 bill no 120  of 2010 the technical educational institutions, medical educational institutions and universities (regulation of fee) bill, 2010 byadv pt thomas, mpa billto provide for the regulation of fee in technical educational institutions, medical educational institutions and universities and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:— 1 (1) this act may be called the technical educational institutions, medical educational institutions and universities (regulation of fee) act, 2010short 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) "council" means the national council for educational cost and prices established under section 3;5(b) "fee" means any amount demanded or charged or collected, directly or indirectly, for, or, on behalf of any institution, or paid by any person in consideration for admitting any person as student in an institution;21 of 1860103 of 1956(c) "institution" means a technical educational institution or medical educational institution or any such institution registered under the societies registration act, 1860 and recognised 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; and(d) "prescribed" means prescribed by rules made under this act153 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established a council to be known as the national council for educational cost and pricesestablishment of the national council for educational cost and pricescomposition of the council204 (1) the council shall consist of a chairperson and six members, who shall be appointed by the central government from amongst persons having special knowledge in the field of higher education, public affairs or administration in educational matters and atleast twenty-five years of experience in the field(2) the following shall be ex-officio members of the council—(a) the director of the indian institute of technology, delhi; (b) the director of the all india institute of medical sciences, new delhi; (c) the vice-chancellor of jawaharlal nehru university, new delhi;25(d) the director of delhi school of economics, new delhi; (e) the director of indian institute of management, ahmedabad; and (f) the director of indian institute of sciences, bengaluru305 (1) the salaries and allowances payable to, and the other terms and conditions of service of the chairperson and members of the council, except the ex- officio members, shall be such, as may be prescribed, by the central governmentsalaries and other terms and conditions of service of chairperson and members of the council(2) the allowances payable to the chairperson and members of the council including the ex-officio members for attending the meetings of the council shall be such, as may be prescribed by the central governmentstaff of council356 (1) the central government shall determine the nature and categories of theofficers and other employees required to assist the council in the discharge of its functions and provide the council with such officers and other employees as it may think fit(2) the salaries and allowances payable to, and other terms and conditions of thestaff of the council shall be such as may be prescribed by the central governmentmeeting of the council407 the council shall meet at such time and places, and shall observe such rules ofprocedure in regard to the transaction of its business, including the quorum at such meetings, as may be prescribed by the central government8 the council shall advise and recommend to the central government on mattersrelating to fixation of fee to be charged by various institutions for a particular course of studycouncil to advise on matters relating to fee charged by institutions9 the central government shall prescribe the maximum amount of fee that can be charged by an institution on the basis of the recommendations of the councilcentral government to prescribe fee limit510 any institution, which demands or accepts any fee or donation, in any manner whatsoever, in violation of the provisions of section 9, shall, without prejudice to proceedings for prosecution under the provisions of this act or any other law for the time being in force, be liable to a penalty which may extend to fifty lakh rupees| penalty        ||----------------|| demanding fee  || in excess of   || the prescribed || limit         || payment of     || sums to the    || council       | 11 the central government may, after due appropriation made by parliament by law in this behalf, pay to the council in each financial year such sums as may be considered necessary to the council for performing its functions under the act10power to make rules12 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act15(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 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  reasonsthere has been an unprecedented growth in the number of students pursuing higher education in recent years the higher professional education, especially technical and medical education, is being provided mainly through private institutions the current national policy supported by several judicial pronouncements is against commercialization of higher education, rather, the policy encourages private 'not-for-profit' participation with surplus revenues to be ploughed back for growth and development of institutionsit is a matter of public concern that technical educational institutions, medical educational institutions and universities should not resort to unfair practices such as charging exorbitant fee, etcit is, therefore, proposed to bring a legislation to regulate the fee charged by technical educational institutions, medical educational institutions and universities the bill inter alia provides for—(a) setting up of a council to be known as the national council for educational cost and prices for tendering advice to the central government on matters relating to fixation of fee to be charged  by various institutions for a particular course of study;(b) prohibition on accepting fee in excess of the amount prescribed by the central government; and(c) imposition of monetary penalty upto rupees fifty lakh on institutions charging fee more than the limit prescribed by the central government hence this billnew delhi;pt thomasaugust  2, 2010 financial  memorandumclause 3 of the bill provides for establishment of a council to be known as the  national council for educational cost and prices clause 4 provides for appointment of chairperson and other members of the council by the central government clause 5 provides, inter alia, for salaries and allowances payable to the chairperson and other members of the council clause 6 provides for appointing officers and staff for functioning of the council clause 11 provides for payment of sums to the council by the central government the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees ten crore per annum will be involvedno non-recurring expenditure is likely to be incurred memorandum  regarding  delegated  legislationclause 12 of the bill empowers the central government to make rules for carrying out the provisions of the bill the rules will relate to matters of detail only therefore, the delegation of legislative power is of a normal character———— a billto provide for the regulation of fee in technical educational institutions, medical educational institutions and universities and for matters connected  therewith or incidental thereto————(adv pt thomas, mp)