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

Arunachal Pradesh · state statute
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The Arunachal Pradesh Gazette 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
No. 40, Vol. XVII, Naharlagun, Tuesday, May 11, 2010 Vaisakha 21, 1932 (Saka) 
GOVERNMENTOFARUNACHALPRADESH 
LAW AND JUDICIAL DEPARTMENT 
ARUNACHAL PRADESH CIVIL SECRETARIAT 
ITANAGAR 
NOTIFICATION 
The 7th May, 2 01 O 
No.LAW /LEGN-9/2010.- The following Act of the Arunachal Pradesh Legislative 
Assembly which received the assent of the Governor of Arunachal Pradesh is hereby pub­ 
lished for general information. 
(Received the assent of the Governor on 20-04-2010) 
The Arunachal Pradesh Colleges and other Institutions of Higher Education 
(Establishment and Regulations) Act, 201 O 
(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. (1) This Act may be called the Arunachal Pradesh Colleges and Short title, 
Institutions of Higher Education (Establishment and Regulations) Act, 2010. extent and 
(2) It shall extend to the whole of the State of Arunachal Pradesh and commencement. 
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. In this Act, unless the context otherwise requires,- Definitions. 
(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. 

2 The Arunachal Pradesh Extraordinary Gazette, May 11, 2010 
(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 non­ 
Government ; 
(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 Co­ 
operative 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 ; 

3 
The Arunachal Pradesh Extraordinary Gazette, May 11, 201 O 3 
(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. 
Chapter -II 
Establishment of Non Government Colleges and Other 
Institutions of Higher Learning 
3. No educational institution of higher learning shall be established except Non Govern- 
in accordance with the provisions of this Act and any person who ment Colleges 
contravenes the provision under this Act or whose permission has been and other 
withdrawn/cancelled continues to run such institution shall liable to be Institutions of 
punished with a simple imprisonment for a term of not less than fifteen Higher Learning 
days or with a fine of maximum of Rupees Three thousand or with both. not to be 
established 
except after 
permission. 
4. The institutions already functional in imparting higher education which Special 
were established and recognised in accordance with the existing rules provision in 
and regulations issued in this regard by the Government from time to time respect of 
before coming into force of this Act, shall automatically deem to be existing 
higher educational institutions within the provisions of this Act. However, institutions. 
all such institutions have to comply with the provisions of this Act and the 
rules and procedures established thereunder within the time stipulated: 
Provided that any non-Government institution imparting education, 
which is existing at the commencement of this Act, but which has not 
been granted recognition as per the rules and regulation for the time 
being in force, may apply afresh under the provisions of this Act, and 
rules, regulations and procedures established thereunder and such 
application shall be disposed off within a period of ninety days of their 
receipt by the Competent Authority. 

4 The Arunachal Pradesh Extraordinary Gazette, May 11, 2010 
Permission for 
the establish­ 
ment of Institu­ 
tions of Higher 
Learning. 
Application for 
grant of 
permission. 
5. The Competent Authority shall, from time to time, conduct survey to 
assess the needs and requirements of higher education of the society/ 
locality under its territorial jurisdiction, and bring to the notice of public in the 
prescribed manner through public media (local newspaper, television and 
radio) inviting application on prescribed format for seeking permission to: 
(a) establish new institution of higher learning; or 
(b) opening higher classes in the existing institution; or 
(c) starting new and innovative courses in the existing institution 
(Certificate, Diploma, Degree, Post Graduate Degree etc); 
6. Any society registered under the provisions of the Societies Registration 
Act 1860, or under the Arunachal Pradesh Societies Registration [Extension 
to Arunachal Pradesh Act, 1978 (6 of 1978)] or Arunachal Pradesh Co­ 
operative Societies Registration Act, 1978 (3 of 1979) and willing to 
establish an institution of higher learning, may submit an application on 
the prescribed format for the purpose that can be obtained from the office 
of the Director Higher and Technical Education, Government of Arunachal 
Pradesh, Itanagar on tendering an amount to be notified separately, latest 
by 31'' October of the year preceding the academic year in which the 
proposed institution is going to be functional along with following 
documents.- 
(a) the proof of the registration of the society including the 
copy of the constitution, in case of the incorporate-body 
the copy of incorporation along with memorandum of 
association and articles of association; 
(b) the details of the management and management body 
along with the name of the office bearers with address 
and their acceptance to act in such capacity; 
(c) the copy of the rules, regulations, procedures, for the 
internal administration and financial position of the intended 
institution; 
(d) powers, functions, responsibility and accountability of the 
key position holders in the society in clear terms; 
(e) the details of the funds available with the society with 
respective proofs; 
(f) the details of the land, if any, and the ownership proof 
thereof or the registered lease deed; 
(g) the permission of the Competent Authority for acquiring 
the land for proposed institution; 
(h) the copy of the approved plan of construction from civic 
authority; 
(i) the details of building space with area classification for 
classrooms, laboratories (in case of practical subjects), 
library, student activities, canteen, teachers' common­ 
rooms, toilets, Computer laboratory, parking space for 
staff and students, internal garden space, facilities for 
wastage and garbage handling, potable water supply, 
electricity facilities with ownership proof or a registered 
rental/lease agreement thereof, for a minimum period of 
5 years with documentary evidence; 
(j) the details of movable properties with proper classification 
such as office furniture, class-room furniture, laboratory 
equipments for each subject, computers for student 
learning, office equipments, teaching aids, canteen 
furniture, teachers common-room furniture, reprographic 
equipment in library, internet and e-learning facilities, etc.; 
(k) the details of the area for outdoor playground, indoor play 
facility, mentioning the proximity with the main building of 
the institution; 
(I) the copy of the intended budgets for at least three years 
with clear and detailed classification, head-wise (capital 
and revenue) of receipts and payments; 

