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THE CHHATTISGARH NON-GOVERNMENT COLLEGES AND INSTITUTIONS IN HIGHER EDUCATION (ESTABLISHMENT AND REGULATION) ACT, 2006
THE CHHATTISGARH NON-GOVERNMENT COLLEGES AND INSTITUTIONS IN HIGHER EDUCATION (ESTABLISHMENT AND REGULATION) ACT, 2006 (Received the assent of the Governor on the 26th August, 2006; assent first published in the Chhattisgarh Rajpatra (Asadharan) dated the 31st August, 2006.)
[Act No. 25 of 2006]
PREAMBLE
An Act to provide for regulation of the establishment and working of the Non-Governmental Colleges and Institutions of Higher Education.
Be it enacted by the Legislature of the State of Chhattisgarh in the fifty seventh year of the Republic of India as follows :--
Chapter I - PRELIMINARY
THE CHHATTISGARH NON-GOVERNMENT COLLEGES AND INSTITUTIONS IN HIGHER EDUCATION (ESTABLISHMENT AND REGULATION) ACT, 2006 (Received the assent of the Governor on the 26th August, 2006; assent first published in the Chhattisgarh Rajpatra (Asadharan) dated the 31st August, 2006.)
[Act No. 25 of 2006]
PREAMBLE
An Act to provide for regulation of the establishment and working of the Non-Governmental Colleges and Institutions of Higher Education.
Be it enacted by the Legislature of the State of Chhattisgarh in the fifty seventh year of the Republic of India as follows :--
Section 1 - Short Title and Commencement
(1) This Act may be called the Chhattisgarh Non-Government Colleges and Institutions in Higher Education (Establishment and Regulation) Act, 2006.
(2) It shall come into force from the date of its publication in the Official Gazette.
(3) It extends to the whole State of Chhattisgarh.
Section 2 - Application of the Act
This Act applies to all the private colleges and/or the institutions of Higher Education aided in full or in part or unaided by the Government of Chhattisgarh and situated within the State of Chhattisgarh imparting general education within the concept of University Grants Commission and under recognition from the Department of Higher Education of the State Government.
Section 3 - Definitions
In this Act, unless the context otherwise requires : --
(1) "Ad-hoc grant" means the grant sanctioned by the State Government with regard to certain specified purposes under the provisions made therefor;
(2) "Aided College" means any college or institute aided financially regularly by the maintenance grant sanctioned by the Government of Chhattisgarh;
(3) "College Code" means the provisions contained under Statute No. 28 of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973);
(4) "College" means a private, aided or non-aided institution of teaching duly maintained by or admitted to the privileges of the University by or under the provisions of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973, running with the institutional title of a college or being other than the 'College', but by nature, working, scope and criteria, which falls within the concept of a college in Higher Education;
(5) "Commissioner" means the Commissioner of Higher Education or the officer or authority to whom powers have been delegated on his behalf by the Government or by the Commissioner;
(6) "Competent Authority" means an authority specified as a Competent Authority by the Government by notification to perform the functions of the Competent Authority under the Act for such area or for such purposes as may be specified in the notification;
(7) "Educational Agency" means the educational committee, society, trust or association sponsoring, managing, administering, controlling and running a non-Government educational institution in higher education unless otherwise specifically mentioned;
(8) "Employee" means a member of the staff, teaching or non-teaching, employed by a college or an institution of higher education, whether aided or non-aided;
(9) "Foundation Society" means a body of persons registered or incorporated by law for registration and statutory incorporation, which funds and maintains an educational institution admitted to seeking admission to the privilege of the University and where the governing body of this society is superseded under Section 33 of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 the person or persons appointed by the State Government to manage the affairs of the society;
(10) "General Education" means every branch of education other than technical education and includes special education;
(11) "Governing body" means the governing body constituted in accordance with the provision of the college code statute;
(12) "Government" means, unless specified otherwise, the Government of Chhattisgarh;
(13) "Grant" means the financial grant provided by the State Government to the educational institutions to promote and maintain academic standards and infrastructure by way of maintenance (salary) grant, ad-hoc grant, or in any other shape as the case may be;
(14) "Higher Education Department" means Department for Higher Education functioning under the Government;
(15) "Inspection" means the scrutiny of records, registers and checking of physical specifications as determined by the Competent Authority in regard to building, libraries, laboratories, playgrounds and other allied matters and overall appraisal of the educational institutions and its functionaries in the development of the institution;
(16) "Institution" means College;
(17) "Maintenance/Salary Grant" means the grant payable regularly for the teachers and employees of the aided colleges by the State Government for their salaries and allowances etc.;
(18) "Management" means in relation to any institution, the governing body thereof within the meaning of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), and the expression management of the institution shall be construed accordingly;
(19) "Non Government College" means a college managed and run by any group of the persons, trust, or society beyond the direct administrative control of the Government;
(20) "Non-aided College" means a college other than the aided college or institution;
(21) "President of the Foundation Society" means a person who is duly elected as its President (by whatever name called) by the foundation society and is the exclusive head there of and when the society is superseded under Section 33 for the Society Registrikaran Adhiniyam, 1973 the person or the head of the body of the persons appointed by the State Government to manage the affairs of the Society;
(22) "Teacher" means any member of the teaching staff in an education institution appointed to give instruction in that institution;
(23) "University" means a University established or incorporated by or under a Central Act, a Provincial Act or State Act, and includes any such institution as may, in consultation With the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under the University Grants Commission Act, 1956 and working under the jurisdiction of the Stale of Chhattisgarh.
