (b) Direct the statutory body, university or board which grants degrees, diplomas or certificates to such institution to cancel the admission and registration of such students admitted in violation of this Act; (c) Direct the institution to admit any students to whom admission has wrongly been denied due to non-compliance of the provisions of this Act; (d) Impose financial penalties for each violation of the Act which shall not be less than Rupees ten lakh per violation and which shall be recovered by the State Government as arrears of land revenue; (e) Impose penalty in case of charging fee in excess of prescribed fee by the concerned private institution which can be upto five to ten times of excess fee charged per person/student. The minimum amount of penalty shall be 10 lakh; -------------------------------------------------- 1-Ins. by section 11(ii) of UK Act no 26 of 2018. 2-Subs. by section 12 of UK Act no 26 of 2018. (f) Order the institution to refund to a student within such time as specified in the order, any amount received by it in excess of the fees fixed by the Committee or any amount received by way of capitation fee or any amount received for profiteering; (g) Order the institution to stop admission or reduce the sanctioned intake in any professional course for such period as it may deem fit; (h) All such directions or orders shall be binding on private institutions: Provided that, before any action is taken as mentioned above, a reasonable opportunity of hearing shall be provided to such person or institution by the admission and fee regulatory committee and or appellate authority. Act to have overriding effect 14- 1{The provisions of this Act shall have overriding effect notwithstanding anything inconsistent contained in any other Act.} Power to make Rules 15- The State Government may, by notification in the Official Gazette, make rules retrospectively for carrying out the purposes of this Act. Rules to be laid before Legislature 16- Every rule made under this Act shall be laid, as soon as may be after it is made, before State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions; and if, before the expiry of the session immediately following the session of the successive sessions aforesaid, if House agrees in making any modification in the rule or agree that the rule should not be made; the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Power to remove difficulties 17- 2{(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification or order, make such provisions which are not inconsistent with the provisions of this Act, as appears to be necessary or expedient, for removing the difficulties. (2) Every Order made under this section shall, as soon as may after it is made, be laid before State Legislative Assembly.} Protection of action taken in good faith 18- No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government or the members of the admission and fee regulatory committee and the appellate authority, for anything, which is in good faith done or intended to be done under this Act. Transitory provisions 19- Till the admission and fee regulatory committee under section 4 of this Act is constituted and established the committees constituted by the State Government under Hon'ble Supreme Court Judgment in Islamic Academy of Education and others Vs State of Kamataka shall continue to be in existence and shall remain functional. These committees may exercise all or any of the powers and responsibilities conferred under this Act. --------------------------------------------------- 1-Subs. by section 13 of UK Act no. 26 of 2018. 2-Subs. by section 14 of UK Act no. 26 of 2018. Repeal and Saving 20- (1) The Uttarakhand Non-Minority Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Ordinance, 2006, is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.