The Chhattisgarh Non-Government Colleges and Institutions in Higher Education (Establishment and Regulation) Act, 2006

(1) This act may be called "the Chhattisgarh Non-Government Colleges and Institutions in Higher Education (Establishment and Regulation) Act, 2006". (2) It shall come into force from the date of its publication in the Official Gazette. (3) It extends to the whole State of Chhattisgarh.

In this Act, unless the context otherwise requires,— (1) "Academic Session" means the period of twelve months beginning from the first day of July of a calendar year or such other period as may be prescribed by the State Government or Universities; (2) "Affiliated College" means a college which is admitted to the privileges of a University in accordance with the provisions of the relevant University Act; (3) "Ancillary Services" means such services as libraries, laboratories, hostels, canteens, games and sports facilities, and other equivalent services; (4) "College" means an institution for higher education, including technical, professional, management or teacher education, which is recognized by the State Government and is affiliated to or recognized by a University; (5) "Committee" means the State Level Committee constituted under Section 7; (6) "Employer" means the person or body responsible for the management of the affairs of a non-government college or institution; (7) "Fees" means all charges realized by the institution from the students by whatever name called, including developmental charges, or other charges for academic or ancillary services; (8) "Fund" means the fund of the institution; (9) "Governing Body" means the body, by whatever name called, charged with the management of the affairs of the institution; (10) "Government" means the State Government of Chhattisgarh; (11) "Higher Education" means education leading to a degree, diploma or certificate to be awarded by a University or an institution deemed to be a university; (12) "Institution" means an establishment imparting higher education as defined in this Act; (13) "Management" means the committee or body of persons administering the affairs of a non-government college or institution; (14) "Non-Government College or Institution" means such college or institution which is not established or maintained by the Central Government or the State Government or any other State Government; (15) "Prescribed" means prescribed by rules made under this Act; (16) "Principal" means the head of the institution; (17) "Recognized" means recognized by the State Government under this Act; (18) "Relevant University Act" means the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 or any other relevant University Act for the time being in force; (19) "State Level Committee" means the committee constituted under Section 7; (20) "Student" means a person enrolled in a college or institution for higher education; (21) "Teacher" means a person appointed for the purpose of teaching in a college or institution; (22) "University" means a University established or incorporated under any relevant University Act; (23) "University Acts" means the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 or any other Act relating to a University prevailing in the State of Chhattisgarh. This Act applies to all the private colleges and/or the institutions of Higher Education aided in full or in part or unaided by the Government of Chhattisgarh and situated within the State of Chhattisgarh imparting general education within the concept of University Grants Commission and under recognition from the Department of Higher Education of the State Government. This act applies to all the private colleges and/or the institutions of Higher Education aided in full or in part or unaided by the Government of Chhattisgarh and situated within the State of Chhattisgarh imparting general education within the concept of University Grants Commission and under recognition of the Department of Higher Education of the State Government.

In this Act, unless the context otherwise requires;— (1) "Aid" means the financial assistance sanctioned by the State Government with regard to certain specified purposes under the provisions made there for; (2) "Aided college" means any college or institute aided financially regulated by the maintenance grant sanctioned by the Government of Chhattisgarh; (3) "College Code" means the provisions contained under Statute No. 28 of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (No.22 of 1973); (4) "College" means a private, aided or non-aided institution of teaching duly maintained by or admitted to the privileges of the University by or under the provisions of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973, running with the institutional title of a college or being other than the 'College', but by nature, working, scope and criteria, which falls within the concept of a college in Higher Education; (5) "Commissioner" means the Commissioner of Higher Education or the officer of authority to whom powers have been delegated on his behalf by the Government or by the Commissioner; (6) "Competent Authority" means an authority specified as a Competent Authority by the Government by notification to perform the function of the Competent authority under the Act for such area or for such purposes as may be specified in the notification; (7) "Educational Agency" means the educational committee, society, trust or association sponsoring, managing, administering, controlling, owning a non-government educational institution in higher education, unless otherwise specifically mentioned; (8) "Employee" means a member of the staff, teaching or non-teaching, employed by a college or an institution of higher education, whether aided or non-aided; (9) "Foundation Society" means a body of persons registered or incorporated by law for registration and statutory incorporation, which funds and maintains an educational institution admitted to seeking admission to the privilege of the University and where the governing body of this society is superseded under section 33 of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 the person or persons appointed by the State government to manage the affairs of the society; (10) "General Education" means every branch of education other than technical education and includes special education; (11) "Governing body" means the governing body constituted in accordance with the provision of the college code statute; (12) "Government" means, unless specified otherwise, the Government of Chhattisgarh. (13) "Grant" means the financial grant provided by the State Government to the educational institutions to promote and maintain academic standards and infrastructure by way of maintenance (salary) grant, ad-hoc grant, or in any other shape as the case may be; (14) "Higher Education Department" means the Department of Higher Education functioning under the Government; (15) "Inspection" means the scrutiny of records, registers and checking of physical specifications as determined by the Competent Authority in regard to building, libraries, laboratories, playgrounds and other allied matters and overall appraisal of the educational institutions and its functionaries in the development of the institution; (16) "Institution" means College; (17) "Maintenance/Salary Grant" means the grant payable regularly for the teachers and employees of the aided colleges by the State Government to cover their salaries and allowances etc.; (18) "Management" means in relation to any institution, the governing body there of within the meaning of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), and the expression management of the institution shall be construed accordingly; (19) "Non Government College" means a college managed and run by any group of the persons, trust or society beyond the direct administrative control of the Government; (20) "Non-aided College" means a college other than the aided college or institution; (21) "President of the foundation society" means a person who is duly elected as its president (by whatever name called) by the foundation society and is the exclusive head their of and when the society is superseded under section 33 for the Society Registrikaran Adhiniyam, 1973 the person or the head of the body of the persons appointed by the State Government to manage the affairs of the society; (22) "Teacher" means any member of the teaching staff in an education institution appointed to give instruction in that institution; (23) "University" means a University established or incorporated by or under a Central Act, Provincial Act or State Act, and includes any such institution as may, in consultation with the University concerned, be recognised by the Commission in accordance with the regulations made in this behalf under the University Grants Commission Act, 1956 and working under the jurisdiction of the State of Chhattisgarh.