Chapter II - ESTABLISHMENT OF NON-GOVERNMENT COLLEGES AND INSTITUTIONS IN HIGHER EDUCATION
In this Act, unless the context otherwise requires : --
(1) "Ad-hoc grant" means the grant sanctioned by the State Government with regard to certain specified purposes under the provisions made therefor;
(2) "Aided College" means any college or institute aided financially regularly by the maintenance grant sanctioned by the Government of Chhattisgarh;
(3) "College Code" means the provisions contained under Statute No. 28 of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973);
(4) "College" means a private, aided or non-aided institution of teaching duly maintained by or admitted to the privileges of the University by or under the provisions of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973, running with the institutional title of a college or being other than the 'College', but by nature, working, scope and criteria, which falls within the concept of a college in Higher Education;
(5) "Commissioner" means the Commissioner of Higher Education or the officer or authority to whom powers have been delegated on his behalf by the Government or by the Commissioner;
(6) "Competent Authority" means an authority specified as a Competent Authority by the Government by notification to perform the functions of the Competent Authority under the Act for such area or for such purposes as may be specified in the notification;
(7) "Educational Agency" means the educational committee, society, trust or association sponsoring, managing, administering, controlling and running a non-Government educational institution in higher education unless otherwise specifically mentioned;
(8) "Employee" means a member of the staff, teaching or non-teaching, employed by a college or an institution of higher education, whether aided or non-aided;
(9) "Foundation Society" means a body of persons registered or incorporated by law for registration and statutory incorporation, which funds and maintains an educational institution admitted to seeking admission to the privilege of the University and where the governing body of this society is superseded under Section 33 of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 the person or persons appointed by the State Government to manage the affairs of the society;
(10) "General Education" means every branch of education other than technical education and includes special education;
(11) "Governing body" means the governing body constituted in accordance with the provision of the college code statute;
(12) "Government" means, unless specified otherwise, the Government of Chhattisgarh;
(13) "Grant" means the financial grant provided by the State Government to the educational institutions to promote and maintain academic standards and infrastructure by way of maintenance (salary) grant, ad-hoc grant, or in any other shape as the case may be;
(14) "Higher Education Department" means Department for Higher Education functioning under the Government;
(15) "Inspection" means the scrutiny of records, registers and checking of physical specifications as determined by the Competent Authority in regard to building, libraries, laboratories, playgrounds and other allied matters and overall appraisal of the educational institutions and its functionaries in the development of the institution;
(16) "Institution" means College;
(17) "Maintenance/Salary Grant" means the grant payable regularly for the teachers and employees of the aided colleges by the State Government for their salaries and allowances etc.;
(18) "Management" means in relation to any institution, the governing body thereof within the meaning of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), and the expression management of the institution shall be construed accordingly;
(19) "Non Government College" means a college managed and run by any group of the persons, trust, or society beyond the direct administrative control of the Government;
(20) "Non-aided College" means a college other than the aided college or institution;
(21) "President of the Foundation Society" means a person who is duly elected as its President (by whatever name called) by the foundation society and is the exclusive head there of and when the society is superseded under Section 33 for the Society Registrikaran Adhiniyam, 1973 the person or the head of the body of the persons appointed by the State Government to manage the affairs of the Society;
(22) "Teacher" means any member of the teaching staff in an education institution appointed to give instruction in that institution;
(23) "University" means a University established or incorporated by or under a Central Act, a Provincial Act or State Act, and includes any such institution as may, in consultation With the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under the University Grants Commission Act, 1956 and working under the jurisdiction of the Stale of Chhattisgarh.
