The High Court of Kerala in M P Varghese V. Mahatma Gandhi University held that Aided colleges are 'public authority' coming under section 2(h) of Right To Information Act 2005.
However, there is no rule that unaided private institutions come under the purview of RTI Act.
Wednesday, 30 June 2010
Tuesday, 29 June 2010
kcbc guidelines for ecclesiastical celebrations and parish feasts
Kerala Catholic Bishops Council published guideline for austerity in ecclesiastical celebrations and parish feasts. Download the full text in Malayalam.
Monday, 28 June 2010
Thursday, 24 June 2010
How to file complaint in Consumer Court in Kerala...
An article in malayalam for laymen to brief, how to file a complaint in consumer court in Kerala.
കണ്സുമര് കോടതിയില് എങ്ങനെ കേസ് ഫയല് ചെയ്യാം
കണ്സുമര് കോടതിയില് എങ്ങനെ കേസ് ഫയല് ചെയ്യാം
Wednesday, 23 June 2010
UN ORGANISED WORKERS SOCIAL SECURITY ACT 2008
An Act to provide for the social security and welfare of unorganised workers and for
other matters connected therewith.....
down full text free.
other matters connected therewith.....
down full text free.
Employees State Insurance Act. Unawareness of this law may cause great trouble to employers..
All Employers in India must aware about the provisions of ESI Act 1948. Once recovery proceedings started, it will be troublesome to cope with....
see the full text of the Act.
see the full text of the Act.
Want to know the address of Embassies and High Commissioners abroad?
Here Your can download the address of
different Embassies and High Commissioners Abroad...
different Embassies and High Commissioners Abroad...
Indians..How to obtain passport? How to fill passport? How to apply for passport?
How to obtain passport?
How to fill passport?
How to apply for passport?
Where to apply for passport?
How to fill passport?
How to apply for passport?
Where to apply for passport?
Monday, 21 June 2010
Under what provision, police issue notice/summons on vehicle checking? Kerala High Court admitted Criminal MC.
Kerala High Court directed the State to Report on what legal ground, Police issue notice to accused to appear on court, while vehicle checking and in petty cases.. Order Issued by Js V Ramkumar.
Crl M C 2125/2010 and Crl MC 2138/2010.
Crl M C 2125/2010 and Crl MC 2138/2010.
Saturday, 19 June 2010
STUDENT POLICE CADET SCHEME OF KERALA GOVERNMENT
Kerala Government introduced new Student Police Cadet Scheme for Schools in Kerala.
Download full text and guidelines from www.niyamadarsi.com
Download full text and guidelines from www.niyamadarsi.com
Foreign law firms to start practice in Indian Courts ?
Amid a debate on whether foreign law firms should be allowed entry, govt has said minds should not be shut to “big ideas” and asserted that fears of Indian lawyers would be addressed before taking a decision.
Law Minister M. Veerappa Moily said in an interview that he was confident that Indian lawyers would be able to match the competence of their counterparts and that the government would work for their capacity-building.
“The government cannot have a view on this” as the issue is sub-judice in Madras High Court, Moily said.
At the same time, he said, “We should not shut our minds to the big ideas.”
He was responding when asked whether foreign law firms should be allowed to operate in India.
A number of countries, including the United States and Britain, are pressing India to allow their law firms to operate in this country.
However, the Indian legal fraternity led by the Bar Council of India is opposed to this, fearing that they would not be able to compete with their foreign counterparts.
Recognising these concerns, Moily said the fears would be addressed before a decision is taken.
“Their fears and apprehensions need to be addressed and it is the duty of the government to address that,” he said.
He noted that the United Kingdom and China had faced similar problems in the past when foreign law firms wanted entry but these were overcome later.
Observing that entry of foreign law firms cannot be a “one—way traffic”, the Law Minister said, “It has a lot of facets, lot of components. We need to address all of them together. We can’t open the door and invite them.”
Moily said there needs to be “proper capacity building” of Indian lawyers to enable them to match their counterparts.
He said he had confidence in the potential of Indian lawyers and in this context referred to the potential demonstrated by Indians in IT sector.
“It is a transitional problem, I don’t say this is a perennial problem,” he said, adding, the lawyers’ fraternity would be taken into confidence before any decision is taken.
When asked whether the fears of the Bar Council were justified, the minister said since the matter was sub-judice, he cannot pass a “value judgement”.
Describing it as a “pending issue”, he noted that the Bombay High Court has given a judgement and now the matter has come before the Madras High Court.
“It is being agitated.. it will come up again immediately after the (court) vacation,” Moily said.
To a question, he said the government had not, at any point of time, favoured entry of foreign law firms.
“But at the same time, government is discussing it.”
Law Minister M. Veerappa Moily said in an interview that he was confident that Indian lawyers would be able to match the competence of their counterparts and that the government would work for their capacity-building.
“The government cannot have a view on this” as the issue is sub-judice in Madras High Court, Moily said.
At the same time, he said, “We should not shut our minds to the big ideas.”
He was responding when asked whether foreign law firms should be allowed to operate in India.
A number of countries, including the United States and Britain, are pressing India to allow their law firms to operate in this country.
However, the Indian legal fraternity led by the Bar Council of India is opposed to this, fearing that they would not be able to compete with their foreign counterparts.
Recognising these concerns, Moily said the fears would be addressed before a decision is taken.
“Their fears and apprehensions need to be addressed and it is the duty of the government to address that,” he said.
He noted that the United Kingdom and China had faced similar problems in the past when foreign law firms wanted entry but these were overcome later.
Observing that entry of foreign law firms cannot be a “one—way traffic”, the Law Minister said, “It has a lot of facets, lot of components. We need to address all of them together. We can’t open the door and invite them.”
Moily said there needs to be “proper capacity building” of Indian lawyers to enable them to match their counterparts.
He said he had confidence in the potential of Indian lawyers and in this context referred to the potential demonstrated by Indians in IT sector.
“It is a transitional problem, I don’t say this is a perennial problem,” he said, adding, the lawyers’ fraternity would be taken into confidence before any decision is taken.
When asked whether the fears of the Bar Council were justified, the minister said since the matter was sub-judice, he cannot pass a “value judgement”.
Describing it as a “pending issue”, he noted that the Bombay High Court has given a judgement and now the matter has come before the Madras High Court.
“It is being agitated.. it will come up again immediately after the (court) vacation,” Moily said.
To a question, he said the government had not, at any point of time, favoured entry of foreign law firms.
“But at the same time, government is discussing it.”
Friday, 18 June 2010
Can you cut teak trees from your own compound? offence..punishment..THE KERALA PROMOTION OF TREE GROWTH IN NON-FOREST AREAS ACT, 2005
Whether any offence can be alleged if a person is cutting and transporting tree from his own private property which is a non forest land?
Kerala High Court held... In such cases no offence under Kerala Forest Act or Kerala preservation of Trees Act is made out. But if the private non forest land in question is a notified area under the provisions of Kerala Promotion of Tree Growth in Non forest Areas Act, then permission under the act to be obtained.
Kerala High Court held... In such cases no offence under Kerala Forest Act or Kerala preservation of Trees Act is made out. But if the private non forest land in question is a notified area under the provisions of Kerala Promotion of Tree Growth in Non forest Areas Act, then permission under the act to be obtained.
Prevention of Cruelty to Animals Act 1960. Transporting animals packed in vehicles..
Correction or change on name in school records.. how?
Change in name of a student can be effected in the certificate by the District Educational Officer even after the student completes the school years. Kerala Educational Rules 1959. Rule 3. Interpreted by High Court of Kerala. (2010(2)KHC 491 DB)
Thursday, 17 June 2010
Christian inheritance of property-If Father died intestate, what will be share of heirs?
The Christian law of inheritance is governed by Indian Succession Act 1925.
If father died intestate (without writing will or any settlement of property), the widowed wife will get 1/3 rd of the property and the balance property will be shared equally to the sons and daughters.
If father died intestate (without writing will or any settlement of property), the widowed wife will get 1/3 rd of the property and the balance property will be shared equally to the sons and daughters.
Right of Transfer to Other School
Section 5 of the Right to Education Act 2009.... where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub clauses for completing his or her elementary education.
Right To Education Act 2009
The Right of Children to Free and Compulsory Education Act 2009..
Every Child of the aged 6 t0 14 shall have a right to free and compulsory education in neighbourhood school till the completion of elementary education...... A revolutionary piece of legislation.
Every Child of the aged 6 t0 14 shall have a right to free and compulsory education in neighbourhood school till the completion of elementary education...... A revolutionary piece of legislation.
Wednesday, 16 June 2010
CAN POLICE INTERFERE IN CIVIL DISPUTES AND CALL PERSONS TO POLICE STATION?
The police have no statutory power to adjudicate the civil disputes. Even if any civil dispute is raised against the petitioner, he cannot be called in to the police station for pressurizing to settle the matter. The recent decision in Shivaprasad Shenoy V. State of Kerala (2010 (2) KHC 24) by the Division Bench of this Honourable Court also interdicted the Police authorities from interfering in matters of civil disputes.
