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

Assam · state statute
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Registered No. 768/97 
THE ASSAM GAZETTE 
~er 
EXTRA ORDINARY 
m~ ~~~ ~ ~qilfir1'9 
PUBLISHED BY AUTHORITY 
rr~ 19 ffl9J:'if, "'IH<lHI, 20 \Si1'J:41~, 2007, 30 9J~ 1928 (~) 
No. 19 Dispur, Saturday, 20th January, 2007, 30th Pausha, 1928 (S.E.) 
GOVERNMENT OF ASSAM 
ORDERS BY THE GOVERNOR 
LEGISLATIVE DEPARTMENT:: LEGISLAT IVE BRANCH 
NOTIFICATION 
The 19th January, 2007 
No. LGL. 1911200517.-- The following Act of the Assam Legislative Assembly which 
received the assent of the Governor is hereby published for general information. 
88 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 
THE ASSAM ACT NO. IV OF 2007 
(Received the Assent of the Governor on 12th January , 2007) 
THE ASSAM NON-GOVERNMENT EDUCATIONAL INSTITUTIONS 
(REGULATION AND MANAGEMENT) ACT, 2006 
Preamble 
Short title, 
extent and 
commencement 
AN 
ACT 
to regulate the establishment and management of non-government 
educational institutions in the State of Assam. 
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. (1} This Act may be called the As'sam Non-Government 
Educational lnstitutions(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 Gazatte, 
appoint. 
2. In this Act, unless the context otherwise requires,--
( 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-government 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) "Highe: Secondary level of education" means education 
impartE.'d from class XI to XI I; 
(e) " Mansging Committee" means committee constituted 
under section 12 to perform the duties and functions 
entrusl ~d to it under the provisions of this Act; which 
term shall also include the governing bodies of the junior 
colleges; 
(f) "Middlo 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 individuai or 
~ssociation of individuals or any Non-Government 
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 . 89. 
Power of the 
State Government 
to regulate 
non-government 
educational 
institutions 
Prior permission for 
establishment 
of non-government 
educational 
institutions and 
registration. 
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" wheP:Ner 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; 
0) "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 Govemmenr means the Government of Assam. 
3. (1 ) The State Government may regulate all the non-government 
educational institutions in the State of As~am 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 nongovernment 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. (1 ) Any individual, association of individuals, Non-Government 
Organization, society or trust intending to establish and run a 
nongovemment educational institution and on given an 
undertaking to fulfil the requirements as laid down under 
section 10, may submit an application before the Director in 
such fonn 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(1) and after making such enquiry as he 
may deem necessary, may, either grant or refuse to grant 
prior pennission 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. 
90 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 
(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 
I I an appeal before the State Governmentwhose 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. 
Administrative 5.(1) After establishment and registration of the non-government 
recognition 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 
administrativerecognition 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 r:ecognition 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 sh<;ill 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. 
r 
., 
' 
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 91. 
Registration and 6 ( 1 ) The existing non-government educational institutions shall 
submit application for registration of their institutions before 
the Director furnishing the full particulars and information and 
on payment of such fees as may be prescribed relating-to the 
institutiori' sought to be registered and shall also furnish the 
copies of Government permission or recognition, if any, 
previously obtained before academic recognition from the 
respective J3oard or Council as the case may be, within six 
months from the date of commencement of this Act. 
administrative 
recognition of 
the existing 
non-government 
educational 
institution. 
Constitution of the 
(2) On examinat ion and consideration of the application and the 
informat ion furn ished by the existing institutions under sub­
section (1 ), the Director shall provisionally register the existing 
institution pend jng _such enquiry or inspection as may be 
prescribed, for final registration of the institution. 
(3) Immediately after provisional registration of an existing 
institution, the Director shall make or cause to be made an 
enquiry or inspection of the respective institution and the 
existing instituti ons which have been found established and 
run with the permiss ion or recognition from the State 
Government or Director possessing the requirements as laid 
(4) 
(5) 
(6) 
7. 
