The Assam Non-Government Educational Institutions (Regulation and Management) (Amendment) Act, 2018

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Registered No.-768/97 
THE ASSAM GAZETTE 
~~'{ 
EXTRAORDINARY 
ett~ <Pi~~~~ 
PUBLISHED BY THE AUTHORITY 
s:f~ 323 f#xt~, ~~. 20~, 2018, 30 ~. 1940 ~) 
No. 323 Dispur, Wednesday, 20th June, 2018, 30st Jaistha, 1940 (S.E.) 
GOVERNMENT OF ASSAM 
ORDERSBYTHEGOVERNOR 
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH : : DISPUR 
NOTIFICATION 
The 15th June, 2018 
No. LGL. 191/2005/35.- The following Act of the Assam Legislative Assembly 
which received the assent of the Governor on 01/06/2018 is hereby published for general 
information. 
ASSAM ACT NO. XX OF 2018 
THE ASSAM NON-GOVERNMENT EDUCATIONAL INSTITUTIONS 
(REGULATION AND MANAGEMENT) (AMENDMENT) ACT, 2018. , 
2434 
Preamble 
Short title, 
extent and 
commencement 
Substitution 
of section 2 
THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 20, 2018 
AN 
ACT 
to amend the Assam Non-Government Educational Institutions 
(Regulation and Management) Act, 2006. 
Whereas it is expedient to amend the Assam Non-Government 
Educational Institutions (Regulation and Management) Act, 2006, hereinafter 
referred to as the principal Act, in the manner hereinafter appearing; 
lt is hereby enacted in the Sixty-ninth Year of the Republic oflndia as 
follows:-
2. 
1. (1) This Act may be called the Assan Non-Government Educational 
Institutions (Regulation and Management) (Amendment) Act, 
2018. 
(2) It shall have the like extent as the principal Act. 
(3) It shall come into force at once. 
In the principal Act, in section 2. for the existing provisions, the 
following shall be substituted, namely :-
"Definitions 2. (i) "Bigha" means standard measurement of land meaning Assam 
Bighameasurement 1338 square meter or 13.38 Are of land; 
(ii) "Director" means the Dire:::tor of Secondary Education, 
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 Ed lcation; 
(iii) "employees" means the teaching and non-teaching staff of 
non-government educational institutions; 
(iv) "existing non-government educational institutions" means the 
non-government educational institutions as defined under clause 
(xiv) which are in existence on the date of commencement of this 
Act: 
Provided that the non-government educational institutions 
established by the people of th·~ locality prior to 01.01.2006 
which have received permission and recognition from the 
competent authority on or before 01.01.2006 shall be excluded 
from the purview of this clause; 
(v)"Executive Engineer PWD, Building Division" means the 
Executive Engineer of PWD, Building Department under whose 
jurisdiction a particular school is situated; 
Assam 
Act No. 
IV of 
'.2007 
THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 20, 2018 
(vi) "fee" means all fees including tmtion fee, development 
charges of any nature, capitation fee etc; 
(vii) "Guwahati Metropolitan D::velopment Authority (GMDA)" 
means the Guwahati , Metropolitan Development Authority as 
established under the Guwahati Metropolitan Development 
Authority Act, 1985; 
(viii) "Guwahati Municipal Corporation" means the Guwahati 
Municipal Corporation established under the Gauhati Municipal 
Corporation Act, 1971; 
(ix) ''Higher Secondary level of education" means education 
imparted from class XI to XII; 
(x)"institution" means non-government educational institutions as 
defined in clause (xiv) of this section; 
(xi)"Managing Committee" means committee constituted under 
section 12 to perform the duties and functions entrusted to it 
under the provisions of this Act, which term shall also include the 
Governing Bodies of the Senior Secondary Schools; 
(xii) "Middle level of education·· means education imparted from 
class VI to VIll; 
(xiiirMunicipal Town area" and ''Town Committee area" means 
areas declared as Municipal Town and Town Committee area 
under the provisions of the Ass;:m Municipal Act, 1956; 
(xiv)"National Commission for Minority Educational 
Institutions" means the National Commission for Minority 
Educational Institutions as constituted by the Central 
Government; 
(xv) "non-government educational institutions" means schools 
established and run by an individual or association of individuals 
or any Non-Government Organizc.tion or Society or Trust. except 
the schools established and maintc:ined by minorities under clause 
( l) 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 th1~ State Government The word 
"institution" wherever it occurs in the Act shall be construed 
accordingly; 
(xvi) "permission" means permiss.on accorded by the Director as 
required under section 4 of the Act; 
(xvii) "prescribed" means prescribed by rules made under this 
Act; 
2435 
Assam 
Act No. 
XX of 
1987 
Assam 
Act No. I 
of 1973 
Assam 
Act No. 
XY of 
1957 
2436 
Amendment 
of section 4 
Amendment 
of section 6 
Amendment 
of section 10 
THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 20, 2018 
3. 
4. 
5. 
(xviii) "Primary level of education" means education imparted 
from class I to V; 
(xix)"'Secondary level of education" means education imparted 
from class VIII to X; 
(xx) "State Government" means the Government of Assam. 
In the principal Act, in section 4, in sub-section (1 ), for the word 
"may" occurring after the wod, figure and punctuation mark 
"section 10,", the word "shall" shall be substituted. 
In the principal Act, in section 6, .. 