Remedy-
File petition before the Police Complaint Authority
File Writ Petition alleging police harassment
Can Police issue notice/summons to appear on court while vehicle inspection?
Writ Petition and Criminal Miscellaneousness Cases are filed before the Honourable High Court of Kerala for quashing the notice/summons issued by the Police on vehicle checking and other petty cases.
As per the provision in section 173 of Crpc, on completing investigation, the Respondent Police ought to file report before the trial court. The chapter VI of the Crpc deals with the provision of process to compel the appearance before the Court. It can only be after filing the charge, so as to state the substance of accusation against the accused. Thereafter only, the section 252 and 253 of Code of criminal procedure code can be invoked even in the petty cases.
None of the provisions in the Code of Criminal Procedure Code provides power to the Respondent Police to direct any person to appear before the court on their own motion, as a summons issued by the Court even before the filing of the final charge.
Section 61 : Form of Summons:- Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the High Court may from time to time, by rule direct and shall bear the seal of the Court.
Commencement of proceedings before Magistrate:-
Section 204: Issue of process:- (1) If in the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground for proceeding and the case appears to be
(a) a summons case, he shall issue his summons for the attendance of the accused, or
(b) a warrant case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or some other Magistrate having jurisdiction.
(2) No summons or warrant shall be issued against the accused under sub section (1) until a list of prosecution witnesses has been filed.
Tuesday, 15 June 2010
suspension during pendency of criminal proceedings
If Government detained in custody for morethan 48 hours, deemed to be under suspension. GO MS 440/60/PD.
Rule 10(3) of Kerala Civil Services (classification, control and appeal) Rules 1960
Disciplinary proceedings against Government Servants convicted in criminal cases..
Disciplinary proceedings against Government Servants convicted in Criminal cases will be suspended... Government Memorandum No. 80382/SD4/63/PD dated 8-4-1965
Monday, 14 June 2010
THE KERALA PROFESSIONAL COLLEGES BILL, 2006
THE KERALA PROFESSIONAL COLLEGES (PROHIBITION OF CAPITATION
FEE, REGULATION OF ADMISSION, FIXATION OF NON-EXPLOITATIVE
FEE AND OTHER MEASURES TO ENSURE EQUITY AND
EXCELLENCE IN PROFESSIONAL EDUCATION)
BILL, 2006
(As Passed by the Assembly)
A
BILL
to provide for prohibition of capitation fee, regulation of admission, fixation of
non exploitative fee, allotment of seats to Scheduled Castes, Scheduled
Tribes and other socially and economically backward classes and other
measures to ensure equity and excellence in professional education and
for matters connected therewith or incidental thereto;
Preamble.—WHEREAS, the Hon’ble Supreme Court has held that where
there is more than one minority or non-minority institution or similarly situated
institution in the State imparting education in any one discipline, then a single
common entrance test followed by centralized counselling or in other words
single window system of admission is necessary in order to achieve the twin
objectives of transparency and merit and further has held that the State can take
over the admission procedure to ensure that it is fair, transparent and nonexploitative;
AND WHEREAS, it is considered that in the light of the past experiences of
mal-administration of the entrance test held by the Consortium/Association of
Private Professional Colleges in the State, all institutions of the same or similar
type, whether minority or non-minority shall be required to fill their seats on the
basis of merit determined through a single common entrance test followed by
centralised counselling by the State Commissioner for Entrance Examinations;
AND WHEREAS, in the Constitution (Ninety-third Amendment) Act, 2005,
a provision has been made under clause 5 of Article 15 as follows:—
“(5) Nothing in this article or in sub clause (g) of clause (1) of article
19 shall prevent the State from making any special provision, by law, for the
advancement of any socially and educationally backward classes of citizens or
for the Scheduled Castes or the Scheduled Tribes in so far as such special
provisions relate to their admission to educational institutions including private
educational institutions whether aided or unaided by the State, other than the
minority educational institutions referred to in clause (1) of article 30” ;
2
AND WHEREAS, the Supreme Court has further held that linguistic and
religious minorities are covered by the expression “minority” under Article 30
of the Constitution;
AND WHEREAS, the reorganization of the States in India has been made on
linguistic lines for the purpose of determining the minority, the unit shall be the
State and not the whole of India and therefore, religious and linguistic
minorities, who have been put at par in Article 30, have to be considered State-wise;
AND WHEREAS, it has been further held by the Supreme Court that
Article 30(1) is a sort of guarantee or assurance to the linguistic and religious
minority institutions of their right to establish and administer educational
institutions of their choice and secularism and equality being two of the basic
features of the Constitution, Article 30(1) ensures protection to the linguistic and
religious minorities, thereby preserving the secularism of the country;
AND WHEREAS, it has been further held that the principles of equality must
necessarily apply to the enjoyment of such rights and no law can be framed that
will discriminate against such minorities with regard to the
establishment and administration of educational institutions vis-a-vis other
educational institutions and any law or rule or regulation that would put the
educational institutions run by the minorities at a disadvantage when compared
to the institutions run by others, will have to be struck down and at the same
time, there also cannot be any reverse discrimination;
AND WHEREAS, the essence of Article 30(1) is to ensure equal treatment
between the majority and the minority institutions and no one type or category
of institution should be disfavoured or, for that matter, receive more favourable
treatment than another, since laws of the land, including rules and regulations,
must apply equally to the majority institutions as well as to the minority
institutions;
AND WHEREAS, keeping in mind the above formulation of the Supreme
Court on minority rights and also the unique socio-economic and demographic
complexion of the State in the context of the need and commitment to protect
and strengthen the secular ethoes and the long tradition of equitable sharing of
the opportunities for education among different communities prevailing in the
State, it is necessary to ensure that the benefits that accrue from minority rights
be equitably shared among different sections, including weaker sections, within
the minority community to which the particular college or institution belongs;
3
AND WHEREAS, it is necessary to provide freeship and scholarship to a
large number of economically weaker students to protect and strengthen the
State’s long tradition of providing equitable opportunities for education at all
levels of learning, and to promote social justice in accordance with the directive
principles of the Constitution, it is necessary to apply the principle of using the
excess funds generated from Non-Resident Indian seats for benefiting students
such as students from economically weaker sections of society as enunciated
by the Supreme Court as one of the considerations for the fixation of fee by the
competent authority appointed for the purpose and to set up a Higher
Education Scholarship Fund for providing scholarship to the socially and
economically weaker students;
BE it enacted in the Fifty-seventh Year of the Republic of India as
follows:—
1. Short title and commencement.—(1) This Act may be called the
Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee,
Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to
Ensure Equity and Excellence in Professional Education) Act, 2006.
(2) It shall come into force at once.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) ‘Admission Supervisory Committee’ means the Committee
constituted under section 4 for regulating admission in unaided professional
colleges or institutions ;
(b) ‘Aided College’ means a professional college or an institution
receiving recurring financial aid or grant-in-aid from any State or Central
Government and includes minority and non-minority professional college or
institution, as specified by the Government;
(c) ‘Capitation Fees’ means any amount by whatever name called
whether in cash or in kind paid or collected or received directly or indirectly in
addition to the fees determined under this Act ;
(d) ‘common entrance test’ means the entrance test conducted for
determination of merit of the candidates followed by centralised counselling for
the purpose of merit based admission to professional colleges or institutions
through a single window procedure by the State Commissioner for Entrance
Examinations ;
(e) ‘fee’ means all fees including tuition fee, development fee and
any other fee fixed by the Fee Regulatory Committee ;
4
(f) ‘Fee Regulatory Committee’ means the Committee constituted
under section 6 for determining the fee for admission to unaided professional
colleges or institutions ;
(g) “Freeship” means full or partial remission of tuition fee
awarded to Scheduled Caste and Scheduled Tribe and other socially,
educationally and economically backward students on merit-cum-means basis by
an unaided Professional College or institution as may be prescribed ;
(h) “general merit seats” means seats other than specified
seats, minority seats and Non-Resident Indian seats and notified as such by
Government or any agency authorised by it ;
(i) ‘Government’ means the Government of Kerala ;
(j) ‘Higher Education Scholarship Fund’ means the fund for
providing scholarship to socially and economically backward students on
merit-cum-means basis ;
(k) ‘management’ means any person or body by whatever
name called, under whose administration any unaided professional college or
institution is functioning ;
(l) ‘minority’ for the purpose of this Act means a community
belonging to a religious or linguistic minority as may be determined by
Government taking the State as a unit ;
(m) ‘minority professional college or institution’ means a professional
college or institution established and maintained by a minority that fulfills the
non-discriminatory criteria as laid down in this Act and determined as such by
the Government ;
(n) ‘minority seats’ means seats reserved for students who
belong to the community that runs the minority unaided professional college or
institution and filled up on the basis of interse merit in the manner as may be
prescribed from the rank list prepared by the Commissioner for Entrance
Examinations ;
(o) ‘Non-Resident Indian seats’ means seats reserved for
children or wards or dependents of Non-Resident Indians to whom admission is
given by the management in a fair, transparent and non-exploitative manner on
the basis of fees as may be prescribed ;
(p) ‘prescribed’ means prescribed by rules made under this
Act ;
5
(q) ‘privilege seats’ means seats filled up through the single window
system from the common merit list prepared by the Commissioner for Entrance
Examinations through the Common Entrance Test, on the basis of interse merit
from the applications submitted by the management of each unaided professional
college or institution, as may be prescribed ;
(r) ‘professional college or institution’ means a college or institution
aided or unaided imparting professional courses in any of the following
disciplines, namely:—
(a) Engineering and Technology ;
(b) Medicine, Dentistry, Pharmacy, Ayurveda, Homoeopathy,
Siddha and Nursing ;
(c) Teacher education or any other discipline as may be declared
by the Government by notification in the Gazette ;
(s) ‘qualifying examination’ means the examination as may
be prescribed as qualifying for the purpose of appearing for the Common
Entrance Test ;
(t) ‘single window system’ means the centralized system for
admission administered by the State Commissioner for Entrance Examinations to
professional courses in both aided and unaided, minority and non-minority
colleges or institutions ;
(u) ‘Specified seats’ means seats earmarked under sub-section (1) of
Section 10 ;
(v) ‘State’ means the State of Kerala ;
(w) ‘unaided professional college or institution’ means professional
college or institution which is not receiving aid or grant-in-aid from any State or
Central Government and includes minority and non-minority professional
colleges or institutions ;
(x) ‘University’ means a University established under any law made
by the Legislature of the State ;
3. Method of admission in Professional Colleges or Institutions.—
Notwithstanding anything contained in any other law for the time being in force
or in any judgment, decree or order of any Court or any other authority,
admission of students in all professional colleges or institutions to all seats
except Non-Resident Indian seats shall be made through Common Entrance Test
conducted by the State followed by centralised counselling through a single
window system in the order of merit by the State Commissioner for Entrance
Examinations in accordance with such procedure as may be specified by the
Government from time to time.
