HRD ready with stiff law to check unfair practices

The proposed Bill prohibits institutions from accepting fees or charges without issuing receipts and mandates them not to admit any student without conducting admission tests.

The Bill categorically prohibits capitation fee sought either directly or indirectly by the institution and also that no capitation fee be offered by those seeking admission. It also provides for refund of percentage of fees deposited by the student,if subsequently he or she withdraws from the institution, the sources said.

If the ministry has its way,these institutions will be prohibited from refusing to return or withholding documents of a student if he or she decides not to take admission.

The Bill also seeks to curb other malpractices like over-pricing of prospectus,barring advertisements by institutions,mandating them to maintain records,including answer sheets and other relevant material,for every candidate appearing for entrance tests. The ministry will also seek the EGoMs nod for incorporating stiff penal provisions in the proposed Bill. It has proposed imposition of civil,monetary penalties which may extend to Rs 50 lakh for violation of provisions to be enforced through State Education Tribunals. These tribunals are to be established under the Education Tribunals Bill 2009, the sources said.

The Bill would provide for prosecution of offences for any contravention or attempt to contravene provisions of the Act and failure to pay the penalties imposed may lead to imprisonment ranging from one month to three years without or with a minimum of Rs 50,000 to Rs 5 lakh penalty.

The Planning Commission,the sources said,was of the view that the proposed law aptly sought to curb unfair practices which have been on the rise in medical and technical institutions and universities,particularly deemed universities and private institutions.