Functions, powers and procedure of Fees Regulating Authority.

§13

Summary

(1) The Fees Regulating Authority shall perform the following functions, namely :- (i) to determine the reasonableness of fees levied by unaided institutions on the basis of the factors specified in section 15; and to verify whether the fees so levied does not amount to profiteering or charging of capitation fees within the meaning of clause (a) of section 2 of the Maharashtra Educational Institutions (Prohibition of Capitation Fees) Act, 1987 (Mah. VI of 1988); (ii) scrutiny and verification of fee proposals of the unaided institutions and final approval thereof; (iii) to evolve the mechanism for verification of infrastructure facilities and amenities and to undertake the verification of such facilities and amenities; (iv) to undertake research studies, at such intervals as the Fees Regulating Authority may deem fit, for determining the professional coursewise expenses required to be made per student, for the unaided institutions in accordance with the mandatory guidelines of the appropriate authority concerned; and (v) to undertake measures for the redressal of grievances of the Stake-holders. (2) In the discharge of its functions under sub-section (1), the Fees Regulating Authority shall have the following powers, namely :- (i) scrutiny and verification of fee proposals and final approval thereof; (ii) to evolve mechanism for verification of infrastructure facilities, amenities and verification thereof in unaided institutions; (iii) redressal of grievances of the Stake-holders. (3) Notwithstanding anything contained in sub-sections (1) and (2) the Shulka Niyanttran Samiti existing on to the date of commencement of this Act shall continue to exercise the powers of the Fees Regulating Authority till such Authority is duly constituted under this Act. (4) In the discharge of its functions, and, for the purpose of making any inquiry under this Act, the Fees Regulating Authority shall have all powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely :- (i) the summoning and enforcing the attendance of any witness and examining him on oath; (ii) the discovery and production of any document; (iii) the reception of evidence on affidavits; (iv) the issue of commission for the examination of the witness. (5) The Fees Regulating Authority may constitute an enquiry committee of officers to verify the infrastructure facilities and amenities provided by the institutions as against the fee recovered from the students.

(1) The Fees Regulating Authority shall perform the following functions, namely :- (i) to determine the reasonableness of fees levied by unaided institutions on the basis of the factors specified in section 15; and to verify whether the fees so levied does not amount to profiteering or charging of capitation fees within the meaning of clause (a) of section 2 of the Maharashtra Educational Institutions (Prohibition of Capitation Fees) Act, 1987 (Mah. VI of 1988); (ii) scrutiny and verification of fee proposals of the unaided institutions and final approval thereof; (iii) to evolve the mechanism for verification of infrastructure facilities and amenities and to undertake the verification of such facilities and amenities; (iv) to undertake research studies, at such intervals as the Fees Regulating Authority may deem fit, for determining the professional coursewise expenses required to be made per student, for the unaided institutions in accordance with the mandatory guidelines of the appropriate authority concerned; and (v) to undertake measures for the redressal of grievances of the Stake-holders. (2) In the discharge of its functions under sub-section (1), the Fees Regulating Authority shall have the following powers, namely :- (i) scrutiny and verification of fee proposals and final approval thereof; (ii) to evolve mechanism for verification of infrastructure facilities, amenities and verification thereof in unaided institutions; (iii) redressal of grievances of the Stake-holders. (3) Notwithstanding anything contained in sub-sections (1) and (2) the Shulka Niyanttran Samiti existing on to the date of commencement of this Act shall continue to exercise the powers of the Fees Regulating Authority till such Authority is duly constituted under this Act. (4) In the discharge of its functions, and, for the purpose of making any inquiry under this Act, the Fees Regulating Authority shall have all powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely :- (i) the summoning and enforcing the attendance of any witness and examining him on oath; (ii) the discovery and production of any document; (iii) the reception of evidence on affidavits; (iv) the issue of commission for the examination of the witness. (5) The Fees Regulating Authority may constitute an enquiry committee of officers to verify the infrastructure facilities and amenities provided by the institutions as against the fee recovered from the students.

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