(1) Where the Admission Committee, on receipt of any complaint or otherwise satisfied after due inquiry, that the unaided professional educational college or institution has given admission to a student in contravention of the provisions of this Act or has violated any of the provisions of this Act, it may, -
(i) direct the concerned college or institution to admit the student as per the merit list in place of the student who has been admitted in contravention of the provisions of this Act;
(ii) direct the concerned college or institution to refund the fee to the student so admitted in contravention of the provisions of this Act;
(iii) recommend to the State Government, concerned University or the statutory authority for taking appropriate action against such college or institution.
(2) Where the Fee Regulatory Committee, on receipt of any complaint or otherwise satisfied after due inquiry, that the unaided professional educational college or institution has collected the capitation fee or the fees in excess of the fee determined by the Fee Regulatory Committee under sub-section (1) of section 10, it may,-
(i) direct the concerned college or institution to refund the fee so collected in excess of the fee determined by the Committee or the refund of capitation fee so collected;
(ii) recommend to the State Government, concerned University or the statutory authority for taking appropriate action against such college or institution.
1[(3) On receipt of any complaint, the State Government may conduct an inquiry into the matter and take necessary action.]
Exemption. 2[13A. The State Government may exempt from all or any of the provisions of this Act, by notification in the official Gazette, such college or institution which may be declared as the Center of Excellence after following due procedure as may be laid down in the rules.]
Penalties. 3[14. Whoever contravenes any of the provisions of this Act or the rules made thereunder shall, after giving opportunity of being heard, be punishable with fine which may extend to rupees fifty lakhs; or any penal action that may be taken by the State Government under the respective University Acts or both.]
Cognizance of offense.
15. No. court shall take cognizance of any offence punishable under this Act except on a complaint made by an officer authorized in this behalf by the State Government, by notification in the Official Gazette.
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1. Sub-section (3) was inserted by Guj. 30 of 2019, s.8.
2. Section 13A was inserted by Guj. 12 of 2013, s.6.
3. Section 14 was substituted by Guj. 30 of 2019, s.9.
2008 : Guj. 2 ] The Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007.
9 XLV of 1860.
16. All the members of the Committee and the officers and employees while acting or purporting to act in pursuance of the provisions of this Act or rules made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Members of Committee, officers and employees to be public servant.
17. No suit, prosecution or other legal proceeding shall lie against any member of the Committee, officer or employee for anything which is in good faith done or purported to be done in pursuance of the provisions of this Act or any rules made there under.
Protection of action taken in good faith.
18. The State Government may, from time to time, issue such directions not inconsistent with the provisions of this Act, to any professional educational college or institution or to the Committee or the officer, as it may think fit in this regard, for the purpose of carrying out the provisions of this Act, rules or orders made thereunder and the professional educational colleges or institutions or the Committee or the officers shall be bound by such direction.
Power of State Government to give directions.
19. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force.
Act to override other State laws.