6
4. Admission Supervisory Committee.—(1) The Government shall
constitute an Admission Supervisory Committee to supervise and guide the
process of admission of students to unaided professional colleges or institutions
consisting of the following members, namely:—
(i) a retired Judge of the Supreme Court : Chairperson
or a High Court
(ii) the Secretary to Government : Member Secretary
Higher Education Department (ex-officio)
(iii) the Secretary to Government : Member
Health and Family Welfare
Department (ex-officio)
(iv) the Secretary to Government : Member
Law Department (ex-officio)
(v) the Commissioner for Entrance : Member
Examinations, Kerala (ex-officio)
(vi) an educational expert belonging to the : Member
Scheduled Caste or Scheduled Tribe
Community
(2) The Admission Supervisory Committee may adopt its own
procedure for the conduct of its business.
(3) The terms and conditions of service of the Chairperson and the
members of the Admission Supervisory Committee shall be as may be prescribed.
(4) No person who is associated with any unaided professional college
or institution shall be eligible for being a member of the Admission Supervisory
Committee.
(5) A member of the Admission Supervisory Committee shall be
removed if he or she does any act, which in the opinion of the Government, is
unbecoming of a member of the Committee. The member so removed shall not be
renominated to the Committee.
Provided that no such member shall be removed from the committee
without giving him or her an opportunity of being heard.
(6) The Admission Supervisory Committee shall supervise and guide
the entire process of admission of students to the unaided professional colleges
or institutions with a view to ensure that the process is fair, transparent,
merit-based and non-exploitative under the provisions of this Act.
(7) The Admission Supervisory Committee may hear complaints with
regard to admission in contravention of the provisions contained herein. If the
7
Admission Supervisory Committee after enquiry finds that there has been any
violation of the provisions for admission on the part of the unaided professional
colleges or institutions, it shall make appropriate recommendation to the Government
for imposing a fine upto rupees ten lakhs and the Government may on receipt
of such recommendation, fix the fine and collect the same in the case of
each such violation or any other course of action as it deems fit and the amount
so fixed together with interest thereon shall be recovered as if it were an arrear of
public revenue due on land. The Admission Supervisory Committee may also
declare admission made in respect of any or all seats in a particular college or
institution to be de-hors merit and therefore invalid and communicate the same to
the concerned University. On the receipt of such communication, the University
shall debar such candidates from appearing for any further examination and cancel
the results of examinations already appeared for.
(8) The Admission Supervisory Committee may if satisfied that any
unaided professional college or institution has violated any of the provisions of
this Act, recommend to the University or statutory body for withdrawal of the
affiliation or recognition of such college or institution or any other course of
action it deems fit.
5. Collection of capitation fee prohibited.—(1) No capitation fee shall be
collected by or on behalf of an unaided professional college or institution or by
any person who is in charge of or is responsible for the management of such
college or institution from or in relation to any candidate in consideration of his
or her admission to or continuance in any course of study or his or her
promotion to a higher class in such college or institution under the
management.
(2) Where the Admission Supervisory Committee on receipt of any
complaint or is otherwise satisfied that the management of an unaided
professional college or institution or any person who is in charge of it or is
responsible for the management of such college or institution has violated the
provisions of sub-section (1), the Admission Supervisory Committee may after
due enquiry recommend to the Government for taking penal action against the
management.
(3) The Admission Supervisory Committee shall have the power to
regulate its own procedure in all matters arising out of the discharge of its
functions, and 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 ;
8
(c) receiving evidence on affidavit ; and
(d) issuing commissions for the examinations of witnesses and for
local inspections
and any proceeding before such committee shall be deemed to be a judicial
proceeding within the meaning of section 193 and 228 and for the purposes of
section 196 of the Indian Penal Code (Central Act 45 of 1860).
6. Fee Regulatory Committee.—(1) The Government shall constitute a
Committee called the Fee Regulatory Committee for determination of the fee for
admission to the unaided professional colleges or institutions consisting of the
following members, namely :—
(i) a retired Judge of the Supreme Court or : Chairperson
High Court
(ii) the Secretary to Government either in charge : Member Secretary
of Health and Family Welfare or Higher
Education, as the case may be, depending on
the course of study
(iii) a Chartered Accountant nominated by the : Member
Government in consultation with the
Chairperson
(iv) a representative of either the Medical : Member
Council of India or the All India Council
for Technical Education, as the case may be,
depending on the course of study
(v) an educational expert nominated by the : Member
Government in consultation with the
Chairperson
(2) The Fee Regulatory Committee shall adopt its own procedure for
the conduct of its business.
(3) The terms and conditions of service of the Chairperson and other
members of the Fee Regulatory Committee shall be as may be prescribed.
(4) The Fee Regulatory Committee shall have power to:—
(a) require each unaided professional college or institution to
place before the Committee the proposed fee structure of such college or
institution with all relevant documents and books of accounts for scrutiny well
in advance of the commencement of the academic year i.e. not later than 31st
December of the previous academic year ;
9
(b) verify whether the fee proposed by each college or institution
is justified and it does not amount to profiteering or charging of capitation fee ;
(c) approve the fee structure or determine some other fee which
can be charged by the college or institution.
(5) The fee determined by the Committee shall be binding on the
unaided professional college or institution for a period of three years. The fee
so determined shall be applicable to a candidate who is admitted to a college or
institution in that academic year and shall not be revised till the completion of
his course in the said college or institution. No unaided professional college or
institution shall collect a fee amounting to more than one year’s fee from a
candidate in an academic year. Collection of more than one year’s fee in an
academic year shall be construed as collection of capitation fee and shall be
liable to be proceeded against.
(6) No person who is associated to any unaided professional college
or institution shall be eligible for being a member of the Fee Regulatory
Committee.
(7) A member of the Fee Regulatory Committee shall cease to be so if
he performs any act, which in the opinion of the Government, is unbecoming of
a member of the Committee :
Provided that no such member shall be removed from the Committee
without giving him an opportunity of being heard.
(8) The Fee Regulatory Committee shall have the power to regulate its
own procedure in all matters arising out of the discharge of its functions, and
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
and any proceeding before such Committee shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 and for the purpose of
section 196 of the Indian Penal Code (Central Act 45 of 1860).
10
7. Factors for determination of fee.—The Fee Regulatory Committee shall
determine and fix the fee or fees to be charged by an unaided professional
college or institution taking into consideration the factors, such as,—
(a) the obligation on the part of all unaided professional colleges or
institutions to provide freeship to a minimum of fifty percent of the students
admitted and the additional expenses, if any, required for the same over and
above the excess funds generated from Non-Resident Indians, charity on the part
of managements and contribution by the Government for providing freeship for
scheduled caste or scheduled tribe students ;
(b) the nature of the professional course ;
(c) the available infrastructure ;
(d) the expenditure on administration and maintenance ;
(e) a reasonable surplus required for the growth and development of
the college ;
(f) any other factor as the Committee may deem fit.
