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Assam Non-Government Educational lnstitutions(Regulation and Management) Act, 2006
(Assam Act No. 4 of 2007)
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LEGISLATIVE HISTORY 6 |
(ii) "Director" means the Director of Secondary Education, Assam, in respect of Secondary and Higher Secondary level of education and Director of Elementary Education, Assam in respect of Primary and Middle level of Education;
(iii) "employees" means the teaching and non-teaching staff of non-government educational institutions;
(iv) "existing non-government educational institutions" means the non-government educational institutions as defined under clause (xiv) which are in existence on the date of commencement of this Act:
Provided that the non-government educational institutions established by the people of the locality prior to 01.01.2006 which have received permission and recognition from the competent authority on or before 01.01.2006 shall be excluded from the purview of this clause;(v) "Executive Engineer, PWD, Building Division" means the Executive Engineer of PWD, Building Department under whose jurisdiction a particular school is situated;
(vi) "fee" means all fees including tuition fee. development charges of any nature, capitation fee etc.;
(vii) "Guwahati Metropolitan Development Authority (GMDA)" means the Guwahati Metropolitan Development Authority as established under the Guwahati Metropolitan Development Authority Act, 1985;
(viii) "Guwahati Municipal Corporation" means the Guwahati Municipal Corporation established under the Gauhati Municipal Corporation Act, 1971;
(ix) "Higher Secondary level of education" means education imparted from class XI to XII;
(x) "institution" means non-government educational institutions as defined in clause (xiv) of this section;
(xi) " Managing Committee" means committee constituted under Section 12 to perform the duties and functions entrusted to it under the provisions of this Act, which term shall also include the Governing Bodies of the Senior Secondary Schools;
(xii) "Middle level of education" means education imparted from class VI to VIII;
(xiii) "Municipal Town area" and "Town Committee area" means areas declared as Municipal Town and Town Committee area under the provisions of the Assam Municipal Act, 1956;
(xiv) "National Commission for Minority Educational Institutions" means the National Com mission for Minority Educational Institutions as constituted by the Central Government;
(xv) "non-government educational institutions" means schools established and run by an individual or association of individuals or any Non-Government Organization or Society or Trust, except the schools established and maintained by minorities under clause (1) of Article 30 of the Constitution of India and imparting education at Primary, Middle, Secondary and Higher Secondary Level without receiving any grants in-aid from the State Government excluding the educational institutions run or aided by the Central Government or the State Government. The word "institution" wherever it occurs in the Act shall be construed accordingly;
(xvi) "permission" means permission accorded by the Director as required under Section 4 of the Act;
(xvii) "prescribed" means prescribed by rules made under this Act;
(xviii) "Primary level of education" means education imparted from class I to V;
(xix) "Secondary level of education" means education imparted from class VIII to X;
(xx) "may" "State Government" means the Government of Assam.]
