(1) This Act may be called the Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006.
(2) It shall come into force at once.
2. In this Act, unless the context otherwise requires, -
(a) "Aided Institution" means a private health sciences educational institution including a minority institution, receiving recurring financial aid or assistance in whole or in part from the Central Government or State Government or from any local body;
(b) "Common Entrance Test" means an entrance test, conducted by the State Government or any other authority, authorized by it;
1[(bb) "Council" means a professional council pertaining to any health sciences discipline, constituted under any State Act or Central Act;]
(c) "Fee" means a charge received by a private health sciences educational institution from a student in any manner or under any nomenclature as a condition for studying in that institution.
Explanation. - It is made clear that the term "Fee" in addition to the tuition fee, shall also include all other expenses relating to studies;
(d) "Foreign Indian Student" means a student declared as such by the State Government by notification;
2[(dd) “health sciences” means an education leading to impart Bachelor of Medicine and Bachelor of Surgery (MBBS), Bachelor of Dental Surgery (BDS), Bachelor of Ayurvedic Medicine and Surgery (BAMS), Bachelor of Homeopathic Medicine and Surgery (BHMS) and/or their Post Graduate(s) and such other level of course(s) pertaining to health and medical education, as may be notified by the State Government from time to time;]
3[(e) "Management Category" means a category comprising such seats out of the sanctioned intake of a private health sciences educational institution, as may be 1 Inserted by Punjab Act No.24 of 2006, Section 2 2 Inserted by Punjab Act No.9 of 2020, Section 2 3 Substituted by Punjab Act No.24 of 2006, Section 2 Short title and commencement.
Definitions.
allocated to the management of such institution by the State Government by notification in the Official Gazette, for filling up those seats by that institution in a fair and transparent manner on the basis of the interse merit, determined by a Common Entrance Test or Qualifying Examination, in the presence of the representative of the authority conducting the Common Entrance Test;]
(f) "Minority" means a community declared as such by the State Government by notification;
(g) "Minority Institution" means an institution imparting health sciences education, established and administered by a minority for the purpose of welfare of the minority;
(h) "Open Merit Category" means a category of seats comprising such seats out of the sanctioned intake of an institution, as may be allocated by the State Government by notification in the Official Gazette, for filling up those seats in a fair and transparent manner through a centralised receipt of applications and centralised counselling on the basis of the inter se merit, determined by a Common Entrance Test or Qualifying Examination, but excluding the seats of the management category or minority category;
1[(i) "private health sciences educational institution" means an institution, not established and administered by the Central or State Government and it includes an institution, by whatever name called, including any University, Deemed University or college, whether aided or unaided, non-minority and whether governed or administered or managed or run by an individual or individuals or Trust or any other private entity, agency or organization, which institution conducts or carries on the activity of imparting education to students leading to a degree or diploma in any course or courses in the field of Health Sciences;]
1 Substituted by Punjab Act No.9 of 2020, Section 2
(j) "Qualifying Examination" means an examination, the passing of which enables a student to get admission to various courses of study in private health sciences educational institutions;
(k) "sanctioned intake" means the total number of seats, sanctioned and notified by the State Government in the Official Gazette for admitting students in each course of study in a private health sciences educational institution;
(l) "State Government" means the Government of State of Punjab in the Department of Medical Education and Research; and
(m) "Unaided Institution" means a private health sciences educational institution, not being an aided institution.
3. 1[(1) Notwithstanding anything contained in any other law, enacted by the legislature of the State of Punjab, for the time being in force, the State Government shall regulate the admission, fix fee and make reservation for different categories in admissions to private health sciences educational institutions.]
(2) For the purpose of determining the fee, the State Government may require any private health sciences educational institution to furnish such information, as it may deem appropriate.
2[(3) The State Government shall ensure that admission in a private health sciences educational institution is made in a fair and transparent manner on the basis of the inter-se merit, determined by the Common Entrance Test or Qualifying Examination, as the case may be, in accordance with the procedure, notified by the State Government in the Official Gazette:
Provided that the State Government may, by notification in the Official Gazette, exclude the diploma or certificate courses, offered by the private health sciences educational institutions from the purview of the provisions of this sub-section.
(4) Notwithstanding anything contained in sub-section (3), the State Government may, exempt minority institutions from the purview of that sub- section.
1 Substituted by Punjab Act No.9 of 2020, Section 3 2 Substituted by Punjab Act No.24 of 2006, Section 3 Regulation of admission, fixation of fee and making of reservation.
(5) Consequent upon the exemption granted under subsection (4), a common authority of the respective minority institutions, shall conduct a separate test in a fair, transparent and non-exploitive manner for admission of students in minority institutions in accordance with the merit, determined by the said authority.
(6) In case, it is found that the aforesaid separate test has not been conducted in a fair, transparent and non-exploitive manner, the State Government shall have the power to cancel the same and direct the concerned authority to re-conduct the test.]