Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006

No: 4 Dated: Jan, 20 2007

THE ASSAM NON-GOVERNMENT EDUCATIONAL INSTITUTIONS (REGULATION AND MANAGEMENT) ACT, 2006

ASSAM ACT NO. IV OF 2007

    An Act to regulate the establishment and management of non-government educational institutions in the State of Assam.

    Preamble. - Whereas it is expedient to regulate the establishment and management of non-government educational institutions in the State of Assam and for matters connected therewith or incidental thereto.

    It is hereby enacted in the Fifty-seventh Year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006.

(2) It extends to the whole of Assam.

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

2. Definitions. 

(a) “Director” means the Director of Secondary Educationa, Assam in respect of Secondary and Higher Secondary level of education and Director of Elementary Education, Assam in respect of Primary and Middle level of Education;

(b) "employee” means the teaching and non teaching staff of non-govemment educational institutions;

(c) "existing non-government educational institutions” means existing non-government educational institutions which are in existence on the date of commencement of this Act;

(d) “High Secondary level of education” means education imparted from class XI to XII;

(e) ” Maneging Committee” means committee constituted under section 12 to perform the duties and functions entrust ad to it under the provisions of this Act which term shall also include the governing bodies of the junior colleges;

(f) “Middle level of education” means education imparted from c,ass V to VII;

(g) “non-government educational institutions" means schools or junior colleges established and run by an individual or association of individuals or any Non-Government Organisation or society or trust, except the schools established and maintained by minorities under clause (1) of Article 30 of the Constitution of India and imparting education at Primary, Middle, Secondary and Higher Secondary Level without receiving any grants-in-aid from the State Government excluding the educational institutions run or aided by the Central Government or the State Government; The word “institution” wherever it occurs in the Act shall be construed accordingly;

(h) “permission” means permission accorded by the Director as required under section 4;

(i) “prescribed” means prescribed by rules made under this Act;

(j) “Primary level of education” means education imparted from class I to IV;

(k) “Secondary level of education” means education imparted from class VIII to X;

(l) “State Government" means the Government of Assam.

3. Power of the State Government to regulate non-government educational institutions. - (1) The State Government may regulate all the non-government educational institutions in the State of Assam in accordance with the provisions of this Act and the rules made thereunder.

(2) On and from the commencement of this Act, the establishment of non-government educational institutions or the opening of a higher class or the closing down of an existing class in any existing non-government educational institution in the State, shall be subject to the provisions of this Act and the rules made thereunder and any non government educational institution or any higher class established or opened otherwise than in accordance with the provisions of this Act shall not be recognized under section 5 by the Director and shall be closed down under section 24.

4. Prior permission for establishment of non-government educational institutions and registration. - (1) Any individual, association of individuals, Non-Government Organization, society or trust intending to establish and run a non government educational institution and on given an undertaking to fulfil the requirements as laid down under section 10, [shall] submit an application before the Director in such form containing such particulars and information as may be prescribed, for obtaining, prior permission for establishment and running of such institution. The undertaking shall be the part and pacel of the application form and shall be prescribed.

(2) On receipt of the application, the Director, after considering the particulars and information contained in the application under sub-section(l) and after making such enquiry as he may deem necessary, may, either grant or refuse to grant prior permission to the applicant for opening a non-government educational institution.

Provided that the Director may refuse to grant permission if he is of the opinion that the particulars and information furnished in the application do not fulfill the requirement as laid down in the Act and rules made thereunder for reasons to be recorded in writing,

(3) On refusal to grant permission under sub-section (2), the Director shall communicate the same to the applicant stating the reasons therefor.

(4) In the event of refusal to grant permission under sub - section (2) the aggrieved individual, association of individuals, Non-Government Organization, society or trust, may prefer an appeal before the State Government whose decision thereon shall be final.

(5) The permission granted under sub-section (2) shall remain valid for a period of two years within which the applicant shall establish the institution and register the same before the Director.

(6) If for any reasons which the Director considers to be genuine after an application being made in this behalf by the applicant who has failed to establish the institution within the stipulated period of two years, the Director may grant extension of the time for a further period which shall not exceed one year in all, within which the applicant shall establish and register the institution.

5. Administrative recognition. - (1) After establishment and registration of the non-government educational institution under sub-section(5) of section 4,the Authority shall make an application on payment of such fee and in the form and manner as may be prescribed before the Director for obtaining administrative recognition in respect of the institution.

(2) On receipt of the application for administrative recognition, the Director shall make or cause to be made such enquiry as may be considered necessary to ascertain as to whether the requirements as laid down under the Act and the rules made thereunder have been fulfilled or not and whether the School Authority has acted in accordance with the stipulations made in the undertaking referred to in section 4 or not and submit a report to the Administrative Recognition Committee constituted under section 7.

(3) The Administrative Recognition Committee, after considering the report and after examining such other information as may be considered necessary, may make recommendation in respect of the non-government educational institution for its administrative recognition by the Director.

(4) If the Administrative Recognition Committee is of the view that the School Authority of an institution has failed to fulfil the requirements as laid down in the Act or the rules framed thereunder or any stipulations in the undertaking as referred to in section 4, no recognition shall be made to the institution for reasons to be recorded in writing.

(5) The Director shall issue order granting administrative recognition or refusing to grant such recognition to an applicant in accordance with the recommendation of the Administrative Recognition Committee.

(6) Any applicant, to whom the administrative recognition is refused may prefer an appeal before the State Government whose decision thereon shall be final.

(7) Any Transfer Certificates issued by the institutions which have not received administrative recognition under this section shall not be countersigned by the concerned authority of the Education Department of the State Government.