No educational institution shall be established except in accordance with the provisions of this act and any person who contravenes the provisions of this section or who after the permission granted to him under this section having been cancelled continues to run such institution shall be punished with simple imprisonment which shall not be less than six months but which may extend to three years and with fine which shall not be less than Rs. 3,000 but which may extend up to Rs. 50,000.

The institutions imparting education, which were established and recognised in accordance with rules in force immediately before the commencement of the said act and in existence at such commencement shall be deemed to be educational institutions, established and recognized under the said Act, provided that they comply with the provisions of the said act and the rules made there under, within such period and in accordance with such procedure as may be prescribed; Provided that any private institution imparting education which is in existence at the commencement of the said Act but which has not been recognized for accordance with the rules in force immediately before such commencement, shall make an application for recognition in accordance with the provisions of the said Act and the rules made there under and every such application shall be disposed of within sixty days of its receipt by the Competent Authority.

The competent authority shall, from time to time, conduct a survey as to identify the educational needs of the locality under its jurisdiction, and notify in the prescribed manner through the local newspapers calling for applications for permission to, (a) establish an institution imparting education; or (b) open higher classes in an institution imparting higher education; or (c) open new course (Certificate, Diploma, Degree, Post-Graduate Degree Courses, etc.). recognized under the said Act, provided that they comply with the provisions of the said act and the rules made there under, within such period and in accordance with such procedure as may be prescribed; Provided that any private institution imparting education which is in existence at the commencement of the said Act but which has not been recognized in accordance with the rules in force immediately before such commencement, shall make an application for recognition in accordance with the provisions of the said Act and the rules made there under and every such application shall be disposed of within sixty days of its receipt by the Competent Authority. The competent authority shall, from time to time, conduct a survey as to identify the educational needs of the locality under its jurisdiction, and notify in the prescribed manner through the local newspapers calling for applications for permission to, (a) establish an institution imparting education; or (b) open higher classes in an institution imparting higher education; or (c) open new course (Certificate, Diploma, Degree, Post-Graduate Degree Courses, etc.).

The State Government may, by notification in the Official Gazette, constitute a State Level Committee for the purpose of this Act and it shall consist of the following members: (a) Principal Secretary/Secretary of the Higher Education Department as Chairman; (b) Director, Higher Education as Member-Secretary; (c) Representatives from Finance, Law and Legislative Affairs Departments not below the rank of Deputy Secretary; (d) Representatives of the Universities; (e) Representatives of the non-government colleges; (f) Representatives of the teachers; (g) Representatives of the educationists; (h) Such other members as may be nominated by the State Government. (1) The committee for the approval of the grant-in-aid to the Non-Government colleges shall consist of the following: (a) Commissioner, Higher Education (Chairman), (b) Nominee of the Finance Department (Member), (c) Director, Higher Education (Member Secretary), (d) Representative of the concerned University, (e) Member of the Legislative Assembly (Two members) as nominated by the State Government, (f) One expert as nominated by the State Government, (g) Representative of the Chhattisgarh Private College Teachers Association. (2) The term of the committee and the procedure of the meetings shall be decided by the State Government. Any society registered under the provisions of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 desirous to open a college may make an application in the manner prescribed on this behalf, not later than the 31st October of the year preceding the academic year in which the institution is proposed to be opened, to the Commissioner along with, (a) the proof of registration of the society; (b) the details of the management and the managing body concerned; (c) the details of the funds available with the society supported by their respective proofs; (d) the details of the land and buildings having space for office, classrooms, laboratories, common-room, games and sports etc. with basic amenities as of toilets, water and electricity. Documented proof in support of ownership, hire or lease should be Any society registered under the provisions of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 desirous to open a college may make an application in the manner prescribed on this behalf, not later than the 31st October of the year preceding the academic year in which the institution is proposed to be opened, to the Commissioner along with, (a) the proof of registration of the society; (b) the details of the management and the managing body concerned; (c) the details of the funds available with the society supported by their respective proofs; (d) the details of the land and buildings having space for office, classrooms, laboratories, common-room, games and sports etc. with basic amenities as of toilets, water and electricity. Documented proof in support of ownership, hire or lease should be submitted. It should be ensured that such provisions are made for at least five years; (e) the details of immovable property required to run the institution, such as furniture and equipments for the office, class, laboratories, common-room etc; (f) constitution of the incorporated body which should necessarily contain along with its other provisions the description of management and its committees and the rules and regulations, procedures for administrative and financial management of the proposed institution; (g) a copy of the tentative budget for three years showing the proposed revenue and expenditure; (h) a copy of the proposed faculties and classes; (i) permission of the competent authorities for land acquired and the buildings for constructions with approved plans; (j) availability of facilities of higher education within a radius of 20 km. of the area proposed; (k) availability of the proposed courses in the institutions within the area proposed; (l) feasibility report as to:- (i) need for providing educational facilities to the people in the locality; (ii) adequacy of financial provisions for continued and efficient maintenance of the institution as prescribed by the Competent Authority; (iii) location is sanitarily fit with healthy surroundings.

(1) The Committee shall discharge such duties and have such powers as may be assigned to it by the State Government for the implementation of the provisions of this Act. (2) The Committee shall advise the Government on matters relating to the establishment and regulation of non-government colleges and institutions. (3) The Committee shall monitor the functioning of the non-government colleges and institutions to ensure adherence to standards and compliance with the regulations framed under this Act. The institution shall be eligible for grant-in-aid only when it fulfils the following conditions: (1) It must be registered under the Society Registration Act, 1973 or a public trust. (2) The institution should be running in a building of its own or should have a building on a long-term lease. (3) The management must follow the Government recruitment rules for the appointment of staff. (4) The institution must submit its audit report every year. (5) The institution must maintain the standard of education as per the guidelines issued by the Higher Education Department and the concerned University. (6) The financial position of the institution should be sound and it should have clear accounts for all its transactions. (7) The institution should have clear admission policies and fee structures as prescribed by the State Government. (1) The corpus fund (endowment) as may be prescribed, shall be deposited by the educational agency according to the procedure prescribed before the Commissioner of Higher Education accords permission for establishment of the institution. (2) The educational agency of the private institution shall deposit the corpus fund (endowment) in the joint account of the management and the Government represented by the Commissioner of Higher Education concerned, in any nationalized bank. Under no circumstances the corpus fund deposited shall be permitted to be withdrawn. The Government may, however, permit the educational agency to utilize the interest part, for the development of the institution every five years. However, in exceptional cases the educational agency, may request the Commissioner of Higher Education to reduce this time interval to three years. Nevertheless, this period in any case shall not be less than three years with certain laid down conditions.