3. Power of the State Government to regulate non-government educational institutions. - (1) The State Government may regulate all the non-government educational institutions in the State of Assam in accordance with the provisions of this Act and the rules made thereunder. (2) On and from the commencement of this Act, the establishment of non-government educational institutions or the opening of a higher class or the closing down of an existing class in any existing non-government educational institution in the State, shall be subject to the provisions of this Act and the rules made thereunder and any non government educational institution or any higher class established or opened otherwise than in accordance with the provisions of this Act shall not be recognized under section 5 by the Director and shall be closed down under section 24. 4. Prior permission for establishment of non-government educational institutions and registration. - (1) Any individual, association of individuals, Non-Government Organization, society or trust intending to establish and run a non government educational institution and on given an undertaking to fulfil the requirements as laid down under section 10, [shall] submit an application before the Director in such form containing such particulars and information as may be prescribed, for obtaining, prior permission for establishment and running of such institution. The undertaking shall be the part and pacel of the application form and shall be prescribed. (2) On receipt of the application, the Director, after considering the particulars and information contained in the application under sub-section(l) and after making such enquiry as he may deem necessary, may, either grant or refuse to grant prior permission to the applicant for opening a non-government educational institution. Provided that the Director may refuse to grant permission if he is of the opinion that the particulars and information furnished in the application do not fulfill the requirement as laid down in the Act and rules made thereunder for reasons to be recorded in writing, (3) On refusal to grant permission under sub-section (2), the Director shall communicate the same to the applicant stating the reasons therefor. (4) In the event of refusal to grant permission under sub - section (2) the aggrieved individual, association of individuals, Non-Government Organization, society or trust, may prefer an appeal before the State Government whose decision thereon shall be final. (5) The permission granted under sub-section (2) shall remain valid for a period of two years within which the applicant shall establish the institution and register the same before the Director. (6) If for any reasons which the Director considers to be genuine after an application being made in this behalf by the applicant who has failed to establish the institution within the stipulated period of two years, the Director may grant extension of the time for a further period which shall not exceed one year in all, within which the applicant shall establish and register the institution. 5. Administrative recognition. - (1) After establishment and registration of the non-government educational institution under sub-section(5) of section 4,the Authority shall make an application on payment of such fee and in the form and manner as may be prescribed before the Director for obtaining administrative recognition in respect of the institution. (2) On receipt of the application for administrative recognition, the Director shall make or cause to be made such enquiry as may be considered necessary to ascertain as to whether the requirements as laid down under the Act and the rules made thereunder have been fulfilled or not and whether the School Authority has acted in accordance with the stipulations made in the undertaking referred to in section 4 or not and submit a report to the Administrative Recognition Committee constituted under section 7. (3) The Administrative Recognition Committee, after considering the report and after examining such other information as may be considered necessary, may make recommendation in respect of the non-government educational institution for its administrative recognition by the Director. (4) If the Administrative Recognition Committee is of the view that the School Authority of an institution has failed to fulfil the requirements as laid down in the Act or the rules framed thereunder or any stipulations in the undertaking as referred to in section 4, no recognition shall be made to the institution for reasons to be recorded in writing. (5) The Director shall issue order granting administrative recognition or refusing to grant such recognition to an applicant in accordance with the recommendation of the Administrative Recognition Committee. (6) Any applicant, to whom the administrative recognition is refused may prefer an appeal before the State Government whose decision thereon shall be final. (7) Any Transfer Certificates issued by the institutions which have not received administrative recognition under this section shall not be countersigned by the concerned authority of the Education Department of the State Government. 6. Registration and administrative recognition of the existing non-government educational institution. - (1) The existing non-government educational institutions shall submit application for registration of their institutions before the Director furnishing the full particulars and information and on payment of such fees as may be prescribed relating to the institution sought to be registered and shall also furnish the copies of Government permission or recognition, if any, previously obtained before academic recognition from the respective Board or Council as the case may be, within six months from the date of commencement of this Act: [Provided that in case of failure of any institution to register the institution under subsection (1) of Section 6 within the stipulated period, the institution shall be allowed registration on payment of the fees with 50% increase of prescribed rate, provided the institution is registered within a period of one year from the date of coming into force of this Amendment Act. In the event of failure of any institution to register within one year as stipulated above, the Director shall issue notice to close down the institution in a phased manner that there shall not be any admission in lowest class of the School from the next academic year and such institution shall be completely closed down after passing out the highest class of the institution.] (2) On examination and consideration of the application and the information furnished by the existing