The Assam Coaching Institutes (Control and Regulation) Act, 2025
The Assam Coaching Institutes (Control and Regulation) Act, 2025
1. Short title, extent and commencement
- (1) This Act may be called the Assam Coaching Institutes (Control and Regulation) Act, 2025.
- (2) It extends to the whole of the State of Assam.
- (3) It shall come into force at once.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context-
- (a) “appellate authority” means the authority constituted under section 19 of the Act;
- (b) “appropriate authority” means the authority as assigned by Home and Political Department, Government of Assam for the purpose of sub-section
- (7) of section 4;
- (c) “coaching” means tuition, instructions or guidance in any branch of learning imparted to students but shall not include counseling, sports, dance theatre and other creative activities;
- (d) “coaching institute” means an institute established and administered by any person or body of persons or society or trust or company to provide guidance and coaching for any study programme or competitive examinations or academic support to students at school, college and university level with more than 50 students;
- (e) “Competent Authority” means the District Commissioner of the concerned district;
- (f) “curriculum” means the curriculum prescribed by all India or State level competitive examinations and different Boards;
- (g) “District Authority” means the authority constituted under section 6 of the Act;
- (h) “Government” means the Government of Assam;
- (i) “prescribed” means rules made under this Act;
- (j) “Proprietor” means owner of the coaching institute seeking registration or registered and includes joint owners;
- (k) “registered coaching institute” means the coaching institutes registered under the Act;
- (l) “registration” means the registration of coaching institute under this Act;
- (m) “registration certificate” means the registration certificate issued under this Act;
- (n) “registration fee” means requisite fee for the registration of coaching institute;
- (o) “student” means students enrolled in coaching institutes;
- (p) “tuition fees” means the amount of money or fees taken from the enrolled students for academic support by the registered coaching institute, namely, admission fees, teaching fees etc;
- (q) “tutor” means a person who guides or trains students in any coaching institute and includes tutor giving specialized tuitions;
- (r) “violation” means violation of provisions of the Act or rules made thereunder and the notifications issued under the provisions of Act or rules.
3. Registration of coaching institute
- (1) Any person, body of persons, institute, trust, company, who are running a coaching institute prior to the commencement of the Act, shall apply to the competent authority for registration of their coaching institute within a period of thirty days from the date of commencement of this Act in such form and manner as may be prescribed.
- (2) Any person or body of persons or company, society, trust who desires to impart coaching or establish or run a coaching institute shall apply for registration of the coaching institute before the District Commissioner of the concerned District within whose jurisdiction such coaching centre is intended to establish.
- (3) The following information shall be provided by the applicant coaching institute while applying for registration of the coaching institute, namely:—
- (i) Determination of Curriculum :-
- (a) curriculum or Class timetable along with suitable space for relax time or break period to the students;
- (b) number of maximum students for every curriculum;
- (c) the prospectus having the number of lectures, tutorial, group discussions etc.;
- (d) number of batches with maximum number of students for every curriculum.
- (ii) Classes :-
- (a) the duration of the time for classes in the coaching institute for the Students who are studying in institutions or schools;
- (b) weekly off time for students;
- (c) co-curricular activities for enhancing cognitive abilities of students;
- (d) classes for students who are studying in institutions or schools;
- (e) counseling sessions for tutor, employee as well as students on life skills, creativity and innovativeness, fitness, emotional bonding and well-being, gender sensitization and abuse prevention, ethical and moral reasoning, Fundamental Duties, citizenship skills and values, environmental awareness, sanitation and hygiene etc.
- (iii) Academic qualification of teachers :- The teaching shall be performed by non-government teachers or retired teachers having at least graduation, and the bio-data of the teachers alongwith their academic qualification and experience shall be mentioned.
- (iv) Tuition fees –
- (a) the tuition fees for different courses or curriculum being charged;
- (b) shall be fair and reasonable and receipts for the fee charged shall be made available.
- (v) Physical Infrastructure –
- (a) the basic structure of the coaching institute shall be such that a minimum of one square meter area shall be available for each student;
- (b) if the coaching institute is running in rented house, they shall have an agreement with the property owner for at least 3(three) years.
- (vi) Other facilities :-
- (a) sufficient infrastructure (bench or desk etc.) proportionate to the number of students enrolled;
- (b) sufficient lighting arrangement (electrification) and good ventilation;
- (c) facility of safe and potable drinking water;
- (d) facility of separate toilets for male and female within the coaching institute building premises;
- (e) facility of complaint box or register for the students to raise a complaint;
- (f) arrangement for fire extinguisher and adherence to fire safety codes, building safety codes and shall obtain a Fire and Building Safety Certificate from appropriate authority;
- (g) medical treatment facility with availability of first aid kit;
- (h) display of referral services like hospitals, doctors for emergency services, police helpline details, fire service helpline, women helpline etc.