Any institution failing to abide by the rules framed by the Higher Education Department or the provisions of this Act shall be disqualified from receiving grant-in-aid. The extent of land and accommodation to be provided by the educational institutions shall be as prescribed. Furthermore, the educational agency shall provide suitable buildings for accommodating the proposed institution as per the specifications laid down by the State Government. It shall be mandatory for the educational agency to have its own permanent structure on its own land. However, if it is not possible then the educational agency may request the Commissioner of Higher Education, who may permit after noting down the reasons;-(a) If the institution is proposed to be located within the premises of an institution belonging to the zila panchayat or the municipality concerned, the educational agency shall get the prior permission of the zila panchayat or the municipality concerned, as the case may be, to locate the proposed institution and to utilize the facilities like accommodation, furniture, library, laboratory, playground, etc. belonging to the already existing institution until separate accommodation etc. are provided for the proposed institution. The educational agency shall send the letter of permission along-with the application for the establishment of the institution. The educational agency shall take necessary steps to provide necessary accommodation and other facilities exclusive for the proposed institution, at the earliest; However, it shall be mandatory for the educational agency to provide separate accommodation to the institution being run by it within five years. In case the educational agency fails to provide the said facility within the stipulated time, the permission granted to run the institution shall stand withdrawn automatically. However, it shall be at the discretion of the educational agency as to which institution it wants to run at the said venue; (b) if the private institution is proposed to be located in a private accommodation, the Commissioner of Higher Education may permit the educational agency to do so provided that a lease hold building suitable for accommodating the institutions is acquired and that a lease-deed for a period of not less than five years is produced. The educational agency shall also produce documentary evidence to show that they have the requisite land and funds to construct the buildings and that they are prepared to construct the said buildings within a period of ten years at the latest; (c) If the private educational institution is proposed to be located within the premises of an already existing institution, the educational agency shall provide necessary accommodation and other facilities like furniture, library, laboratory, etc. exclusively for the use of the proposed institution, as per the specifications laid down by the Department of Higher Education and or University concerned; (d) If the institution is proposed to be located in a building donated by a donor, then the necessary documentary proof shall be produced; (e) If the institution is proposed to be located in a place not covered by any of the clauses cited above, then the decision of the Commissioner of Higher Education shall be final; (f) Priority shall be accorded to the educational agency who wants to open institutions of higher learning in the following areas:- (i) Blocks where there are no facilities for higher education; (ii) Remote areas of the state not accessible; (iii) Inter state border areas where educational institution do not exist on either side; (iv) Physical distance exceeds 30 km. from the next existing seat of higher learning. However, in exceptional cases the distance could be reduced to 20 km.; (v) Tribal blocks where the population of the scheduled Tribes exceeds 50%. (vi) Urban areas where higher educational institutions do not exist in consonance with population density; (vii) Where literary rate is very low with special reference to percentage of literacy in higher education for women; (viii) Where the educational agency plans to start residential colleges in the tribal blocks. However, the educational agency can approach the Government for private public participation for starting residential colleges in the tribal blocks.

(1) The Government may provide financial assistance to private institutions based on the following criteria: (a) The performance of the institution in the previous academic years, (b) The number of students enrolled, (c) The availability of necessary infrastructure, (d) Need for higher education in the area, (e) Quality of research and development activities in the institution. (2) The amount of assistance provided shall be subject to the availability of funds and the discretion of the State Government.

The institution shall fix the tuition fees and other charges in accordance with the limits prescribed by the State Government from time to time. The Competent Authority, on being satisfied with the contents of the application shall nominate a committee of experts in the manner prescribed, to inspect the proposed institution of higher education within 45 days of the receipt of the application. In order to find out the extent of fulfillment of the conditions prescribed on a convenient date to both the parties, the committee shall visit the institution and will submit its report within a month giving its findings and remarks so as to grant permission or not. Further, the report shall also specifically state the subjects, course of study, the number of students for admission and the conditions if any, which may be stipulated while granting, or for granting the permission.

(1) Every institution shall maintain its accounts in the prescribed manner and get them audited by a chartered accountant annually. (2) The audited statement shall be submitted to the Department of Higher Education within the prescribed time limit. (3) Non-submission of the audit report shall attract penalties as defined under this Act. (1) On receipt of inspection report recommending grant of permission, the Competent Authority shall proceed to grant permission unless it is satisfied that there exists circumstances justifying refusal of permission; (1) On receipt of inspection report recommending grant of permission, the Competent Authority shall proceed to grant permission unless it is satisfied that there exists circumstances justifying refusal of permission: Provided that if the Competent Authority proposes to differ with the inspection report recommending grant of permission, it shall be obligatory for him to give reasonable opportunity of hearing to the applicant before taking final decision of refusal. (2) In case the Competent Authority decides to grant permission, it shall initially accord letter of intent subject to fulfillment of such conditions as may be prescribed in the stipulated time. However, this shall in no case extent beyond 31st May of the concerned year. The concern education agency shall inform the Competent Authority about having taken care of the deficiencies enumerated in the letter of intent. Further, the said agency shall request for a final inspection, to grant permission for starting the institution from the ensuing academic session. Thereafter, the educational institution shall approach the concerned University for affiliation immediately after procuring the permission of the Competent Authority. (3) In case the educational agency requests for relaxation in time to fulfill the requirements, then it shall be at the discretion of the Commissioner of Higher Education to do so after getting a report from a person or persons appointed for the purpose by the Competent Authority. However, the Competent Authority shall direct the person or persons appointed to submit a report every year regarding the fulfillment of progress of the concessions granted for the said purposes and incase the progress is not found satisfactory continuously for three years the permission granted shall stand withdrawn forthwith by issuing notice.