_ down Linder section 1 O and the rules made thereunaer, shall 
be granted final registration. 
The existing institutions which have been established and run 
with or without the permission or recognition of the State 
Government or Director without having the minimum 
requirements as laid down under section 10 or the rules made 
thereunder, shall have to fulfil the requirements within a period 
of two years from the date of commencement of this Act after 
which those institution shall be finally registered. 
The existing institutions which have been established or run 
without the permission or recogn ition of the State Government 
or Director and fulfilling the requirements as laid down under 
section 1 O and the rules made thereunder shall 9pply for 
, obtaining administrative recogn1tion from the Director within a 
period of six months from the date of commencement of this 
Act. After giving administrative recognition those institutions 
shall be finally registered by the Director. 
The provisional registration and recognition etc. of the institutions 
which have failed to fulfil the requirements as laid down in the Act 
and the rules within the time frame stipulated in this section, shall 
be liable to be cancelled ~nd the institutions shall be liable to be 
closed down under the provisions of this Act. 
The Administrative Recognition Committee referred to under 
section 6 shall consist of the following :-
Administrative (1) 
Recognition !n re~pect of recognition of institutions 
imparting Secondary and Higher Secondary 
level of education: Committee. 
(a) Director, Secondary Education, Assam 
(b) Joint Director. Secondary Education, Assam 
(c) One State Government representative, 
not below the rank of Deputy Secretary, 
Seconda,.Y Education Deoartment 
: Chairman . 
: Member­
Secretary. 
: MembAr 
92 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 
Procedure for 
opening of higher 
classes 
Academic 
permission and 
recognit!on by the 
Board and the 
Council to be 
governed by their 
own regulations 
Requirements for 
establishment and 
administrative 
recognition · of non­
government 
educational 
institutions 
(d) One representative each from the Board of 
Secondary Education, Assam (SEBA) and 
Assam Higher Secondary Education Council 
(AHSEC) : Member 
(2) In respect of recognition of institutions imparting Primary and 
Middle level ofeducation: 
(a) Director, Elementary Education, Assam : Chairman 
(b) Joint Director, Elementary Education, Assam : Member-
(c) One State Government representative not 
below the rank of Deputy Secretary, 
Secretary 
Elementary Education Department. : Member 
(d) One representative from the Board of 
Secondary Education, Assam(SEBA) : Member 
(e) One representative from the State Council of 
Educational Research and Training (SCERT), 
not below the rank of Joint Director : Member 
8 If any non-government educational institution to which 
permission and administrative recognition -has been granted 
to establish or run the institution to a certain level of class or 
education, intends to open new classes of higher level of 
education , shall do so by following the same procedure as are 
required for permission and administrative recognition under 
section 4 and 5, subject however to the fulfilment of the 
requirements under section 10. 
9. Grant of prior permission and administrative recognition to 
establish and run an institution under sections 4 and 5 
respectively, shall not cast any obligation on the State 
Government or the Director as the case may be, in respect of 
granting academic permission and recognition by the Board of 
Secondary Education, Assam (SEBA) or the Assam Higher 
Secondary Education Council (AHSEC) or any other Board, 
Council or Body under the State or Central Government or under 
any statute, which shall be governed by the respective rules 
and regulations of the concerned Board, Council, Body, as the 
case may be. 
10. No non-government educational institution shall be established 
or run and no prior permission or administrative recognition to 
such institutions shall be granted unless the institution fulfils 
the following requirements, namely:-
(i). The institution shall possess,--
(a) not less than two bighas of land in one plot in case of rural 
areas, one bigha of land in one plot in case of urban areas , 
2.5 katha of land in one plot in case of Hill urban areas and 
one bigha in one plot in case of Hill rural areas, in respect 
of establishment and running of Primary or Middle level 
institutions; 
(b) not less than 2 bighas of land for single-storey building in urban 
areas, not less than 1 bigha in one plot for multi-storeyed 
building in urban areas, not less than 4 bighas in one plot in 
rural areas, in respect of establishment and running the High 
School , Higher Secondary Schoo l and junior college; 
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 93. 
