(1) The prospectus and application form for admission of students and any advertisement, by whatever name called, shall contain the full disclosure of the permission so granted by the Government.
(2) The admission shall be regulated strictly in accordance with the admission rules, regulations and procedures prescribed from time to time by the affiliating University for various courses.
(3) In no circumstances the intake of students shall be allowed to exceed the approved strength. The Chairman of the Management Body including the Administrator/Principal of the institution shall be personally liable for the violation under this Act.
21. The State Government shall constitute a Standing Committee as per the norms of the National Regulators for the purpose of regulating the fees structure of the Non-Governmental institutions.
22. Any income from the fund raised for a specific purpose, shall be used for that specific purpose only, and no part of it should be diverted for other purpose or should not be used for other commercial purposes.
However, any surplus earned, may be used to meet the deficit of salary payments in non-Governmental institution, with the specific approval of the State Government. For this purpose, institution shall make an application to the State Government. On the receipt of application and after due inspection and scrutiny of accounts and records permission may be granted by the State Government.
23. Two permanent cells shall be established at the office of the Directorate of Higher and Technical Education, each headed by an officer:-
1. one for handling the affairs of private institutions of general h~hereducation; and
2. another for handling the affairs of technical education;
24. Recruitment to academic posts shall be made as per the norms, conditions and procedures stipulated by the national regulators constituted under the Central Legislations, to name a few, UGC in the matters of general institutions and for other technical institutions such as AICTE, NCTE, BCI, MCI, AYUSH etc .. Where no such regulator exists, the norms notified by the State Government from time to time shall be followed.
Chapter-Ill Some Special Provisions for Government Institutions of Higher Learning
25. It shall be mandatory for the Government to follow the following procedures for establishment of a new Government institution of higher learning:
9 The Arunachal Pradesh Extraordinary Gazette, May 11, 201.0 9
(1) The Government shall constitute a permanent standing committee of seven members of which the Secretary (Education) shall be the chairperson, Director Higher and Technical Education as Member Secretary, one member of the finance department not below the rank of Deputy Secretary, one Principal of Government institution of higher learning, one Principal of non-Government college, one Eminent Educationist to be nominated by the Government and one public representative of the area where the institution is proposed to be established, for considering the feasibility of establishing a new college. While considering the proposal the committee shall take into account the following :
(a) the total number of students that may be available for admission in the area on the basis of the 10+2 institutions and an estimated enrolment for coming five years of establishment ;
(b) availability of road communication, health care facility, educational institution in the area for the wards of the academic and non academic staff at the proposed area where institution is to be established and availability of residential buildings on rental basis, in the adjoining area ;
(c) the courses that are going to be offered ;
(d) total financial implication on infrastructure and for running and maintenance of the proposed institution ;
(e) proposal before the Government for considering the establishment of non-Government college in the area ;
(f) the distance of the nearest institution of higher learning of similar nature ;
(2) On receiving favourable recommendation as stated in sub-section
(1) above, another committee of five members of which the Director Higher and Technical Education shall be the Chairperson, Joint/Deputy Director- Higher and Technical Education as member-secretary, one Principal of Government institution of higher learning, Deputy Commissioner of the district where the institution is proposed to be established and one Eminent Educationist to be nominated by the Government for considering and recommending the suitable site for establishing a new college. While selecting the site, the committee shall take into account the following :-
(a) if the institution is proposed to be established within the premises of an institution belonging to a Government department, the prior permission of the department, the existing infrastructural facilities like accommodation until new infrastructural facilities are created for the proposed institution, availability of land for playground and the scope for future expansion of the institution etc ;
However, Government shall create and provide full-fledged infrastructure as far as possible in all respects within a period of five years from the date of establishment of the institution of higher learning;
(b) in case of new site, the distance from the town, availability of road communication, health care facility, educational institution for the wards of the academic and non-academic staff of the proposed institution and the residential buildings on the rental basis, in the adjoining area; source of water, local transport system, electricity facilities etc ;
(c) If the institution is proposed to be set-up in an accommodation/ building or land donated by the Donor, in such cases the legal documentary evidence to support the gift deed shall be produced.
26. Priority shall be given by the Government to the following areas in Priority.
the matters of starting institutions of higher learning :
(a) where literacy rate is poor with particular reference to the higher education rate among the women ;
(b) establishment of institutions of science and technology, vocation and profession, higher learning to cater the need of growing economy of both the State and the nation ;
10 The Arunachal Pradesh Extraordinary Gazette, May 11, 2010 Qualifications, recruitment of Teachers and other employees and their service conditions.