The Management Committee of the college shall ensure that the administration of the college remains transparent and complies with the statutes and regulations of the University and the State Government. No permission shall be granted for the establishment of an educational institution by way of upgradation of a higher secondary school into degree college; however, with the prior approval of the Commissioner of Higher Education, it can be permitted to be established within the premises of an existing institution provided the educational agency is prepared to provide the prescribed requirements like accommodation, furniture, library, laboratory and other facilities exclusively for the proposed class or category of institution.

Every college shall ensure the rights of the students to quality education and shall have a designated cell for the resolution of student grievances. No application for initiating further new courses, faculties and classes will be considered until the end of the third year from the date of incorporation of the newly established institutions: However, the Competent Authority may accord permission for opening additional sections or courses subject to the availability of various physical facilities like accommodation etc, required for the proposed additional sections or courses, after three years from the date of incorporation.

(1) The institution shall adhere to the statutory requirements for the appointment of qualified teachers and staff. (2) The infrastructure requirements, as specified by the guidelines, must be maintained. (3) Institutions shall not indulge in unfair trade practices related to admission or fee collection. The Competent Authority on application from the educational agency for cases cited under section 10 (f) shall: (1) Grant concession of 50% on value of immovable properties or corpus fund fixed as a norm in general cases for a period not exceeding three years from the date of granting permission by the Government in cases where, (i) the institution proposed is being established in a notified rural, tribal area; and (ii) no institute of higher education, general or vocational, within radius of 20 km. of the proposed location. However, an application for obtaining the rebate mentioned herewith shall have to be made by the respective management committee. (2) The Government, in cases of the tribal blocks and of the notified blocks where facilities for higher education do not exist within a radius of 50 km may further consider proposal for opening of or running a new college within the premises of any existing higher secondary school either owned by the Government or by a private body, duly registered in accordance with the provisions of the said Act, subject to the conditions that- (i) accommodation, furniture and other educational facilities are available; (ii) permission from such existing institution as is aforementioned in sub-section (1) is produced with the proposal. (3) Moreover, the Government may consider giving concessions for the following, provided the educational agency has at least 15 acres of land registered with the society, however, if the area where the institution is to be opened is in tribal area, then at least 5 acres of land should be registered with the society; (i) 50% of the total expenditure for administrative buildings, class rooms, hostels, sports complex, and laboratory, as per the estimate of public works department or any approved agency by State or Central Government and the buildings being constructed by public works department; (ii) 100% of the salary of the teachers appointed as per University Grant Commission norms which shall be mandatory initially for a period of ten years; (iii) 50% of the cost of equipments purchased for vocational courses started; (iv) 100% of the cost of relevant course books purchased for vocational courses; However, the above concession shall not be applicable for institutions that want to run traditional courses. Further more, a committee whose chairman shall be the collector of the district under which the institution falls shall nominate the concession enumerated above. The issuance of the concession granted every year shall only after the receipt of the utilization certificate countersigned by the chairman of the monitoring committee.

The State Government or an authorized agency may conduct inspections to verify the compliance of the institutions with the provisions of this Act. The institution having obtained the permission from the Government shall not commence their academic curriculum unless they get affiliations from the concerned University.

Any violation of this Act found during an inspection shall be reported to the Competent Authority for necessary action. Notwithstanding anything contained to the contrary in any law, the University shall not grant affiliation to any institute without permission or approval of the Department of Higher Education. Further, the University shall send a copy of the affiliation order to the Commissioner of Higher Education for information.

(1) The State Government may, by notification, amend the rules or schedules of this Act. (2) Such amendments shall be laid before the State Legislature. (1) No institution for which permission to establish has been granted to meet the educational needs of a particular area, shall be permitted to be shifted to another area. However, it shall be permissible to shift the institution from one building to another within the same vicinity for the purpose of providing better accommodation or shifting into own building with the prior permission of the Government. (2) Any unauthorized shifting of the institution shall render automatic withdrawal of the permissions granted to the institution, without any further notice. (3) The educational agency, for which permission to establish an institution has been accorded shall not transfer the institution to another educational agency under any circumstances.

(1) Where the management of any educational institution contravenes any of the provisions of this act and the rules framed thereunder; the Competent Authority may, for reasons to be recorded in writing withdraw the recognition of the institution or take such other action as is deemed necessary after giving to the management an opportunity of making representation against such withdrawal or action. (2) Where the Government is of opinion that the permission granted to any educational institution in public interest, be withdrawn, it may, after giving one month's notice to the management of such institution to make any representation withdraw by notification, the permission granted to the said institution. (3) The Competent Authority shall withdraw permission granted to the private educational institution permanently or for any specific period as may deem fit, when an institution, including a permanently recognized/affiliated institution in the opinion of the competent Authority has failed to fulfill any of the conditions.

In case of any ambiguity in the interpretation of the provisions of this Act, the decision of the State Government shall be final. The examination system whether by internal assessment, external assessment or partly internal or partly external, shall be regulated by the rules prescribed in the interest of making it reliable and effective method for student evaluation.

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Government or any officer is empowered by this Act to determine. Under no circumstances women's institution shall not be allowed to be converted into co-educational or boys' institution and vice versa without the permission of State Government.

[Omitted] (1) The application prescribed for admission of students and the advertisement calling for the application shall contain the particulars of order under which the institution has been established. (2) The admission of students into various courses shall be as per the rules of admission prescribed by the University concerned, from time to time. (3) In no case the intake of student shall exceed the prescribed limits of strength. The principal of the institution shall be personally liable for violation of the rules of admissions.

(1) Any person or institution aggrieved by an order under this Act may prefer an appeal to the designated appellate authority. (2) The decision of the appellate authority shall be final. (1) The Government shall constitute a permanent standing committee comprising of seven members of which the Commissioner of Higher Education shall be the chairman, Additional Director of Higher Education member-secretary, one member of the management, the principal of college, one principal of the government colleges, one principal of non-government colleges, and one educationist to be nominated by the Government for fixing and regulating the fee structure. (2) The standing committee while deciding the fee structure shall take into account the incentives given by the Government to the institution.