(i) in sub-section ( 1 ), in bet\.\cen the word "Act" and the 
punctuation mark "." appearing at the end, the punctuation mark 
":" shall be substituted~ 
(ii) in sub-section ( l ), after punct 1ation mark ":"as so substituted, 
the following proviso shall be inserted, narnely:-
"Providcd that in case of failure of any institution to register 
the institution under sub-section ( 1) of section 6 within the 
stipulated period, the institution shall be allowed registration on 
payment of the fees with 50% increase of prescribed rate, provided 
the institution is registered within a period of one year from the 
date of coming into force of this A.mendment Act. In the event of 
failure of any institution to register within one year as stipulated 
above, the Director shall issue no:ice to close down the institution 
in a phased manner that there shall not be any admission in lowest 
class of the School from the next academic year and such 
institution shall be completely cli)sed down after passing out the 
highest class of the institution." 
In the principal Act, in section I 0,-
(i) for the existing clause (i), the following shall be substituted, 
namely:-
"(i) The institution shall own and possess a minimum area of land 
with clear title of the institution over it as specified as under:-
(a) For Lower Primary (LP) ar d Middle English (ME) level 
Schools, the school shall have at least 2 (two) Bighas of land in 
one plot in case of rural areas and 1 (one) Bigha of land in one 
plot in case of Municipal and Town Committee areas including 
Guwahati Metropolitan Development Authority area and 
Guwahati Municipal Corporation Area. 
(b) For High School, Higher )econdary School and Senior 
Secondary School including composite School, the School shall 
have at least 5(five) Bighas of land in one plot in rural areas and 3 
(three) Bighas of land in one plot in Municipal Town and Town 
I' 
THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 20, 2018 2437 
Committee areas, 2 (two) Bighas •)f land in one plot in Guwahati 
Municipal Corporation and Guwahati Metropolitan Development 
Authority areas : 
Provided that non-government educational institutions 
already granted prior permission and administrative recognition 
with land requirement before coming into force of this 
Amendment Act shall be allowed to run;"; 
(ii) in clause (ii), in the first line, for the word "toilets", the words 
"separate toilets for Boys and Girls" shall be substituted; 
(iii) in clause (xi), in between the word "premises" and the 
punctuation mark ";" appearing at the end, the words "and the 
institution shall make proper parking arrangement for the use of 
the institution" shall be inserted; 
(iv) in clause (xvi), after clause (c), the following new sub-clauses 
(d) and (e) shall be inserted , :1amely :-
"( d) Executive Engineer of the Public Health Engineering 
Department or any officer authorized by him to ensure 
providing of potable drinking water facilities to the students 
of the institution; 
(e) The District Transport Olficer of the concerned district or 
any officer authorized b:1 him to examine the conditions 
and roadworthiness of th~ vehicles used by the institution 
for transportation of the students and for any other 
purposes ."; 
(v) in clause (xx), for the existing provisi ons, following shall be 
substituted, namely:-
"(a) All the non-government educational institutions registered 
under this Act shall provide adequat e safety measures including 
fire safety measures in the . institution premises and shall hold 
mock drills for preparedness for meeting any disaster at regular 
intervals . The school must have a Disaster Management plan for it 
duly published and the school authority should hold periodic 
review of the Plan so prepared rnd published. A certificate from 
the Disaster Management Authority shall have to be furnished as 
regards availability of adequate safety measures including fire 
safety measures in the School ; 
(b) In case of institutions sitt.ated in Municipal Towns , the 
institution must obtain and in possession of a ce11ificate from the 
Municipal Board/Town Committee concerned to the effect that the 
building and class rooms have been constructed conforming to the 
building by-laws of such Municir ·al Board and Town Committee ; 
(c) In rural areas, a certificate from Executive Engineer, PWD 
(Building Division) under whose jurisdiction the school falls shall 
have to be obtained and in possession to the effect that the 
buildings and class rooms have adequate safety measures and 
construction is safe to house a sd.ool: 
2438 
Amendment 
of section 15 
Amendment 
of section 18 
Insertion of 
new section 
28A 
THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 20, 2018 
6. 
7. 
8. 
Provided that the Executivt: Engineer shall include Assistant 
Executive Engineer in respect of the locality where no Executive 
Engineer is available"; 
In the principal Act, in sectior 15, after sub-section (3 ), the 
following new sub-sections shall be inserted, namely:-
"(4) No teaching or non- teaching staff of a Non-government 
Educational Institution shall be paid emoluments less than the 
norms fixed by the appropriate au1hority. 
(5) Teachers in a Non-government Educational Institutions 
employed for teaching, shall he qualified as per norms set by 
National Council for Teacher Education and the norms fixed under 
the respective Service Rules framed by the State Government. 
(6) The Non-government Educational Institutions shall ensure 
imparting of training to teaching staff employed by it for the 
purpose of teaching." 
In the principal Act, in section 18,-
"'(i) in sub-section ( 4 ), for the word "Director'', the words "Deputy 
Commissioner of the concerned district" shall be substituted. 
(ii) in sub-section(5), for the word "Director", the words 
"appropriate authority of the Gc1vernment" shall be substituted. 
In the principal Act, after section 28, the following new section 
28A shall be inserted, namely:-
"Appeal 28A. Any non-goverrunent educational institution or any individual, 
Non-Government Organisation, Society or Trust, as the case may 
be, establishing any non-go'Vemment educational institution, 
aggrieved by the order of Director passed under any of the 
provisions of this Act, may prefer an appeal before the State 
Government against the order o:f Director within 30 days from the 
date of receipt of such order. Dc::cision of the State Government in 
such appeal, shall be final and binding on all concerned." 
S. M. BUZAR BARUAH, 
Commissioner & Secretary to the Government of Assam, 
Legislative Department, Dispur, Guwahati-6 . 
Guwahati :- Printed and Published by the Dy. Director (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21. 
Ex. Gazette No. 645 - 200 + 10 - 20 - 06 - 2018. (visit ahdpns.assam.gov.in) 

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