8. Determining factors for according recognition and conferring status
as un-aided minority professional college or institution.—A minority unaided
professional college or institution established and maintained by any linguistic
or religious minority shall be accorded recognition and conferred status as an
un-aided minority professional college or institution only if it satisfies all the
following conditions of demographic equivalence between the minority
community to which the college belongs and the non-minority community of the
State, taken as a single unit, namely:—
(a) the population of the linguistic or religious minority community in
the State which runs the professional college or institution shall be lesser than
fifty percent of the total population of the State.
(b) the number of professional colleges or institutions run by the
linguistic or religious minority community in the State to which the college or institution
belongs shall be proportionately lesser than the number of professional
colleges or institutions run by the non-minority community in the State.
(c) the number of students belonging to the linguistic or religious
minority community to which the college or institution belongs undergoing
professional education in all professional colleges or institutions in the State
shall be proportionately lesser than the number of students belonging to the
non-minority community undergoing professional education in all professional
colleges or institutions in the State.
9. Fees not to be collected excessively.—(1) No unaided professional
college or institution shall collect any fee by whatever name called from the
candidate for admission over and above the fee determined by the Fee
Regulatory Committee and the fee prescribed by the University concerned:
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Provided that the Fee Regulatory Committee shall fix the fee for Non-
Resident Indian seats and the amount so collected over and above the fee fixed
for other students in the College or institution in such seats shall be utilised for
providing freeship to socially and economically backward students.
(2) All unaided professional colleges or institutions shall provide
freeship to the extent prescribed for a minimum of fifty per cent of the students
admitted.
(3) Any officer of the State or Central Government or any other public
officer or authority who issues an income certificate which conceals the actual
income of the person to whom the certificate is issued and any recipient of such
certificate who by making use of the certificate claims any benefit with regard to
freeship or scholarship shall be liable for penalty under section 15 of the Act.
(4) Notwithstanding anything contained in any other provisions of
this Act, the fixation and levy of fees at the rates fixed by the Committee
constituted before the date of coming into force of this Act shall be deemed to
be validly fixed and collected.
10. Allotment of seats.—(1) In every professional college or institution
other than a minority college,—
(a) ten per cent of the total number of sanctioned seats shall be
earmarked for the Scheduled Castes and Scheduled Tribes ;
(b) twenty-five per cent of the total number of sanctioned seats to
the Other Socially and Educationally Backward Classes ;
(c) three per cent of the total number of sanctioned seats shall be
earmarked for physically challenged persons ; and
(d) twelve per cent of the total number of sanctioned seats shall be
earmarked for the other sections of society not covered under items (a), (b) and
(c) of this sub-section on merit-cum-means basis :
Provided that in an unaided professional college or institution the
provisions in item (c) and (d) shall apply in accordance with the consensus
based on mutual agreement arrived at between the unaided professional college
or institution and the Government and following such principles and in such
manner as may be prescribed:
Provided further that the admissions contemplated in items (b), (c) and (d)
above shall be in compliance with the rules as may be prescribed.
(2) In an unaided professional college or institution belonging to both
minority and non-minority, upto fifteen per cent of the total number of
sanctioned seats may be filled by candidates under the category of
Non-Resident Indian seats. Seats not filled up under Non-Resident Indian seats
shall be filled up from general merit seats.
12
(3) In an unaided professional college or institution belonging to both
minority and non-minority community, upto fifteen per cent of the total number of
sanctioned seats may be filled by candidates under the category of privilege
seats in the manner as may be prescribed. Seats not filled up under privilege
seats shall be filled up from general merit seats.
(4) In an unaided non-minority professional college or institution eighteen
per cent of the total number of sanctioned seats shall be filled up from general
merit seats.
(5) In an unaided non-minority professional college or institution two
per cent of the total number of sanctioned seats shall be filled up by students
who have made outstanding contribution in the field of culture or sports, on the
basis of criteria as may be prescribed. Seats not so filled up shall be filled up
from general merit seats.
(6) Where students of specified categories surrender the seats after
selection, the same shall be filled by the candidates belonging to the same
category from the merit list of the Common Entrance Test.
(7) Where the seats specified for the Scheduled Castes or Scheduled
Tribes and other socially and economically backward classes are left unfilled due
to non-availability of candidates from the same category, the seats shall be filled
up by rotation from other categories within the specified seats as may be
prescribed. Provided that any spill over thereafter arising shall be filled up from
the general merit seats.
(8) A Minority unaided professional college or institution shall admit not
less than fifty per cent of the students from within the State from the minority
community to which the college or institution belongs. Fifty per cent of such
seats may be filled up from among the socially and economically backward
sections from within the minority community on merit-cum-means basis with the
consent of the minority educational college or institution as prescribed and the
rest in the order of merit in accordance with interse merit, both from the rank list
prepared by the Commissioner for Entrance Examinations, based on the common
application prescribed in the appropriate prospectus published by the State
Government.
(9) A minority unaided professional college or institution may surrender
upto eighteen per cent of the seats to be filled up by the Commissioner for
Entrance Examinations from the specified seats and general merit seats in equal
proportion. The first portion shall be filled up on the basis of merit-cum-means
basis as prescribed. The second portion shall be filled up from the general merit
seats. Any seats not surrendered shall also be treated as minority seats and filled
up as such.
13
(10) A minority unaided Professional College or Institution may
surrender upto two per cent of the total number of sanctioned seats to be filled
up by students who have made outstanding contribution in the field of culture
or sports, on the basis of criteria as may be prescribed. Seats not so filled up
shall be filled up from general merit seats.
11. Invalidation of admissions.—Any admission made in violation of the
provisions of this Act or the rules made thereunder shall be invalid.
12. Higher Education Scholarship Fund.—(1) The Government may by
notification in the Gazette constitute a Fund called the Higher Education
Scholarship Fund for providing scholarship to socially and economically
backward students admitted in professional colleges or institutions on merit cum
means basis.
(2) The corpus of the fund shall be the contribution from the
Government, the amount of fine levied under this Act and the funds raised from
any other source including Non-Resident Indians.
(3) The fund shall be administered by an Administrator appointed by
the Government. The administration of the fund including the corpus shall be in
such manner as may be prescribed.
(4) The accounts of the Fund shall be audited annually by the
Accountant General.
(5) The Administrator shall before such date, in such form and at such
interval as may be prescribed submit a report to the Government and the
Government shall cause a copy of such report to be laid before the Legislative
Assembly.
13. Protection of action taken in good faith.—No suit, prosecution or
other legal proceedings shall lie against any member of the Admission
Supervisory Committee or Fee Regulatory Committee or any other officer of the
Government for anything which is done in good faith or intended to be done in
good faith under this Act.
14. Power of the Government to issue directions.—(1) The Government
may give such directions to any professional college or institution as in its
opinion are necessary or expedient for carrying out the purposes of this Act or
give effect to any of the provisions contained therein or in any rules or orders
made thereunder and the management of the college or institution shall comply
with every such direction.
14
(2) The Government may also give such directions to the officers or
authorities under its control which in its opinion are necessary or expedient for
carrying out the purposes of this Act.
15. Penalties.—(1) Whoever contravenes the provisions of this Act or
the rules made thereunder shall, on conviction be punishable with imprisonment
for a term which shall not be less than one year but which may extend to three
years and with fine which shall not be less than rupees fifty lakhs.
(2) A penalty under this section may be imposed without prejudice to
the penalty specified in any other law for the time being in force.
16. Cognizance of offence.—No court shall take cognizance of any offence
punishable under this Act except on a report in writing of the facts constituting
such offence made by an officer authorised by the Government in this behalf by
notification published in the Gazette.
17. Power to remove difficulties.—(1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, by order, as occasion
requires, but not later than two years from the date of commencement of this
Act, do anything not inconsistent with the provisions of this Act which appears
to them necessary for removing the difficulty.
(2) Every order issued under sub-section (1) shall be laid, as soon as
may be after it is issued, before the Legislative Assembly.
18. Special provisioins for admissions and fixation of fee for the
academic year 2006-07.—Notwithstanding anything contained in sub section
(4) of section 6, the Fee Regulatory Committee shall have the power to extend
the date of submission of documents and books of accounts for scrutiny for the
determination and fixation of fee for the year 2006-07 in such a way as to
facilitate admissions in accordance with the provisions of this Act during the
academic year 2006-07. The Fee Regulatory Committee shall be competent to fix
the fee provisionally for the academic year 2006-07 subject to final adjustments
later.
19. Power to make rules.—(1) The Government may, by notification in
the Gazette, make rules for the purpose of carrying into effect the provisions of
this Act.
(2) Every rule made under this section shall be laid, as soon as may be
after it is made, before the Legislative Assembly while it is in session for a total
period of fourteen days which may be comprised in one session or in two
successive sessions and if before the expiry of the session in which it is so laid
or the session immediately following, the Legislative Assembly makes any
15
modification to the rule or decides 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.
20. Repeal.—The Kerala Self-Financing Professional Colleges (Prohibition
of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004
(17 of 2004) is hereby repealed.