Section 4 - Non-Government Colleges and Institutions of Higher Education not to be established except after permission
No educational institution shall be established except in accordance with the provisions of this Act and any person who contravenes the provisions of this section or who after the permission granted to him under this section having been cancelled continues to run such institution shall be punished with simple imprisonment which shall not be less than six months but which may extend to three years and with fine which shall not be less than three thousand rupees but which may extend up to fifty thousand rupees.
Section 5 - Special provisions in respect of existing institutions
The institutions imparting education, which were established and recognised in accordance with rules in force immediately before the commencement of the said Act and in existence at such commencement shall be deemed to be educational institutions, established and recognized under the said Act, provided that they comply with the provisions of the said Act and the rules made thereunder, within such period and in accordance with such procedure as may be prescribed :
Provided that any private institution imparting education which is in existence at the commencement of the said Act but which has not been recognized in accordance with the rules in force immediately before such commencement, shall make an application for recognition in accordance with the provisions of the said Act and the rules made thereunder and every such application shall be disposed of within sixty days of its receipt by the Competent Authority.
Section 6 - Permission for establishment of educational institutions
The competent authority shall, from time to time, conduct a survey as to identify the educational needs of the locality under its jurisdiction, and notify in the prescribed manner through the local newspapers calling for applications for permission to,--
(a) establish an institution imparting education; or
(b) open higher classes in an institution imparting higher education; or
(c) open new course (Certificate, Diploma, Degree, Post-Graduate Degree Courses, etc.).
Section 7 - Application for grant of permission
Any society registered under the provisions of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 desirous to open a college may make an application, in the manner prescribed on this behalf, not later than the 31st October of the year preceding the academic year in which the institution is proposed to be opened, to the Commissioner along with,--
(a) the proof of registration of the society;
(b) the details of the management and the managing body concerned;
(c) the details of the funds available with the society supported by their respective proofs;
(d) the details of the land and buildings having space for office, classrooms, laboratories, common-room, games and sports etc. with basic amenities as of toilets, water and electricity. Documented proof in support of ownership, hire or lease should be submitted. It should be ensured that such provisions are made for at least five years;
(e) the details of immovable property required to run the institution, such as furniture and equipments for the office, classes, laboratories, common-room etc.;
(f) constitution of the incorporated body which should necessarily contain along with its other provisions, the description of management and its committees and the rules and regulations, procedures for administrative and financial management of the proposed institution;
(g) a copy of the tentative budget for three years showing the proposed revenue and expenditure;
(h) a copy of the proposed faculties and classes;
(i) permission of the competent authorities for land acquired and the buildings for constructions with approved plans;
(j) availability of facilities of higher education within a radius of 20 km. of the area proposed;
(k) availability of the proposed courses in the institutions within the area proposed;
(l) feasibility report as to :--
(i) need for providing educational facilities to the people in the locality;
(ii) adequacy of financial provisions for continued and efficient maintenance of the institution as prescribed by the Competent Authority;
(iii) location is sanitarily fit with healthy surroundings.
Section 8 - Corpus Fund
(1) The corpus find (endowment) as may be prescribed, shall be deposited by the educational agency according to the procedure prescribed before the Commissioner of Higher Education accords permission for establishment of the institution.
(2) The educational agency of the private institution shall deposit the corpus fund (endowment) in the joint account of the management and the Government represented by the Commissioner of Higher Education concerned, in any nationalized bank. Under no circumstances, the corpus fund deposited shall be permitted to be withdrawn. The Government may, however, permit the educational agency, to utilize the interest part, for the development of the institution every five years.
However, in exceptional cases, the educational agency, may request the Commissioner of Higher Education to reduce this time interval to three years.
Nevertheless, this period in any case shall not be less than three years, with certain laid down conditions.