institutions under subsection (1), the Director shall provisionally register the existing institution pending such enquiry or inspection as may be prescribed, for final registration of the institution. (3) Immediately after provisional registration of an existing institution, the Director shall make or cause to be made an enquiry or inspection of the respective institution and the existing institutions which have been found established and run with the permission or recognition from the State Government or Director possessing the requirements as laid down under section 10 and the rules made thereunder, shall be granted final registration. (4) The existing institutions which have been established and run with or without the permission or recognition of the State Government or Director without having the minimum requirements as laid down under section 10 or the rules made thereunder, shall have to fulfil the requirements within a period of two years from the date of commencement of this Act after which those institution shall be finally registered. (5) The existing institutions which have been established or run without the permission or recognition of the State Government or Director and fulfilling the requirements as laid down under section 10 and the rules made thereunder shall apply for obtaining administrative recognition from the Director within a period of six months from the date of commencement of this Act. After giving administrative recognition those institutions shall be finally registered by the Director. (6) The provisional registration and recognition etc. of the institutions which have failed to fulfil the requirements as laid down in the Act and the rules within the time frame stipulated in this section, shall be liable to be cancelled and the institutions shall be liable to be closed down under the provisions of this Act. 7. Constitution of the Administrative Recognition Committee. - The Administrative Recognition Committee referred to under section 6 shall consist of the following:-|
(1) In respect of recognition of institutions imparting Secondary and Higher Secondary level of education: |
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(a) Director, Secondary Education, Assam |
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Chairman. |
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(b) Joint Director. Secondary Education, Assam |
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Member-Secretary. |
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(c) One State Government representative, Secretary. not below the rank of Deputy Secretary, Secondary Education Department |
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Member |
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(d) One representative each from the Board of Secondary Education, Assam (SEBA) and Assam Higher Secondary Education Council (AHSEC) |
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Member |
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(2) In respect of recognition of institutions imparting Primary and Middle level of education; |
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(a) Director, Elementary Education, Assam |
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Chairman |
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(b) Joint Director, Elementary Education, Assam |
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Member-Secretary |
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(c) One State Government representative not below the rank of Deputy Secretary, Elementary Education Department. |
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Member |
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(d) One representative from the Board of Secondary Education, Assam(SEBA) |
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Member |
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(e) One representative from the State Council of Educational Research and Training (SCERT), not below the rank of Joint Director |
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Member |
(a) For Lower Primary (LP) and Middle English (ME) level Schools, the school shall have at least 2 (two) Bifhas of land in one plot in case of rural areas and 1 (one) Bigha of land in one plot an case of Municipal and Town Committee areas including Guwahati Metropolitan Development Authority area and Guwahati Municipal Corporation Area.
(b) For High School, Higher Secondary School and Senior Secondary School including composite School, the School shall have at least 5 (five) Bighas of land in one plot in rural areas and 3 (three) Bighas of land in one plot in Municipal Town and Town Committee areas, 2 (two) Bighas of land in one plot in Guwahati Municipal Corporation and Guwahati Metropolitan Development Authority areas:
Provided that non-government educational institutions already granted prior permission and administrative recognition with land requirement before coming into force of Amendment Act shall be allowed to run;](ii) Adequate number of class rooms, [separate toilets for Boys and Girls] and other facilities like library premises, reading room, laboratories etc. as may be prescribed, shall be provided by the institution on the land possessed by it under clause (i) above;
(iii) Institution shall follow approved courses and curriculum as provided in this Act;
(iv) The institution shall not run for profit to any individual, association of individuals, Non-Government Organisation, societies and trusts;
(v) Admission to the institution shall be open to all without any discriminations based on religion, caste, creed, race, or any of them;
(vi) The Managing Committee shall observe the provisions of the Act and the rules made thereunder;
(vii) The building or other structure in which the institution is carried on, its surroundings, furniture and equipment shall be adequate and suitable for an educational institution and, where there is any business premises in any part of the building in which such institution is run, the portion in which the institution is run adequately separated from such business premises;
(vii) The arrangements in the building or other structure and in the furnishings thereof shall meet adequately the requirements of health and hygiene;
(viii) The institution buildings or other structures or the grounds shall not be used during the day or night for commercial or residential purposes (except for the purpose of residence of any employee or students of the institution) or for communal, political or non-educational activity of any kind whatsoever;
(x) The accommodation shall be sufficient for the classes conducted in the institution;
