The ARUNACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS (REGULATORY COMMISSION) ACT, 201 7

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THEARUNACHALPRADESH
PRIVATE EDUCATIONAL INSTITIMOilS
(REGULATORY COi,rrlSSlOt{) ACr, 201 7
(ACTNo.4OF2Oll)
(Received the ossent of the Governor on l2th April, 2017 qnd
published in the Arunochol Prodesh E.O. Gozette
No. 117 Vol. XXIV doted 26th April, 2017)
An
Act
to provide for estoblishment o{ o Regulotory Commission ond
Regulotory mechonism in tte fute for tlre purpose of ensuring oppropriqte
stondord of odmission, teoching, exominotion, reseorch ond protection
of interest of students in tre Privote Educotionol lnstih.ttions ond for motters
connected therewith or incidentol ttrereto;
BE it enocted bythe Legislotive Assembly of Arunochol Prodesh in
the Sixty-eight Yeor of the Republic of lndio os follows :-
I . Short title extent ond commencement : (l ) This Act moy
be colled the Arunochol Prodesh Privote Educotionol lnstitutions
(Regulotory Commission) Act, 2017.
(2) lt sholl opply to oll the Privote Educotionol lnstitutions
estoblished in the Stote ofArunochol Prodesh.
(3) lt sholl come into force on the dote of its publicotion in the
Officiol Gozefte.
2. Definitions : ln tlris Aa, unless the context otherwise requires,-
(o) '€ommission" meons the Regulotory Commission
estoblished under section 3 oI this Act ;
(b) 'Member" meons o member of the Commission ond
includes the Choirperson ;
(c) ?rivote Educotionol lnstitutions '?neons oll the privote
educotionol institutions in the Stote nomely,- degree
colleges, professionol colleges of Educotion, lnstitr:tes
of Technicol Educotion, Monogement, Low Engineering,
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Medicine, Phormocy, Poromedicol lnstitutions ond
Universilies, Deemed Universities, Centres oI Excellence,
or ony other educotionol lnstitutions oI higher leorning,
except schools offilioted, or ony other recognized Boord
of Educotion ;
(d) Segulotions"meons regulotions mode bytre Commission
under section l9 of this Act ;
(e) Segulotory body" meons ony Stote or Centrol Stotutory
Body set up for the purpose ;
(f) 'Student" meons o person enrolled in o Privote
Educotionol lnstitution for pursuing o course of study
for the oword of o degree, diplomo, certiticote or other
ocodemic distinction ;
(g) 'lJnivers[ Gronts Commission"rneons tre University Gront
Commission estoblished under the University Gronts
Commission Act, 1956 ;
(h) ?rescribed"meons prescribed by rules mode under this
Act ;
(i) tSbte Government"meons the Government ofArunochol
Prodesh; ond
0 fiigher Educotion" meons study of o curriculum or course
for the pursuit of knowledge beyond l0+2 level.
(k) Stondord guidelines" meons guidelines of odmission,
teoching, exominotion, reseorch ond protection of interest
of studens os loid down by UGC or Stote Regulotory body
constituted under this Act or ony other lows for the time
being in force in the Stote for importing quolity educotion.
3. Estoblishment of Commission : (1 ) The Stote Government
moy, by notificotion published in the Officiol Gozette, estoblish the
Arunochol Prodesh Privote Educotionol lnstitutions Regulotory
Commission for the purpose of providing o regulotory mechonism in the
Stote ond for working os on interfoce between the Stote Government ond
the Centrol Regulotory Bodies for the purpose of ensuring oppropriote
stondords of odmission, teoching, exominotion, reseorch, extension
progrommes ond protection ofthe interest ofthe students ol the Privote
Educotionol lnstitutions.
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(2) The Commission sholl be o body corporote hoving perpetuol
succession ond o common seol ond sholl sue ond be sued by
the soid nome.
(3) The heodquorters of the Commission sholl be ot such ploce os
moy be notified by the Stote Government.
4. Composition of Commission : (l)The Commission sholl
consist ofo Choirperson ond two other members from omongst persons
of eminence in public life or in the field of higher educotion or who hove
remoined Secretory or obove to the Govemment ofArunochol Prodesh or
held equivolent post in the Government of lndio for o period of not less
thon three yeors.
Provided thot the Choirperson ond the members sholl not be from
the some field of speciolizotion.
(2) The Choirperson ond members of the Commission sholl be
oppointed by the Stote Government, on the recommendotions
of o Seorch Committee, for o period of three yeors or until he or
she ottoins the oge of 65 yeors, whichever is eorlier, ond such
Choirperson or members moy be eligible for o second term
subiect to the upper oge limit of 65 yeors.
Provided thot, ofter the expiry ofthe term of office, the Choirperson
or the member, os the cose moy be, sholl not be eligible for further
employment or ony ossignment in ony of the Privote Educotionol
lnstitutions within Arunochol Prodesh or their ossociote offices or
componies within or outside Arunochol Prodesh lor o period of three
yeors.
