Chapter II Chapter II

Establishment of Non Government Colleges and Other Institutions of Higher Learning

No educational institution of higher learning shall be established except in accordance with the provisions of this Act and any person who contravenes the provision under this Act or whose permission has been withdrawn/cancelled continues to run such institution shall liable to be punished with a simple imprisonment for a term of not less than fifteen days or with a fine of maximum of Rupees Three thousand or with both.

The institutions alreadyfunctional in imparting higher education which were established and recognised in accordance with the existing rules and regulations issued in this regard by the Government from time to time before coming into force of this Act, shall automatically deem to be higher educational institutions within the provisions of this Act. However, all such institutions have to comply with the provisions of this Act and the rules and procedures establishedthereunder 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 there underand such application shall be disposed off within a period of ninety days of their receipt by the Competent Authority.

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:

1. (a) establish new institution of higher learning; or
2. (b) opening higher classes in the existing institution; or
3. (c) starting new and innovative courses in the existing institution (Certificate, Diploma, Degree, Post Graduate Degree etc);

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 31st October of the year preceding the academic year in which the proposed institution is going to be functional along with following documents.-

1. (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;
2. (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;
3. (c) the copy of the rules, regulations, procedures, for the internal administration and financial position of the intended institution;
4. (d) powers, functions, responsibility and accountability of the key position holders in the society in clear terms;
5. (e) the details of the funds available with the society with respective proofs;
6. (f) the details of the land, if any, and the ownership proof thereof or the registered lease deed;
7. (g) the permission of the Competent Authority for acquiring the land for proposed institution;
8. (h) the copy of the approved plan of construction from civic authority;
   • (i) the details of building space with area classification for classroom, 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;
9. (j) the details of movable properties with proper classifications 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.;
10. (k) the details of the areas for outdoor playground, indoor play facility, mentioning the proximity with the main building of the institution;
11. (l) 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;
12. (m) the proposed intake of the students diploma, degree, PG degree, faculty-wise etc, and expansion programme;
13. (n) the details of the teaching and non teaching positions in the existing institution or for a newly proposed to be set up, recruited.
14. (o) the details of the Higher Education Institutions available within an area of 20 kilometers, where the proposed institution is to be established;
15. (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;
16. (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;

1. (1) The Corpus/ Endowment Fund as may be prescribed shall be deposited by Educational Agency of a Non Governmental (or Private) Institution only [not applicable to the Government College], according to the procedure prescribed, before the Secretary (Education) grants the approval for the establishment of the institution of Higher Learning.
2. (2) The Corpus Fund (Endowment) of the Non Government (or Private) Institution shall be deposited in a separate joint account of the management of the institution and the Secretary (Education), in a nationalized bank.In nocircumstances the Corpus Fund shall be allowed to be withdrawn; however, the Government reserves the right to permit the Educational Agency to withdraw the interest component earned on the deposits every after five years for running and maintenance of the institution at its discretion. In extra ordinary circumstances the Educational Agency may withdraw the interest component after a lapse of three years with the special permission of the Secretary (Education), with certain laid down conditions for the purpose.

Extent of Land and accommodation to be provided The extent of land and accommodation to be provided by the institution of higher learning shall be as prescribed by the State Government.

Requirements as to location of the institution It shall be mandatory for Educational Agency to have its own permanent structure on its own land. However, if it is possible then the Educational Agency, may request the Secretary (Education) who may permit after recording the reasons in writing.

1. (a) if the institution is proposed to be located within the premises of a institution belonging to an Urban or Rural Local Body, the Educational Agency shall get the prior permission of the local body as the case may be, to locate the proposed institution and to utilize the infrastructural facilities like accommodation, furniture, library,laboratory, playground etc. belonging to the already existing institution until separate infrastructural facilities are created for the proposed institution. The Educational Agency shall enclose the permission letter along with the application for the establishment of institution of higher learning. The Educational Agency shall take all necessary steps to create and provide required infrastructural facilities exclusively for the institution as early as possible. Further, it shall be mandatory on the part of Educational Agency to create and provide separate infrastructure in all respects within a period of five years from the date, permission is granted to establish the institution of higher learning in case, the Educational Agency fails to conform to this mandatory provisions, the permission so granted shall stand forfeited automatically. Also further, it will be the sole discretion of the Educational Agency to decide the type of institution of higher learning to be set-up at the venue.
2. (b) If the non-Government institution is proposed to be located in a private building or accommodation, prior permission from the Secretary (Education) has to be obtained. In such a case, Educational Agency has to submit a certified copy of the lease-deed of not less than five years with an undertaking that the building/accommodation is sufficient to cater to the needs of the proposed institution of higher learning. In addition to this, a documentary evidence is to be furnished that the Educational Agency has sufficient land in its ownership and funds to construct a separate building, that is to come-up within a period of five years along with the details of building plan, as approved by the concerned authority, if any, for the area.
3. (c) If the private institution of higher learning is proposed to be located within the premises of already existing institution, the Educational Agency shall provide all movable infrastructures like furniture, laboratory, library etc. and other improvements to make it suitable for the purpose of higher learning.
4. (d) If the institution is proposed to be set-up in an accommodation/ building donated by the Donor, in such cases the legal documentary evidence shall be produced to support the gift deed.
5. (e) In case the institution of higher learning is not covered by the aforesaid clauses, in such cases the decision of the Secretary shall be final and binding.
6. (f) Priority shall be given to the Educational Agency which wants to start institution of higherlearning in the following areas:

1. (1) Districts, Sub-divisions, and circles where there are no facilities of higher learning.
2. (2) Remote areas where accessibility is a major hindrance.
3. (3) 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 Secretary (Education).
4. (4) In urban area where institution of higher learning does not exist at present owing to non-fulfillment of prescribed numbers of student attributed by low population growth with low density.
5. (5) Where literacy rate is poor with particular reference to the higher education rate among the women.
6. (6) Where the private Educational Agency wish to start institution of higher learning in Public-PrivatePartnershipMode (PPP Mode)
7. (7) When the Educational Agency plans to start the institution of higher learning with residential facility.

