(1) This Act may be called the Arunachal Pradesh Colleges and Short title, Institutions of Higher Education (Establishment and Regulations) Act, 2010. extent and
(2) It shall extend to the whole of the State of Arunachal Pradesh and commencement.
applicable to all the colleges and /or the institutions of Higher Education be it Government College, or non-Government College and situated in the territorial jurisdiction of the State of Arunachal Pradesh imparting general education within the concept of University Grants Commission or technical education within the concept of any council created by Government of India to regulate a particular technical education and recognised by the Department of Higher and Technical Education of the State.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,- Definitions.
(1) "General Higher Education" - means every branch of education including special education but other than technical education which leads to award of a degree in an educational discipline by a University/deemed University or an Institute duly established by Jaw i.e., post secondary;
(2) "Technical Education" - means special branch of education, training and research in the field of engineering/technology/ professional education imparted by various Institutions, which leads to award of a diploma (2 to 3 years duration) or degree or post graduate degree (3 years to 4 years duration) in any technical discipline of engineering/ technology/profession viz.
Civil, Mechanical, Electrical, Chemical, Electronic, Telecommunication, Instrumentation, Information Technology, Architecture, Textile, Pharmacy, Interior Design, Travel and Tourism Management , Hotel Management, Office Management and Secretarial Practice, Management, Town Planning and other diversified related professional/technical courses approved by the AICTE and recognised by a University/deemed University or an Institute duly established by law and approved by the Arunachal Pradesh State Council for Technical Education.
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(3) "Council" - means the Arunachal Pradesh State Council for Technical Education;
(4) "College Code"- means code as may be prescribed by Rules under this Act;
(5) "College/Institution of higher learning"- means a Government college and non-Government College/Institution by whatever name called, means college/institution engaged in imparting instructions leading to the award of academic/ professional degree in general or technical education and affiliated with a University/Council/deemed University for the purpose of award of certificates ;
(6) "Secretary" - means Secretary( or by whatever name or Designation called) of Education under the State Government or any other Officer to whom power has been delegated to function as such, by the State Government on this behalf ;
(7) "Competent Authority" - means any authority specified as Competent Authority by the Government by notification to perform the function of the Competent Authority under this Act for such area or for such purposes as may be specified in the notification;
(8) "Educational Agency" - means and includes the Directorate of Higher & Technical Education in respect of Government colleges and in respect of non-Governmental educational Institutions, a committee, society, trust, or an association sponsoring, managing, administrating, controlling, and running an Institution of Higher Education;
(9) "Employee" - means member of teaching or non-teaching staff employed by a College/Institution whether Government or non Government ;
(10) "Foundation Society" - means a body of persons incorporated by law, which funds and maintains an educational Institution affiliated with a University and where the society is registered under the Societies Registration [Extension to Arunachal Pradesh Act, 1978 (No.6 of 1978)] or Arunachal Pradesh Co operative Societies Act, 1978 ( No.3 of 1979) or under any other law for the time being in force or the person(s) appointed by the State Government to manage the affairs of the Society;
(11) "Governing Body" - means the governing body constituted under the relevant provision of this Act ;
(12) "State"- means the State of Arunachal Pradesh ;
(13) "State Government" - means the State Government of Arunachal Pradesh ;
(14) "Directorate of Higher & Technical Education" - means Directorate of the Higher & Technical Education working under the State Government :
(15) "Supervision and Inspection" - means regular or surprise visit to the College/Institution for the purpose of appraisal of physical infrastructure like class rooms, playground, library, laboratories and other related matters as well as functionaries (academic and administrative) required to maintain quality standard of higher education and examination and scrutiny of records (academic and administrative), accounts and other book maintained by the college/institution mandated by regulator/law or otherwise ;
(16) "Management" - means the governing body of a College/ Institution as defined by this Act under which it is registered for the purpose and the expression management of the Institution shall be construed accordingly ;
(17) "Government College" - means a College, which is under the direct administrative control of the State Government ;
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(18) "Non-Government College" - means other than a Government college, in other words, a College/ Institution which is not under the direct administrative control of the Government and is managed by a Society, Trust, Association of persons, and similar organisation.
(19) "President of the Foundation Society" - means a person duly elected as President ( by whatever name called) by foundation society and exclusively head thereof and in case of the society registered under the provisions of Societies Act, a person appointed by the State Government to look after the management of the affairs of the society ;
(20) "Teacher" - means any person appointed to impart educational instruction/training in the College/Institution;
(21) "Non-teacher" - means any person appointed to perform ministerial or menial works in the College/Institution.
(22) "University" - means a University established or incorporated by a Central or State Act or any other institution established in consultation with the University concerned and duly recognised by the University Grants Commission under the provisions of UGC Act, 1956 and working in the jurisdiction of the State of Arunachal Pradesh.