Explanation: For!h~ purpose of clause (i), the land includes a 
lease hold land for a period of twenty years or more. 
(ii) Adequate number of class rooms, toilets and other facilities 
like library premises, reading room. laboratories etc . as may 
be prescribed, shall be provided by the institution on the land 
possessed by it under clause (i) above ; 
(iii) Institution shall follow approved courses and curriculum as 
provided in this Act; 
(iv) The institution shall not run for profit to any individual, 
association of individuals, Non-Government Organisation, 
societies and trusts; 
(v) Admission to the institution shall be open to all without 
any discriminations based on religion, caste , creed, race, or 
any of them; 
(vi) The Managing Committee shall observe the provisions of 
the Act and the rules made thereunder; 
(vii) The building or other structure in which the institution is 
carried on, its surroundings, furniture and equipment shall be 
adequate arid suitable for an educational in_stitution and, 
where there is any business premises in any part of the building 
in which such institution is run, the portion in which the 
institution is run adequately separated from such business 
premises; 
(viii) The arrangements in the building or other structure and in the 
furnishings thereof shall meet adequately the requirements of 
health and hygiene; 
(ix) The institution buildings or other structures or the grounds shall 
not be used during the day or night for commercial or residential 
purposes (except for the purpose of residence of any employee 
or students of the institution) or for communal, political or non­
educational activity of any kind whatsoever; 
(x) The accommodation shall be sufficient for the classes 
conducted in the institution; 
(xi) There shall not be ttioroughfare or public passage through any 
part of the institution premises; 
(xii) Sanitary arrangements at institution shall be adequate and are 
kept in good order and a certificate from the Health Officer of 
the local authority having jurisdiction over the area in which 
the institution is located as to the health and sanitary conditions 
of the institution and its surroundings has been furnished, and 
will also be furnished as and when required by the Director; 
(xiii) Arrangements shall be made for the supply of good drinking 
water to the students and suitable facilities shall be provided 
to enable them to take refreshments, lunch or the like; 
(xiv) The institutions shall be so conducted as to promote discipline 
arid orderly behaviour and to maintain a high mo1 al tone and 
ensure sufficient enrolment and maintain student teacher ratio 
as may be prescribed; 
(xv) No teacher or student of the institution shall be compelled to 
attend a class in which reliaious instruction is aiven or take 
94 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 
Facilities to be 
provided by the 
non-government 
educational 
Institution 
Constitution of 
the Managing 
Committee 
part in einy religious activity. No teacher or student absenting 
•· • • • 1 ·. ' himself 1 froo:i . r~ligio1;ts Jr;\s_tru,!itiqJ1.p.r religious activity shall be 
made to suffer anytdJ&aP.ility @,i;'I .,that account and no student 
. . . ·. • : _ sh~!! . ~. wfus~d , ac1m!~~i~on,W .t~e !~ stitution becayse of claiming 
, _ . , . , . 1~X~fl)P..t! ?~ i fro~ <J t,t,E(, ~O~nf"'. ·*! ~el!fJ ! ~,-µ~ exercises ~! religious 
(xvi) 
(a) 
(b) 
(c) 
(xvii) 
(xviii) 
(xix) ' . 
(xx) 
(xxi) 
11.. 
