THE HARYANA PRIVATE HEALTH SCIENCES EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION, FIXATION OF FEE AND MAINTENANCE OF EDUCATIONAL STANDARDS) ACT, 2012

Short t it le

De finit ions

72 HARYANA GOVT. GAZ. (EXTRA.), APR II. 2012
(CHTR. 22, 1934 SAKA)

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The IlthApril, 2012

No. following Act of the Legislature of the State of
Haryana received the assent of the Governor of Haryana on the 30th March, 2012,

IIARYANA ACT NO. 9 OF 20 12

THE HARYANA PRIVATE HEALTH SCIENCES EDUCATIONAL
INSTITUTIONS (REGULATION OF ADMISSION,

FIXATION OF FEE AND MAINTENANCE OF
EDUCATIONAL STANDARDS) ACT, 2012

AN

Act
to provide for the regulation of admission, fixation of fre and maintenance

of educational standards in private health sciences educational
institutions in the State of Haryana and for the

matters connected therewith or
incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Sixty-third
Year of the Republic of India as follows :--

1. This Act may be called the Haryana Private Health Sciences
Educational Institutions (Regulation o f Admission. Fixation o f . Fee and
Maintenance of Educational Standards) Act, 2012.

2. In this Act, unless the context otherwise requires, -

(a) "aided institution" means a private institution including a
minori ty institution, receiving recurring financial aid or
assistance in whole or in part from the Central Government,
State Government or any local body;

(b) "common entrance test" means an entrance test, conducted by
the State Government or any other agency authorized by it;

(c) "Director" means Director, Medical Education and Research,
Haryana;

(d) "fee" means any amount charged by a private institution from
a student, in any manner or under any nomenclature and includes
all expenses relating to studies, hostel and transport;

(e) "course" means a health science course after completion of
which a degree, diploma or certificate is conferred upon a
student in Modern System of Medicine or Indian System of
Medicine or nursing or any other para-medical course recognized
by respective regulatory authority;



HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2012 73
(CHTR. 22, 1934 SAKA)

(f) "Fee and Admission Committee" means a Committee constituted
under section 7 of this Act;

(g) "Indian System of Medicine" means a system of medicine which
includes Ayurveda, Unani, Siddha, Homeopathy, Naturopathy,
Yoga and such other disciplines, as may be notified;

(h) "management category" means a category of seats reserved for
filling up by management out of the sanctioned intake of private
institution;

(i ) "minority" means a community declared as such by the State
Government, by notification;

(j) "minority insti tution" means a private institution imparting
course established and administered by a minority;

(k) "Modern System of Medicine" means a system of medicine
which includes all branches of modem medicine and dentistry
dealing with pre -clinical, para-clinical, clinical, para-medical
and para-dental disciplines at the diploma or degree level or
above and such other disciplines, as may be prescribed,

(I) "non resident Indian" means the wards of an Indian having the
status of Non -Resident Indian under the law or a student seeking
admission having the status of non-resident Indian;

(m) "non-resident Indian category" means a category of ,..tats
reserved for filling up by non-resident Indians;

(n) "open merit category" means a category of seats other than

(o) "para medical course" means a course in nursing, multi purpose
health workers (sitnrw), radiographer, ophthalmic assistant,
operation theatre assistant, lab technician, pharmacist and such
other course;

(p) "prescribed" means prescribed in the rules;

(q) "private health science educational institution" means a private
health science educational institution located in the State
(hereinafter referred to as a private institution), which is not
established and administered by the Central Government or
State Government or a local body, offering degree, diploma or
certificate course in Modern System of Medicine or Indian
System of Medicine, nursing or para medical or any of its
branches as recognized by respective regulatory authority and
includes aided institution and unaided institution;

(r) "qualifying examination" means an examination, passing of
which is mandatory for a student to get admission to a course
in private institution;

(s) "regulatory authority" means a body which has been vested
with powers of regulation of a degree, diploma or certificate in



Elig ib i l i ty and
admission.

Al location o f
seats.

74 HARYANA GOVT. GAZ. (EXTRA.), APR. II , 2012
(CHTR. 22. 1934 SAKA)

Modern System of Medicine . Indian System of Medicine,
nursing or any of its  branches by Central Government, State
Government, any University or by any Statutory or other body
which ,has powers of affiliation, recognition or accreditation of
certificate, diploma or degree, as the case may be;

(t) "sanctioned intake" means the total number of seats, sanctioned
by appropriate regulatory authority, for admitting students in
each course of study in  private institution;

(u) "State Government" means the Government of the State of
Haryana;

(v) "unaided institution" means a private institution which is not
getting an aid from the Central Government, State Government
or any local body.