- (i) CCTV cameras wherever required for security purpose;
- (j) facility of parking of cycles or vehicles.
- (4) The tenure of a registration certificate shall be for a period of 2
- (two) years and the coaching institute shall move for renewal of registration, prior to the expiry of the registration.
- (5) In case of coaching institute having multiple branches, each of such branch shall be treated as separate coaching institute and it shall be necessary to submit a separate application for registration of each branch.
- (6) The competent authority shall, within three months from the date of receipt of the application for registration of a coaching institute, either grant or reject the application.
- (7) The competent authority shall give approval for the registration of coaching institute by issuing a registration certificate in such form as may be prescribed. In case of rejection of the application, the competent authority shall communicate to the applicant the order of refusal to grant such registration after recording reasons in writing, for such refusal: Provided that no order of refusing the registration shall be given except after giving a reasonable opportunity of hearing to the coaching institute.
- (8) Every registered coaching institute shall apply for renewal of registration certificate to the competent authority two months prior to the date of expiry of such registration, in such form, with such fees and documents as may be prescribed.
- (9) The Government shall create a web-portal or online mechanism to facilitate the registration of coaching institute in faceless manner with minimum human interface.
4. Conditions to be fulfilled by the coaching institutes
- (1) No coaching institute shall:—
- (i) engage tutors having qualification less than graduation;
- (ii) make misleading promises or guarantee of rank or good marks to parents or students for enrolling them in the coaching institute;
- (iii) enroll student below 16 years of age or the student enrolment shall be only after secondary school examination;
- (iv) publish or cause to be published or take part in the publication of any misleading advertisement relating to any claim, directly or indirectly, of quality of coaching or the facilities offered therein or the result procured by such coaching institute or the student who attended such class;
- (v) have less than minimum space requirement per student;
- (vi) hire the services of any tutor or person who has been convicted for any offence involving moral turpitude.
- (2) Every coaching institute shall have a website with updated details of the qualification of tutors, courses or curriculum, duration of completion, hostel facilities(if any) and the fees being charged, easy exit policy, fee refund policy, number of students undertaken coaching from the institute and number of students finally succeeded in getting admission in Higher Educational Institutions etc.
- (3) Every coaching institute shall adhere to the various laws, rules, regulations etc. including separate registration as applicable in the local jurisdiction.
- (4) All coaching institutes within the municipal area shall possess a valid Trade License issued from the competent authority under the Guwahati Municipal Corporation Act, 1969 and Assam Municipal Act, 1956 and from local authorities in panchayat areas and the terms and conditions mentioned in the Trade License shall be strictly adhered to.
- (5) All coaching institutes within the municipal area shall ensure that the particular building, from which their institutes operates, has a valid Occupancy Certificate issued by the competent authority and the particular building premises is used for commercial purpose only.
- (6) There shall be a Governing Body comprising representatives of management, students and Guardians.
- (7) Each coaching institute shall obtain prior security clearance from the appropriate authority, considering national security concerns.
- (8) The Coaching Institutes shall not engage in any affairs relating to religious conversion and shall strictly adhere to the secular principles as enshrined in the Constitution.
5. Undertaking by the proprietor of coaching institute
Each application for registration of a coaching institute shall be accompanied by an undertaking by the proprietor stating that,—
- (i) he shall use only the word ‘registered coaching institute’ and shall not use the words ‘recognized’ or ‘approved’ on any sign board or any prospectus or correspondence or communication of whatever nature or at any place;
- (ii) coaching classes for those students who are also studying in institutions or schools shall not be conducted during their institution or school hours;
- (iii) the necessary informations regarding the qualification of the tutors, time table of the coaching classes, the fee charged and general informations, as specified, regarding the coaching classes shall be displayed on the website and notice board at prominent place in the premises of the coaching institute;
- (iv) he or any tutor or person employed, in any manner in the coaching institute has not been convicted for any offence involving moral turpitude and that any change in employment of tutor shall be immediately intimated to the competent authority;
- (v) he shall abide by the condition regarding the specified number of students to be admitted in the coaching class;
- (vi) he shall abide by the other terms and conditions of this Act;
- (vii) the application for renewal of the registration shall be accompanied by a copy of the statement of accounts audited by Chartered Accountant.