The Government may, by order, exempt any class of institutions from the operation of all or any of the provisions of this Act. No income through commercial use of the land or building shall be allowed, where the government has provided the aid in whatever shape, to acquire the land or construction of building or both thereon without the permission of the State Government.

Any existing regulation, order, or notification that is inconsistent with this Act is hereby repealed to the extent of such inconsistency. Any income from the funds raised for the specific purposes shall be used for the purposes concerned only and no part of it shall be allowed either to spend elsewhere or to invest it commercially. However, use of remains of such funds can be permitted, on application and after due inspection of the records, towards meeting out the deficit in pension funds in salary aided colleges, or for meeting out the deficit in payment of the salaries to regular teaching staff in non-aided colleges.

A permanent cell shall be constituted at the Directorate of Higher Education under an officer not below the rank of Additional Director to handle all the affairs pertaining to private institution. The Additional Director so appointed shall be the member-secretary of the standing committee constituted for fee structure.

(1) Recruitment for the post of a teacher or an employee in an institution shall be made with prior permission from the State Government and in accordance with the provisions of College Code Statute No. 28. However, the application for permission shall be routed through the concerned University. (2) The Government shall have no objection, if the college recruits teachers out of the resources for the institution. Under no circumstances such posts shall be transferable to the general posts already sanctioned by the Government.

The affiliating University shall take appropriate steps in the matter pertaining to placement or promotion of teachers as per the provisions of College Code Statute No. 28 from time to time. However, these placement/promotions shall be subjected to the approval of the Commissioner of Higher Education who shall further take the concurrence of the finance department of the Government. The committee constituted for this purpose shall have one member of the Government to be appointed by the Commissioner of Higher Education.

The University shall review the service conditions of the employees of these aided institutions at least once in three years and inform the government from time to time about the outcome of the review.

(1) Grant-in-aid shall be provided to recognized educational institutions under private management subject to the conditions hereinafter specified and with due consideration of the requirements of each locality. (2) The grants can be sanctioned for (i) maintaining the salary and allowances in aided institution, (ii) building, instruments or land, or other allied purposes to such extent and within such limits and with such conditions as may deem fit to the Government. (3) Government decision on Grant-in-aid shall be final and shall not be challengeable in any court of law.

(1) Maintenance grant is a recurring grant provided for payment of the salaries to such employees (including teachers) of the non-governmental institutions as were appointed with the concurrence of either Higher Education Department of Madhya Pradesh Government or Madhya Pradesh Uchcha Siksha Anudan Aayog prior to the commencement of the said Act. (2) Ad-hoc Grant is a non-recurring grant to be provided for such non-aided colleges, as have been running successfully with good record for five years, prior to submitting application for the assistance.

The sanctioning authority may consider application for the grants available for the non-governmental institution, provided that; (i) the institution applying for a specific grant has been registered as a society under the Registrikaran Adhiniyam in force and has been duly recognised by the Government under the concerned laws for eligibility to the grant; (ii) the institution has been in existence and running for not less than five years in case of the ad-hoc grants and ten years of its establishment in case of maintenance grants; (iii) the application for grant is for such purposes only as have been provided by the Government; (iv) the application for grant is not associated with promotion of any sectional interest, based on a particular caste, creed or community; (v) the institution has no such antecedents, which render it ineligible for the assistance in its record; (vi) the number of students enrolled in and benefited by the institution.

Every application for the sanction of grant shall be made to the Government, in such form as may be prescribed, together with a declaration signed by management of the recognized institution to the effect, (i) that the conditions of recognition and of grant are being and shall continue to be fully observed; (ii) that all facilities for inspection of that institution, its accounts, registers and other records relating to the purpose shall be provided as and when required; and (iii) that all the returns and reports prescribed in this behalf submitted to the Competent Authority within the time specified by it.

Except in cases where reference to Government is required, the Commissioner of Higher Education shall sanction grants to be paid from state funds.

The assistance grant on salary for the educational staff of aided college, shall be limited to such courses and subjects pertaining to general education only, as are provided in the government colleges and as are recognized by the Department of Higher Education. However, if the aided colleges wish to start any new course other than the existing courses, it shall do so out of its own resources raised for the purpose.

The accounts of every institution receiving aid from Government, shall be subject to audit and it shall be open to the Commissioner, to decide in respect of each institution whether such audit shall be carried out by the auditors of his department or by outsiders and how often and at what intervals such audit shall be carried out. The auditors deputed by the Commissioner shall be given full access to all registers, records, account books etc. that the auditors find it necessary to be perused to a satisfactory discharge of their duties.

The Government may after necessary investigation withhold, withdraw, suspend, reduce the grant, or to recover the amount under objection, and to vest into the Government, the property created out of grants, (i) if the institution concerned fails to maintain all or any of the conditions of recognition or aid; or (ii) it refuses admission to any student on the ground of caste or community to which the student belongs; or (iii) if the management or any of the teachers employed in the institution takes part in political agitation directed against the authority of Government; or inculcates opinions tending to excite feelings of disharmony or disaffection amongst the students; or (iv) if the institution directly or indirectly, encourages propaganda calculated to bring in hatred, ridicule or contemptuous of the beliefs and practices of any religion; or (v) if there is violation of any orders of the Commissioner with regard to the employment of any teacher whose certificate has been cancelled or suspended after due enquiry or who after due enquiry has been considered by him to be unfit or undesirable to be a teacher; or there is falsification of registers; or misuse of special fee collections or other funds for purposes other than those for which they are collected or there is misrepresentation regarding fees, attendance or mass copying has been reported by the University or other matters or other proved fraud or irregularity; or (vi) if the institution concerned fails to disburse the salaries of teachers and employees as per University Grants Commission scales and State Government or willfully violates the instructions of the Government in carrying out its directives given or fails to submit the quarterly report as to the number of students enrolled, the curriculum completed as per schedule, the utilization certificate of the grant disbursed for the said purpose to the Commissioner of Higher Education; or (vii) if the grant provided is used for the purposes other than those for which they have been sanctioned.