FEE, REGULATION OF ADMISSION, FIXATION OF NON-EXPLOITATIVE
FEE AND OTHER MEASURES TO ENSURE EQUITY AND
EXCELLENCE IN PROFESSIONAL EDUCATION)
BILL, 2006
(As Passed by the Assembly)
A
BILL
to provide for prohibition of capitation fee, regulation of admission, fixation of
non exploitative fee, allotment of seats to Scheduled Castes, Scheduled
Tribes and other socially and economically backward classes and other
measures to ensure equity and excellence in professional education and
for matters connected therewith or incidental thereto;
Preamble.—WHEREAS, the Hon’ble Supreme Court has held that where
there is more than one minority or non-minority institution or similarly situated
institution in the State imparting education in any one discipline, then a single
common entrance test followed by centralized counselling or in other words
single window system of admission is necessary in order to achieve the twin
objectives of transparency and merit and further has held that the State can take
over the admission procedure to ensure that it is fair, transparent and nonexploitative;
AND WHEREAS, it is considered that in the light of the past experiences of
mal-administration of the entrance test held by the Consortium/Association of
Private Professional Colleges in the State, all institutions of the same or similar
type, whether minority or non-minority shall be required to fill their seats on the
basis of merit determined through a single common entrance test followed by
centralised counselling by the State Commissioner for Entrance Examinations;
AND WHEREAS, in the Constitution (Ninety-third Amendment) Act, 2005,
a provision has been made under clause 5 of Article 15 as follows:—
“(5) Nothing in this article or in sub clause (g) of clause (1) of article
19 shall prevent the State from making any special provision, by law, for the
advancement of any socially and educationally backward classes of citizens or
for the Scheduled Castes or the Scheduled Tribes in so far as such special
provisions relate to their admission to educational institutions including private
educational institutions whether aided or unaided by the State, other than the
minority educational institutions referred to in clause (1) of article 30” ;
2
AND WHEREAS, the Supreme Court has further held that linguistic and
religious minorities are covered by the expression “minority” under Article 30
of the Constitution;
AND WHEREAS, the reorganization of the States in India has been made on
linguistic lines for the purpose of determining the minority, the unit shall be the
State and not the whole of India and therefore, religious and linguistic
minorities, who have been put at par in Article 30, have to be considered State-wise;
AND WHEREAS, it has been further held by the Supreme Court that
Article 30(1) is a sort of guarantee or assurance to the linguistic and religious
minority institutions of their right to establish and administer educational
institutions of their choice and secularism and equality being two of the basic
features of the Constitution, Article 30(1) ensures protection to the linguistic and
religious minorities, thereby preserving the secularism of the country;
AND WHEREAS, it has been further held that the principles of equality must
necessarily apply to the enjoyment of such rights and no law can be framed that
will discriminate against such minorities with regard to the
establishment and administration of educational institutions vis-a-vis other
educational institutions and any law or rule or regulation that would put the
educational institutions run by the minorities at a disadvantage when compared
to the institutions run by others, will have to be struck down and at the same
time, there also cannot be any reverse discrimination;
AND WHEREAS, the essence of Article 30(1) is to ensure equal treatment
between the majority and the minority institutions and no one type or category
of institution should be disfavoured or, for that matter, receive more favourable
treatment than another, since laws of the land, including rules and regulations,
must apply equally to the majority institutions as well as to the minority
institutions;
AND WHEREAS, keeping in mind the above formulation of the Supreme
Court on minority rights and also the unique socio-economic and demographic
complexion of the State in the context of the need and commitment to protect
and strengthen the secular ethoes and the long tradition of equitable sharing of
the opportunities for education among different communities prevailing in the
State, it is necessary to ensure that the benefits that accrue from minority rights
be equitably shared among different sections, including weaker sections, within
the minority community to which the particular college or institution belongs;
3
AND WHEREAS, it is necessary to provide freeship and scholarship to a
large number of economically weaker students to protect and strengthen the
State’s long tradition of providing equitable opportunities for education at all
levels of learning, and to promote social justice in accordance with the directive
principles of the Constitution, it is necessary to apply the principle of using the
excess funds generated from Non-Resident Indian seats for benefiting students
such as students from economically weaker sections of society as enunciated
by the Supreme Court as one of the considerations for the fixation of fee by the
competent authority appointed for the purpose and to set up a Higher
Education Scholarship Fund for providing scholarship to the socially and
economically weaker students;
BE it enacted in the Fifty-seventh Year of the Republic of India as
follows:—
1. Short title and commencement.—(1) This Act may be called the
Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee,
Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to
Ensure Equity and Excellence in Professional Education) Act, 2006.
(2) It shall come into force at once.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) ‘Admission Supervisory Committee’ means the Committee
constituted under section 4 for regulating admission in unaided professional
colleges or institutions ;
(b) ‘Aided College’ means a professional college or an institution
receiving recurring financial aid or grant-in-aid from any State or Central
Government and includes minority and non-minority professional college or
institution, as specified by the Government;
(c) ‘Capitation Fees’ means any amount by whatever name called
whether in cash or in kind paid or collected or received directly or indirectly in
addition to the fees determined under this Act ;
(d) ‘common entrance test’ means the entrance test conducted for
determination of merit of the candidates followed by centralised counselling for
the purpose of merit based admission to professional colleges or institutions
through a single window procedure by the State Commissioner for Entrance
Examinations ;
(e) ‘fee’ means all fees including tuition fee, development fee and
any other fee fixed by the Fee Regulatory Committee ;
4
(f) ‘Fee Regulatory Committee’ means the Committee constituted
under section 6 for determining the fee for admission to unaided professional
colleges or institutions ;
(g) “Freeship” means full or partial remission of tuition fee
awarded to Scheduled Caste and Scheduled Tribe and other socially,
educationally and economically backward students on merit-cum-means basis by
an unaided Professional College or institution as may be prescribed ;
(h) “general merit seats” means seats other than specified
seats, minority seats and Non-Resident Indian seats and notified as such by
Government or any agency authorised by it ;
(i) ‘Government’ means the Government of Kerala ;
(j) ‘Higher Education Scholarship Fund’ means the fund for
providing scholarship to socially and economically backward students on
merit-cum-means basis ;
(k) ‘management’ means any person or body by whatever
name called, under whose administration any unaided professional college or
institution is functioning ;
(l) ‘minority’ for the purpose of this Act means a community
belonging to a religious or linguistic minority as may be determined by
Government taking the State as a unit ;
(m) ‘minority professional college or institution’ means a professional
college or institution established and maintained by a minority that fulfills the
non-discriminatory criteria as laid down in this Act and determined as such by
the Government ;
(n) ‘minority seats’ means seats reserved for students who
belong to the community that runs the minority unaided professional college or
institution and filled up on the basis of interse merit in the manner as may be
prescribed from the rank list prepared by the Commissioner for Entrance
Examinations ;
(o) ‘Non-Resident Indian seats’ means seats reserved for
children or wards or dependents of Non-Resident Indians to whom admission is
given by the management in a fair, transparent and non-exploitative manner on
the basis of fees as may be prescribed ;
(p) ‘prescribed’ means prescribed by rules made under this
Act ;
5
(q) ‘privilege seats’ means seats filled up through the single window
system from the common merit list prepared by the Commissioner for Entrance
Examinations through the Common Entrance Test, on the basis of interse merit
from the applications submitted by the management of each unaided professional
college or institution, as may be prescribed ;
(r) ‘professional college or institution’ means a college or institution
aided or unaided imparting professional courses in any of the following
disciplines, namely:—
(a) Engineering and Technology ;
(b) Medicine, Dentistry, Pharmacy, Ayurveda, Homoeopathy,
Siddha and Nursing ;
(c) Teacher education or any other discipline as may be declared
by the Government by notification in the Gazette ;
(s) ‘qualifying examination’ means the examination as may
be prescribed as qualifying for the purpose of appearing for the Common
Entrance Test ;
(t) ‘single window system’ means the centralized system for
admission administered by the State Commissioner for Entrance Examinations to
professional courses in both aided and unaided, minority and non-minority
colleges or institutions ;
(u) ‘Specified seats’ means seats earmarked under sub-section (1) of
Section 10 ;
(v) ‘State’ means the State of Kerala ;
(w) ‘unaided professional college or institution’ means professional
college or institution which is not receiving aid or grant-in-aid from any State or
Central Government and includes minority and non-minority professional
colleges or institutions ;
(x) ‘University’ means a University established under any law made
by the Legislature of the State ;
3. Method of admission in Professional Colleges or Institutions.—
Notwithstanding anything contained in any other law for the time being in force
or in any judgment, decree or order of any Court or any other authority,
admission of students in all professional colleges or institutions to all seats
except Non-Resident Indian seats shall be made through Common Entrance Test
conducted by the State followed by centralised counselling through a single
window system in the order of merit by the State Commissioner for Entrance
Examinations in accordance with such procedure as may be specified by the
Government from time to time.
