(1) Subject to the provisions of section10, the Fee Regulatory Committee shall determine the fee payable by students in the nongovernment educational institution.
(2) The Committee shall have power to,-
(a) require each non-government educational institution to place before the Committee, the proposed fee structure of such school along with all relevant documents and books of accounts for, scrutiny before such date as may be specified by the Committee;
(b) verify whether the fee proposed by the non-government educational institution justified and whether it amounts to profiteering or charging of exorbitant fee;
(c) approve the existing fee structure or determine the fee which can be charged by the non-government educational institution;
(d) verify whether the non-government educational institution operating within the territory of the State of Assam is recognized by the competent Authority of the State Government or affiliated to the Assam Higher Secondary Education Council or Board of Secondary Education, Assam or the Central Board of Secondary Education or the Council for Indian School Certificate Examinations or any other Board constituted by the State or the Central Government, as the case may be, and the institution imparts instruction prescribed by the Assam Higher Secondary Education Council or Board of Secondary Education, Assam or any other Board, as referred to above as the case may be;
(e) hear complaints or initiate suo moto hearing with regard to collection of excess fee by a non-government educational institution, as referred to above in Clause(d);
(f) regulate the fees charged by the school and penal action as per the provisions of this Act;
(g) report the matter to the State Government that the institution has collected excess fee and it has not complied with the provisions of the respective applicable Acts and rules made thereunder of the concerned Board for appropriate action.
(3) (a) For the purposes of this Act, the Fee Regulatory Committee while holding inquiry shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:-
(i) summoning and enforcing the attendance of any witness and examining him on oath;
(ii) requiring the discovery and production of any document:
(iii) receiving evidence on affidavit; and Act V of 1908 7
(iv) issuing commission for examination of witnesses for local inspection.
(b) All inquiries and revisions under this Act shall be deemed to be the judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860.
Act No.
45 of 1860 Power of State Government to notify maximum limits of fees.
9. The Fee Regulatory Committee shall recommend maximum limits of fees to be charged by different categories of non-government educational institutions every year before starting of the academic session taking into account the factors as mentioned under section 10 and the State Government shall notify the same in the Official Gazette, from time to time.
Exemption from appearance before Committee.