The Competent Authority on his satisfaction that the procedural requirements of application, as laid down in this Act, have been compiled with, shall nominate a committee of expertsin the manner prescribed, to inspect the proposed institution within a period of ninety days of the receipt of the application, to ascertain the extent, conditions are full-filled, on a date convenient to both the parties. The committee after the visit ofthe institution shall furnish a written report within a month’s time mentioning findings and remarks so as to grant permission or not as the case may be.Further, the report has to elaborate on the aspects of courses of studies, subjects, intake capacityand the conditions of admission, and other, relevant points, which have to be stipulated at the time of granting permission.

1. (1) On receipt inspection report with satisfactory recommendations therein from the Expert Committee for the grant of permission, the Competent Authority may grant permission. However, if the Competent Authority differs with the recommendation of the Expert Committee due to valid reasons may refuse the grant of permission, after giving areasonable opportunity to be heard to the Educational Agency and recording the reasons thereof, in writing.
2. (2) In case the Competent Authority decides to grant permission, it shall initially accord a letter of intent, subject to fulfillment of such conditions, as may be prescribed in

the stipulated time. However it shall not go beyond the 31st May of the concerned

year of the start of the academic session. The concerned Educational Agency shall intimate the Competent Authority that the short comings listed in the intent letter has been fully met and shall make a written request to the Competent Authority for ordering a final inspection, to grant final permission to start the institution of higher learning from the forth coming academic session. Thereafter, on securing the permission from the Competent Authority, the Educational Agency shall approach

the University having jurisdiction over the territory for affiliation of the institution

and courses of studies.

1. (3) However, after the initial process of inspection for grant of permission, the Competent Authority shall ensure regular supervision and monitoring of the institution by appointing person/persons to submit every year’s progress report of the institution. In case the progress is not found satisfactory for consecutive three years, the permission shall stand withdrawn forthwith, after serving a due notice to the Educational Agency.
2. (4) the permission once granted shall remain valid for a period of one year and shall terminate automatically and for applying afresh, the entire process has to be followed.

No permission shall be granted to up-grade a higher secondary school into an institution of higher learning. However, with the prior approval of the Secretary (Education), within the same premises an institution of higher learning may be started, if the Educational Agency ensures all infrastructural facilities exclusively to start an institution of higher learning as required under this Act.

No application for introducing the new faculties, courses, subjects, and classes will be entertained for aninitial period of three years from the start of the institution. However, the Competent Authority at his discretion, after considering the infrastructural facilities and funds position for introducing the additional-ties and the yearly progress reports ofthe earlier permitted courses etc. of the institution, after recording the reasons and justifications in writing, may accord permission, after three years to the Educational Agency to do so.

The Educational Agencies granted permission to start institution of higher learning

shall not commence their academic programme without obtaining affiliation of the

No affiliation without permission Notwithstanding anything contained to the contrary in any law for the time being in force,the university shall not affiliate any institution without the permission or approval of the Directorate of Higher and Technical Education.

Restriction on transfer or shifting of institution

1. (1) No institution to whom the permission to establish an institution of higher learning has been granted to cater the needs of a local area shall be allowed to shift or transfer the location of the institution. However, the institution so shifted to a feasible area for betterment of education and building space or other facility should be within the said local area with prior permission of the Competent Authority.
2. (2) Any violation of sub-section
3. (1) above shall amount to withdrawal of permission automatically and shall need no notice from the Government.
4. (3) In no circumstances an Educational Agency to whom permission has been granted to start an institution of higher learning, shall transfer or alienatesuch permission or institution to another Educational Agency or Institution.

1. (1) Where the management of any educational institution contravenes any of the provisions of this Act and the rules framed there under; the Competent Authority for reasons to berecorded in writing, withdraw the recognition of the institution or initiate such other action as deemed fit, after giving a due opportunity of being heard, to the management of the institution before such withdrawal or action as the case may be.
2. (2) Where in the opinion of the Government that the permission granted to an institution of higher learning in public interest, need to be withdrawn, it may, after serving one month’s notice to the management of such institution to make representation in writing, withdraw the permission by notification.
3. (3) The Competent Authority shall withdraw permission accorded to a non-

Government institution either permanently or for any specific period as deemed fit

in the circumstances, including a permanently or temporarily recognised/affiliated institution, which has failed to meet the provisions of this Act, in the opinion of the

Control over examination system The examination system, be it internal or external assessment or partially internal and partially external or both, shall be governed by the rules, regulations and procedures formulated in the best interest of the quality of higher education, its reliability, and effectiveness for the students.

Under no circumstances a women’s institution shall be permitted to be converted into a co-educational or boys’ institution or a rural institution to an urban institution or vice versa, without the permission of the Government.

1. (1) The prospectus and application from 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. (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. (3) In no circumstances the intake of students shall be allowed to exceed the approved strength.

Fee structure 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.

Any income from the fund raised 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.

Establishment of separate Cells in Directorate of Higher & Technical Education 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 higher education; and 2.another for handling the affairs of technical education;

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.