3. (1) The eligibility  criteria for admission to a course in a private
institution shall be such, as determined by the concerned regulatory authority,
from time to time.

(2) The State Government shall specify the admission procedure to
a course on the basis of common entrance test, merit in  qualifying examination
or any other fair, suitable and transparent method.

(3) The common entrance test shall be conducted by the State
Government or any other agency authorized by it for making admissions to the
private institutions in the State in accordance with the procedure. as may be
prescribed or notified.

(4) Admission to the open merit category seats shall be made on the
basis of common entrance test or any other procedure as may be prescribed.
Admission to management category or non resident Indian category shall be made
on the basis of inter -se -merit of the candidates in the common entrance test or
qualifying examination or any other suitable method through the centralized
receipt of applications and centralized counseling or any other fair procedure, as
notified by the State Government, from time to time:

Provided that different methods may be notified for non-resident
Indian category or management category by the State Government.

4. ' 0 ) The Government shall, by notification, allocate seats for the
open merit category, management category and non resident Indian category or
any other category for every private institution:

Provided that the total number of seats for management category
shall not exceed fifty  per cent of the total sanctioned intake:

Provided further that the total number of seats for non-resident
Indian category shall not be more than fifteen per cent of the total sanctioned



HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2012 75
(CHTR. 22, 1934 SAKA)

intake and this fifteen per cent shall be out of the seats reserved for management
category:

Provided further that if seats for non-resident Indian category
remain vacant, the same shall be filled from the management category:

Provided further that if there remains vacancy-in management
category, the same shall be filled from the open merit category but in case of
vacancy in the open merit category, the same may be filled up as per procedure
notified by the State Government.

(2) The State Government may prescribe the procedure for making
admission by the minority institution.

5. The State Government may direct the private instituticn to make Reservation

reservation of seats in the manner, as may be prescribed.

6. Every private institution shall be affiliated and recognized by a Af f i l iat ion.

regulatory authority.

7. (1) The State Government may constitute a Fee and Admission
Committee consisting of such members, as may be notified by the State
Government. The committee shall recommend the mode of admission, making of
reservation, allocation of seats and fixation of fees etc., to the State Government
and may follow procedure as laid down in sub -sections (1),(2) and (3) of
section 8.

(2) Notwithstanding anything contained in sub -section (1) abovL
the State Government shall have the power to review the fee structure recommenc4
by any such committee and fix fee.

(3) The Government may, review the fee structure as recommended
by the committee formed for this purpose, prior to the commencement of this Act.

8. (1) The State Government shall, on its own motion or on the
recommendation of  the Committee, consider the fol lowing factors while
determining fee to be charged by a private institution, namely: ---

(a) nature of courses or curriculum;

(b) capital cost of land, building and equipment;

(c) operational expenditure of the private institution;

(d) expenditure incurred or being incurred on faculty, administration
and maintenance of the private institution;

(e) reasonable fund required for growth and development of private
institution;

(f) facilities available in the private institution;

(g) age of the private institution; and

tee And Adrnis
sion Committee.

Fixat ion o f fee.



Maintenance  o f
standards and
qual i ty.

Enqu iry.

76 HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2012
(CHTR. 22, 1934 SAKA)

(h) any other relevant factor, which the State Government deems
just and appropriate for the determination of fee.

(2) For the purpose of determining fee, the State Government may
require any private institution to furnish such information, as it may deem
appropriate.

(3) The State Government before determining fee under sub-
section (1), shall give private institution and the representatives of the students
already studying therein, a reasonable opportunity to exPress their view points in
writing with respect to the determination of fee.

(4) Notwithstanding anything contained in sub -sections (1). (2)
and (3), the State Government may in public interest determine a provisional fee
till the determination of fee:

Provided that the State Government shall within a period of
ninety days from the fixation of such provisional fee, fix fee in accordance with
the provisions of sub -sections (1), (2) and (3).

9. ( I ) The State Government shall ensure that the private institutions
are providing good quality education, complying with norms of infrastructure,
faculty, training facilities, discipline and other academic standards as prescribed
by regulatory authority.

(2) The State Government may issue a notification or pass any such
orders, as it deems appropriate for maintaining proper quality and standard of
education.

(3) The State Government may require a private institution to file
such return, as may be prescribed or provide such information, as it deems
appropriate in the prescribed form, in the interest of quality of education.

