58 THEARUNACHALPRADESH PRIVATE EDUCATIONAL INSTITIMOilS (REGULATORY COi,rrlSSlOt{) ACr, 201 7 (ACTNo.4OF2Oll) (Received the ossent of the Governor on l2th April, 2017 qnd published in the Arunochol Prodesh E.O. Gozette No. 117 Vol. XXIV doted 26th April, 2017) An Act to provide for estoblishment o{ o Regulotory Commission ond Regulotory mechonism in tte fute for tlre purpose of ensuring oppropriqte stondord of odmission, teoching, exominotion, reseorch ond protection of interest of students in tre Privote Educotionol lnstih.ttions ond for motters connected therewith or incidentol ttrereto;
BE it enocted bythe Legislotive Assembly of Arunochol Prodesh in the Sixty-eight Yeor of the Republic of lndio os follows :- I . Short title extent ond commencement : (l ) This Act moy be colled the Arunochol Prodesh Privote Educotionol lnstitutions (Regulotory Commission) Act, 2017.
(2) lt sholl opply to oll the Privote Educotionol lnstitutions estoblished in the Stote ofArunochol Prodesh.
(3) lt sholl come into force on the dote of its publicotion in the Officiol Gozefte.
2. Definitions : ln tlris Aa, unless the context otherwise requires,-
(o) '€ommission" meons the Regulotory Commission estoblished under section 3 oI this Act ;
(b) 'Member" meons o member of the Commission ond includes the Choirperson ;
(c) ?rivote Educotionol lnstitutions '?neons oll the privote educotionol institutions in the Stote nomely,- degree colleges, professionol colleges of Educotion, lnstitr:tes of Technicol Educotion, Monogement, Low Engineering, 59 Medicine, Phormocy, Poromedicol lnstitutions ond Universilies, Deemed Universities, Centres oI Excellence, or ony other educotionol lnstitutions oI higher leorning, except schools offilioted, or ony other recognized Boord of Educotion ;
(d) Segulotions"meons regulotions mode bytre Commission under section l9 of this Act ;
(e) Segulotory body" meons ony Stote or Centrol Stotutory Body set up for the purpose ;
(f) 'Student" meons o person enrolled in o Privote Educotionol lnstitution for pursuing o course of study for the oword of o degree, diplomo, certiticote or other ocodemic distinction ;
(g) 'lJnivers[ Gronts Commission"rneons tre University Gront Commission estoblished under the University Gronts Commission Act, 1956 ;
(h) ?rescribed"meons prescribed by rules mode under this Act ;
(i) tSbte Government"meons the Government ofArunochol Prodesh; ond 0 fiigher Educotion" meons study of o curriculum or course for the pursuit of knowledge beyond l0+2 level.
(k) Stondord guidelines" meons guidelines of odmission, teoching, exominotion, reseorch ond protection of interest of studens os loid down by UGC or Stote Regulotory body constituted under this Act or ony other lows for the time being in force in the Stote for importing quolity educotion.
3. Estoblishment of Commission : (1 ) The Stote Government moy, by notificotion published in the Officiol Gozette, estoblish the Arunochol Prodesh Privote Educotionol lnstitutions Regulotory Commission for the purpose of providing o regulotory mechonism in the Stote ond for working os on interfoce between the Stote Government ond the Centrol Regulotory Bodies for the purpose of ensuring oppropriote stondords of odmission, teoching, exominotion, reseorch, extension progrommes ond protection ofthe interest ofthe students ol the Privote Educotionol lnstitutions.
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(2) The Commission sholl be o body corporote hoving perpetuol succession ond o common seol ond sholl sue ond be sued by the soid nome.
(3) The heodquorters of the Commission sholl be ot such ploce os moy be notified by the Stote Government.
4. Composition of Commission : (l)The Commission sholl consist ofo Choirperson ond two other members from omongst persons of eminence in public life or in the field of higher educotion or who hove remoined Secretory or obove to the Govemment ofArunochol Prodesh or held equivolent post in the Government of lndio for o period of not less thon three yeors.
Provided thot the Choirperson ond the members sholl not be from the some field of speciolizotion.
(2) The Choirperson ond members of the Commission sholl be oppointed by the Stote Government, on the recommendotions of o Seorch Committee, for o period of three yeors or until he or she ottoins the oge of 65 yeors, whichever is eorlier, ond such Choirperson or members moy be eligible for o second term subiect to the upper oge limit of 65 yeors.
Provided thot, ofter the expiry ofthe term of office, the Choirperson or the member, os the cose moy be, sholl not be eligible for further employment or ony ossignment in ony of the Privote Educotionol lnstitutions within Arunochol Prodesh or their ossociote offices or componies within or outside Arunochol Prodesh lor o period of three yeors.
