I
------ .:
i'
•
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:: LEGISLATIVE 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.
Registered No. 768/97
THE AS SAM GAZETTE
WW
EXTRA ORDINARY
are; WW w W
PUBLISHED BY AUTHORITY
as 19 @433, W, 20 W, 2007, 30 it? 1928 (In)
No. 19 Dispur, Saturday, 20th January, 2007, 30th Pausha, 1928 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :2 LEGISLATIVE BRANCH
NOTIFICATION
The 19th January, 2007
I No. LGL. 191/2005/7.—— 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
88 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20I 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-govemment
educational institutions in the State of Assam.
Whereas it is expedient to regulate the establishment and
management of non-govemment 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)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
This Act may be called the Assam Non-Government
Educational lnstitutions(Reguiation and Management)
Act, 2006.
It extends to the whole of Assam.
It shall come into force on such date as the State
Government may, by notification in the Official Gazatte,
appoint.
In this Act, unless the context otherwise requires,—
“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;
“employee” means the teaching and non teaching staff
of non-govemment educational institutions;
“existing non-government educational institutions"
means existing non-government educational institutions
which are in existence on the date of commencement of
this Act;
“Higher Secondary level of education” means education
imparted from class Xl to XII;
" 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 inciude the governing bodies of the junior
college 3;
“Middle level of education” means education imparted
from mass V to VII;
(9) “non-government educational institutions" means schools or
junior colleges established and run by an individual or
association 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.
‘\_._.~/
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 ._8_9_-
Organisation or socie1y or trust, except the schools established
r 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“ wherever 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;
(j) “Primary level of education” means education imparted from
class l to N;
(k) “Secondary level of education” means education imparted
from class Vlll to X;
(l) “State Government” means the Government of Assam.
3. (1) The State Government may regulate all the non-government
educational institutions in the State of Assam in accordance
with the provisions of this Act and the rules made thereunder.
Power of the
State Government
to regulate
non-government (2) On and from the commencement of this Act, the establishment
educational of non-government educational institutions or the opening of
"‘sm‘mm‘s 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-Govemment
‘ Organization, society or trust intending to establish and run a
nongovernment educational institution and on given an
Prior permission for
establishment
of non-govemment , . .
educational undertaking to fulfil the requrrements as laid down under
institutions and section 10, may submit an application before the Director in
registration. such form 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 permission to the applicant for opening a non-govemment
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.
90
Administrative
recognition
THE ASSAM GAZETTE EXTRAORDINARY JANUARY 20 2007
(4)
(5)
(5)
5(1)
(2)
(3)
(4)
(5)
(6)
(7)
in the event of refusal togrant permission under sub - section
(2), the aggrieved individual, association of individuals,
Non-Govemment Organization, society or trust, may prefer
an appeal before the State Governmentwhose decision
thereon shall be final.
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.
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.
After establishment and registration of the non-government
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.
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.
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-govemment educational institution for its
administrativerecognition by the Director.
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 recognition shall be made to the institution
for reasons to be recorded in writing.
The Director shail issue order granting administrative
recognition or refusing to grant such recognition to an applicant
in accordance with the recommendation of the Administrative
Recognition Committee.
Any applicant, to whom the administrative recognition is refused
may prefer an appeal before the State Government whose
decision thereon shall be final.
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 examination and consideration of the application and the
information furnished 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 institutions which have been found established and
run with the permission 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 recognition 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
L
__ THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 .
Registration and
administrative
recognition of
the existing
non-government
educational
institution.
Constitution of the
Administrative
Recognition
Committee.
6
(1)
(2)
(3)
(4)
(5)
(6)
(1)
(a)
(b)
(C)
91
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
institution 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 Board or Council as the case may be, within six
months from the date of commencement of this Act.
On examination and consideration of the application and the
information furnished by the existing institutions under sub-
section (1), the Director shall provisionally registerthe existing
institution pending such enquiry or inspection as may be
prescribed, for final registration of the institution.
