 bill no xxx of 2009 the professional courses (common entrance examination and miscellaneous provisions) bill, 2009 a billto provide for a common entrance examination for each professional course foradmission into various government and private professional institutions offering higher education in the country and to regulate the fee structure of the private institutions offering professional courses including the application fee charged before admission and for matters connected therewith and incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the professional courses (common entrance examinations and miscellaneous provisions) act, 2009short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "entrance examination" means any pre-admission test including a written or an oral test or both conducted for the purpose of enrolment or admission of a candidate to a professional course of study imparted by a professional institute;(c) "prescribed" means prescribed by rules made under this act; (d) "professional course" means degree course in engineering, information technology and computer science, medical, law or mass media;(e) "professional institute" means an institution or a college including a professional college recognised by or affiliated to any university or a body or including the institutions or colleges established by or under a statute of the central government or the state government, as the case may be, for imparting education and awarding degree after senior secondary level school education 3 (1) on and from such date, as the central government may by notification in the official gazette appoint, there shall be one all india examination for each professional course in the country to be conducted by the central government in consultation with each state government in such manner, as may be prescribed:central government to conduct common entrance examinationprovided that before implementing the provisions of sub-section (1), the central government shall ensure that there is common syllabus for each subject at the secondary school level in which entrance examination is conducted through out the country(2) the central government, in consultation with the government of each state, ensure that admissions in all professional institutes within their respective jurisdiction shall be made exclusively on the basis of marks or grade, as the case may be, obtained by each candidate in the common entrance examination of the concerned course(3) the central government shall, in consultation with the government of each state, prepare the framework and decide about the modalities for admission in professional institutes on the basis of common entrance examination in such manner, as may be prescribedprovided that the provisions of section 3 shall not be applicable to entrance examination conducted by the indian institutes of technology, indian institutes of management, all india institute of medical sciences and institutes under the jurisdiction of armed forces4 (1) the appropriate government shall regulate the fee structure of each professional institute within its jurisdiction in such manner, as may be prescribedappropriate government to regulate fee structure(2) without prejudice to the generality of the provisions contained in sub-section (1), the standards of faculty and facilities maintained by a professional institute shall always be taken into consideration while regulating the fee structure of a professional institute(3) the central government shall, in consultation with the government of each  state, constitute a monitoring committee, in such manner as may be prescribed, to monitor and review the fee structure of professional institutes in each state5 (1) on and from the appointed day as the central government may notify in the official gazette in this behalf, no professional institute shall charge any application fee for admission to any professional course except the actual cost of application form and the prospectusprofessional institutes not to charge application fee(2) all professional institutes shall make their application form available on their website or make them available in the premises of the institute or at such places, as may be prescribed6  the central government shall, after due appropriation made by parliament in this behalf provide funds for the purpose of this actcentral government to provide funds overriding effect of this act7  the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid, the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forcepower to remove difficulty8 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for the removal of the difficulty;provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this actpower to make rules9 (1) the government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) every order and every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament 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 or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses 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 statement  of  objects  and  reasonsevery year, lakhs of students appear for entrance examinations of various professional courses in the country there is no single common entrance examination for any professional course in the country as a result, some entrance examinations are conducted by the central government and the state governments, while private professional institutes are having their own examinations for admission to their professional courses every year, immediately after the conclusion of the senior secondary examinations, every saturday or sunday a large number of candidates appear for various entrance examinations almost for three months sometimes, the dates of various examinations clash and the students have to choose entrance examination of any one of the professional institutes even the syllabuses of various examinations are different mainly on the aspect of difficulty level as a result students have to prepare differently for different examination besides, it has also been observed that the private professional institutes charge huge money along with application form although they do not conduct any examination and admit students on the basis of examination conducted by the central board of secondary education or other authority in this manner, these institutes collect crores of rupees as application money which is unjust similarly, often voices are raised against exorbitant tuition fee and other charges collected by various professional institutes, while admitting  the students in various courses many a time directions have been issued by courts to regulate fee structure of private institutes, but things remain unchanged some  states have taken a lead in this regard, but on the whole, the area is still unregulated with this kind of arrangement in place, the lakhs of students as well as their parents suffer a lot physically as well as financially in view of this, it is being felt that it would be more appropriate, if a single entrance examination for each professional course is conducted and fee structure, etc of private professional institutes is regulated in consultation with the state governmentshence this billmahendra mohan financial memorandumclause 3 of the bill provides that there shall be one all india entrance examination for each professional course to be conducted by the central government in consultation with the state governments clause 6 of the bill provides that the central government will provide funds for carrying out the purposes of the bill it is estimated that an amount of rupees one hundred crore would be involved from the consolidated fund of india  annually it is also estimated that a non-recurring expenditure of rupees fifty crore will also be involved memorandum  regarding  delegated  legislationclause 9 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character rajya  sabha———— a billto provide for a common entrance examination for each professional course for admissioninto various government and private professional institutions offering higher education in the country and to regulate the fee structure of the private institutions offering professional courses including the application fee charged before admission and for matters connected therewith and incidental thereto————(shri mahendra mohan, mp)gmgipmrnd—5145rsrs(s-5)—4122009