6. District Authority
District Authority
6.
- (1) There shall be a District Authority within a district, for registering and inspection of coaching institutes.
- (2) The District Authority shall consist of the following members, namely :-
- (a) District Commissioner – Chairman
- (b) Superintendent of Police – Member
- (c) Additional District Commissioner, Education – Member Secretary
- (d) One College Principal of the district to be nominated by the District Commissioner – Member
- (e) Any member to be co-opted by District Commissioner – Member
7. Powers and functions of the District Authority
Powers and 7.
- (1) The District Authority shall ensure strict compliance of functions of the the provisions issued under this Act. District Authority
- (2) The other powers and functions of the District Authority shall be the following, namely :-
- (i) The District Authority shall take all such steps as necessary for ensuring the promotion and protection of all stakeholders along with ensuring imparting of quality education in all private coaching institutes
8. Procedure of registration
Procedure of registration
8.
- (1) Any person or body of persons or society or trust or company who desires to establish or run a coaching institute shall apply before the District Commissioner within whose jurisdiction such coaching institute is situated in such form as may be prescribed with such fees as may be specified by Government from time to time.
- (2) On receipt of the application of coaching institute, the Competent Authority shall scrutinize the application along with the documents submitted and may ask for such other informations or documents from the applicant as may be prescribed and subject to the fulfillment of the conditions mentioned under section 4 shall issue a registration certification to the applicant.
- (3) The District Commissioner may, on receipt of an application for renewal of registration in the prescribed form and on payment of the prescribed fees, shall decide on the application for renewal of registration number before the expiry of the registration period and may renew the certificate or may refuse thereof to the applicant before the expiry of the registration period, after recording the reasons for such refusal in writing :
9. Provided that no order of refusal of the renewal of registration shall be passed without giving to the person concerned a reasonable opportunity of hearing.
Enquiry of activities of coaching institute
- (1) The District Commissioner shall enquire, by an officer not below the rank of sub-divisional officer or by a team of officers, about the fulfillment of the required eligibility criteria of registration and the activities of coaching institute.
- (2) The officer or the team of officer shall conduct the enquiry in such manner as may be prescribed.
- (3) The officer or the team of officer shall submit the report to the District Commissioner within a period of such time as may be prescribed.
- (4) After receipt of the enquiry report from the concerned officer or team of officers the District Commissioner shall submit the said report before the District Authority.
10. Code of Conduct by the coaching institute
- (1) The total number of students to be enrolled in each class or batch shall be defined in the prospectus and published on website and under no circumstances, enrollment shall be increased in a class or batch during currency of the course.
- (2) The enrolment of students should be in line with the requirements of maintaining healthy teacher-student ratio so that the students are able to connect with the tutor and has easy access and visibility to the screen/blackboards.
- (3) Students of age below 16 years shall not be enrolled by coaching institute or the student enrolment shall be made only after secondary school examination.
- (4) The coaching institute shall apprise the students about the difficulty of exams, syllabus, level of intensity of preparation and efforts required from the student before enrolling into the curriculum.
- (5) The coaching institute shall make the students aware of the educational environment, cultural living, realities and difference between preparation of school level examinations and competitive examination.
- (6) The coaching institute shall provide information about other career options to the students apart from options for admission in engineering and medical institutes, so that they do not get stressed about their future and can choose a new option of alternative careers.
- (7) The coaching institute shall conduct an admission or mock test to assess the capability of the student. Based on the capability and interest of student, the coaching institute may convey the realistic expectation of student’s capability to parents and suggest the way forward.
- (8) The coaching institute shall declare before parents of the admitted students that admission in the coaching institute is no way guarantee of success for admission in institutions like medical, engineering, management, law etc. or in the competitive examination.
- (9) The coaching institute shall conduct periodic workshops and sensitization sessions regarding students’ mental health in collaboration with mental health professionals.
- (10) The coaching institute shall create awareness amongst students and parents regarding the pedagogy, the timeline of the course, the facilities available in the coaching institute and need to be counseled about negative impacts of unnecessary mental pressure and burden of expectation on their children.
- (11) The coaching institute shall not make public the result of assessment test conducted by it. Keeping the assessment test confidential, it shall be used for regular analysis of performance of students and the student whose education performance is deteriorating, should be provided counseling as per the provisions of this Act.
11. Counselors and Psychologists Support
- (1) The coaching institutes shall take steps for mental well being of the students and conduct classes without putting undue pressure on its students. They shall establish mechanism for immediate intervention to provide targeted and sustained assistance to students in distress and stressful situation.