5 
The Arunachal Pradesh Extraordinary Gazette, May 11, 201 O 5 
(m) the proposed intake of the students diploma, degree, PG 
degree, faculty- wise etc, and expansion programme; 
(n) the details of the teaching and non teaching positions in 
the existing institution or for a newly proposed to be set 
up, recruited. 
(o) the details of the Higher Education Institutions available 
within an area of 20 kilometres, where the proposed 
institution is to be established ; 
(p) the feasibility report with full justification in order to cater 
to the needs for providing the higher education facility to 
the local community; adequacy of financial resources for 
the successful and efficient running and maintenance of 
the institution as prescribed by the Competent Authority; 
and finally healthy environment of the proposed location, 
suitable for an institution of higher learning; 
(q) an undertaking from the Educational Agency or Governing 
Body of the institution that all the requirements of all the 
Regulators (Central and State) as applicable on the 
institutions of higher learning have been complied with 
and copy of approval if already received is to be enclosed; 
7. (1) The Corpus/Endowment Fund as may be prescribed shall be 
deposited by Educational Agency of a Non Governmental ( or Private) 
Institution only [not applicable to the Government College], according to 
the procedure prescribed, before the Secretary (Education) grants the 
approval for the establishment of the institution of Higher Learning. 
(2) The Corpus Fund (Endowment) of the Non Government (or Private) 
Institution shall be deposited in a separate joint account of the 
management of the institution and the Secretary (Education), in a 
nationalised bank. In no circumstances the Corpus Fund shall be allowed 
to be withdrawn; however, the Government reserves the right to permit 
the Educational Agency to withdraw the interest component earned on 
the deposits every after five years for running and maintenance of the 
institution at its discretion. In extra ordinary circumstances the Educational 
Agency may withdraw the interest component after a lapse of three 
years with the special permission of the Secretary (Education), with 
certain laid down conditions for the purpose. But in no case this period 
can be reduced to less than three years. 
8. The extent of land and accommodation to be provided by the institution Extent of Land 
of higher learning shall be as prescribed by the State Government. Further, and 
the Educational Agency shall provide suitable buildings for establishing accommodation 
the proposed institution as per the specification laid down by the State to be provided. 
Government. 
Corpus/ 
Endowment 
Fund. 
9. It shall be mandatory for Educational Agency to have its own permanent Requ irem en ts 
structure on its own land. However, if it is possible then the Educational as to location of 
Agency, may request the Secretary (Education) who may permit after the institution. 
recording the reasons in writing: 
(a) if the institution is proposed to be located within the premises of 
an institution belonging to an Urban or Rural Local Body, the 
Educational Agency shall get the prior permission of the local 
body as the case may be, to locate the proposed institution and 
to utilize the infrastructural facilities like accommodation, furniture, 
library, laboratory, playground etc. belonging to the already existing 
institution until separate infrastructural facilities are created for 
the proposed institution. The Educational Agency shall enclose 
the permission letter along with the application for the 
establishment of institution of higher learning. The Educational 
Agency shall take all necessary steps to create and provide 
required infrastructural facilities exclusively for the institution as 
early as possible. 
Further, it shall be mandatory on the part of Educational Agency to 
create and provide separate infrastructure in all respects within a period 
of five years from the date, permission is granted to establish the institution 
of higher learning. In case, the Educational Agency fails to conform to this 
mandatory provision, the permission so granted shall stand forfeited 
automatically. 

