Admission and Fee Regulatory Committee is a statutory body with quasi judicial power, constituted under Madhya Pradesh Act 21 of 2007 of Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007.”
The Committee is headed by a Chair Person alongwith four other experts in the matter of Finance, Law, Technical Education and Medical Education. Under provisions of the Act, AFRC is required to have general supervision and guidance of admission process and for fixation of fee to be charged from the candidates seeking admission in the private professional educational institutions. It also provides for appointment of an Appellate Authority.
Act 21 of Adhiniyam, 2007.” Chapter II, Section 11 reads as follows:
The Committee shall have the power to regulate its own procedure in all matters arising out of the discharge of its functions and shall for the purposes of making any enquiry under this Act have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters namely –
- Summoning and enforcing the attendance of any witness and examining him on oath;
- Requiring the discovery and production of any document;
- Receiving evidence on affidavits;
- Issuing commissions for the examinations of witness.
Act 21 of 2007 of Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007, thereafter amendment No. 32 of 2013 dated 12 Sep. 2013 in section 4 of principal act, sub-section (9), reads:
- The Committee either on receipt of a complaint or suo motu may enquire into admission made in contravention of the provisions contained here under or collection of fee in excess of the fee determined under the provisions of the Act, or realization of capitation fee or profiteering by any private unaided professional education institution.
- The committee may cause an inspection of the institution for the purpose of making enquiry under clause (a)
- If as a result of the enquiry the Committee finds that there has been any violation by such institution of the provisions of the Act or rules and regulations made there under regarding admission or fees, it may take one or more of the following actions against such institution :-
- impose a fine up to ten lac rupees on the institution together with interest therein at the rate of 12 percent per annum which may be recovered as if an arrear of land revenue.
- declare any admission made in contravention of the provisions of the Act invalid, whereupon the institution shall forthwith cancel the admission of such candidate and the concerned university shall cancel the enrolment of such student and cancel his results of any examination in which the candidate has already appeared;
- order the institution to refund to a student within such time as specified in the order, any amount received by it in excess of the fees fixed by the Committee or any amount received by way of capitation fee or any amount received for profiteering.
Amendment No. 32 of 2013 dated 12 Sep. 2013 in section 10 of principal act, sub-section (10), reads:
10 (1) The State Government shall appoint for not more than three years at a time, an appellate authority, consisting of a person, who has been a judge of the High Court, or a person who has held office not below the rank of the Chief Secretary of a State, before which a person or a professional institution aggrieved by an order of the Committee may file an appeal, within a period of 30 days of passing of such an order,
(2) While hearing an appeal the Appellate Authority after calling for the records from the Committee and after giving an opportunity of hearing to both the appellant and the Committee shall decide the appeal and the decision made in the appeal shall be final.