Section 9 - Extent of land and accommodation to be provided
The extent of land and accommodation to be provided by the educational institutions shall be as prescribed.
Furthermore, the educational agency shall provide suitable buildings for accommodating the proposed institution as per the specifications laid down by the State Government.
Section 10 - Requirements as to location of the institution
It shall be mandatory for the educational agency to have its own permanent structure on its own land.
However, if it is not possible then the educational agency, may request the Commissioner of Higher Education, who may permit after noting clown the reasons :--
(a) If the institution is proposed to be located within the premises of an institution belonging to the zila panchayat or the municipality concerned, the educational agency shall get the prior permission of the zila panchayat or the municipality concerned, as the case may be, to locate the proposed institution and to utilize the facilities like accommodation, furniture, library, laboratory, playground, etc. belonging to the already existing institution until separate accommodation etc. are provided for the proposed institution. The educational agency shall send the letter of permission along-with the application for the establishment of the institution. The educational agency shall take necessary steps to provide necessary accommodation and other facilities exclusive for the proposed institution, at the earliest;
However, it shall be mandatory for the educational agency to provide separate accommodation to the institution being run by it within five years. In case the educational agency fails to provide the said facility within the stipulated time, the permission granted to run the institution shall stand withdrawn automatically;
However, it shall be at the discretion of the educational agency as to which institution it wants to run at the said venue;
(b) If the private institution is proposed to be located in a private accommodation, the Commissioner of Higher Education may permit the educational agency to do so provided that a lease hold building suitable for accommodating the institutions is acquired and that a lease-deed for a period of not less than five years is produced. The educational agency shall also produce documentary evidence to show that they have the requisite land and funds to construct the buildings and that they are prepared to construct the said buildings within a period of ten years at the latest;
(c) If the private educational institution is proposed to be located within the premises of an already existing institution, the educational agency shall provide necessary accommodation and other facilities like furniture, library, laboratory, etc. exclusively for the use of the proposed institution, as per the specifications laid down by the Department of Higher Education and/or University concerned;
(d) If the institution is proposed to be located in a building donated by a donor, then the necessary documentary proof shall be produced;
(e) If the institution is proposed to be located in a place not covered by any of the clauses cited above, then the decision of the Commissioner of Higher Education shall be final;
(f) Priority shall be accorded to the educational agency who wants to open institutions of higher learning in the following areas :--
(i) Blocks where there are no facilities for higher education; (ii) Remote areas of the State not accessible;
(iii) Inter State border areas where educational institution do not exist on either side;
(iv) Physical distance exceeds 30 km. from the next existing seat of higher learning. However, in exceptional cases the distance could be reduced to 20 km.;
(v) Tribal blocks where the population of the Scheduled Tribes exceeds 50%.
(vi) Urban areas where higher educational institutions do not exist in consonance with population density;
(vii) Where literacy rate is very low with special reference to percentage of literacy in higher education for women;
(viii) Where the educational agency plans to start residential colleges in the tribal blocks.
However, the educational agency can approach the Government for private public participation for starting residential colleges in the tribal blocks.
Section 11 - Inspection
The Competent Authority, on being satisfied with the contents of the application shall nominate a committee of experts in the manner prescribed, to inspect the proposed institution of higher education within 45 days of the receipt of the application. In order to find out the extent of fulfilment of the conditions prescribed on a convenient date to both the parties, the committee shall visit the institution and will submit its report within a month giving its findings and remarks so as to grant permission or not. Further, the report shall also specifically state the subjects, course of study, the number of students for admission and the conditions if any, which may be stipulated while granting, or for granting the permission.
Section 12 - Grant of Permission
(1) On receipt of inspection report recommending grant of permission, the Competent Authority shall proceed to grant permission unless it is satisfied that there exists circumstances justifying refusal of permission :
Provided that if the Competent Authority proposes to differ with the inspection report recommending grant of permission, it shall be obligatory for him to give reasonable opportunity of hearing to the applicant, before taking final decision of refusal.
(2) In case the Competent Authority decides to grant permission, it shall initially accord letter of intent subject to fulfilment of such conditions as may be prescribed in the stipulated time. However, this shall in no case extend beyond 31st May of the concerned year. The concerned education agency shall inform the Competent Authority about having taken care of the deficiencies enumerated in the letter of intent. Further, the said agency shall request for a final inspection to grant permission for starting the institution from the ensuing academic session. Thereafter, the educational institution shall approach the concerned University for affiliation immediately after procuring the permission of the Competent Authority.
