Chapter II ESTABLISHMENT, PERMISSION FOR ESTABLISHMENT OF PRIVATE COLLEGES

No person shall, without the prior permission of the Government and subject to the terms and conditions specified in such permission, establish, on or after the date of commencement of this Act, any private college.

1. (1) The educational agency of a private college seeking permission to establish on or after the date of commencement shall make an application to the Government in the prescribed form for permission to establish a private college.
2. (2) Every such application shall:–
   • (a) Be accompanied by such fee as may be notified by the Government; and
   • (b) Contain the following particulars, namely:-
     • (i) the name of the private college and the name and address of the educational agency;
     • (ii) the courses offered for study for obtaining any qualification from a university;
     • (iii) the amenities available to students and teachers;
     • (iv) the equipment, laboratory, library and other facilities for instruction;
     • (v) the sources of income of the private college;
     • (vi) the situation and description of the buildings in which such private college is proposed to be established;
     • (vii) a statement showing compliance with the requirements and regulations framed by UGC and University;
     • (viii) such other particulars as may be prescribed.
3. (3) The educational agency of every private college in existence on the date of commencement of this Act, shall within such period as may be notified, submit to the Government a statement in the prescribed form containing.–
   • (i) the particulars specified in clause
   • (b) of sub-section (2);
     • (ii) the names of the members of the teaching and non-teaching staff and the educational qualifications of each such member; and
     • (iii) the number of students enrolled in each of the courses offered for study for obtaining any qualification from a university, on a yearly basis, for the last five years.

1. (1) On receipt of an application under sub-section
2. (1) of section 4, the Government may, after considering the particulars contained in such application, grant or refuse to grant the permission within a period of six months from the date of such receipt: Provided that before refusal of permission under this section, an opportunity to rectify the defects, if any, shall be given to the applicant.
3. (2) The decision of the Government under clause
   • (a) of sub-section
4. (1) shall be final;

No permission would be required for existing private colleges: Provided that the existing private colleges would be required to submit a statement under sub-section

1. (3) of section 4 of the Act within a period of six months from the coming into effect of this Act failing which, the private college would be deemed to have no permission under the provisions of the Act.

The Govt. shall on or before the first day of July each year, publish on the official website of the Education Department, a list containing the names of all Private Colleges established under this Act together with such particulars and in such manner as may be notified.