 bill no  23 of  2017 the higher educational institutions (regulation of fee) bill, 2017 by shrimati supriya sule, mp a billto provide for regulation of fee in higher educational institutions with a view to make higher education accessible to all and for matters connected therewithbe  it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the higher educational institutions (regulation of fee)act, 2017short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmirdefinitions2 in this act, unless the context otherwise requires,—(a) ''appropriate government'' means in the case of a state and union territorywith legislative assembly, the state government and the government of the union territory, respectively, and in all other cases, the central government;5(b) ''capitation fee'' means any amount demanded or charged or collected, directlyor indirectly, for, or, on behalf of any institution, or paid by any person in consideration of admitting any person as student in an institution over and above the course fee;(c) ''higher education'' means education after senior secondary education;1021 of 18603 of 195615(d) ''higher educational institution'' means a technical educational institutionor a medical educational institution, whether unaided or aided by the appropriate government, or any such institution registered under the societies registration act, 1860 and recognized as such by the appropriate statutory authority or a university as defined in section 2 of the university grants commission act, 1956 and includes an institution deemed to be a university under section 3 of that act or under any other law for the time being in force but does not include an unaided minority educational institution;(e) ''national committee'' means the national committee for regulation of fee inhigher educational institutions constituted under section 4;(f) ''parent'' means biological or adoptive mother or father of a child; (g) ''prescribed'' means prescribed by rules made under this act;20(h) ''senior secondary education'' means education upto class twelfth; and (i) ''state committee'' means the state committee for regulation of fee in highereducational institutions constituted under section 6253 notwithstanding anything contained in any other law for the time being in force, nohigher educational institution shall charge capitation fee in any form for admission in such institutionprohibition on charging capitation fee4 (1) the central government shall, by notification in the official gazette, constitute a national committee to be known as the national committee for regulation of fee in higher educational institutions for carrying out the purposes of this act(2) the national committee shall consist of—30(a) a representative from the university grants commission, who shall bechairperson of the national committee;constitution of the national committee for regulation of fee in higher educational institutions3540(b) a representative each from the all india council of technical education(aicte), the medical council of india (mci), the indian council for agricultural research (icar), the national council for teacher education (ncte), the dental council of india (dci), the pharmacy council of india (pci), the indian nursing council (inc), the bar council of india (bci), the central council of homoeopathy (cch), the central council for indian medicine (ccim), the council of architecture, the distance education council(dec), the rehabilitation council of india for rural institutes(ncri) and the state councils of higher education (sche) as members; and(c) an eminent economist and a statistician as member, to be appointed by the central government in such manner as may be prescribed (3) the term of office of the members of the national committee shall be five years and they shall not be eligible for re-appointment45(4) the salary and allowances payable to and other terms and conditions of service of eminent economist and statistician shall be such as may be prescribed5 the national committee shall ,—functions of the national committee(a) prescribe the fee to be charged for each of the courses run by a highereducational institution;(b) define the principle of  reasonable surplus' and 'non-profiteering' on the basisof cost-fee analysis for courses run by higher educational institution; and5(c) undertake such other function as may be assigned to it by the centralgovernment, from time to timeconstitution of state committee106 (1) every state government shall, within three months from the date of coming intoforce of this act and in consultation with the respective state higher education boards, by notification in the official gazette, constitute a state committee to be known as the state committee for regulation of fee in higher educational institutions(2) the state committee shall consist of such number of members representing the state higher education boards, teachers, parents and students to be appointed by the state government concerned in such manner as may be prescribed157 the state committee shall,—(a) ensure that the fee structure submitted by the higher educational institutionswithin the state conforms to the principles of,  reasonable surplus' and 'non-profiteering' defined by the national committee under section 5; and(b) undertake such other function as may be assigned to it by the centralgovernment, from time to time208 every higher educational institution shall formulate its fee structure for the coursesrun by it in consonance with the principles of 'reasonable surplus' and 'non-profiteering' as defined by the national committee under section 5higher educational institutions to formulate the fee structure259 the provisions of this act shall not apply to unaided minority higher educationalinstitutionsact not to apply to unaided minority institutions penalty10 any higher educational institution which demands or accepts any fee or donation, in any form or manner whatsoever, in violation of the provisions of this act shall be liable to fine which shall not be less than rupees ten lakh but which may extend upto rupees twenty lakh3011 the central government shall, after due appropriation made by parliament by lawin this behalf, provide requisite sums to the state governments for carrying out the purposes of this actcentral government to provide necessary funds12 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceoverriding effect of the act3513 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in forceact to supplement other laws power to make rules14 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act40(2) every rule made 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 theexpiry of the session immediately following the session or the successive sessions aforesaid, both the 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 rule5 statement of objects and reasonsindia is one of the few countries to have relatively younger workforce to benefit from this demographic dividend, it is important to invest in its youth and to make them more productive imparting of higher education and the skills acquired through it are quintessential for progress of a developing nation thus, commercialisation of higher education with the motive of profiteering must be checkedthe supreme court of india in its various judgments has ruled in favour of regulation of fee in higher educational institutions any move to regulate the fee in educational institutions will promote the access to higher education to allin tma pai foundation v/s  state of karnataka (2002), the supreme court ruled that the fee charged by private unaided institutions can be limited by the state to prevent profiteering, while allowing for 'reasonable surplus'in 2003 in islamic academy of education v/s  state of karnataka (2003), the supreme court observed that the educational institutions can form their own fee structures, and the funds must be used to provide facilities to students and to further the growth of the educational institutionsin line with the supreme court's judgment, some states did set up committees to monitor the fee structure of higher educational institutions but, there is no framework at the national level prescribing the criteria for limits on fee and the definition of terms 'reasonable surplus' and 'profiteering' the proposed bill aims to provide a broad framework for regulation of fee in higher educational institutionshence this billnew delhi;supriya sulejanuary 2, 2017 financial memorandumclause 4 of the bill provides for constitution of national committee for regulation of fee in higher educational institutions it also provides for appointment of an economist and statistician to the national committee clause 6 provides for constitution of state committee by the state government concerned clause 11 provides that the central government shall provide adequate funds to the state governments for carrying out the purposes of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees twenty-five crores would be involved as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause  14 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok  sabha———— a billto provide for regulation of fee in higher educational institutions with a view to make higher education accessible to all and for matters connected therewith————(shrimati supriya sule, mp)gmgipmrnd—4149ls(s3)—08-02-2017