Section 3 of The Afrc Act 2007 — Definitions
Bare section text
Official Legislative Text
3. In this Act, unless the context otherwise requires,
- (a)"appropriate authority" means a Central or State authority established by the Central or the State Government for laying down norms and conditions for ensuring standards of professional education;
- (b)"capitation fees" means any amount by whatever name called whether in cash or in kind paid or collected or received directly or indirectly in addition to the fees determined under this Act;
- (c)"Committee" means the Admission and Fee Regulatory Committee constituted under section 4;
- (d)"common entrance test" means an entrance test, conducted for determination of merit of the candidates followed by centralized counseling for the purpose of merit based admission to professional colleges or institutions through a single window procedure by the State Government or by any agency authorized by it;
- (e)"fee" means all fee including tuition fee and development charges;
- (f)"foreign candidate" means a person holding a foreign passport seeking admission in a deemed university imparting professional education or in a private unaided professional institution in Madhya Pradesh;
- (g)"management" means any person or body, by whatever name called, managing and controlling the private unaided professional educational institution;
- (h)"minority" means a minority defined under section 2(f) of the National Commission for Minority Educational Institutions Act, 2004 (2 of 2005);
- (i)"minority institution" means an institution imparting professional education, established and administered by a minority;
- (j)"non-resident Indian" shall have the same meaning as assigned to it in clause
- (e)of section 115C of the Income-tax Act, 1961 (43 of 1961);
- (k)"Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide Notification No. F85-XXV-4-84, dated the 26th December, 1984 as amended from time to time;
- (l)"private unaided professional educational institution" means a professional educational institution which is not receiving recurring financial aid or grant-in-aid from any State or Central Government and which is not established or maintained by the Central Government, the State Government or any public body;
- (m)"professional course" means a course of study notified as a professional course by the appropriate authority, such as a degree, diploma or certificate by whatever name called;
- (n)"professional educational institution" means a college or a school or an institution by whatever name called, imparting professional education, affiliated to a State University, including a private university established or incorporated by an Act of the State Legislature or constituent unit of a deemed to be university under section 3 of the University Grants Commission Act, 1956 (3 of 1956) and approved or recognized by the competent statutory body regulating professional education;
- (o)"reserved seats" means the seats reserved in favour of persons belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes as may be notified by the State Government;
- (p)"sanctioned intake" means and implies the total number of seats sanctioned by an appropriate authority and notified by the State Government for admitting students in each course of study in a professional institution;
- (q)"Scheduled Castes" means any caste, race or tribe or part of or group within caste, race or tribe specified as Scheduled Castes with respect to the State of Madhya Pradesh under article 341 of the Constitution;
- (r)"Scheduled Tribes" means any tribe or tribal community or part of, or group within such tribe or tribal community specified as Scheduled Tribes with respect to the State of Madhya Pradesh under article 342 of the Constitution.
Educational Study Layer
Summary
- This section defines capitation fees as any amount, whether in cash or in kind, collected or received in addition to the fees determined under the Act.
- It defines private unaided professional educational institution as an institution that does not receive recurring financial aid or grant-in-aid from any State or Central Government and is not established or maintained by any public body.
- It defines common entrance test as an entrance test conducted to determine candidate merit, followed by centralized counseling for merit-based admission, administered by the State Government or an authorized agency.
- It defines fee to mean all fees, which explicitly includes both tuition fees and development charges.
- It defines sanctioned intake as the total number of seats sanctioned by an appropriate authority and notified by the State Government for admitting students in each course.
Practical examples
FAQ
1. What counts as a capitation fee under Section 3 of this Act?
Under Section 3(b) of this Act, capitation fees means any amount, by whatever name called, whether paid in cash or in kind, collected or received directly or indirectly in addition to the fee determined under the Act.
2. How does Section 3 of this Act define fee?
Under Section 3(e) of this Act, fee means all fee, and this explicitly includes both tuition fee and development charges.
3. What is a common entrance test under Section 3 of this Act?
Under Section 3(d) of this Act, a common entrance test is an entrance test conducted to determine the merit of candidates, followed by centralized counseling for merit-based admission to professional colleges through a single-window procedure.
4. What does private unaided professional educational institution mean under Section 3 of this Act?
Under Section 3(l) of this Act, it means a professional educational institution that does not receive recurring financial aid or grant-in-aid from any State or Central Government, and is not established or maintained by the Central Government, State Government, or any public body.
Practice Quiz
Q1.A private medical college charges students a basic tuition fee of 2,00,000 rupees and an additional 50,000 rupees designated as a mandatory development charge. The college argues that development charges are not part of the fee regulated by the Committee. Under Section 3 of this Act, is this argument correct?
Q2.A private nursing institute in Bhopal receives a one-time municipal prize of 10,000 rupees for campus cleanliness, but otherwise receives no government grants, funding, or salaries. Under Section 3 of this Act, does this one-time prize disqualify it from being a private unaided institution?
Q3.A college decides to conduct its own independent entrance exam and call it a Common Entrance Test. However, the exam is not followed by centralized counseling and is not authorized by the State Government. Under Section 3 of this Act, is this a common entrance test?
Q4.A college management accepts a grand piano from a wealthy student's family as a gift in exchange for securing an admission spot, claiming they didn't take any capitation fee because no cash changed hands. Under Section 3 of this Act, is this correct?