Transfer and Posting of teachers and other employees.
Allotment of Quarters from college pool.
Maintenance of Accounts in respect of institutional fees and other collections.
Ethics for Teachers and Students.
(c) in Districts, Sub-divisions, and Circles where there are no facilities of higher learning ;
(d) in remote areas where accessibility is a major hindrance ;
(e) where the physical distance is more than 50 km from the existing institution of higher learning. However, in deserving cases it may be reduced to 20 km at the discretion of the Government ;
(f) in urban area where institution of higher learning does not exist at present owing to non fulfilment of the prescribed numbers of student due to low population growth and low density ;
(g) where the private Educational Agencies are not willing to start institutions of higher learning independently or in Public-Private Partnership Mode (PPP Mode) ;
27. The qualifications, recruitment process and other service conditions of academic posts shall be strictly as per the norms recommended by the national regulators of higher education in the country from time to time, such as UGC, AICTE, BCI, MCI, PCI, INC, DCI, CCH, CCIM, NCTE, ICAR etc., as applicable. The recruitment of faculties shall be through the Arunachal Pradesh Public Service Commission. For non-academic posts, qualifications, recruitment process and other service conditions shall be strictly as per the norms as notified by the State Government from time to time.
28. The transfer and posting of the academic and other employees working in the Government institutions of higher learning shall be such, as may be prescribed.
29. The allotment of college pool of quarters wherever available shall be regulated as per existing norms or any other such rules as may be prescribed.
30. All Government institutions of higher learning shall maintain the fee collection in the institution as per existing norms or any other such rules as may be prescribed.
Chapter-IV Miscellaneous Provisions
31. Separate code of ethics one each for teachers and students of the institution of higher learning shall be brought through regulations.
Regulations.
Powers to 32. (1) Subject to the provisions of this Act, the Government may, by make rules and notification, make rules to carry out all or any of the provisions of this Act.
(2) In particular and without prejudice to the generality of foregoing sub-section such rules may provide for:-
(i) the manner in which any enquiry under this Act shall be held ;
(ii) the registers, statements, reports, returns, budgets, and other information to be maintained or furnished by the approved institutions of higher learning for the purpose of this Act ;
(iii) the establishment of administration and maintenance of the institution of higher learning ;
(iv) the recognition to the institutions of higher learning and the condition thereof ;
(v) the inspection of the institution of higher learning and the officer by whom it shall be made ;
11 The Arunachal Pradesh Extraordinary Gazette, May 11, 201 O 11
(vi) standard of education and courses of studies in the institutions of higher learning ;
(vii) preparation and submission of development plans/projects/ schemes for institutions of higher learning and their contents;
(viii) the power and functions of the officers and other subordinate staff working in the Directorate of Higher and Technical Education ;
(ix) the regulation of the use of library, maps, plans, instruments, other laboratory and sports equipments in the institutions of higher learning ;
(x) the regulation for admission into the institutions of higher learning for academic courses, private study, and other special courses and attendance thereof ;
(xi) the qualification required and other conditions to be fulfilled for appearing at the examination conducted by the authorities under this Act and the method of evaluation and revaluation of answer scripts ;
(xii) the manner of conducting class test and examination within the institutions of higher learning ;
(xiii) regulation on seeking information by any person relating to administrative procedures or any other information and fees to be charged for such information ;
(xiv) the conditions and regulation of the co-education in the institution of higher learning and regulation thereof;
(xv) regulation on the issue of certificates and documents and the fee to be charged for such issues ;
(xvi) the regulation on all other matters, that are necessary and expedient to implement the provisions of this Act, or where the provisions are deficient or not available at all in this Act, in the opinion of the Government ;
(xvii) Rules for regulating transfer and posting and allotment of pool quarters etc.
33. Every rule and regulation made by the Government of Arunachal Laying of rules Pradesh under this Act, shall be laid as soon as may be, after it is and regulation made, before the Legislative Assembly of Arunachal Pradesh, while it is before in session, for a total period of ten days, which may be comprised in one Legislative session or in two or more successive sessions and if, before the expiry Assembly.
of the session in which it is so laid or the session immediately following the session or the successive sessions aforesaid, the Legislative Assembly makes any modification in the rule or resolves that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so, however such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.