(xi) There shall not be thoroughfare or public passage through any part of the institution premises [and the institution shall make proper parking arrangement for the use of the institution];
(xii) Sanitary arrangements at institution shall be adequate and are kept in good order and a certificate from the Health Officer of the local authority having jurisdiction over the area in which the institution is located as to the health and sanitary conditions of the institution and its surroundings has been furnished, and will also be furnished as and when required by the Director;
(xiii) Arrangements shall be made for the supply of good drinking water to the students and suitable facilities shall be provided to enable them to take refreshments, lunch or the like;
(xiv) The institutions shall be so conducted as to promote discipline and orderly behaviour and to maintain a high moral tone and ensure sufficient enrolment and maintain student teacher ratio as may be prescribed;
(xv) No teacher or student of the institution shall be compelled to attend a class in which religious instruction is given or take part in any religious activity. No teacher or student absenting himself from religious instruction or religious activity shall be made to suffer any disability on that account and no student shall be refused admission to the institution because of claiming exemption from attendance $t religious exercises or religious instruction by him or his parent or guardian;
(xvi) The institution shall be open to inspection by any of the following officers, namely;-
(a) any officer authorised by the Director;
(b) Director of Medical Services or Health Officer of the local authority concerned;
(c) The Medical and Health Officer authorised by the appropriate authority or the Director to examine the health of students or the sanitary conditions of the institution and surroundings;
(e) The District Transport Officer of the concerned district or any officer authorized by him to examine the condiTions and road worthiness of the vehicles used by the institution for transportation of the students and for any other purposes.]
(xvii) the institution shall furnish such reports and information as may be required by the Director from time to time and comply with such instructions of the Director as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in the working of the institution;
(xviii) Ail records of the institution shall be open to inspection by any officer authorised by the State Government or the Director, as the case may be, at any time and the institution shall furnish such information as may be necessary to enable the State Government or the Director, as the case may be, to discharge their duties and functions in accordance with the provisions of this Act and the rules made thereunder or any other law for the time being in force;
(xix) Every non-government educational institution shall make all endeavour to promote regional languages and cultural heritage of the State;
(b) In case of institutions situated in Municipal Towns,"the institution must obtain and in possession of a certificate from the Municipal Board/Town committee concerned to the effEct that the building and class rooms have been constructed confirming to the building by-laws of such Municipal Board and Town Committee;
(c) In rural areas, a certificate from Executive Engineer, PWD (Building Division) under whose jurisdiction the school falls shall have to be obtained and in possession to the effect that the buildings and class rooms have adequate safety measures and construction is safe to house a school;
Provided that the Executive Engineer shall include Assistant Executive Engineer in respect of the locality where no Executive Engineer is available.](xxi) Such other requirements as may be prescribed not inconsistent with the provisions of this Act.
11. Facilities to be provided by the non-government educational institution. - The non-government educational institutions shall provide such facilities for sports and physical education, library service, and other co-curricular activities, laboratory works, workshop practice etc. as may be prescribed. 12. Constitution of the Managing Committee - (1) Every non-government educational institution shall constitute a Managing Committee consisting of the following, namely:-|
(a) The Chairman or the President or the Principal managing agent of the society or trust or the association of individuals or the person or individual establishing the non-government educational institution, shall be the Chairman of the Managing Committee; |
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Chairman |
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(b) Head Master, the Principal of the institution, as the case may be |
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Member. |
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(c) ; wo representatives to be elected or selected by the Guardians from amongst themselves in a meeting to be convened by the School Authority in this behalf |
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Members |
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(d) Two Teachers/Lecturers of the institution elected or selected from amongst themselves |
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Members |
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(e) Any person who shall be educationist of the locality |
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Members |
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(f) Two members to be nominated or elected by the society or trust or association of individuals society or trust or association of individuals or the individual establishing and running the institution out of which one shall be chosen as the Member Secretary. |
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Member/ Member Secretary |
(a) enter at any time, with or without notice, any place or building or premises which he/she has reasons to believe, is being used as a non-government educational institution;
(b) make such examination of place, building or premises or inspect any place, building or premises, equipment, articles or documents including financial transactions and seize any of such equipment articles, documents deemed necessary for the purpose of examination/investigation or collection of evidence and retain them as long as necessary;
(c) after making the inspection, the Director or his authorized officer carrying out the inspection shall furnish a copy of the inspection report to the Manager of Managing Committee of the non-government educational institution to act upon the (sic) and for compliance thereof.