(23) "National Regulator" means any regulatory body created by Central Legislation for regulating the activities and to maintain the quality norms in any field of higher education in the country, such as University Grants Commission(UGC), All India Council for Technical Education(AICTE), Bar Council of lndia(BCI), Medical Council of India (MCI), Pharmacy Council of India (PCI), Indian Nursing Council(INC), Dental Council of India (DCI), Central Council of Homeopathy (CCH), National Council of Teacher's Education (NCTE), Indian Council for Agricultural Research (ICAR) etc.;
(24) "Regulation of Higher and technical Education"- means, the regulations on General and Technical Education and other diversified technical /professional education and all other related activities of higher education within the territory of the State, by rules as may be prescribed under this Act.;
(25) "Prescribed''- means prescribed by the rules and regulations made under this Act.
Chapter -II Establishment of Non Government Colleges and Other Institutions of Higher Learning
3. No educational institution of higher learning shall be established except Non Governin accordance with the provisions of this Act and any person who ment Colleges contravenes the provision under this Act or whose permission has been and other withdrawn/cancelled continues to run such institution shall liable to be Institutions of punished with a simple imprisonment for a term of not less than fifteen Higher Learning days or with a fine of maximum of Rupees Three thousand or with both. not to be established except after permission.
4. The institutions already functional in imparting higher education which Special were established and recognised in accordance with the existing rules provision in and regulations issued in this regard by the Government from time to time respect of before coming into force of this Act, shall automatically deem to be existing higher educational institutions within the provisions of this Act. However, institutions.
all such institutions have to comply with the provisions of this Act and the rules and procedures established thereunder within the time stipulated:
Provided that any non-Government institution imparting education, which is existing at the commencement of this Act, but which has not been granted recognition as per the rules and regulation for the time being in force, may apply afresh under the provisions of this Act, and rules, regulations and procedures established thereunder and such application shall be disposed off within a period of ninety days of their receipt by the Competent Authority.
4 The Arunachal Pradesh Extraordinary Gazette, May 11, 2010 Permission for the establish ment of Institu tions of Higher Learning.
Application for grant of permission.
5. The Competent Authority shall, from time to time, conduct survey to assess the needs and requirements of higher education of the society/ locality under its territorial jurisdiction, and bring to the notice of public in the prescribed manner through public media (local newspaper, television and radio) inviting application on prescribed format for seeking permission to:
(a) establish new institution of higher learning; or
(b) opening higher classes in the existing institution; or
(c) starting new and innovative courses in the existing institution (Certificate, Diploma, Degree, Post Graduate Degree etc);
6. Any society registered under the provisions of the Societies Registration Act 1860, or under the Arunachal Pradesh Societies Registration [Extension to Arunachal Pradesh Act, 1978 (6 of 1978)] or Arunachal Pradesh Co operative Societies Registration Act, 1978 (3 of 1979) and willing to establish an institution of higher learning, may submit an application on the prescribed format for the purpose that can be obtained from the office of the Director Higher and Technical Education, Government of Arunachal Pradesh, Itanagar on tendering an amount to be notified separately, latest by 31'' October of the year preceding the academic year in which the proposed institution is going to be functional along with following documents.-
(a) the proof of the registration of the society including the copy of the constitution, in case of the incorporate-body the copy of incorporation along with memorandum of association and articles of association;
(b) the details of the management and management body along with the name of the office bearers with address and their acceptance to act in such capacity;
(c) the copy of the rules, regulations, procedures, for the internal administration and financial position of the intended institution;
(d) powers, functions, responsibility and accountability of the key position holders in the society in clear terms;
(e) the details of the funds available with the society with respective proofs;
(f) the details of the land, if any, and the ownership proof thereof or the registered lease deed;
(g) the permission of the Competent Authority for acquiring the land for proposed institution;
(h) the copy of the approved plan of construction from civic authority;
(i) the details of building space with area classification for classrooms, laboratories (in case of practical subjects), library, student activities, canteen, teachers' common rooms, toilets, Computer laboratory, parking space for staff and students, internal garden space, facilities for wastage and garbage handling, potable water supply, electricity facilities with ownership proof or a registered rental/lease agreement thereof, for a minimum period of 5 years with documentary evidence;
(j) the details of movable properties with proper classification such as office furniture, class-room furniture, laboratory equipments for each subject, computers for student learning, office equipments, teaching aids, canteen furniture, teachers common-room furniture, reprographic equipment in library, internet and e-learning facilities, etc.;
(k) the details of the area for outdoor playground, indoor play facility, mentioning the proximity with the main building of the institution;
(I) the copy of the intended budgets for at least three years with clear and detailed classification, head-wise (capital and revenue) of receipts and payments;
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(m) the proposed intake of the students diploma, degree, PG degree, faculty- wise etc, and expansion programme;
(n) the details of the teaching and non teaching positions in the existing institution or for a newly proposed to be set up, recruited.
(o) the details of the Higher Education Institutions available within an area of 20 kilometres, where the proposed institution is to be established ;
(p) the feasibility report with full justification in order to cater to the needs for providing the higher education facility to the local community; adequacy of financial resources for the successful and efficient running and maintenance of the institution as prescribed by the Competent Authority;
and finally healthy environment of the proposed location, suitable for an institution of higher learning;
(q) an undertaking from the Educational Agency or Governing Body of the institution that all the requirements of all the Regulators (Central and State) as applicable on the institutions of higher learning have been complied with and copy of approval if already received is to be enclosed;