(3) For the purpose sub-section (2), the seorch Committee sholl
consist of the following, nomely:-
(i) Chief Secretory to the Government of Arunochol
Prodesh. - Choirperson- Ex-officio
(ii) Secretory/Commissioner(HigherondTechnicolEducotion)
to the Government of Arunochol Prodesh - Ex-Officio
Member
(iii) Diredor Higher & Technicol Educotion, Government oI
Arunochol Prodesh - Member Secretory
(iv) One eminent scholor in the Field of Educotion to be og
pointed by the Chief Secretory - Member
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(4) The member of the Seorch Committee, other thon ex-officio
members, sholl be poid such troveling ollowonce for to-ond fro iourney
ond such remunerotion for eoch seoting os moy be prescribed.
5. Removol of Member : (1) No member sholl be removed from
office except in occordonce with the provisions oI this section.
(2) The Stote Government moy by order remove from office ony
membet if he-
(o) hos been odiudged on insolvent by o competent court; or
(b) hos been convicted of on offence which, in the opinion of
the Stote Government, involves morolturpitude; or
(c) hos become physicolly or mentolly incopoble of octing os
o member ; or
(d) hos ocquired such finonciol or other interest os is likely to
of{ea preludiciolly his fundion os o member ; or
(e) hos so obused his position os to render his continuonce in
office prejudiciol to the public interest; or
(0 hos been guilV of proven misbehovior ; or
(g) hos foiled to dischorge his duties :
Provided thot no member sholl be removed from his office on ony
ground specified in clouses (d), (e), (D or (g) unless on enquiry hos been
conducted by the Stote Government for this purpose ond the member
hos been given on opportunity to defend himself.
6. Officers ond other employees of the Commission : (l ) There
sholl be o Secretory of the Commission who sholl be oppointed by the
Stote Government on such terms ond conditions, os moy be prescribed.
(2) The Commission moy oppoint such officers ond employees os
it considers necessory for lhe efficient performonce of the
functions of the Commission, ofter opprovol of the Stote
Govemment
(3) The terms ond conditions of service of te officers ond employees
of the Commission sholl be such os moy be prescribed.
7. lvleetings : The Commission sholl meet, os olten os moy be
necessory, ot such time ond ploce ond observe such procedure, os moy
be prescribed in the regulotions.
8. Fund. - The Commission sholl estoblish o fund to which sholl
be credited -
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(o) By the Privote Educotionol lnstitutions such percentoge of
totol fees every yeor os moy be ossessed by the
Commission from time to lime but not exceeding one
percent or lhe totol fees ;
(b) Any other gronts received from ony olher source ; ond.
(c) All sums received by woy of penohies.
9. Powers ond functions of the Commission : ('l) lt sholl be fie
duty ol lhe Commission to ensure fiotstondords of odmission, teoching,
exominotion, reseorch, extension pro{lromme, quolified teochers ond
infrostucture, ore being mointoined by tre ftivote Educolionol lnstihltions
in occordonce with the guidelines issued by the Regulotory Bodies of
the Centrol Government or the Stote Government or by the Centrol
Government or the Shte Government from time to time. ln cose of foilure
of the Educotionol lnstitution to meet the stondords loid down, the
commission shollhove the power lo penolize the Educotionol lnstitutions
under seaion I I of the Act ond in cose of successive foilure of on lnstitution
to meet the stondords, the Commission moy recommend to the stote
GovemmenVRegulotory Body for $e winding up of tre lnstitution ond the
University.
(2) The Commission sholl ensure thot the odmissions in the Pri-
vote Educotionol lnstitutions ore bosed on merit ochieved in Notionol
Common Entronce Test orthe 9ote Common Entronce test or ony other
test os moy be notified by the Stote Government ond where there is no
Notionol Level Common Entronce Test or fute Level Common Entronce
Test or ony other test, the merit sholl be determined stric y on the bosis
of the morks obtoined in the quolifying Exominotion including quolifying
test.
(3) The Commission sholl develop on oppropriqte mechonism for
receipt ond redressol ol grievonces of students ond porents, ond direct
tre privote lnstitutions to set-up o proper Grievonces Redressol mechonism
for redressol o{ comploints reported to the Commission. Such comploints
sholl be oddressed within the time fixed by the Commission with detoils
of the steps token by the institution to redress such comploint.
(4) The Commission moy conduct inspections of Privote
Educotionol lnstitutions os ond when required ond moy form expert
committees, for inspections of Privote Educotionol lnstitutions.
(5) The Commission sholl hove the power to monitorond regulotes
fees in Privote Educotionol lnstitutions.