(3) In case the educational agency requests for relaxation in time to fulfil the requirements, then it shall be at the discretion of the Commissioner of Higher Education to do so after getting a report from a person or persons appointed for the purpose by the Competent Authority.
However, the Competent Authority shall direct the person or persons appointed to submit a report every year regarding the fulfilment of progress of the concessions granted for the said purposes and in case the progress is not found satisfactory continuously for three years the permission granted shall stand withdrawn forthwith by issuing notice.
Section 13 - No permission for up gradation
No permission shall be granted for the establishment of an educational institution by way of upgradation of a higher secondary school into degree college; however, with the prior approval of the Commissioner of Higher Education, it can be permitted to be established within the premises of an existing institution provided the educational agency is prepared to provide the prescribed requirements like accommodation, furniture, library, laboratory and other facilities exclusively for the proposed class or category of institution.
Section 14 - Application for initiating further new courses, faculties and classes
No application for initiating further new courses, faculties and classes will be considered until the end of the third year from the date of incorporation of the newly established institutions.
However, the Competent Authority may accord permission for opening additional sections or courses subject to the availability of various physical facilities like accommodation etc., required for the proposed additional sections or courses after three years from the date of incorporation.
Section 15 - Special Incentives in certain cases
The Competent Authority on application from the educational agency for cases cited under Section 10 (f) shall,--
(1) Grant concession of 50% on value of immovable properties or corpus fund fixed as a norm in general cases for a period not exceeding three years from the date of granting permission by the Government in cases where,--
(i) the institution proposed is being established in a notified rural tribal area; and
(ii) no institute of higher education, general or vocational, within radius of 20 km. of the proposed location. However, an application for obtaining the rebate mentioned herewith shall have to be made by the respective management committee.
(2) The Government, in cases of the tribal blocks and of the notified blocks where facilities for higher education do not exist within a radius of 50 km may further consider proposal for opening of or running a new college within the premises of any existing higher secondary school either owned by the Government or by a private body, duly registered in accordance with the provisions of the said Act, subject to the conditions that--
(i) accommodation, furniture and other educational facilities are available;
(ii) permission from such existing institution as is aforementioned in sub-section (1) is produced with the proposal.
(3) Moreover, the Government may consider giving concessions for the following, provided the educational agency has at least 15 acres of land registered with the society, however, if the area where the institution is to be opened is in tribal areas then at least 5 acres of land should be registered with the society;
(i) 50% of the total expenditure for administrative buildings, class rooms, hostels, sports complex, and laboratory, as per the estimate of public works department or any approved agency by the State or Central Government and the building being constructed by public works department;
(ii) 100% of the salary of the teachers appointed as per University Grants Commission norms which shall be mandatory initially for a period of ten years;
(iii) 50% of the cost of equipments purchased for vocational courses started;
(iv) 100% of the cost of relevant course books purchased for vocational courses;
However, the above concession shall not be applicable for institutions that want to run traditional courses.
Further more, a committee whose Chairman shall be the Collector of the district under which the institution falls shall nominate the concession enumerated above. The issuance of the concession granted every year shall only after the receipt of the utilization certificate countersigned by the Chairman of the monitoring committee.
Section 16 - Permitted institutions to seek affiliation from concerned University
The institution having obtained the permission from the Government shall not commence their academic curriculum unless they get affiliations from the concerned University.
Section 17 - No affiliation without permission
Notwithstanding anything contained to the contrary in any law, the University shall not grant affiliation to any institute without permission or approval of the Department of Higher Education. Further, the University shall send a copy of the affiliation order to the Commissioner of Higher Education for information.
Section 18 - Restriction on shifting and transfer of permitted institutions
(1) No institution for which permission to establish has been granted to meet the educational needs of a particular area, shall be permitted to be shifted to another area.
However, it shall be permissible to shift the institution from one building to another within the same vicinity for the purpose of providing better accommodation or shifting into own building with the prior permission of the Government.
(2) Any unauthorized shifting of the institution shall render automatic withdrawal of the permissions granted to the institution, without any further notice.
(3) The educational agency, for which permission to establish an institution has been accorded shall not transfer the institution to another educational agency under any circumstances.