6 The Arunachal Pradesh Extraordinary Gazette, May 11, 201 O 
Also further, it will be the sole discretion of the Educational Agency 
to decide the type of institution of higher learning to be set-up at the venue. 
(b) If the non-Government institution is proposed to be located in a 
private building or accommodation, prior permission from the 
Secretary (Education) has to be obtained. In such a case, 
Educational Agency has to submit a certified copy of the lease­ 
deed of not less than five years with an undertaking that the 
building/accommodation is sufficient to cater to the needs of the 
proposed institution of higher learning. In addition to this, a 
documentary evidence is to be furnished that the Educational 
Agency has sufficient land in its ownership and funds to construct 
a separate building, that is to come-up within a period of five 
years along with the details of building plan, as approved by the 
concerned authority, if any, for the area. 
(c) If the private institution of higher learning is proposed to be 
located within the premises of already existing institution, the 
Educational Agency shall provide all movable infrastructures like 
furniture, laboratory, library etc. and other improvements to make 
it suitable for the purpose of higher learning. 
(d) If the institution is proposed to be set-up in an accommodation/ 
building donated by the Donor, in such cases the legal 
documentary evidence shall be produced to support the gift deed. 
(e) In case the institution of higher learning is not covered by the 
aforesaid clauses, in such cases the decision of the Secretary 
shall be final and binding. 
(f) Priority shall be given to the Educational Agency which wants 
to start institution of higher learning in the following areas: 
(1) Districts, Sub-divisions, and circles where there are no 
facilities of higher learning. 
(2) Remote areas where accessibility is a major hindrance. 
(3) Where the physical distance is more than 50 km from the 
existing institution of higher learning. However, in deserving 
cases it may be reduced to 20 km at the discretion of the 
Secretary (Education). 
(4) In urban area where institution of higher learning does not 
exist at present owing to non-fulfilment of prescribed 
numbers of student attributed by low population growth 
with low density. 
(5) Where literacy rate is poor with particular reference to the 
higher education rate among the women. 
(6) Where the private Educational Agency wish to start institution 
of higher learning in Public-Private Partnership Mode (PPP 
Mode) 
(7) When the Educational Agency plans to start the institution 
of higher learning with residential facility. 
Inspection before 10. The Competent Authority on his satisfaction that the procedural 
the grant of requirements of application, as laid down in this Act, have been complied 
permission. with, shall nominate a committee of experts in the manner prescribed, to 
inspect the proposed institution within a period of ninety days of the 
receipt of the application, to ascertain the extent, conditions are full-filled, 
on a date convenient to both the parties. The committee after the visit of 
the institution shall furnish a written report within a month's time mentioning 
findings and remarks so as to grant permission or not as the case may 
be. Further, the report has to elaborate on the aspects of courses of 
studies, subjects, intake capacity and the conditions of admission, and 
other relevant points, which have to be stipulated at the time of granting 
Grant of 
permission. 
permission. 
11. (1) On receipt of inspection report with satisfactory recommendations 
therein from the Expert Committee for the grant of permission, the 
Competent Authority may grant permission. However, if the Competent 
Authority differs with the recommendation of the Expert Committee due 
to valid reason(s) may refuse the grant of permission, after giving a 
reasonable opportunity to be heard to the Educational Agency and recording 
the reasons thereof; in writing. 