6
4. Admission Supervisory Committee.—(1) The Government shall
constitute an Admission Supervisory Committee to supervise and guide the
process of admission of students to unaided professional colleges or institutions
consisting of the following members, namely:—
(i) a retired Judge of the Supreme Court : Chairperson
or a High Court
(ii) the Secretary to Government : Member Secretary
Higher Education Department (ex-officio)
(iii) the Secretary to Government : Member
Health and Family Welfare
Department (ex-officio)
(iv) the Secretary to Government : Member
Law Department (ex-officio)
(v) the Commissioner for Entrance : Member
Examinations, Kerala (ex-officio)
(vi) an educational expert belonging to the : Member
Scheduled Caste or Scheduled Tribe
Community
(2) The Admission Supervisory Committee may adopt its own
procedure for the conduct of its business.
(3) The terms and conditions of service of the Chairperson and the
members of the Admission Supervisory Committee shall be as may be prescribed.
(4) No person who is associated with any unaided professional college
or institution shall be eligible for being a member of the Admission Supervisory
Committee.
(5) A member of the Admission Supervisory Committee shall be
removed if he or she does any act, which in the opinion of the Government, is
unbecoming of a member of the Committee. The member so removed shall not be
renominated to the Committee.
Provided that no such member shall be removed from the committee
without giving him or her an opportunity of being heard.
(6) The Admission Supervisory Committee shall supervise and guide
the entire process of admission of students to the unaided professional colleges
or institutions with a view to ensure that the process is fair, transparent,
merit-based and non-exploitative under the provisions of this Act.
(7) The Admission Supervisory Committee may hear complaints with
regard to admission in contravention of the provisions contained herein. If the
7
Admission Supervisory Committee after enquiry finds that there has been any
violation of the provisions for admission on the part of the unaided professional
colleges or institutions, it shall make appropriate recommendation to the Government
for imposing a fine upto rupees ten lakhs and the Government may on receipt
of such recommendation, fix the fine and collect the same in the case of
each such violation or any other course of action as it deems fit and the amount
so fixed together with interest thereon shall be recovered as if it were an arrear of
public revenue due on land. The Admission Supervisory Committee may also
declare admission made in respect of any or all seats in a particular college or
institution to be de-hors merit and therefore invalid and communicate the same to
the concerned University. On the receipt of such communication, the University
shall debar such candidates from appearing for any further examination and cancel
the results of examinations already appeared for.
(8) The Admission Supervisory Committee may if satisfied that any
unaided professional college or institution has violated any of the provisions of
this Act, recommend to the University or statutory body for withdrawal of the
affiliation or recognition of such college or institution or any other course of
action it deems fit.
5. Collection of capitation fee prohibited.—(1) No capitation fee shall be
collected by or on behalf of an unaided professional college or institution or by
any person who is in charge of or is responsible for the management of such
college or institution from or in relation to any candidate in consideration of his
or her admission to or continuance in any course of study or his or her
promotion to a higher class in such college or institution under the
management.
(2) Where the Admission Supervisory Committee on receipt of any
complaint or is otherwise satisfied that the management of an unaided
professional college or institution or any person who is in charge of it or is
responsible for the management of such college or institution has violated the
provisions of sub-section (1), the Admission Supervisory Committee may after
due enquiry recommend to the Government for taking penal action against the
management.
(3) The Admission Supervisory Committee shall have the power to
regulate its own procedure in all matters arising out of the discharge of its
functions, and 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 ;
8
(c) receiving evidence on affidavit ; and
(d) issuing commissions for the examinations of witnesses and for
local inspections
and any proceeding before such committee shall be deemed to be a judicial
proceeding within the meaning of section 193 and 228 and for the purposes of
section 196 of the Indian Penal Code (Central Act 45 of 1860).
6. Fee Regulatory Committee.—(1) The Government shall constitute a
Committee called the Fee Regulatory Committee for determination of the fee for
admission to the unaided professional colleges or institutions consisting of the
following members, namely :—
(i) a retired Judge of the Supreme Court or : Chairperson
High Court
(ii) the Secretary to Government either in charge : Member Secretary
of Health and Family Welfare or Higher
Education, as the case may be, depending on
the course of study
(iii) a Chartered Accountant nominated by the : Member
Government in consultation with the
Chairperson
(iv) a representative of either the Medical : Member
Council of India or the All India Council
for Technical Education, as the case may be,
depending on the course of study
(v) an educational expert nominated by the : Member
Government in consultation with the
Chairperson
(2) The Fee Regulatory Committee shall adopt its own procedure for
the conduct of its business.
(3) The terms and conditions of service of the Chairperson and other
members of the Fee Regulatory Committee shall be as may be prescribed.
(4) The Fee Regulatory Committee shall have power to:—
(a) require each unaided professional college or institution to
place before the Committee the proposed fee structure of such college or
institution with all relevant documents and books of accounts for scrutiny well
in advance of the commencement of the academic year i.e. not later than 31st
December of the previous academic year ;
9
(b) verify whether the fee proposed by each college or institution
is justified and it does not amount to profiteering or charging of capitation fee ;
(c) approve the fee structure or determine some other fee which
can be charged by the college or institution.
(5) The fee determined by the Committee shall be binding on the
unaided professional college or institution for a period of three years. The fee
so determined shall be applicable to a candidate who is admitted to a college or
institution in that academic year and shall not be revised till the completion of
his course in the said college or institution. No unaided professional college or
institution shall collect a fee amounting to more than one year’s fee from a
candidate in an academic year. Collection of more than one year’s fee in an
academic year shall be construed as collection of capitation fee and shall be
liable to be proceeded against.
(6) No person who is associated to any unaided professional college
or institution shall be eligible for being a member of the Fee Regulatory
Committee.
(7) A member of the Fee Regulatory Committee shall cease to be so if
he performs any act, which in the opinion of the Government, is unbecoming of
a member of the Committee :
Provided that no such member shall be removed from the Committee
without giving him an opportunity of being heard.
(8) The Fee Regulatory Committee shall have the power to regulate its
own procedure in all matters arising out of the discharge of its functions, and
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
and any proceeding before such Committee shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 and for the purpose of
section 196 of the Indian Penal Code (Central Act 45 of 1860).
10
7. Factors for determination of fee.—The Fee Regulatory Committee shall
determine and fix the fee or fees to be charged by an unaided professional
college or institution taking into consideration the factors, such as,—
(a) the obligation on the part of all unaided professional colleges or
institutions to provide freeship to a minimum of fifty percent of the students
admitted and the additional expenses, if any, required for the same over and
above the excess funds generated from Non-Resident Indians, charity on the part
of managements and contribution by the Government for providing freeship for
scheduled caste or scheduled tribe students ;
(b) the nature of the professional course ;
(c) the available infrastructure ;
(d) the expenditure on administration and maintenance ;
(e) a reasonable surplus required for the growth and development of
the college ;
(f) any other factor as the Committee may deem fit.
8. Determining factors for according recognition and conferring status
as un-aided minority professional college or institution.—A minority unaided
professional college or institution established and maintained by any linguistic
or religious minority shall be accorded recognition and conferred status as an
un-aided minority professional college or institution only if it satisfies all the
following conditions of demographic equivalence between the minority
community to which the college belongs and the non-minority community of the
State, taken as a single unit, namely:—
(a) the population of the linguistic or religious minority community in
the State which runs the professional college or institution shall be lesser than
fifty percent of the total population of the State.
(b) the number of professional colleges or institutions run by the
linguistic or religious minority community in the State to which the college or institution
belongs shall be proportionately lesser than the number of professional
colleges or institutions run by the non-minority community in the State.
(c) the number of students belonging to the linguistic or religious
minority community to which the college or institution belongs undergoing
professional education in all professional colleges or institutions in the State
shall be proportionately lesser than the number of students belonging to the
non-minority community undergoing professional education in all professional
colleges or institutions in the State.
9. Fees not to be collected excessively.—(1) No unaided professional
college or institution shall collect any fee by whatever name called from the
candidate for admission over and above the fee determined by the Fee
Regulatory Committee and the fee prescribed by the University concerned:
11
Provided that the Fee Regulatory Committee shall fix the fee for Non-
Resident Indian seats and the amount so collected over and above the fee fixed
for other students in the College or institution in such seats shall be utilised for
providing freeship to socially and economically backward students.
(2) All unaided professional colleges or institutions shall provide
freeship to the extent prescribed for a minimum of fifty per cent of the students
admitted.
(3) Any officer of the State or Central Government or any other public
officer or authority who issues an income certificate which conceals the actual
income of the person to whom the certificate is issued and any recipient of such
certificate who by making use of the certificate claims any benefit with regard to
freeship or scholarship shall be liable for penalty under section 15 of the Act.
(4) Notwithstanding anything contained in any other provisions of
this Act, the fixation and levy of fees at the rates fixed by the Committee
constituted before the date of coming into force of this Act shall be deemed to
be validly fixed and collected.