instruction by him or his parf1nt or guardian; · 
The institution shall be open to inspection by any of the following 
officers, namely :-
any officer authorised by the Director; 
Director of Medical Services ·or Health Officer of the local 
authority conce rned; 
The Medical and Health Officer authorised by the 
appropriate authority or the Director to examine the health 
of students or the sanitary conditions of the institution and 
surroundings; 
the institution shall furnish such reports and information 
as may be required by the Director from time to time and 
comply with such instructions of the Director_ as may be 
issued to secure the continued fulfilment of the condition 
of recognition or the removal of deficiencies in the working 
of the institution; 
All records of the institution shall be open to inspection by any 
officer authorised by the State Government or the Director, as 
the case may be, at any time and the institution shall furnish 
such information as may be necessary to enable the State 
Government or the Director, as the case may be, to discharge 
their duties and functions in accordance with the provisions of 
this Act andt he rD l~s mad e1°thereunder or any other law for the 
time being in fore~;· • '' ~" 
. Every .. non-gbve mme'nt ~educational institution shall make all 
endeav dur to ~ro?rl6te regicfnal languages and cultural heritage 
of the State; 
The institution shall provide adequate fire safety measures in 
the institution premises as may be required and as instructed 
by the concerning authority from time to time; and 
Such other requirements as may be prescribed not inconsistent 
with the provisions of this Act. 
The non-government educational institutions shall provide such 
facilities for sports and physical education, library service, and 
other co-curricular activities, laboratory works, workshop 
practice etc. as may be prescribed. 
12. ( 1) Every non-government educational institution shall constitute 
a Managing Committee consisting of the following, namely:-
(a) The Chairman or the President or the Principal 
managing agent of the society or trust or 
theassociation of individuals or the person or 
individual establishing the non-government 
educational institution, shall be the Chairman 
of the Managing Committee; : Chairman 
(b) Head Master, the Principal of the institution, 
asthe case may be : Member. 
Powers and 
functions of 
the Managing 
Committee 
Scheme of 
Management 
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 95. 
( c) rwo representatives to be elected or selected 
by the Guardians from amongst themselves 
in a meeting to be convened by the School 
Authority in this behalf : Members 
(d) Two Teachers/Lecturers of the institution 
elected or selected from amongst themselves : Members 
(e) Any person who shall be educationist of the 
locality : Members 
(f) Two members to be nominated or elected by 
the society or trust or association of individuals 
society or trust or association of individuals or 
the individual establishing and running the 
institution out of which one shall be chosen as 
the Member Secretary. : Member/ 
Member 
Secretary 
(2) The term of the Managing Committee shall be for a period of 
two years. 
(3) If, for any reasons whatsoever, any vacancy of members occur 
during the term of the existing Managing Committee, it shall 
be filled up in the like manner as is applicable at the time of 
constitution of the Managing Committee. 
( 4) If any member expressly desires in writing not to continue as a 
member in the Managing Committee or abstains himself in three 
consecutive meetings of the Managing Committee, such 
member ceases to be a member of the Managing Committee 
from the date of receipt of the communication by the School 
Authority or such abstention, as the case may be. 
(5) The members shall be entitled to such TA. and DA for attending 
meetings of the Managing Committee from the School Authority 
as may be prescribed. 
13.(1) The Managing Committee shall have control over the 
appointment of the employees.disciplinary action against the 
employees and overall administrative control of the affairs of 
the institution. 
(2) The Managir,g Committee shall not conduct the affairs of the 
institution in such a way which may adversely affect the interest 
of the institution. 
14.(1) The Managing Committee shall frame a Scheme of 
Management for the institution containing the salary structures 
and other conditions of service of the employees and the fee 
structures in all levels of education amongst other things, as 
may be prescribed and which shall not be inconsistent with the 
provisions of this Act and the rules made thereunder and shall 
submit the same to the Director for consideration,acceptance 
and record. 
(2) No levy of any kind of fee shall be made or imposed by the 
institution in excess of the fees as fixed in the Scheme of 
Management, except with the prior approval of the Director. 
(3) The Director may approve or disapprove the proposed increase 
in fee if he is of the opinion that such an increase is necessary 
96 THE ASSAM GAZEITE, EXTRAORDINARY, JANUARY 20, 2007 
Appointment 
and disciplinary 
matters 
Code of 
Conduct for the 
employee 
,Curriculum 
and Syllabus 
A~mission and 
Fees .. 
due to increase in the facilities provided in the institution and 
may disapprove, for reasons to be recorded in writing. 