7 
The Arunachal Pradesh Extraordinary Gazette, May 11, 201 O 7 
(2) In case the Competent Authority decides to grant permission, 
it shall initially accord a letter of intent, subject to fulfilment of such 
condition(s), as may be prescribed in the stipulated time. However it shall 
not go beyond the 31" May of the concerned year of the start of the 
academic session. The concerned Educational Agency shall intimate the 
Competent Authority that the short comings listed in the intent letter has 
been fully met and shall make a written request to the Competent Authority 
for ordering a final inspection, to grant final permission to start the institution 
of higher learning from the forth coming academic session. Thereafter, on 
securing the permission from the Competent Authority, the Educational 
Agency shall approach the University having jurisdiction over the territory 
for affiliation of the institution and courses of studies. 
(3) However, after the initial process of inspection for grant of permission, 
the Competent Authority shall ensure regular supervision and monitoring 
of the institution by appointing person/persons to submit every year's 
progress report of the institution. In case the progress is not found 
satisfactory for consecutive three years, the permission shall stand 
withdrawn forthwith, after serving a due notice to the Educational Agency. 
(4) the permission once granted shall remain valid for a period of one 
year and shall terminate automatically and for applying afresh, the entire 
process has to be followed. 
12. No permission shall be granted to up-grade a higher secondary No permission 
school into an institution of higher learning. However, with the prior approval for up-gradation. 
of the Secretary (Education), within the same premises an institution of 
higher learning may be started, if the Educational Agency ensures all 
infrastructural facilities exclusively to start an institution of higher learning, 
as required under this Act. 
13. No application for introducing the new faculties, courses, subjects, Application for 
and classes will be entertained for an initial period of three years from the starting new 
start of the institution. However, the Competent Authority at his discretion, faculties, 
after considering the infrastructural facilities and funds position for courses, 
introducing the additional-ties and the yearly progress reports of the earlier subjects and 
permitted courses etc. of the institution, after recording the reasons and classes. 
justifications in writing, may accord permission, after three years to the 
Educational Agency to do so. 
14. The Educational Agencies granted permission to start institution of higher Permitted 
learning shall not commence their academic programme without obtaining institutions to 
affiliation of the Concerned University or the national regulatory body. seek affiliation 
from 
concerned 
University. 
15. Notwithstanding anything contained to the contrary in any law for No affiliation 
the time being in force, the university shall not affiliate any institution without permis­ 
without the permission or approval of the Directorate of Higher and Technical sion. 
Education. On grant of affiliation, the university shall send a copy of the 
letter of affiliation to the Directorate of Higher and Technical Education for 
necessary action. 
16. (1) No institution to whom the permission to establish an institution Restriction on 
of higher learning has been granted to cater the needs of a local area transfer or 
shall be allowed to shift or transfer the location of the institution. However, shifting of 
the institution so shifted to a feasible area for betterment of education and institution. 
building space or other facility should be within the said local area with 
prior permission of the Competent Authority. 
(2) Any violation of sub-section (1) above shall amount to withdrawal of 
permission automatically and shall need no notice from the Government. 
(3) In no circumstances an Educational Agency to whom permission 
has been granted to start an institution of higher learning, shall transfer 
or alienate such permission or institution to another Educational Agency 
or Institution. 
17. (1) Where the management of any educational institution contravenes Withdrawal of 
any of the provisions of this Act and the rules framed thereunder; the permission. 
Competent Authority, for reasons to be recorded in writing, withdraw the 