10. Allotment of seats.—(1) In every professional college or institution
other than a minority college,—
(a) ten per cent of the total number of sanctioned seats shall be
earmarked for the Scheduled Castes and Scheduled Tribes ;
(b) twenty-five per cent of the total number of sanctioned seats to
the Other Socially and Educationally Backward Classes ;
(c) three per cent of the total number of sanctioned seats shall be
earmarked for physically challenged persons ; and
(d) twelve per cent of the total number of sanctioned seats shall be
earmarked for the other sections of society not covered under items (a), (b) and
(c) of this sub-section on merit-cum-means basis :
Provided that in an unaided professional college or institution the
provisions in item (c) and (d) shall apply in accordance with the consensus
based on mutual agreement arrived at between the unaided professional college
or institution and the Government and following such principles and in such
manner as may be prescribed:
Provided further that the admissions contemplated in items (b), (c) and (d)
above shall be in compliance with the rules as may be prescribed.
(2) In an unaided professional college or institution belonging to both
minority and non-minority, upto fifteen per cent of the total number of
sanctioned seats may be filled by candidates under the category of
Non-Resident Indian seats. Seats not filled up under Non-Resident Indian seats
shall be filled up from general merit seats.
12
(3) In an unaided professional college or institution belonging to both
minority and non-minority community, upto fifteen per cent of the total number of
sanctioned seats may be filled by candidates under the category of privilege
seats in the manner as may be prescribed. Seats not filled up under privilege
seats shall be filled up from general merit seats.
(4) In an unaided non-minority professional college or institution eighteen
per cent of the total number of sanctioned seats shall be filled up from general
merit seats.
(5) In an unaided non-minority professional college or institution two
per cent of the total number of sanctioned seats shall be filled up by students
who have made outstanding contribution in the field of culture or sports, on the
basis of criteria as may be prescribed. Seats not so filled up shall be filled up
from general merit seats.
(6) Where students of specified categories surrender the seats after
selection, the same shall be filled by the candidates belonging to the same
category from the merit list of the Common Entrance Test.
(7) Where the seats specified for the Scheduled Castes or Scheduled
Tribes and other socially and economically backward classes are left unfilled due
to non-availability of candidates from the same category, the seats shall be filled
up by rotation from other categories within the specified seats as may be
prescribed. Provided that any spill over thereafter arising shall be filled up from
the general merit seats.
(8) A Minority unaided professional college or institution shall admit not
less than fifty per cent of the students from within the State from the minority
community to which the college or institution belongs. Fifty per cent of such
seats may be filled up from among the socially and economically backward
sections from within the minority community on merit-cum-means basis with the
consent of the minority educational college or institution as prescribed and the
rest in the order of merit in accordance with interse merit, both from the rank list
prepared by the Commissioner for Entrance Examinations, based on the common
application prescribed in the appropriate prospectus published by the State
Government.
(9) A minority unaided professional college or institution may surrender
upto eighteen per cent of the seats to be filled up by the Commissioner for
Entrance Examinations from the specified seats and general merit seats in equal
proportion. The first portion shall be filled up on the basis of merit-cum-means
basis as prescribed. The second portion shall be filled up from the general merit
seats. Any seats not surrendered shall also be treated as minority seats and filled
up as such.
13
(10) A minority unaided Professional College or Institution may
surrender upto two per cent of the total number of sanctioned seats to be filled
up by students who have made outstanding contribution in the field of culture
or sports, on the basis of criteria as may be prescribed. Seats not so filled up
shall be filled up from general merit seats.
11. Invalidation of admissions.—Any admission made in violation of the
provisions of this Act or the rules made thereunder shall be invalid.
12. Higher Education Scholarship Fund.—(1) The Government may by
notification in the Gazette constitute a Fund called the Higher Education
Scholarship Fund for providing scholarship to socially and economically
backward students admitted in professional colleges or institutions on merit cum
means basis.
(2) The corpus of the fund shall be the contribution from the
Government, the amount of fine levied under this Act and the funds raised from
any other source including Non-Resident Indians.
(3) The fund shall be administered by an Administrator appointed by
the Government. The administration of the fund including the corpus shall be in
such manner as may be prescribed.
(4) The accounts of the Fund shall be audited annually by the
Accountant General.
(5) The Administrator shall before such date, in such form and at such
interval as may be prescribed submit a report to the Government and the
Government shall cause a copy of such report to be laid before the Legislative
Assembly.
13. Protection of action taken in good faith.—No suit, prosecution or
other legal proceedings shall lie against any member of the Admission
Supervisory Committee or Fee Regulatory Committee or any other officer of the
Government for anything which is done in good faith or intended to be done in
good faith under this Act.
14. Power of the Government to issue directions.—(1) The Government
may give such directions to any professional college or institution as in its
opinion are necessary or expedient for carrying out the purposes of this Act or
give effect to any of the provisions contained therein or in any rules or orders
made thereunder and the management of the college or institution shall comply
with every such direction.
14
(2) The Government may also give such directions to the officers or
authorities under its control which in its opinion are necessary or expedient for
carrying out the purposes of this Act.
15. Penalties.—(1) Whoever contravenes the provisions of this Act or
the rules made thereunder shall, on conviction be punishable with imprisonment
for a term which shall not be less than one year but which may extend to three
years and with fine which shall not be less than rupees fifty lakhs.
(2) A penalty under this section may be imposed without prejudice to
the penalty specified in any other law for the time being in force.
16. Cognizance of offence.—No court shall take cognizance of any offence
punishable under this Act except on a report in writing of the facts constituting
such offence made by an officer authorised by the Government in this behalf by
notification published in the Gazette.
17. Power to remove difficulties.—(1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, by order, as occasion
requires, but not later than two years from the date of commencement of this
Act, do anything not inconsistent with the provisions of this Act which appears
to them necessary for removing the difficulty.
(2) Every order issued under sub-section (1) shall be laid, as soon as
may be after it is issued, before the Legislative Assembly.
18. Special provisioins for admissions and fixation of fee for the
academic year 2006-07.—Notwithstanding anything contained in sub section
(4) of section 6, the Fee Regulatory Committee shall have the power to extend
the date of submission of documents and books of accounts for scrutiny for the
determination and fixation of fee for the year 2006-07 in such a way as to
facilitate admissions in accordance with the provisions of this Act during the
academic year 2006-07. The Fee Regulatory Committee shall be competent to fix
the fee provisionally for the academic year 2006-07 subject to final adjustments
later.
19. Power to make rules.—(1) The Government may, by notification in
the Gazette, make rules for the purpose of carrying into effect the provisions of
this Act.
(2) Every rule made under this section shall be laid, as soon as may be
after it is made, before the Legislative Assembly while it is in session for a total
period of fourteen days which may be comprised in one session or in two
successive sessions and if before the expiry of the session in which it is so laid
or the session immediately following, the Legislative Assembly makes any
15
modification to the rule or decides 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.
20. Repeal.—The Kerala Self-Financing Professional Colleges (Prohibition
of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004
(17 of 2004) is hereby repealed.
Categorisation of grave offences.. circular by Kerala Police.
No.D1/102359/09
Police Headquarters
Kerala, Thiruvananthapuram
Dated. 09/03/2010
CIRCULAR No. 11/2010
Sub:- Categorization of Grave Crimes - Regarding
Ref:- (1) Police Standing Order 309 (Kerala Police Manual Volume II)
(2) Circular No. 3/84 (No. K5/965984/1984)
(3) Circular No. 17/87 (No. K5/82900/86 dt. 06/07/1987)
(4) Circular No. 10/87 (No. D14/52216/89 dt. 06/06/1989)
(5) Circular No. 10/90 (No. D14/83839/89 dt. 15/03/1990)
(6) Circular No. 38/90 (No. D15/44733/90 dt. 9/90)
(7) Circular No. 9/92 (No. Confidential I/114770/89 dt. 19/03/1992)
(8) Circular No. 18/98 (No. D14/36579/98 dt. 12/05/1998)
(9) Circular No. 25/07 (No. U4/75230/70 dt. 22/09/2007)
I. Categorisation of grave crimes was last ordered vide Circular No. 18/98 dated 12/05/1998. This requires a review because of unprecedented increase in the price of gold, inflation, rise in general income levels and increasing number of cases which are to be investigated personally by the CIs and Sub-divisional Police Officers due to statutory obligations. It is also felt that some of the cases which presently fall within the definition of Grave Crime are to be taken out of the category as the workload in respect of investigation of cases by CIs and their supervision by the Sub-divisional Police Officers has increased considerably. The excessive workload adversely affects the quality of investigation of serious cases which actually need more time and attention from Officers of higher ranks. Hence with a view to focus the personal attention of the Sub-divisional Police Officers on cases of a grave nature and to improve the quality of investigation in such selected cases, it has been decided to modify and revise the norms for categorisation of Grave Crimes.
II. The following crimes will be treated as Grave Crimes with effect from 01/04/2010:-
(1) All cases of Murder and Attempt to Murder.
(2) All cases of Culpable Homicide not amounting to Murder.
(3) All cases of Dacoity.
(4) Robbery/ Housebreaking and Theft cases in which value of property is Rs. 50,000/- or above and cases of Ordinary Theft in which value of property is Rs 1 Lakh and above.
(5) All cases u/s 304(A) IPC involving loss of 2 or more lives.