(4) The Scheme of Management shall provide educational 
qualification for the teaching staff of the institutions which shall 
conform to the qualifications as fixed in respect of the 
Government or provincialised Primary, Middle, Secondary or 
Higher Secondary level of education, as the case may be. 
(5) In no case, the Managing Committee or School Authority or any 
person involved in the management of the institution shall violate 
the provisions of the Scheme of Management. 
15. (1) The School authority shall issue appointment letter in the event 
of any appointment made to any person in regard to its affairs 
and such appointment letter shall clearly state the terms of 
appointment, salary and any other conditions of service in 
respect of such appointment as per Scheme of Management of 
the institution. 
(2) No employee of a non-government educational institution shall 
be dismissed, removed or reduced in rank or terminated without 
giving him a reasonable opportunity of being heard and with".lut 
the matter being referred to the Managing Committee for its 
consideration and approval: 
Provided that the School Authority may suspend an employee 
with immediate effect without the prior approval of the Managing 
Committee, if it is satisfied that soch immediate suspension is 
necessary by reasons of his gross misconduct under the Code of 
Conduct framed under section 16. 
(3) The procedure to be followed in disciplinary matters shall be such 
as may be prescribed. 
16. 
17. 
18.(1) 
Every employee of the non-government educational institution 
shall be governed by such Code of Conduct as may be prescribed, 
and on violation of any provision of such Code of Conduct the 
employee shall be liable to such disciplinary action as may be 
prescribed. 
The course of study, curriculum, text book, syllabus etc. for the 
non-government educational institutions shall be such as may be 
specified or recommended by the affiliating or recognising 
authority, Board, Council, as the case may be, under the respective 
State or Central Government. 
A child, who has not attained the age of 5 years, shall not 
be admitted to class I, or an equivalent class or any class 
higher than dass I. 
(2) A student seeking admission in non-government 
educational institution in any class higher than class I shall 
have to submit original Transfer Certificate from the 
,.. 
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 97. 
Prohibition of 
compulsory 
donations 
Inspection or 
Supervision 
Utilization of Fund 
Audit and Accounts 
(3) 
(4) 
(5) 
19. 
20. 
(a) 
(b) 
recognised school where the student studied last to the head 
of the non-government educational institution where admission 
is sought 
Admission of students in non-government educational 
institution shall be made without any distinction of religion, 
race, easte, creed or any of them. 
Every recognised non-government educational institution shall 
reserve 5% seats for admission of meritorious pupils hailing 
from poor families as recommended by Director in this behalf. 
Such pupils shall be selected as per norms to be prescribed. 
The students admitted against the reserved quota as provided 
in sub-section (4) shall pay such fees as may be fixed by the 
Director in consultation with the concerned School Authority 
on receipt of an application from the pupil in thi.s behalf. 
No non-government educational institution shall levy or collect 
any donation compulsorily from any student or his/her 
parents/ guardians: 
Provided that the Managing Committee, with prior intimation 
to the Director, may invite voluntary conbibutions from the 
parents or guardians for the construction of any building for 
the School or extension of buildings or hostels or any other 
facilities to be provided to the students. 
The Director or any officer authorised in this behalf, may.­
enter at any time, with or without notice, any place or building 
or premises which he/she has reasons to believe, is being 
used as a non-government educational institution; 
make such examination of place, building or premises or 
inspect any place, building or premises, equipment, articles 
or documents including financial transactions and seize any 
of such equipment articles, documents deemed necessary 
for the purpose of examination/investigation or collection of 
evidence and retain them as long as necessary; 
(c) after making the inspection, the Director or his authorized 
officer carrying out the inspection shall furnish a copy of the 
inspection report to the Manager 01 Managing Committee 
<'f th' . nor-government educational institution to act upon the 
;r:-"lr:>rt and for compliance thereof. 
2f (1) M" ;iey receiveJ o: held by or on behalf of concerned 
nongovernment educational institution shall be utilized for the 
purposes for which they are intended and shall be accounted 
for by the School Authority in such manner as may be 
prescribed. 