8 The Arunachal Pradesh Extraordinary Gazette, May 11, 2010 
Control over 
examination 
system. 
Restriction on 
change of 
nature. 
Regulation of 
admission. 
Fee structure. 
Restriction on 
the use of 
income. 
Establishment 
of separate 
Cells in Direc­ 
torate of Higher 
& Technical 
Education. 
Recruitment to 
academic 
posts. 
Procedure and 
norms for 
establishment 
of Government 
College. 
recognition of the institution or initiate such other action as deemed fit, 
after giving a due opportunity of being heard, to the management of the 
institution before such withdrawal or action as the case may be. 
(2) Where in the opinion of the Government that the permission granted 
to an institution of higher learning in public interest, need to be withdrawn, 
it may, after serving one month's notice to the management of such 
institution to make representation in writing, withdraw the permission by 
notification. 
(3) The Competent Authority shall withdraw permission accorded to a 
non-Government institution either permanently or for any specific period 
as deemed fit in the circumstances, including a permanently or temporarily 
recognised/affiliated institution, which has failed to meet the provisions of 
this Act, in the opinion of the Competent Authority. 
18. The examination system, be it internal or external assessment or 
partially internal and partially external or both, shall be governed by the 
rules, regulations and procedures formulated in the best interest of the 
quality of higher education, its reliability, and effectiveness for the students. 
19. Under no circumstances a women's institution shall be permitted to 
be converted into a co-educational or boys' institution or a rural institution 
to an urban institution or vice versa, without the permission of the 
Government. 
20. (1) The prospectus and application form for admission of students 
and any advertisement, by whatever name called, shall contain the full 
disclosure of the permission so granted by the Government. 
(2) The admission shall be regulated strictly in accordance with the 
admission rules, regulations and procedures prescribed from time to time 
by the affiliating University for various courses. 
(3) In no circumstances the intake of students shall be allowed to exceed 
the approved strength. The Chairman of the Management Body including 
the Administrator/Principal of the institution shall be personally liable for 
the violation under this Act. 
21. The State Government shall constitute a Standing Committee as per 
the norms of the National Regulators for the purpose of regulating the 
fees structure of the Non-Governmental institutions. 
22. Any income from the fund raised for a specific purpose, shall be 
used for that specific purpose only, and no part of it should be diverted 
for other purpose or should not be used for other commercial purposes. 
However, any surplus earned, may be used to meet the deficit of 
salary payments in non-Governmental institution, with the specific approval 
of the State Government. For this purpose, institution shall make an 
application to the State Government. On the receipt of application and 
after due inspection and scrutiny of accounts and records permission 
may be granted by the State Government. 
23. Two permanent cells shall be established at the office of the 
Directorate of Higher and Technical Education, each headed by an officer:- 
1. one for handling the affairs of private institutions of general 
h~hereducation; and 
2. another for handling the affairs of technical education; 
24. Recruitment to academic posts shall be made as per the norms, 
conditions and procedures stipulated by the national regulators constituted 
under the Central Legislations, to name a few, UGC in the matters of 
general institutions and for other technical institutions such as AICTE, 
NCTE, BCI, MCI, AYUSH etc .. Where no such regulator exists, the 
norms notified by the State Government from time to time shall be followed. 
Chapter-Ill 
Some Special Provisions for Government Institutions of 
Higher Learning 
25. It shall be mandatory for the Government to follow the following 
procedures for establishment of a new Government institution of higher 
learning: 

9 
The Arunachal Pradesh Extraordinary Gazette, May 11, 201.0 9 
(1) The Government shall constitute a permanent standing committee of 
seven members of which the Secretary (Education) shall be the 
chairperson, Director Higher and Technical Education as Member­ 
Secretary, one member of the finance department not below the rank 
of Deputy Secretary, one Principal of Government institution of higher 
learning, one Principal of non-Government college, one Eminent 
Educationist to be nominated by the Government and one public 
representative of the area where the institution is proposed to be 
established, for considering the feasibility of establishing a new 
college. While considering the proposal the committee shall take 
into account the following : 
(a) the total number of students that may be available for admission 
in the area on the basis of the 10+2 institutions and an estimated 
enrolment for coming five years of establishment ; 
(b) availability of road communication, health care facility, educational 
institution in the area for the wards of the academic and non­ 
academic staff at the proposed area where institution is to be 
established and availability of residential buildings on rental basis, 
in the adjoining area ; 
(c) the courses that are going to be offered ; 
(d) total financial implication on infrastructure and for running and 
maintenance of the proposed institution ; 
(e) proposal before the Government for considering the establishment 
of non-Government college in the area ; 
(f) the distance of the nearest institution of higher learning of similar 
nature ; 
(2) On receiving favourable recommendation as stated in sub-section 
(1) above, another committee of five members of which the 
Director Higher and Technical Education shall be the Chairperson, 
Joint/Deputy Director- Higher and Technical Education as 
member-secretary, one Principal of Government institution of 
higher learning, Deputy Commissioner of the district where the 
institution is proposed to be established and one Eminent 
Educationist to be nominated by the Government for considering 
and recommending the suitable site for establishing a new 
college. While selecting the site, the committee shall take into 
account the following :- 
(a) if the institution is proposed to be established within the premises 
of an institution belonging to a Government department, the prior 
permission of the department, the existing infrastructural facilities 
like accommodation until new infrastructural facilities are created 
for the proposed institution, availability of land for playground and 
the scope for future expansion of the institution etc ; 
However, Government shall create and provide full-fledged infrastructure 
as far as possible in all respects within a period of five years from the 
date of establishment of the institution of higher learning; 
(b) in case of new site, the distance from the town, availability of 
road communication, health care facility, educational institution 
for the wards of the academic and non-academic staff of the 
proposed institution and the residential buildings on the rental 
basis, in the adjoining area; source of water, local transport 
system, electricity facilities etc ; 
(c) If the institution is proposed to be set-up in an accommodation/ 
building or land donated by the Donor, in such cases the legal 
documentary evidence to support the gift deed shall be produced. 
26. Priority shall be given by the Government to the following areas in Priority. 
the matters of starting institutions of higher learning : 
(a) where literacy rate is poor with particular reference to the higher 
education rate among the women ; 
(b) establishment of institutions of science and technology, vocation 
and profession, higher learning to cater the need of growing 
economy of both the State and the nation ; 