Section 19 - Withdrawal of Permission
(1) Where the management of any educational institution contravenes any of the provisions of this Act and the rules framed thereunder; the Competent Authority may, for reasons to be recorded in writing withdraw the recognition of the institution or take such other action as is deemed necessary after giving to the management an opportunity of making representation against such withdrawal or action.
(2) Where the Government is of opinion that the permission granted to any educational institution in public interest, be withdrawn, it may, after giving one month's notice to the management of such institution to make any representation, withdraw by notification, the permission granted to the said institution.
(3) The Competent Authority shall withdraw permission granted to the private educational institution permanently or for any specific period as may deem fit, when an institution, including a permanently recognized/affiliated institution, in the opinion of the Competent Authority, has failed to fulfil any of the conditions.
Section 20 - Control over Examination System
The examination system whether by internal assessment, external assessment or partly internal or partly external, shall be regulated by the rules prescribed in the interest of making it reliable and effective methods for student evaluation.
Section 21 - Restriction on change of nature
Under no circumstances, women's institution shall not be allowed to be converted into co-educational or boys' institution and vice-versa without the permission of State Government.
Section 22 - Regulation of Admission
(1) The application prescribed for admission of students and the advertisement calling for the application shall contain the particulars of order under which the institution has been established.
(2) The admission of students into various courses shall be as per the rules of admission prescribed by the University concerned, from the time to time.
(3) In no case the intake of student shall exceed the prescribed limits of strength. The principle of the institution shall be personally liable for violation of the rules of admissions.
Section 23 - Fee Structure
(1) The Government shall constitute a permanent standing committee comprising of seven members of which the Commissioner of Higher Education shall be the Chairman, Additional Director of Higher Education Member-Secretary, one member of the management, the principal of college, one principal of the government colleges, one principal of non-government colleges, and one educationist to be nominated by the Government for fixing and regulating the fee structure.
(2) The standing committee while deciding the fee structure shall take into account the incentives given by the Government to the institution.
Section 24 - Restriction on commercial use of land and building
No income through commercial use of the land or building shall be allowed, where the government has provided the aid, in whatever shape, to acquire the land or construction of building or both thereon without the permission of the Stale Government.
Section 25 - Restriction on use of Income
Any income from the funds raised for the specific purposes shall be used for the purposes concerned only and no part of it shall be allowed either to spend elsewhere or to invest it commercially.
However, use of remains of such funds can be permitted, on application and after due inspection of records, towards meeting out the deficit in pension funds in salary aided colleges or for meeting out the deficit in payment of the salaries to regular teaching staff in non-aided colleges.
Section 26 - Constitution of permanent cell
A permanent cell shall be constituted at the Directorate of Higher Education under an officer not below the rank of Additional Director to handle all the affairs pertaining to private institution. The Additional Director so appointed shall be the member-secretary of the standing committee constituted for free structure.
Chapter III - RECRUITMENT, PROMOTION AND SERVICE CONDITIONS ETC. OF TEACHERS AND EMPLOYEES IN AIDED INSTITUTIONS
A permanent cell shall be constituted at the Directorate of Higher Education under an officer not below the rank of Additional Director to handle all the affairs pertaining to private institution. The Additional Director so appointed shall be the member-secretary of the standing committee constituted for free structure.
Section 27 - Recruitment of teachers and employees
Recruitment to the post of a teacher or other employee of an institution shall be made--
(1) with prior permission from the State Government and in accordance with the provisions of College Code Statute No. 28.
However, the application for permission shall be routed through the concerned University.
(2) the Government shall have no objection, if the college recruits teachers out of the resources for the institution. Under no circumstances, such posts shall be transferable to the general posts already sanctioned by the Government.
Section 28 - Promotion
The affiliating University shall take appropriate steps in the matters pertaining to placement or promotion of teachers as per the provisions of College Code Statute No. 28 from time to time.
However, these placements/promotions shall be subjected to the approval of the Commissioner of Higher Education who shall further take the concurrence of the finance department of the Government. The committee constituted for this purpose shall have one member of the Government to be appointed by the Commissioner of Higher Education.
Section 29 - Service conditions
The University shall review the service conditions of the employees of these aided institutions at least once in three years and inform the government from time to time about the outcome of the review.
