Chhattisgarh Non-Government Colleges and Institutions in Higher Education (Establishment and Regulation) Act, 2006
No: 25 Dated: Aug, 31 2006
Chhattisgarh Non-Government Colleges and Institutions in Higher Education (Establishment and Regulation) Act, 2006
(Act No. 25 of 2006)
An Act to provide for regulation of the establishment and working of the Non-Governmental Colleges and Institutions of Higher Education.
Be it enacted by the Legislature of the State of Chhattisgarh in the fifty seventh year of the Republic of India as follows : -
CHAPTER-I
Preliminary
1. Short Title and Commencement. - (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.
2. Application of the Act. - 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.
3. Definitions. - In this Act, unless the context otherwise requires ; -
(1) "Ad-hoc grant" means the grant sanctioned by the State Government with regard to certain specified purposes under the provisions made therefor;
(2) "Aided College" means any college or institute aided financially regularly 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 or 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 functions 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 and running 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 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 for their salaries and allowances etc.;
(18) "Management" means in relation to any institution, the governing body thereof 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 there of and when the society is superseded under Section 33 for the Society Registrikaran Adhiniyam, 1973 the person or the head of (he body-of the persons appointed by the State Government to manage the affairs of the Society;
(22) "Teacher" means any member of the teaching stall" 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, a Provincial Act or State Act, and includes any such institution as may, in consultation with the University concerned, be recognized 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.