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10. Procedure ond Powers of the Commission : (l) The
Commission sholl, for the purpose of ony inquiry or proceedings under
this Ad, hove the some powers os ore vested in o Civil Court under the
Code of CMlftocedure, 1908 (5 of l9O8) in respea of trc follofling rnotters,
nomely :-
(o) Summoning ond enforcing the oftendonce of ony person
ond exomining him on ooth ;
(b) Discovery ond production of ony document or otrer moteriol
object producible os evidence ;
(c) receMng evidence on offidovits;
(d) requisitioning ol ony public record ;
(e) issuing summons for the exominotion of witnesses;
(fl reviewing its Sessions, directions ond orders;
(g) ony other motter which moy be prescribed.
(2) The Commission sholl hove the powers to poss such interim
order in the proceeding, heoring or motter os the Commission moy
consider oppropriote.
(3) The Commission moy outhorize ony person, os it deems fiL to
represent the interest of the students ond porents in the proceedings
before it.
(4) All disputes under this Act sholl be decided summorily in
occordonce with the provisions of Order XXXVII of the Code of Civil
Procedure, 1908.
ll. Penolties : ( l) The Commission moy, for the controvention of
onyof tre provision of *ris Act or tre rules or regulotions mode hereunder,
or diredions issued by the Commission, impose penolty, in such monner
os moy be prescribed, but not exceeding one crore rupees:
Provided thot the moximum penolty for o second or subsequent
controvention sholl be five crore rupees;
Provided further thot no penolty sholl be imposed unless the institu-
tion concerned is given on opportunity of being heord.
(2) The penolty imposed under sub - sedion ( 1 ) sholl be recover-
oblefrom the endowmentfund or ony lund or os orreor of lond
revenue from the Educotionol lnstitutions concerned.
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'!2. Accounts ond Audit of theCommission: (l)TheCommis-
sion sholl mointoin its Accounts in such form ond in such monner os
moy be prescribed.
(2) The occounts of the Commission sholl be oudited onnuolly by
the Comptroller ond Auditor Generol of lndio ond the Commis-
sion sholl send o copy of the oudit report to the Stote Govern-
ment.
I 3. Annuol report : (1) The Commission sholl, os soon os, moy
be, ofter the end of eoch finonciol yeor, prepore ond submit to the Stote
Government, before such dote ond in such lorm os moy be prescribed, o
report giving on occount of its octivities during the previous yeor ond the
Stote Government, sholl couse every such report to be loid before the
Legislotive Assembly os soon os moy be, ofter its receipt.
(2) The Commission sholl send o copy of the oudited onnuol oc-
count of the Commission to the Stote Government every yeor, ond the
Stote Government sholl couse such occounts to be loid belore the Leg-
islotive Assembly.
14. lndemnity : No suit, prosecution or other legol proceedings
sholllie ogoinstthe Choirperson, ony membet officer or employee of the
Commission in respect of onyhing which is, in good foith, done or intended
to be done in pursuonce of the Act or the rules mode thereunder.
15. ilembers ond employees to be public servonts : The
members ond other employees o{ the Commission sholl be deemed to
be public servonts within the meoning of section 2l of the lndion Penol
Code 1850.
I 6. Power to issue diredions : The Stote Govemment moy issue
such diredions to the Commission os in its opinion, ore necessory or
expedientfor corrying out the purposes of thisAct ond the Commission
sholl give effect to oll such directions.
I 7. Act to hove oveniding effed : The provisions of tris Act or rule
or order mode thereunder, sholl hove effect, notwithsbnding onyhing
inconsistent therewith contoined in ony other Acts in respect of the
esbblishment of Privote Universities in the Stote for fre time being in force.
18. Power to moke the rules : ( I ) The Stote Government moy,
by notificotion publish in the Officiol Gozette, moke rules for corrying out
the provisions of thisAct.
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(2) Without preiudice to the generolity of the foregoing powers,
such rules moy provide for oll or ony of the following motters, nomely:-
(o) The terms ond conditions of service of the Choirperson,
the members ond the Secretory of the commission.
(b) Mode of outfrenticotion of lhe orders ond decisions of the
Commission ond instruments issued by it.
(c) The form ond monner in which the occounts sholl be
mointoined by the Commission under section l2 ;
(d) The minimum ond moximum limit oI the penolty under
section I I ond the monner in which such penolty is to be
imposed ; ond
(e) Such other motters os moy be required for proper
functioning of the Commission.
19. Power to moke regulotions : The Commission moy, with
the prior opprovolof the Sffie Govemment, moke regulotions to corry out
the provisions of this Act.
20. Rules ond regulotions to be loid in LegisldtiveAssembly :
Every rule ond regulotion mode under sections 18 ond l9 olthisAct sholl
respectively be loid, os soon os moy be ofter these ore mode, before the
LegislotiveAssembly.
21. Powers to remove difficulties : lf ony difficulty orises in
giving effect to the provisions of thisAd, the Stote Government moy, by
order published in the Officiol Gozette, moke such provisions, not
inconsistent with the provisions of this Act os oppeor to itto be necessory
for the purpose of removing *re difficulty;
Provided thot no such order sholl be mode ofter the expiry of two
yeors from the Commencement of this Ad.

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