Chapter IV - GRANT-IN-AID
The University shall review the service conditions of the employees of these aided institutions at least once in three years and inform the government from time to time about the outcome of the review.
Section 30 - Grant-in-aid
(1) Grant-in-aid shall be provided to recognized educational institutions under private management, subject to the conditions hereinafter specified and with due consideration of the requirements of each locality.
(2) The grants can be sanctioned for--
(i) maintaining the salary and allowances in aided institution;
(ii) building;
(iii) instruments or land;
(iv) other allied purposes to such extent and within such limits and with such conditions as may deem fit to the Government. (3) Government decision on Grant-in-aid shall be final and shall not be challengeable in any Court of law.
Section 31 - Types of Grant
(1) Maintenance grant is a recurring grant provided for payment of the salaries to such employees (including teachers) of the non-governmental institutions as were appointed with the concurrence of either Higher Education Department of Madhya Pradesh Government or Madhya Pradesh Uchcha Siksha Anudan Aayog prior to the commencement of the said Act.
(2) Ad-hoc Grant is a non-recurring grain to be provided for such non-aided colleges, as have been running successfully with good record for five years, prior to submitting application for the assistance.
Section 32 - Application for grant
The sanctioning authority may consider application for the grants available for the non-governmental institution, provided that;
(i) the institution applying for a specific grant has been registered as a society under the Registrikaran Adhiniyam in force and has been duly recognised by the Government under the concerned laws for eligibility to the gant;
(ii) the institution has been in existence and running for not less than five years in case of the ad-hoc grants and ten years of its establishment in case of maintenance grants;
(iii) the application for grant is for such purposes only as have been provided by the Government;
(iv) the application for grant is not associated with promotion of any sectional interest, based on a particular caste, creed or community;
(v) the institution has not such antecedents, which render it ineligible for the assistance in its record;
(vi) the number of students enrolled in and benefitted by the institution.
Section 33 - Form and declaration for grant
Every application for the sanction of grant shall be made to the Government, in such form as may be prescribed, together with a declaration signed by management of the recognised institution to the effect,--
(i) that the conditions of recognition and of grant are being and shall continue to be fully observed;
(ii) that all facilities for inspection of that institution, its accounts, registers and other records relating to the purpose shall be provided as and when required; and
(iii) that all the returns and reports prescribed in this behalf submitted to the Competent Authority within the time specified by it.
Section 34 - Sanctioning authority for grant
Except in cases where reference to Government is required, the Commissioner of Higher Education shall sanction grants to be paid from State funds.
Section 35 - Restrictions as to the assistance-grant on salary
The assistance grant on salary for the educational staff of aided college, shall be limited to such courses and subjects pertaining to general education only, as are provided in the government colleges and as are recognized by the Department of Higher Education.
However, if the aided colleges wish to start any new course other than the existing courses, it shall do so out of its own resources raised for the purpose
Section 36 - Audit
The accounts of every institution receiving aid from Government shall be subject to audit and it shall be open to the Commissioner, to decide in respect of each institution whether such audit shall be carried out by the auditors of his department or by outsiders and how often and at what intervals such audit shall be carried out. The auditors deputed by the Commissioner shall be given full access to all registers, records, account books etc. that the auditors find it necessary to be perused to a satisfactory discharge of their duties.
Section 37 - Power to withhold, withdraw, reduce, suspend, or recover the grants
The Government may after necessary investigation withhold, withdraw, suspend, reduce the grant, or to recover the amount under objection, and to vest into the Government, the property created out of grants,--
(i) if the institution concerned fails to fulfil all or any of the conditions of recognition or aid; or
(ii) it refuses admission to any student on the ground of caste or community to which the student belongs; or
(iii) if the management or any of the teachers employed in the institution takes part in political agitation directed against the authority of Government; or inculcates opinions tending to excite feelings of disharmony or disaffection amongst the students; or
(iv) if the institution, directly or indirectly, encourages propaganda calculated to bring in hatred, ridicule or contemptuous of the beliefs and practices of any religion; or
(v) if there is violation of any orders of the Commissioner with regard to the employment of any teacher whose certificate has been cancelled or suspended after due enquiry or who after due enquiry has been considered by him to be unfit or undesirable to be a teacher; or there is falsification of registers, or misuse of special fee collections or other funds for purposes other than those for which they are collected or there is misrepresentation regarding fees; attendance or mass copying has been reported by the University or other matters or other proved fraud or irregularity; or
(vi) if the institution concerned fails to disburse the salaries of teachers and employees as per University Grants Commission scales and State Government or wilfully violates the instructions of the Government in carrying out its directives given or fails to submit the quarterly report as to the number of students enrolled, the curriculum completed as per schedule, the utilization certificate of the grant disbursed for the said purpose to the Commissioner of Higher Education; or
(vii) if the grant provided is used for the purposes other than those for which they have been sanctioned.