(2) The surplus fund of every such institution shall be invested in 
such manner as may be prescribed and shall be utilized 
towards educational development only. 
22. (1) The accounts of the non-government educational institutions 
shall be maintained and the audit shall be done in such manner 
as may be prescribed. 
98 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 
,.. List of 
Properties 
Withdrawal of 
recognition, 
order for closure 
Liability of the 
Chairman etc. to 
punishment 
Assistance of 
Police and Civil 
administration. 
Jurisdiction of 
Civil Court 
barred 
(2) 
23 . 
The institution shall furnish to the Director an audited statement 
of accounts at the closing of every financial year mentioning 
clearly the total receipts and expenditure during the last financial 
year. 
Every non-government educational institution shall maintain a 
list of the properties both movable and immovable owned or 
possessed by it and furnish the same to the Director at such 
time or in such manner as may be prescribed. 
24. (1) Where any non-government educational institution fails to fulfil 
or comply with the provisions of the Act or violates any of 
the provisions of this Act or the rules ade thereunder or any 
order passed by the State Government or the Director under 
the provisions of this Act, the State Government may, at any 
time after giving a reasonable opportunity of being heard, order 
for withdrawal of administrative recognition and closing down 
of the nongovernment educational institutions. In the event of 
such closure, the individual, associatio~ of individuals, Non­
Government Organisation, society or trust establishing and 
running the institution shall be solely responsible to the teaching 
and non-teaching staff, students, guardians and parents and 
25. 
26. 
27. 
other concerned persons or bodies etc. 
(2) The non-government educational institution established and 
functioning in the State without being registered under section 
4, shall be liable to be closed down and in the event of such 
closure the individual, association or individuals, Non­
Governmental Organisation, society or trust establishing and 
running the institution shall be solely responsible to the teaching 
and non-teaching staff, students, guardians and parents and 
other concerned persons and bodies etc. 
Any non-government educational institution or School Authority 
thereof failing to comply with any direction issued to it by State 
Government or the Director in discharge of their duties under this 
Act, the Chairman, or President or the society or trust or the 
individual, association of individuals or any other person 
responsible for overall management of the institution or the owner 
thereof shall be held responsible and be liable to be punished 
with a fine which may extend to Rupees ten thousand for the first 
offence and in the event of commission of every subsequent 
offence the fine may extend to Rupees fifty thousand . 
Director may, as and when situation so demands, take the 
assistance of such police force or assistance from the Civil 
administration as may be necessary in discharge of his duties under 
this Act. 
Except as expressly provided in this Act, no decision or order 
made in exercise of any power conferred by or under the 
provisions of this Act shall be questioned in any Civil Court. 
' r 
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20. 2007 99 
Delegation of 
powers of the 
Director 
Protection of 
action taken in 
good faith 
Removal of 
difficulty 
Power to 
make rules 
28. 
29. 
30. 
31 . 
The State Government may, by order, delegate any of the powers 
of the Director under this Act to such other officer as it may deem 
necessary. 
No suit or other legal proceedings shall lie against any person 
for anything which is in good faith done or intended to be done 
in pursuance of any of the provisions of this Act or any order 
made thereunder. 
If any difficulty arises in giving effect to any of the provisions of 
this Act, the matter shall be referred to the State Government 
whose decis ion thereon shall be final. 
( 1) The State Government may make rules for carrying out the 
purposes of this Act. 
(2) All rules made by the State Government under this Act shall, as 
soon as may be after they are made, be laid before the Assam 
Legislative Assembly, while it is in sessiq_n, for a total period of 
not less than fourteen days which may be comprised in one 
session or in two or more successive sessions, and shall, unless 
some later date is appointed, take effect from the date of their 
· publication in the Official Gazette subject to such modifications 
or annulments as the Assam Legislative Assembly may, during 
the said period agree to make, so however, that any such 
modification or annulment shall be without prejudice to the validity 
of anything previously done thereunder. 
M.A. HAQUE 
Secretary to the Govt. of Assam, 
Legislative Department. 
GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of ,.. . 

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