(4) The State Government upon finding any deficiency or violation
by the private institution or otherwise, may issue directions to take corrective
action within such time, as may be specified:

Provided that in case of non-compliance of the directions so
issued within specified period, the State Government may, impose a fine, as per
the provisions of the Act.

10. (1) The Director shall be competent authority to receive complaints
against the violation of the provisions of this Act, rules or notification issued
thereunder and may cause an enquiry to be conducted into the allegations levelled
by the complainant.

(2) The Director shal l fi le the complaint, if in its opinion, i t is
vexatious, anonymous or pseudonymous complaint or pass such orders, as he may
deem appropriate.



HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2012 77
(CHTR. 22, 1934 SAKA)

(3) The Director may direct the complainant to furnish additional
information or an affidavit in support of his allegations.

(4) The Director while holding the inquiry, shall have the powers
of civil court to access, obtain and scrutinize the records of the private institutions
as well as summoning of any person or any relevant official record, which he may
deem necessary.

(5) The Director, if after holding the enquiry, finds that the private
institution has violated any provision of the Act, rules, notification or direction
issued thereunder, it may, --

(a) impose a fine on such private institution, which may
extend to five lac rupees; or

(b) pass such other appropriate order, as it deems necessary.

11. The State Government, if it is satisfied that a private institution is Power of the State

charging fee more than fee fixed by the Government or has violated any provision Government.

of this Act, rules or any notification issued thereunder,

(a) recommend the withdrawal of affiliation or recognition of such
private institution from the regulatory authority to which such
institution is affiliated or recognized:

Provided that interest of the validly admitted students in
the private institution shall be protected while adopting such
means, as are considered appropriate ; or

(b) direct such institution to cancel the admission or registration of
a student, who has been admitted to such institution in violation
of the provisions of this Act or the notification issued there
under; or

(c) direct such institution to admit any student to whom admission
has been wrongly denied; or

(d) pass any other orders, as it deem appropriate.

12. ( I ) The State Government or Director may impose a fine on a
private institution, if it is found guilty of charging fee more than the fee fixed by
the State Government, which may extend to fifteen times of the excess fee charges
and if not paid otherwise, shall be recovered as arrears of land revenue.

(2) The State Government or Director may impose a fine upto five
lac rupees on a private institution, if it fails to comply with the directions or orders
issued under this Act:

Impos it ion o f
f ine.

Provided that no fine shall be imposed unless a show cause notice has
been issued to a private institution.

13. Any private institution aggrieved by an order made by the Director, Appeal.

may, within a period of sixty days of communication to it, prefer an appeal to the
State Government, in such form and manner, as may be prescribed:



Cred it  o f f ine

Aud it

Inspection

Committee.

Powers to issue
direct ion.

Power to remove
dif f icult ies,

Powers to make
rules.

Pro tec tion of
ac tion taken in
good f aith.

78 HARYANA GOVT. GAZ. (EXTRA.), APR. 11. 2012
(CHTR. 22, 1934 SAKA)

Provided that the State Government may entertain an appeal after the
expiry of the said period of sixty days, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.

14. The amount of fine imposed under this Act shall be credited to the
Consolidated Fund of the State.

15. The State Government shall have the power to order special audit to
consider whether the private institution is complying with the provisions of this
Act, rules, notifications or orders issued thereunder, if there are complaints of
violations of the provisions of the Act.

16. The State Government may constitute an Inspection Committee for
causing an inspection into the affairs of the private institution and to ensure that
the private institution is imparting quality education and complying with the
provisions of the Act, rules and notifications.

17. The State Government may, from time to time, issue directions to the
private institutions, as in its opinion, are necessary or expedient for carrying out
the purposes of this Act and the notifications issued thereunder and such institutions
shall comply with the directions, so issued.

18. (1) If any difficulty arises in giving effect to any of the provisions
of this Act, the State Government may, by an order published in the Official Gazette,
make such provisions, not inconsistent with the provisions of this Act, as may
appear to it to be necessary for removing the difficulty:

Provided that no such order shall be made after the expiry of
period of two years from the date commencement of this Act.

(2) Every order made under this section, shall be laid, as soon as
may be after it is made, before the Haryana State Legislature.

19. The Government may make rules to carry out the provisions of this
Act. To the extent of any inconsistency, provision of this Act shall prevail over
and supersede provisions of any other State law for the time being in force in the
State of Haryana.

20. No suit, prosecution or other legal proceedings shall lie against the
State Government or any officer or employee of the State Government or any other
person or authority, authorized by the State Government for anything which is
done or intended to be done in good faith under this Act or the notification issued
thereunder.

MANJ1T SINGH,

Secretary to Government Haryana,

Law and Legislative Department.