(3) For the purpose sub-section (2), the seorch Committee sholl consist of the following, nomely:-
(i) Chief Secretory to the Government of Arunochol Prodesh. - Choirperson- Ex-officio
(ii) Secretory/Commissioner(HigherondTechnicolEducotion) to the Government of Arunochol Prodesh - Ex-Officio Member
(iii) Diredor Higher & Technicol Educotion, Government oI Arunochol Prodesh - Member Secretory
(iv) One eminent scholor in the Field of Educotion to be og pointed by the Chief Secretory - Member 6l
(4) The member of the Seorch Committee, other thon ex-officio members, sholl be poid such troveling ollowonce for to-ond fro iourney ond such remunerotion for eoch seoting os moy be prescribed.
5. Removol of Member : (1) No member sholl be removed from office except in occordonce with the provisions oI this section.
(2) The Stote Government moy by order remove from office ony membet if he-
(o) hos been odiudged on insolvent by o competent court; or
(b) hos been convicted of on offence which, in the opinion of the Stote Government, involves morolturpitude; or
(c) hos become physicolly or mentolly incopoble of octing os o member ; or
(d) hos ocquired such finonciol or other interest os is likely to of{ea preludiciolly his fundion os o member ; or
(e) hos so obused his position os to render his continuonce in office prejudiciol to the public interest; or (0 hos been guilV of proven misbehovior ; or
(g) hos foiled to dischorge his duties :
Provided thot no member sholl be removed from his office on ony ground specified in clouses (d), (e), (D or (g) unless on enquiry hos been conducted by the Stote Government for this purpose ond the member hos been given on opportunity to defend himself.
6. Officers ond other employees of the Commission : (l ) There sholl be o Secretory of the Commission who sholl be oppointed by the Stote Government on such terms ond conditions, os moy be prescribed.
(2) The Commission moy oppoint such officers ond employees os it considers necessory for lhe efficient performonce of the functions of the Commission, ofter opprovol of the Stote Govemment
(3) The terms ond conditions of service of te officers ond employees of the Commission sholl be such os moy be prescribed.
7. lvleetings : The Commission sholl meet, os olten os moy be necessory, ot such time ond ploce ond observe such procedure, os moy be prescribed in the regulotions.
8. Fund. - The Commission sholl estoblish o fund to which sholl be credited - 62
(o) By the Privote Educotionol lnstitutions such percentoge of totol fees every yeor os moy be ossessed by the Commission from time to lime but not exceeding one percent or lhe totol fees ;
(b) Any other gronts received from ony olher source ; ond.
(c) All sums received by woy of penohies.
9. Powers ond functions of the Commission : ('l) lt sholl be fie duty ol lhe Commission to ensure fiotstondords of odmission, teoching, exominotion, reseorch, extension pro{lromme, quolified teochers ond infrostucture, ore being mointoined by tre ftivote Educolionol lnstihltions in occordonce with the guidelines issued by the Regulotory Bodies of the Centrol Government or the Stote Government or by the Centrol Government or the Shte Government from time to time. ln cose of foilure of the Educotionol lnstitution to meet the stondords loid down, the commission shollhove the power lo penolize the Educotionol lnstitutions under seaion I I of the Act ond in cose of successive foilure of on lnstitution to meet the stondords, the Commission moy recommend to the stote GovemmenVRegulotory Body for $e winding up of tre lnstitution ond the University.
(2) The Commission sholl ensure thot the odmissions in the Privote Educotionol lnstitutions ore bosed on merit ochieved in Notionol Common Entronce Test orthe 9ote Common Entronce test or ony other test os moy be notified by the Stote Government ond where there is no Notionol Level Common Entronce Test or fute Level Common Entronce Test or ony other test, the merit sholl be determined stric y on the bosis of the morks obtoined in the quolifying Exominotion including quolifying test.
(3) The Commission sholl develop on oppropriqte mechonism for receipt ond redressol ol grievonces of students ond porents, ond direct tre privote lnstitutions to set-up o proper Grievonces Redressol mechonism for redressol o{ comploints reported to the Commission. Such comploints sholl be oddressed within the time fixed by the Commission with detoils of the steps token by the institution to redress such comploint.
(4) The Commission moy conduct inspections of Privote Educotionol lnstitutions os ond when required ond moy form expert committees, for inspections of Privote Educotionol lnstitutions.
(5) The Commission sholl hove the power to monitorond regulotes fees in Privote Educotionol lnstitutions.