The eligibility of an institution for purposes of aid from state funds shall cease automatically if the recognition of that institution is withdrawn and such ineligibility shall take effect from the date, from which the withdrawal of recognition takes effect. Subject to this condition, an institution, which works throughout a financial year or for a part of a year, shall be eligible for grant of such period whether or not it works beyond that period.

The existing number of posts of teachers and other employees sanctioned by the Government or created with the approval of the Government in a salary-aided non-government educational institution under any law in force immediately before the commencement of the Act shall not be decreased or increased without the concurrence of the State Government.

Notwithstanding any thing to the contrary, any educational institution under private management which has been in receipt of grant-in-aid in shape of maintenance grant from the Government under any law in force before the commencement of the Act shall continue to receive such grant-in-aid without any abatement or diminution of any kind whatsoever, provided it fulfils the conditions laid down in section 5. Explanation: "Maintenance Grant" or salary grant shall mean and include the grant payable to the teachers and employees of the college by the State Government towards their salary, dearness allowance, other allowances etc. under the existing provisions. However, the teachers working in such subjects, courses and faculties which also run under the Department of School Education, the same scales will be effective which is effective, to the teachers of the same subjects, courses and faculties of Department of School Education, even if the college has taken permission from the Department of Higher Education or M.P. Uchcha Shiksha Anudan Aayog to start such subject, courses and faculties in the college concerned. This provision shall be deemed to come in force from 1st November, 2000.

(1) In case, where the managements of aided educational institutions do not pay dearness allowance at rates notified by the Government for the staff in such institutions, the Commissioner shall early out investigation into the financial position of the institution and, if after such investigation he is satisfied that the managements can afford to pay the allowance at Government rates, shall direct the management concerned to pay the allowance at Government rates. (2) If after the issue of such a direction, the managements receiving grants from state funds do not pay the allowance at Government rates, the grant payable to them may be withheld either in full or in part.

Every institution receiving grant shall be under the management of one or more persons recognized by the department who in the capacity of proprietors, trustees or members of committee elected by the society or association by which the institution is maintained, shall undertake or be answerable for the maintenance of the institution and the fulfillment of all the conditions of recognition and aid including the due enforcement of such rules of discipline as are prescribed from time to time.

A separate account shall be opened in a treasury or sub treasury of the area where the institution is situated, for each institution under the head provided as per the rules for the purpose of payment of the salary of the teachers and employees in which the institutional fund for the institution shall be deposited.

No person or educational agency shall establish or run a non-government college or institution of higher education without the prior permission of the State Government. For the purpose of operation of the account opened under the provisions of the Act, the provisions of Chhattisgarh Treasury Code shall apply mutatis-mutandis. The institutional fund shall be operated jointly by a representative of the institution nominated by its management and the Commissioner of Higher Education and the rules framed by the Government. Under the said Act on certain conditions as may be prescribed in the rules, the state Government may issue an order authorizing the Commissioner or his nominee to operate the account singly for such period as may be specified in the order.

(1) Any person or educational agency desirous of establishing or running a non-government college or institution of higher education shall apply for permission in the prescribed format and along with the prescribed fee to the prescribed authority. (2) The State Government shall consider the application received under sub-section (1) and shall grant or refuse the permission and convey the decision to the applicant in the prescribed manner. (1) The principal of the institution, who shall send the pass book to the treasury or sub treasury in the last week of every month so that the entries may be made therein, shall maintain the pass book of the account of every institution. (2) The pass book shall be sent to the treasury or sub-treasury in the last week of April in every financial year for making entries pertaining to the financial year ending on 31st March. The principal shall tally the balance in the account as on 31st March with the account maintained by him. If any discrepancy is found it shall be removed by reconciliation with the accounts maintained by treasury or sub-treasury.

Any person or educational agency running a non-government college or institution without obtaining the requisite permission under this Act shall be prohibited from running such institution and the State Government shall have the power to take such actions as it deems necessary to stop its operations including sealing of the premises and initiation of legal proceedings. All such teachers and other employees of the institution, who are on approved roll of the Government and the University Grants Commission for grant-in-aid as salary, shall open two accounts each in any nationalized Bank or post office convenient to them and specified by the Government for payment of salary. Out of these, the amounts of their salary shall be deposited in one account and the amount of their provident fund shall be deposited in the other account. However, it shall be the responsibility of the management to disburse the salaries to all the categories of employees latest by last day of every month and shall not be later than 5th of the ensuing month under any circumstances. A communication having complied with the above provision shall invariably be sent to the Commissioner of Higher Education by 10th of every month failing which it shall call for stringent action against the management as per prescribed rules.

The State Government or any officer authorized by it shall have the power to inspect the premises, records, and accounts of any non-government college or institution established or run under this Act to ensure compliance with the rules and regulations prescribed. The pay bill and the treasury cheque issued thereon will be signed by the authorized nominees by the management and the Department of Higher Education on their respective behalf, after being duly checked as per rules by the later; the authorized signatory of the Department of Higher Education prior to signing the pay bill of the institution shall ensure that statement of the fees collected in the previous months is enclosed in duplicate and also that the amount due to be deposited on this account has been deposited with the treasury or sub treasury. Any discrepancy noted, while checking the bill or the cheque by the nominee of the higher education department will have to be removed by the institution before the cheque is executed.

The State Government may impose a penalty as prescribed for non-compliance with the provisions of this Act or the rules framed thereunder by any non-government college or institution. A pay slip shall be issued to every teacher or employee each month by the principal, wherein the pay and allowances for the salary month, the deductions made from his salary and the amount deposited in his bank account will be shown.

No non-government college or institution shall charge, directly or indirectly, any capitation fee or donation from students or parents at the time of admission or during the course of study beyond the prescribed fee structure. Out of the total amount of the fees recovered by the management at the specified standard rates under the Act, fifty percent will be earmarked to meet the expenses of the institution and the remaining fifty percent shall be deposited with the treasury or sub treasury by the last date of every month by adjustment or by the challan in accordance with the rules thereon.

The fee structure for different courses in non-government colleges or institutions shall be regulated by the State Government or an authority designated by it. The account of fees retained by the institution after depositing 50 percent of the amount of fees with treasury or sub treasury shall be maintained separately. The principal shall be responsible for maintaining this accounts.