21. Utilization of Fund. - (1) Money received of , held by or on behalf of concerned non government educational institution shall be utilized for the purposes for which they are intended and shall be accounted for by the School Authority in such manner as may be prescribed. (2) The surplus fund of every such institution shall be invested in such manner as may be prescribed and shall be utilized towards educational development only. 22. Audit and Accounts - (1) The accounts of the non-government educational institutions shall be maintained and the audit shall be done in such manner as may be prescribed. (2) The institution shall furnish to the Director an audited statement of accounts at the closing of every financial year mentioning clearly the total receipts and expenditure during the last financial year. 23. List of Properties. - Every non-government educational institution shall maintain a list of the properties both movable and immovable owned or possessed by it and furnish the same to the Director at such time or in such manner as may be prescribed. 24. Withdrawal of recognition, order for closure - (1) Where any non-government educational institution fails to fulfil or comply with the provisions of the Act or violates any of the provisions of this Act or the rules ade thereunder or any order passed by the State Government or the Director under the provisions of this Act, the State Government may, at any time after giving a reasonable opportunity of being heard, order for withdrawal of administrative recognition and closing down of the nongovernment educational institutions. In the event of such closure, the individual, association of individuals, Non-Government Organisation, society or trust establishing and running the institution shall be solely responsible to the teaching and non-teaching staff, students, guardians and parents and other concerned persons or bodies etc. (2) The non-government educational institution established and functioning in the State without being registered under section 4, shall be liable to be closed down and in the event of such closure the individual, association or individuals, Non-Governmental Organisation, society or trust establishing and running the institution shall be solely responsible to the teaching and non-teaching staff, students, guardians and parents and other concerned persons and bodies etc. 25. Liability of the Chairman etc. to punishment. - Any non-government educational institution or School Authority thereof failing to comply with any direction issued to it by State Government or the Director in discharge of their duties under this Act, the Chairman, or President or the society or trust or the individual, association of individuals or any other person responsible for overall management of the institution or the owner thereof shall be held responsible and be liable to be punished with a fine which may extend to Rupees ten thousand for the first offence and in the event of commission of every subsequent offence the fine may extend to Rupees fifty thousand. 26. Assistance of Police and Civil administration. - Director may, as and when situation so demands, take the assistance of such police force or assistance from the Civil administration as may be necessary in discharge of his duties under this Act. 27. Jurisdiction of Civil Court barred. - Except as expressly provided in this Act, no decision or order made in exercise of any power conferred by or under the provisions of this Act shall be questioned in any Civil Court. 28. Delegation of powers of the Director. - The State Government may, by order, delegate any of the powers of the Director under this Act to such other officer as it may deem necessary. [28A. Appeal. - Any non-government educational institution or any individual. Non-Government Organisation, Society or Trust, as the case may be, establishing any non-government educational institution, aggrieved by the order of Director passed under any of the provisions of this Act, may prefer an appeal before the State Government against the order of Director within 30 days from the date of receipt of such order. Decision of the State Government in such appeal, shall be final and binding on all concerned.] 29. Protection of action taken in good faith. - No suit or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or any order made thereunder. 30. Removal of difficulty. - If any difficulty arises in giving effect to any of the provisions of this Act, the matter shall be referred to the State Government whose decision thereon shall be final. 31. Power to make rules. - (1) The State Government may make rules for carrying out the purposes of this Act. (2) All rules made by the State Government under this Act shall, as soon as may be after they are made, be laid before the Assam Legislative Assembly, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Assam Legislative Assembly may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