10 The Arunachal Pradesh Extraordinary Gazette, May 11, 2010 
Qualifications, 
recruitment of 
Teachers and 
other 
employees and 
their service 
conditions. 
Transfer and 
Posting of 
teachers and 
other 
employees. 
Allotment of 
Quarters from 
college pool. 
Maintenance of 
Accounts in 
respect of 
institutional 
fees and other 
collections. 
Ethics for 
Teachers and 
Students. 
(c) in Districts, Sub-divisions, and Circles where there are no facilities 
of higher learning ; 
(d) in remote areas where accessibility is a major hindrance ; 
(e) where the physical distance is more than 50 km from the existing 
institution of higher learning. However, in deserving cases it may 
be reduced to 20 km at the discretion of the Government ; 
(f) in urban area where institution of higher learning does not exist 
at present owing to non fulfilment of the prescribed numbers of 
student due to low population growth and low density ; 
(g) where the private Educational Agencies are not willing to start 
institutions of higher learning independently or in Public-Private 
Partnership Mode (PPP Mode) ; 
27. The qualifications, recruitment process and other service conditions 
of academic posts shall be strictly as per the norms recommended by 
the national regulators of higher education in the country from time to 
time, such as UGC, AICTE, BCI, MCI, PCI, INC, DCI, CCH, CCIM, NCTE, 
ICAR etc., as applicable. The recruitment of faculties shall be through the 
Arunachal Pradesh Public Service Commission. For non-academic posts, 
qualifications, recruitment process and other service conditions shall be 
strictly as per the norms as notified by the State Government from time 
to time. 
28. The transfer and posting of the academic and other employees 
working in the Government institutions of higher learning shall be such, 
as may be prescribed. 
29. The allotment of college pool of quarters wherever available shall be 
regulated as per existing norms or any other such rules as may be 
prescribed. 
30. All Government institutions of higher learning shall maintain the fee 
collection in the institution as per existing norms or any other such rules 
as may be prescribed. 
Chapter-IV 
Miscellaneous Provisions 
31. Separate code of ethics one each for teachers and students of the 
institution of higher learning shall be brought through regulations. 
Regulations. 
Powers to 32. (1) Subject to the provisions of this Act, the Government may, by 
make rules and notification, make rules to carry out all or any of the provisions of this Act. 
(2) In particular and without prejudice to the generality of foregoing 
sub-section such rules may provide for:- 
(i) the manner in which any enquiry under this Act shall be 
held ; 
(ii) the registers, statements, reports, returns, budgets, and 
other information to be maintained or furnished by the 
approved institutions of higher learning for the purpose of 
this Act ; 
(iii) the establishment of administration and maintenance of 
the institution of higher learning ; 
(iv) the recognition to the institutions of higher learning and 
the condition thereof ; 
(v) the inspection of the institution of higher learning and the 
officer by whom it shall be made ; 