Every non-government college or institution shall maintain proper accounts and get them audited annually by a chartered accountant, and submit a copy of the audit report to the prescribed authority. Cashbook, treasury cheque books and account books relating to salaries and fees, vouchers and other papers relating to payment of salaries and fees of the institution and all other details of transaction as may be prescribed shall be kept in the custody of the principal of the institution. The responsibility of maintaining the accounts shall be of the principal and he shall make all books relating to accounts and all other papers available at the sight of audit.

The accounts of every educational institution receiving grants out of state funds shall be inspected and audited at the end of every financial year by the auditors deputed by the Department of Higher Education. The management is required to submit the financial statement with supporting statements as prescribed under the rules to the Commissioner not later than the first of May every year.

Save as otherwise provided in the said Act, no non-government institution in full or in part shall be closed down or discontinued, unless a notice of not less than one academic year expiring with the end of any academic year and indicating the intention to do so, has been given by the management to the Competent Authority.

In the event of the institution being closed down or discontinued or its permission and recognition being withdrawn, the management shall hand over or cause to be handed over to the Competent Authority the custody of all the properties, records and accounts of the institution in their possession.

(1) Every non-government college or institution shall constitute a selection committee for the appointment of teaching staff as per the qualifications laid down by the University Grants Commission or the State Government. (2) The committee shall include representatives as deemed necessary by the Government. (3) The selection of teaching staff shall be done in a transparent manner as per the norms prescribed. (1) Notwithstanding anything contained in any law for the time being in force no sale, mortgage, lease, pledge, charge or transfer of possession in respect of any property of a non-government institution shall be made or creation except with the previous permission in writing of the Competent Authority on an application made in this behalf. (2) (a) No permission applied for under sub-section (1) shall be refused by the Competent Authority except where the grant of such permission will in its opinion, adversely affect the working of the institution; (b) The Competent Authority shall pass an order, either granting or refusing permission applied for within a period of sixty days from the date of receipt of the application; (3) Any person aggrieved by an order refusing permission under sub-section (2) may in such manner and in such time as may be prescribed, appeal to the prescribed authority. (4) Any transaction made in contravention of sub-section (1) shall be deemed null and void.

(1) The terms and conditions of service of employees, including teaching and non-teaching staff, of a non-government college or institution shall be as prescribed by the Government. (2) The management shall ensure that the salaries and other allowances are paid as per the norms set by the State Government. (3) No employee shall be removed or terminated without following the due process of law and providing ample opportunity of being heard. The Government may, by order in writing, permit the transfer of any such land or building subject to such conditions as they may impose if: (1) The transfer is made in furtherance of the purposes of the educational institution or of ancillary purposes approved by the Government, and the proceeds of such transfer are to be wholly utilized in furtherance of the said purposes; (2) The transfer is made only in part in furtherance of the purposes aforesaid, provided repayment is made to the Government of such portion as the Government may define; (3) The transfer is made for any other valid reason, provided repayment is made to the Government in full of the grant provided under the said Act;

Any dispute arising between the management and the staff or students shall be referred to the authority prescribed by the State Government for adjudication. Where any management incurs debts for the purpose of running an educational institution without proper authorization by the management of such institution and where it is found by the Competent Authority after making an enquiry that the money received through such debts have not been utilized for running the institution, it shall be the personal liability of such management to discharge the said debts.

Every non-government college or institution is mandated to maintain the standards of education as prescribed by the University or the affiliating body, failing which action may be taken. Every educational agency shall within such time or within such extended time as may be fixed by the competent authority in this behalf furnish the Competent Authority such returns, statistics and other information as the Competent Authority may, from time to time, require.

(1) No non-government college or institution shall be closed down without prior approval of the State Government. (2) In case of closure, the management must ensure that the interest of the students is protected by making arrangements for their transfer to other recognized institutions. The Competent Authority may, for the purpose of this Chapter by order: (a) power by any authority to enter and it may be prescribed in the order, in relation to the property of the institution; (b) require any person to furnish to such authority such information relating to the property as may be specified in the order.

Any violation of the provisions of this Act or rules made thereunder shall be punishable with such fine or other disciplinary action as may be specified by the State Government. The posts in each category of employees of the educational institutions, which have been vested in the Government under this chapter shall be a separate unit for seniority, discharge, reversion, for want of vacancies, reappointment of probationers and approved probationers and appointment of full members.

The State Government may issue such directions to the non-government colleges and institutions as it deems fit for the promotion of higher education and for the implementation of the provisions of this Act. Ad-hoc Grant means the non-recurring grant set apart annually out of the State Fund of the Government meant to assist such recognized non-aided institutions of higher education as may, subject to the conditions laid down hereunder, qualify for the assistance for the following purposes: (i) Extension of building particularly for toilets, washer-washing room, library, laboratories, girls common room and staff room; (ii) Purchase of apparatus and instruments for educational or technical purposes; (iii) Purchase of books of original referential value; (iv) Purchase of racks and almirahs for the library; (v) Purchase of computer and advanced teaching aids, for providing facilities of purified drinking water or for water supply and drainage system; (vi) Furniture for the classrooms. (vii) For purposes under sub section (3) of section 15 Provided that the grant shall not be admitted to fulfill the basic conditions laid down for establishment of a new college and shall be used only for enhancement of the facilities available and to fulfill the requirements of the growing institution.

The institution intending to apply should have,- (a) completed a period of five years since the session from which students were admitted for the first year of the facilities provided; (b) a strength of students not less than,- (i) three hundred in case of urban areas (ii) one hundred and fifty in case of scheduled areas, girls' colleges and the areas where there is no such institution of higher education within the radius of 25 km; (c) been paying the salaries for academic staff as per University Grants Commission scales to the extent possible and Government scale for non-teaching staff; (d) a copy of the salary statement of both academic and non-academic staff as proof of evidence in order to qualify for ad-hoc grant.

Every non-government college or institution shall have a governing body constituted in the prescribed manner to manage the affairs of the institution. Any institute, which has,- (a) failed to comply with any of the conditions provided under this act or any other law; (b) been charged for mass copying by the University or the Commissioner or for any such misconduct which bears on the reputation of the institution concerned; shall not be eligible for ad-hoc assistance grant.

