section 9
Disqualification for Grant-in-aid
The Chhattisgarh Non-Government Colleges and Institutions in Higher Education (Establishment and Regulation) Act, 2006Any 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to provide the said facility within the stipulated time, the permission granted to run the institution shall stand withdrawn automatically.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.
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