11 
The Arunachal Pradesh Extraordinary Gazette, May 11, 201 O 11 
(vi) standard of education and courses of studies in the 
institutions of higher learning ; 
(vii) preparation and submission of development plans/projects/ 
schemes for institutions of higher learning and their 
contents; 
(viii) the power and functions of the officers and other subordinate 
staff working in the Directorate of Higher and Technical 
Education ; 
(ix) the regulation of the use of library, maps, plans, 
instruments, other laboratory and sports equipments in 
the institutions of higher learning ; 
(x) the regulation for admission into the institutions of higher 
learning for academic courses, private study, and other 
special courses and attendance thereof ; 
(xi) the qualification required and other conditions to be fulfilled 
for appearing at the examination conducted by the 
authorities under this Act and the method of evaluation 
and revaluation of answer scripts ; 
(xii) the manner of conducting class test and examination 
within the institutions of higher learning ; 
(xiii) regulation on seeking information by any person relating 
to administrative procedures or any other information and 
fees to be charged for such information ; 
(xiv) the conditions and regulation of the co-education in the 
institution of higher learning and regulation thereof; 
(xv) regulation on the issue of certificates and documents and 
the fee to be charged for such issues ; 
(xvi) the regulation on all other matters, that are necessary 
and expedient to implement the provisions of this Act, or 
where the provisions are deficient or not available at all 
in this Act, in the opinion of the Government ; 
(xvii) Rules for regulating transfer and posting and allotment 
of pool quarters etc. 
33. Every rule and regulation made by the Government of Arunachal Laying of rules 
Pradesh under this Act, shall be laid as soon as may be, after it is and regulation 
made, before the Legislative Assembly of Arunachal Pradesh, while it is before 
in session, for a total period of ten days, which may be comprised in one Legislative 
session or in two or more successive sessions and if, before the expiry Assembly. 
of the session in which it is so laid or the session immediately following 
the session or the successive sessions aforesaid, the Legislative 
Assembly makes any modification in the rule or resolves that the rule 
should not be made, the rule shall thereafter have effect only in such 
modified form or be of no effect as the case may be, so, however such 
modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule. 
34. (1) The Government or the Competent Authority, may by order Inspection of 
authorise any officer as inspection officer for inspection of an institution Institution of 
of higher learning, however, the officer so appointed may not be below the Higher 
rank of inspecting officer under the Government, for the inspection of an Learning. 
institution of higher learning. 
(2) The officer as authorised under the sub-section (1) shall enjoy 
the powers of inspection on all the working aspects of the institution of 
higher learning. 
(3) The management and the employees of the institution of higher 
learning shall be bound to extend all reasonable and necessary facilities 
and helps to such inspector as are required for the conduct of inspection. 
(4) The management shall be bound to follow all the directions and 
suggestions given by the inspector. However, the aggrieved management 

12 The Arunachal Pradesh Extraordinary Gazette, May 11, 201 O 
Protection of 
action taken in 
good faith. 
Power to 
exempt an 
institution from 
the provisions 
of this Act. 
Powers to 
remove 
difficulties. 
Savings. 
by such directions and suggestions may prefer an appeal within a period 
of thirty days from the receipt of such instructions to the Authority, whose 
decision shall be final and binding on such appeal. 
35. No suit, prosecution or other legal proceedings shall lie against the 
State Government or any officer of the Government for anything which is 
in good faith done or intended to be done under this Act or the rules made 
thereunder. 
36. In case if there is any contradictory provisions in this Act, the State 
Government may, by ordinary or special order, subject to such terms and 
conditions as are reasonable and necessary or without such conditions, 
exempt an institution or class of institutions, partially or fully from the 
preview of this Act. However, the reasons must be recorded while granting 
such exemption in the order itself. 
37. If any difficulty arises in giving effect to the provisions of this Act, 
the State Government may, by order published in the Official Gazette, 
make such provisions not inconsistent with the provisions of this Act, as 
appear to it to be necessary or expedient for removal of the difficulty. 
38. Notwithstanding anything contained in this Act, rules, regulations, 
instructions, guidelines, office memoranda, circulars, orders, appointment 
or any other order made or issued or anything done or action taken in 
regard to establishment, management etc. before coming into force of 
this Act, shall continue to be in force as if they were made under the 
corresponding provisions of this Act, until and unless superseded under 
the provisions of this Act. 
C.P. Mansai, 
Secretary to the 
Government of Arunachal Pradesh, 
Itanagar. 
Publishcd and printed by Directorate td. Pri11ti11g-- 2 J hi20JO-DuP-250+Cu111111r.( Fducation)-100 ··fh:puty Sc..:y. ( L:1w)- I Otl-'-S..:..:y. ( LA 1-50-201 0 

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