(6) Hit and Run cases of 304(A) in which the accused and vehicle are not known even after 24 hours of the registration of the case.
2
(7) Railway Accidents involving loss of human lives, suspected sabotage or serious accidents and offences under Sec.126 of the Indian Railway Act.
(8) Cognizable Offence registered against Police Officers of any rank not on leave.
(9) All cases u/s 305 IPC involving Abetment of Suicide of child or insane person.
(10) All Cases u/s 363 (A) IPC. - involving Kidnapping or Maiming a minor for purposes of begging.
(11) All Cases u/s 364 & 364(4) IPC - involving Kidnapping and Abduction in order to Murder and for Ransom.
(12) All Offences under the NDPS Act except those under Sec. 27 of the Act.
(13) Cases u/s 498 (A) IPC in which the victim happens to die and all cases u/s 304 (B) IPC involving Dowry Death.
(14) Offences u/s 376 IPC.
(15) Negligent handling of Explosive Substances resulting in death of one or more persons.
(16) Attacks on Foreigners, resulting in Grievous Hurt to the victims.
(17) Cheating and dishonestly inducing delivery of property wherein the amount involved exceeds Rs.10 Lakhs whether from one victim or more than one victim or in one instance or in more than one instance perpetrated by the same group of persons.
III. Wherever any offence as prescribed in the statute or any statutory rule is to be investigated by an Officer of a particular rank, it shall be done as per the dictates of the statute or rule though the offence may or may not be a Grave Crime.
Sd/-
DIRECTOR GENERAL OF POLICE
Police Headquarters
Kerala, Thiruvananthapuram
Dated. 09/03/2010
CIRCULAR No. 11/2010
Sub:- Categorization of Grave Crimes - Regarding
Ref:- (1) Police Standing Order 309 (Kerala Police Manual Volume II)
(2) Circular No. 3/84 (No. K5/965984/1984)
(3) Circular No. 17/87 (No. K5/82900/86 dt. 06/07/1987)
(4) Circular No. 10/87 (No. D14/52216/89 dt. 06/06/1989)
(5) Circular No. 10/90 (No. D14/83839/89 dt. 15/03/1990)
(6) Circular No. 38/90 (No. D15/44733/90 dt. 9/90)
(7) Circular No. 9/92 (No. Confidential I/114770/89 dt. 19/03/1992)
(8) Circular No. 18/98 (No. D14/36579/98 dt. 12/05/1998)
(9) Circular No. 25/07 (No. U4/75230/70 dt. 22/09/2007)
I. Categorisation of grave crimes was last ordered vide Circular No. 18/98 dated 12/05/1998. This requires a review because of unprecedented increase in the price of gold, inflation, rise in general income levels and increasing number of cases which are to be investigated personally by the CIs and Sub-divisional Police Officers due to statutory obligations. It is also felt that some of the cases which presently fall within the definition of Grave Crime are to be taken out of the category as the workload in respect of investigation of cases by CIs and their supervision by the Sub-divisional Police Officers has increased considerably. The excessive workload adversely affects the quality of investigation of serious cases which actually need more time and attention from Officers of higher ranks. Hence with a view to focus the personal attention of the Sub-divisional Police Officers on cases of a grave nature and to improve the quality of investigation in such selected cases, it has been decided to modify and revise the norms for categorisation of Grave Crimes.
II. The following crimes will be treated as Grave Crimes with effect from 01/04/2010:-
(1) All cases of Murder and Attempt to Murder.
(2) All cases of Culpable Homicide not amounting to Murder.
(3) All cases of Dacoity.
(4) Robbery/ Housebreaking and Theft cases in which value of property is Rs. 50,000/- or above and cases of Ordinary Theft in which value of property is Rs 1 Lakh and above.
(5) All cases u/s 304(A) IPC involving loss of 2 or more lives.
(6) Hit and Run cases of 304(A) in which the accused and vehicle are not known even after 24 hours of the registration of the case.
2
(7) Railway Accidents involving loss of human lives, suspected sabotage or serious accidents and offences under Sec.126 of the Indian Railway Act.
(8) Cognizable Offence registered against Police Officers of any rank not on leave.
(9) All cases u/s 305 IPC involving Abetment of Suicide of child or insane person.
(10) All Cases u/s 363 (A) IPC. - involving Kidnapping or Maiming a minor for purposes of begging.
(11) All Cases u/s 364 & 364(4) IPC - involving Kidnapping and Abduction in order to Murder and for Ransom.
(12) All Offences under the NDPS Act except those under Sec. 27 of the Act.
(13) Cases u/s 498 (A) IPC in which the victim happens to die and all cases u/s 304 (B) IPC involving Dowry Death.
(14) Offences u/s 376 IPC.
(15) Negligent handling of Explosive Substances resulting in death of one or more persons.
(16) Attacks on Foreigners, resulting in Grievous Hurt to the victims.
(17) Cheating and dishonestly inducing delivery of property wherein the amount involved exceeds Rs.10 Lakhs whether from one victim or more than one victim or in one instance or in more than one instance perpetrated by the same group of persons.
III. Wherever any offence as prescribed in the statute or any statutory rule is to be investigated by an Officer of a particular rank, it shall be done as per the dictates of the statute or rule though the offence may or may not be a Grave Crime.
Sd/-
DIRECTOR GENERAL OF POLICE
Guidelines issued by Supreme Court on compounding of Cheque cases.
CRIMINAL APPEAL NO. 963 OF 2010
[Arising out of SLP (Crl.) No. 6369 of 2007]
Damodar S. Prabhu ... Appellant (s)
Versus
Sayed Babalal H. ... Respondent (s)
THE GUIDELINES
(i) In the circumstances, it is proposed as follows:
(a) That directions can be given that the Writ of Summons
be suitably modified making it clear to the accused that
he could make an application for compounding of the
offences at the first or second hearing of the case and
that if such an application is made, compounding may be
allowed by the court without imposing any costs on the
accused.
(b) If the accused does not make an application for
compounding as aforesaid, then if an application for
compounding is made before the Magistrate at a
subsequent stage, compounding can be allowed subject
to the condition that the accused will be required to pay
10% of the cheque amount to be deposited as a condition
for compounding with the Legal Services Authority, or
such authority as the Court deems fit.
(c) Similarly, if the application for compounding is made
before the Sessions Court or a High Court in revision or
appeal, such compounding may be allowed on the
condition that the accused pays 15% of the cheque
amount by way of costs.
(d) Finally, if the application for compounding is made
before the Supreme Court, the figure would increase to
20% of the cheque amount.
HOW TO LODGE COMPLAINT IN A CONSUMER COURT KERALA ?
For draft complaint forms and provisions in consumer act..
Money lenders without licence will be booked on criminal case. New circular from Kerala Police.
Application for license .. doing money lending business wether commercial or personal is mandatory in Kerala. The Police can book if a complaint is given by the debtor that he is being harassed by the money lender for getting back the money..
Requires registration mandatory for the Money lenders.
Sub Rule (1) of Rule 3 of The Money Lenders .. law.
Requires registration mandatory for the Money lenders.
how to register a partnership firm?
Partnership not created by 'status' bur from 'contract'.
Section 58 of the Act deals with the registration of partnership firm.
Documents needed:
1. Amount of capital contributed
2. profit or loss sharing ratio
3. salary or commission of the partner
4. duration of business
5 name and address of partners
6. duty and powers of partners
7. nature and place of business
8. any other terms and conditions
Along with regn form and other docs.
Rehabilitation and Settlement - new law in India.. Draft pending still 2005..
Saturday, 12 June 2010
traffic offences and fine... kerala police and Motor Vehicles Act.
OFFENCE AND PENALITIES
| NOTIFICATION (G . O . (P) No. 14/2010 dt. 02.03.2010 ) | |||||
| Sl No | Name of offence | Section & Rules | Penal Section | Amount | Remarks |
| | | | | | |
| 1 | General provision for punishment of offences | | 177 | 100.00 | |
| 2 | Penalty for traveling without pass or ticket and for dereliction of duty on the part of conductor | | 178 (1) | 500.00 | |
| 178 (2) | 500.00 | ||||
| 3 | Refusal of ply contract carriage | | 178(3) | 50.00 | in case of two wheeler or three wheeled motor vehicles |
| 200.00 | in the case of other vehicles. | ||||
| 4 | Disobedience of orders obstruction and refusal of information | | 179(1) 179(2) | 500.00 500.00 | |
| 5 | Allowing unauthorized persons to drive vehicles | | 180 | 1000.00 | |
| 6 | Driving vehicles in contravention of Section 3 or Section 4 | | 181 | 500.00 | |
| 7 | Offences relating to licenses | | 182(1) | 500.00 | in the case of NTV |
| 500.00 | in the case of TV | ||||
| 8 | Disqualified person holding conductors license or act as conductor | | 182 (2) | 100.00 | |
| 9 | Driving at excessive speed | | 183 (1) | 400.00 | in the case of NTV |
| 400.00 | in the case of TV | ||||
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