- (2) The coaching institute shall engage counselors and experienced psychologists to counsel and provide psychotherapeutic service to students for the resolution of mental stress and depression in such manner as may be prescribed.
12. Inclusivity and Accessibility
- (1) The coaching institute shall not discriminate against any applicant/student on the basis of religion, race, caste, sex, place of birth, descent etc. during the admission and teaching process.
- (2) Special provisions shall be made by the coaching institute to encourage greater representation of students from vulnerable communities such as female students, students with disabilities, and students from marginalized groups.
- (3) The coaching institute building, and the surrounding premises shall be Divyang-friendly and in compliance with the provisions of the Rights of Persons with Disabilities Act, 2016.
- (4) The coaching institute shall comply with Divyang-friendly provisions such as braille, e-readers, and toilets etc. wherever possible.
- (5) The coaching institute shall not make batch segregation on academic performance ground, as it leads to excessive pressure on the students affecting their mental health.
13. Batches shall be formed in the order of entry/admission of students and the batch shall not be changed till completion of the course.
Maintenance of Records
- (1) The coaching institute shall maintain and produce such records, accounts, registers, or other documents, as may be prescribed.
- (2) The coaching institute shall submit the annual report to the competent authority for the record.
14. Restriction on shifting of Coaching Institute
Coaching institute shall conduct coaching only at the place mentioned in the registration certificate of the institute and shall not shift to any other place without the prior written approval of the Competent Authority in that behalf.
15. Cancellation of Registration
- (1) The Government may, by passing an order to its effect, without prejudice to any other penal action that may be taken for violation of relevant law, may cancel the certificate of registration granted to the coaching institute, if the concerned competent authority is satisfied that the coaching institute has contravened any of the provisions of this Act or violated any of the terms and conditions subject to which the registration was granted : Provided that, no such order shall be passed by the competent authority without giving the holder of such certificate a reasonable opportunity of showing cause against the proposed order.
- (2) In case of serious misconduct or allegation, the Government may direct the District Commissioner to suspend the registration of the coaching institute immediately till the completion of the enquiry under provisions mentioned under sub-section
- (1) and
- (2) of section 13.
16. Procedure and power of the Competent Authority
The competent authority for the purposes of any inquiry or proceedings under this Act shall have the power of civil court under Code of Civil Procedure, 1908 in respect of following matters, namely :-
- (i) to summon and to enforce attendance of any person, and his examination on oath;
- (ii) to accept evidence with proof through affidavit;
- (iii) to receive evidence on affidavit;
- (iv) to enforce production of records;
- (v) to award cost; and
- (vi) any other matter which may be prescribed.
17. Penalty
In case of violation of any provision of this Act or the rules and notification issued under this Act, the coaching institute shall be liable to pay penalty of Rs.1,00,000 (one lakh) for the first offence and for subsequent offences, the registration of the institute shall be cancelled.
18. Disposal of complaints
- (1) The complaints may be filed before the Competent Authority against the coaching institute by the students or parent or tutor or employees of the coaching institute and against the students or parents by the coaching institutes.
- (2) The complaints shall be disposed of within 30 (thirty) days by the Competent Authority from date of receipt of the complaint.
- (3) After enquiry, the committee may impose penalty or take action for cancellation of registration as the case may be.
19. Appellate Authority
Appellate Authority 19. There shall be an Appellate Authority which shall consist of the following members, namely:-
- (a) Senior most Secretary of Higher Education Department - Chairman
- (b) Secretary of Higher Education Department - Member
- (c) Director General of Police or his nominee not below the rank of Superintendent of Police - Member
- (d) Director of Higher Education, Assam - Member
- (e) Financial Advisor of Higher Education Department - Member
- (f) an officer of Assam Legal Service not below the rank of Deputy Legal Remembrancer, Legislative Department - Member
- (g) an officer not below the rank of Deputy Secretary, Higher Education Department - Member Secretary
- (h) The Chairman may adopt any other member as may be deemed fit - Member
20. Power to Make Rules
Power to Make Rules 20. The Government, subject to previous publication, for the purposes of enforcement of the provisions of this Act, shall make rules and regulations and may issue notifications for carrying out the purpose of this Act.
21. Power to Remove Difficulties
If any doubt and difficulties occur in the enforcement of the provisions of this Act, the Government shall issue any such clarification which deems necessary for removal of doubts and difficulties under this Act or the provisions of rules made under this Act and issue notifications.
PDF: pending for this language.