Section 38 - Lapse of grant
The eligibility of an institution for purposes of aid from State funds shall cease automatically if the recognition of that institution is withdrawn and such ineligibility shall take effect from the date, from which the withdrawal of recognition takes effect. Subject to this condition an institution, which works throughout a financial year or for a part of a year, shall be eligible for grant of such period whether or not it works beyond that period.
Chapter V - INSTITUTIONAL FUNDS, ACCOUNTS AND PROCEDURE FOR PAYMENT OF SALARIES IN SALARY AIDED COLLEGES
The eligibility of an institution for purposes of aid from State funds shall cease automatically if the recognition of that institution is withdrawn and such ineligibility shall take effect from the date, from which the withdrawal of recognition takes effect. Subject to this condition an institution, which works throughout a financial year or for a part of a year, shall be eligible for grant of such period whether or not it works beyond that period.
Section 39 - Existing set up to be preserved
The existing number of posts of teachers and other employees sanctioned by the Government or created with the approval of the Government in a salary-aided non-government educational institution under any law in force immediately before the commencement of the Act shall not be decreased or increased without the concurrence of the State Government.
Section 40 - Educational Institution Grant-in-aid not to be discontinued
Notwithstanding anything to the contrary, any educational institution under private management which has been in receipt of grant-in-aid in shape of maintenance grant from the Government under any law in force before the commencement of the Act shall continue to receive such grant-in-aid without any abatement or diminution of any kind whatsoever, provided it fulfills the conditions laid down in Section 5.
Explanation.--"Maintenance Grant" or salary grant shall mean and include the grant payable to the teachers and employees of the college by the State Government towards their salary, dearness allowance, other allowances etc. under the existing provisions.
However, the teachers working in such subjects, courses and faculties which also run under the Department of School Education, the same scales will be effective which is effective to the teachers of the same subjects, courses and faculties of Department of School Education, even if, the college has taken permission from the Department of Higher Education or M.P. Uchcha Shiksha Anudan Ayog to start such subject, courses and faculties in the college concerned. Tins provision shall be deemed to come, in force from 1st November, 2000.
Section 41 - Payment of clearness allowances
(1) In case where the management of aided educational institutions do not pay dearness allowance at rates notified by the Government for the staff in such institutions the Commissioner, shall carry out investigation into the financial position of the institution and if, after such investigation he is satisfied that the managements can afford to pay the allowance at Government rates, shall direct the management concerned to pay the allowance at Government rates.
(2) If after the issue of such a direction, the managements receiving grants from state funds do not pay the allowance at Government rates, the grant payable to them may be withheld either in full or in part.
Section 42 - Management of institutions receiving grant
Every institution receiving grant shall be under the management of one or more persons recognized by the department who in the capacity of proprietors, trustees or members of committee elected by the society or association by which the institution is maintained, shall undertake or be answerable for the maintenance of the instilution and the fulfilment of all the conditions of recognition and aid including the due enforcement of such rules of discipline as are prescribed from time to time.
Section 43 - Constitution of Institutional Fund
A separate account shall be opened in a treasury or sub-treasury of the area where the institution is situated, for each institution under the head provided as per the rules for the purpose of payment of the salary of the teachers and employees in which the institutional fund for the institution shall be deposited.
For the purpose of operation of the account opened under the provisions of the Act, the provisions of Chhattisgarh Treasury Code shall apply mutatis-mutandis.
Section 44 - Operation of fund
The institutional fund shall be operated jointly by a representative of the institution nominated by its management and the Commissioner of Higher Education or his nominee, under the rules framed by the Government under the said Act on certain conditions as may be prescribed in the rules, the State Government may issue, an order authorizing the Commissioner or his nominee to operate the account singly for such period as may be specified in the order.