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10. Procedure ond Powers of the Commission : (l) The Commission sholl, for the purpose of ony inquiry or proceedings under this Ad, hove the some powers os ore vested in o Civil Court under the Code of CMlftocedure, 1908 (5 of l9O8) in respea of trc follofling rnotters, nomely :-
(o) Summoning ond enforcing the oftendonce of ony person ond exomining him on ooth ;
(b) Discovery ond production of ony document or otrer moteriol object producible os evidence ;
(c) receMng evidence on offidovits;
(d) requisitioning ol ony public record ;
(e) issuing summons for the exominotion of witnesses;
(fl reviewing its Sessions, directions ond orders;
(g) ony other motter which moy be prescribed.
(2) The Commission sholl hove the powers to poss such interim order in the proceeding, heoring or motter os the Commission moy consider oppropriote.
(3) The Commission moy outhorize ony person, os it deems fiL to represent the interest of the students ond porents in the proceedings before it.
(4) All disputes under this Act sholl be decided summorily in occordonce with the provisions of Order XXXVII of the Code of Civil Procedure, 1908.
ll. Penolties : ( l) The Commission moy, for the controvention of onyof tre provision of *ris Act or tre rules or regulotions mode hereunder, or diredions issued by the Commission, impose penolty, in such monner os moy be prescribed, but not exceeding one crore rupees:
Provided thot the moximum penolty for o second or subsequent controvention sholl be five crore rupees;
Provided further thot no penolty sholl be imposed unless the institution concerned is given on opportunity of being heord.
(2) The penolty imposed under sub - sedion ( 1 ) sholl be recoveroblefrom the endowmentfund or ony lund or os orreor of lond revenue from the Educotionol lnstitutions concerned.
64 '!2. Accounts ond Audit of theCommission: (l)TheCommission sholl mointoin its Accounts in such form ond in such monner os moy be prescribed.
(2) The occounts of the Commission sholl be oudited onnuolly by the Comptroller ond Auditor Generol of lndio ond the Commission sholl send o copy of the oudit report to the Stote Government.
I 3. Annuol report : (1) The Commission sholl, os soon os, moy be, ofter the end of eoch finonciol yeor, prepore ond submit to the Stote Government, before such dote ond in such lorm os moy be prescribed, o report giving on occount of its octivities during the previous yeor ond the Stote Government, sholl couse every such report to be loid before the Legislotive Assembly os soon os moy be, ofter its receipt.
(2) The Commission sholl send o copy of the oudited onnuol occount of the Commission to the Stote Government every yeor, ond the Stote Government sholl couse such occounts to be loid belore the Legislotive Assembly.
14. lndemnity : No suit, prosecution or other legol proceedings sholllie ogoinstthe Choirperson, ony membet officer or employee of the Commission in respect of onyhing which is, in good foith, done or intended to be done in pursuonce of the Act or the rules mode thereunder.
15. ilembers ond employees to be public servonts : The members ond other employees o{ the Commission sholl be deemed to be public servonts within the meoning of section 2l of the lndion Penol Code 1850.
I 6. Power to issue diredions : The Stote Govemment moy issue such diredions to the Commission os in its opinion, ore necessory or expedientfor corrying out the purposes of thisAct ond the Commission sholl give effect to oll such directions.
I 7. Act to hove oveniding effed : The provisions of tris Act or rule or order mode thereunder, sholl hove effect, notwithsbnding onyhing inconsistent therewith contoined in ony other Acts in respect of the esbblishment of Privote Universities in the Stote for fre time being in force.
18. Power to moke the rules : ( I ) The Stote Government moy, by notificotion publish in the Officiol Gozette, moke rules for corrying out the provisions of thisAct.
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(2) Without preiudice to the generolity of the foregoing powers, such rules moy provide for oll or ony of the following motters, nomely:-
(o) The terms ond conditions of service of the Choirperson, the members ond the Secretory of the commission.
(b) Mode of outfrenticotion of lhe orders ond decisions of the Commission ond instruments issued by it.
(c) The form ond monner in which the occounts sholl be mointoined by the Commission under section l2 ;
(d) The minimum ond moximum limit oI the penolty under section I I ond the monner in which such penolty is to be imposed ; ond
(e) Such other motters os moy be required for proper functioning of the Commission.
19. Power to moke regulotions : The Commission moy, with the prior opprovolof the Sffie Govemment, moke regulotions to corry out the provisions of this Act.
20. Rules ond regulotions to be loid in LegisldtiveAssembly :
Every rule ond regulotion mode under sections 18 ond l9 olthisAct sholl respectively be loid, os soon os moy be ofter these ore mode, before the LegislotiveAssembly.
21. Powers to remove difficulties : lf ony difficulty orises in giving effect to the provisions of thisAd, the Stote Government moy, by order published in the Officiol Gozette, moke such provisions, not inconsistent with the provisions of this Act os oppeor to itto be necessory for the purpose of removing *re difficulty;
Provided thot no such order sholl be mode ofter the expiry of two yeors from the Commencement of this Ad.