No: 6 Dated: May, 07 2010

The Arunachal Pradesh Colleges and Institutions of Higher Education (Establishment and Regulations) Act, 2010

(ACT NO. 6 OF 2010)

    An Act to provide for regulation of the establishment and working of the Colleges and Other Institutions of Higher Education in the State of Arunachal Pradesh.

    BE it enacted by the Legislature of the State of Arunachal Pradesh in the Sixty-first Year of the Republic of India as follows :

Chapter -I

Preliminary

1. Short title Extent and commencement:- (1) This Act may be called the Arunachal Pradesh Colleges and Institutions of Higher Education (Establishment and Regulations) Act, 2010

(2) It shall extend to the whole of the State of Arunachal Pradesh and applicable to all the colleges and /or the institutions of Higher Education be it Government College, or non-Government College and situated in the territorial jurisdiction of the State of Arunachal Pradesh imparting general education within the concept of University Grants Commission or technical education within the concept of any council created by Government of India to regulate a particular technical education and recognised by the Department of Higher and Technical Education of the State.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions:- In this Act, unless the context otherwise requires,-

(1) "General Higher Education" means every branch of education including special education but other than technical education which leads to award of a degree in an educational discipline by a University/deemed University or an Institute duly established by Jaw i.e., post secondary;

(2) "Technical Education" means special branch of education, training and research in the field of engineering/technology/ professional education imparted by various Institutions, which leads to award of a diploma (2 to 3 years duration) or degree or post graduate degree (3 years to 4 years duration) in any technical discipline of engineering/ technology/profession viz. Civil, Mechanical, Electrical, Chemical, Electronic, Telecommunication, Instrumentation, Information Technology, Architecture, Textile, Pharmacy, Interior Design, Travel and Tourism Management , Hotel Management, Office Management and Secretarial Practice, Management, Town Planning and other diversified related professional/technical courses approved by the AICTE and recognised by a University/deemed University or an Institute duly established by law and approved by the Arunachal Pradesh State Council for Technical Education.

(3) "Council" means the Arunachal Pradesh State Council for Technical Education;

(4) "College Code" means code as may be prescribed by Rules under this Act;

(5) "College/Institution of higher learning" means a Government college and non-Government College/Institution by whatever name called, means college/institution engaged in imparting instructions leading to the award of academic/ professional degree in general or technical education and affiliated with a University/Council/deemed University for the purpose of award of certificates ;

(6) "Secretary" means Secretary (or by whatever name or Designation called) of Education under the State Government or any other Officer to whom power has been delegated to function as such, by the State Government on this behalf ;

(7) "Competent Authority" means any authority specified as Competent Authority by the Government by notification to perform the function of the Competent Authority under this Act for such area or for such purposes as may be specified in the notification;

(8) "Educational Agency" means and includes the Directorate of Higher & Technical Education in respect of Government colleges and in respect of non-Governmental educational Institutions, a committee, society, trust, or an association sponsoring, managing, administrating, controlling, and running an Institution of Higher Education;

(9) "Employee" means member of teaching or non-teaching staff employed by a College/Institution whether Government or nonGovernment ;

(10) "Foundation Society" means a body of persons incorporated by law, which funds and maintains an educational Institution affiliated with a University and where the society is registered under the Societies Registration (Extension to Arunachal Pradesh) Act, 1978 (No.6 of 1978)] or Arunachal Pradesh Cooperative Societies Act, 1978 ( No.3 of 1979) or under any other law for the time being in force or the person(s) appointed by the State Government to manage the affairs of the Society;

(11) "Governing Body" means the governing body constituted under the relevant provision of this Act ;

(12) "State" means the State of Arunachal Pradesh ;

(13) "State Government" means the State Government of Arunachal Pradesh ;

(14) "Directorate of Higher & Technical Education" means Directorate of the Higher & Technical Education working under the State Government :

(15) "Supervision and Inspection" means regular or surprise visit to the College/Institution for the purpose of appraisal of physical infrastructure like class rooms, playground, library, laboratories and other related matters as well as functionaries (academic and administrative) required to maintain quality standard of higher education and examination and scrutiny of records (academic and administrative), accounts and other book maintained by the college/institution mandated by regulator/law or otherwise ;

(16) "Management" means the governing body of a College/ Institution as defined by this Act under which it is registered for the purpose and the expression management of the Institution shall be construed accordingly ;

(17) "Government College" means a College, which is under the direct administrative control of the State Government ;

(18) "Non-Government College" means other than a Government college, in other words, a College/ Institution which is not under the direct administrative control of the Government and is managed by a Society, Trust, Association of persons, and similar organisation.

(19) "President of the Foundation Society" means a person duly elected as President ( by whatever name called) by foundation society and exclusively head thereof and in case of the society registered under the provisions of Societies Act, a person appointed by the State Government to look after the management of the affairs of the society ;

(20) "Teacher" means any person appointed to impart educational instruction/training in the College/Institution;

(21) "Non-teacher" means any person appointed to perform ministerial or menial works in the College/Institution.

(22) "University" means a University established or incorporated by a Central or State Act or any other institution established in consultation with the University concerned and duly recognised by the University Grants Commission under the provisions of UGC Act, 1956 and working in the jurisdiction of the State of Arunachal Pradesh.

(23) "National Regulator" means any regulatory body created by Central Legislation for regulating the activities and to maintain the quality norms in any field of higher education in the country, such as University Grants Commission(UGC), All India Council for Technical Education(AICTE), Bar Council of lndia(BCI), Medical Council of India (MCI), Pharmacy Council of India (PCI), Indian Nursing Council(INC), Dental Council of India (DCI), Central Council of Homeopathy (CCH), National Council of Teacher's Education (NCTE), Indian Council for Agricultural Research (ICAR) etc.;

(24) "Regulation of Higher and technical Education" means, the regulations on General and Technical Education and other diversified technical /professional education and all other related activities of higher education within the territory of the State, by rules as may be prescribed under this Act.;

(25) "Prescribed'' means prescribed by the rules and regulations made under this Act.