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Section 10

The Haryana Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Maintenance of Educational Stand…State Act of Haryana · Act 9 of 2012

(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.

Where this provision sits

ActThe Haryana Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Maintenance of Educational Standards) Act, 2012
Section10
JurisdictionState of Haryana
StatusIn force as published by the source

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