The governing body shall perform such functions for the academic and administrative development of the institution as prescribed. The priority in consideration of grants shall be given to the institutions, (a) from schedule areas; (b) for education exclusively for women; (c) from such notified blocks, where there is no facility whatsoever of higher education; (d) which have been established under the public-private partnership in management with at least 30% of the movable and immovable property having been provided in the shape of public share of the properties of the institution; (e) which are established for, and running with, the complete range of vocational or applied subjects and courses.

(1) Admission to courses in non-government colleges shall be strictly based on merit. (2) Reservation policy of the State Government shall be applicable to all non-government institutions. (1) The Government may sanction grant up to Rs. 5 lacs as the maximum limit subject to the condition that not more than Rs. 2 lacs shall be sanctioned for any single item; (2) An institution to which a grant has been sanctioned shall not be eligible to apply for the next grant until expiry of the three completed years from the date of sanction of the grants; (3) The amount of sanction shall be decided by the Department or Government on the basis of eligibility and justification of the proposed plan submitted by the institution along with the application; (4) The Government shall have the exclusive right to decide the size, shape and amount of the grants; (5) The Government shall have the power to accept or reject partially or in full the application without assigning any reason and such decision shall be final.

The State Government may, by notification, make rules for carrying out the purposes of this Act. Any institution fulfilling conditions laid down for ad-hoc grant may apply in prescribed form addressed to the Commissioner of Higher Education by 31st of October.

All institutions existing prior to this Act shall be deemed to be registered under this Act provided they comply with the mandatory conditions within the prescribed period. Subject to the provisions of the Act, (1) For making purchases the Bhandar Kraya Niyam 2003 of the Government shall be made applicable. (2) A separate register for inventory shall be maintained for the ad-hoc grants wherein entry on all the expenditures must be recorded. (3) Vouchers and other documents related to the ad-hoc grant shall be preserved separately and should be presented before the auditors of the department and inspection authority as and when asked for. (4) Use or Expenditure of the amount sanctioned as ad-hoc grant shall be restricted to the approved plan or items permitted by the Commissioner of the Higher Education, on sanctioning the grants. (5) The property created out of the ad-hoc grant or the items purchased there from are subject to physical verification by the authorities of the Government. (6) The ad-hoc grant shall not be used for payment of salaries etc. or for any other purposes except those for which it has been sanctioned. (7) Statement of expenditure on use of the ad-hoc grant along with the vouchers and audited account shall be sent by the institution to the Commissioner in three months of the expiry of the period permitted for use of the grant in the sanction order. (8) The sum or amount which remains unspent, shall be returned immediately within the period specified under sub-section (7) of this section by the institution to the Government.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions consistent with the Act as appear to it to be necessary for removing the difficulty. (2) The State Government may specify the composition of committees, criteria for staff recruitment, student welfare norms, and infrastructure standards. (1) Subject to the provisions of the Act, the Government may by notification make rules to carry out all or any of the purposes of the said Act: (2) In particular and without prejudice to the generality of foregoing subsection such rules may provide for,- (i) the manner in which in any enquiry under the Act shall be held; (ii) the registers, statements, reports, returns, budgets and other information to be maintained or furnished by approved colleges for the purpose of the Act; (iii) the establishment of maintenance and administration of educational institution; (iv) the recognition to educational institutions and the conditions therefor; (v) regulating the rates of fees, the levy and collection of fees in educational institutions; (vi) the manner in which accounts, registers, records and other documents shall be maintained in the educational institutions and the authority responsible for such maintenance; (vii) the inspection of educational institutions and the officers by whom inspection shall be made; (viii) the mode of keeping and the auditing of accounts of such institutions; (ix) the standards of education and courses of study in educational institutions; (x) the grants of sums by the Government to educational institutions towards providing scholarships, bursaries, fee concessions etc.; (xi) the preparation and submission of development plans for educational institutions in general education and the contents of such plans; (xii) the powers and the functions of the officers and other subordinate staff of the Higher Education Department; (xiii) the preparation and sanction of building plans and estimates of the educational institutions and the requirements to be fulfilled by the building for the educational institutions maintained by the local authorities and private institutions; (xiv) the purposes for which the premises of the educational institutions may be used and the restrictions and conditions subject to which such premises may be used for any other purpose; (xv) the regulation of the use of text books, maps, plans, instruments and other laboratory and sports equipment in the institutions; (xvi) the regulation for admission into educational institutions of students for the academic course, private study and other special courses and the attendance there at; (xvii) the qualifications necessary and other conditions to be fulfilled for appearing at the examinations conducted by the authorities under the Act and the method of valuation or revaluation of answer scripts; (xviii) the manner of conduction of the class and terminal examinations within the institution; (xix) the conditions subject to which donations or contributions from the public may be accepted by the educational institutions and the naming of institutions; (xx) the conditions for co-education in the educational institutions and the regulation of it.

(1) The Government or the Competent Authority may authorise any officer not below such rank as may be prescribed to inspect any educational institution in the state. (2) The officer authorised under sub-section (1) shall exercise general powers of inspection over the working of the educational institution. (3) The management and the employees of the educational institution shall at all reasonable times be bound to afford to the aforesaid officer all such assistance and facilities as may be required for the purpose of such inspection. (4) The management shall comply with such directions or suggestions as may be given provided that the management aggrieved by any such direction or suggestion may appeal, within thirty days from the date of receipt of such direction or suggestion to the prescribed authority whose decision on such appeal shall be final.

Notwithstanding anything contrary contained in the Act, the State Government may by general or a special order subject to such conditions, if any, as it may deem fit to impose or exempt any institution or class of institutions from all or any of the provisions of the Act. Provided that any such order shall specify the ground for imposition or exemption mentioned under the aforesaid provision.

Any sum, which is required to be credited by the management of any institution to the institutional fund under the provision of the Act may if not credited to the said fund within the period specified therein, shall be recovered from the management of such institution in the same manner as an arrear of land revenue.

If any difficulty arises in giving effect to the provisions of the Act the State Government may, by order, not inconsistent with the provisions of the Act remove the difficulty. Provided that no such order shall be made after the expiry of a period of two years from the commencement of the Act.