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 institutions which have been found established and
run with the permission or recognition from the State
Government or Director possessing the requirements as laid
. down under section 10 and the rules made thereunder, 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 recognition of the State Government
or Director and fulfilling the requirements as laid down under
section 10 and the rules made thereunder shall apply for
obtaining administrative recognition 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 and 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:-
_ln respect of recognition of institutions
Impartmg Secondary and Higher Secondary
level of education:
Director, Secondary Education, Assam : Chairman.
Joint Director. Secondary Education, Assam : Member-
Secretary.
One State Government representative,
not below the rank of Deputy Secretary,
Secondary Education Department : Member
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 School and junior college;
92 THE ASSAM GAZETTE EXTRAORDINARY JANUARY 20 2007
Procedure for
opening of higher
classes
Academic
permission and
recognition by the
Board and the
Council to be
governed by their
own regulations
Requirements for
establishment and
administrative
recognition of non-
government
educational
institutions
10,
(d)
(i)-
(b)
——.——-1—_._.____-
One re resentative each from the Board of
Secon ary Education, Assam (SEBA) and
Assam Higher Secondary Education Council
(AHSEC)
in respect of recognition of institutions imparting Primary and
Middle level ofeducation:
: Member
Director, Elementary Education, Assam : Chairman
Joint Director, Elementary Education, Assam : Member-
Secretary
One State Government representative not
below the rank of Deputy Secretary,
Elementary Education Department. : Member
One representative from the Board of
Secondary Education, Assam(SEBA) : Member
One representative from the State Council of
Educational Research and Training (SCERT),
not below the rank of Joint Director : Member
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.
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 Govemment or under
any statute, which shall be govemed by the respective rules
and regulations of the concerned Board, Council, Body, as the
case may be.
No non—govemment 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:-
The institution shall possess,—
not less than two bighas of land in one plot in case of rural
areas, one highs 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;
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 School 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
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 93.
Explanation: Forthe 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 and suitable for an educational institution 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
fUmishings 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 thoroughfare 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
and orderly behaviour and to maintain a high moral 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 religious instruction is given 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 ·. ' himself1 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~ <Jt,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 concerned;
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 rDl~s made1°thereunder or any other law for the
time being in fore~;· • '' ~"
. Every .. non-gbvemme'nt ~educational institution shall make all
endeavdur 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.
94 T
Facilities to be
provided by the
non-govemment
educational
institution
Constitution of
the Managing
Committee
HE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 .
part in any religious activity. No teacher or student absenting
* himself fromvreligious instruction or religious activity shall be
made to suffer any disability bra that account and no student
. shall be refused admission to the institution because of claiming
_ exemption from attendance at relIgIous exercises or religious
(XVi)
(a)
(b)
(C)
(xvii)
(xviii)
(xix) ,
(XXi)
11,
12(1)
(b)
instruction by him or his parent 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 concerned;
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 Directoh 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 and the rUies made thereunder or any other law for the
time being In force; '
Every non-government educational institution shall make all
endeavourto promote regidnai 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 prescn'bed not inconsistent
with the provisions of this Act.
The non-govemment educational institutions shall provide such
facilities for sports and physical education, library service, and
other co-curricular activities, iaboratory works. workshop
practice etc. as may be prescribed.
Every non-govemment educational institution shall constitute
a Managing Committee consisting of the following, namely:—
The Chainnan 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
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
THE ASSAM GAZETTE EXTRAORDINARY JANUARY 20 2007 95.
Powers and
functions of
the Managing
Committee
Scheme of
Management
(0)
(d)
(e)
(f)
(2)
(3)
(4)
(5)
13.(1)
(2)
14.(1)
Two 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
Two Teachers/Lecturers of the institution
elected or selected from amongst themselves : Members
Any person who shall be educationist of the
locality : Members
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
The term of the Managing Committee shall be for a period of
two years.
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.
if any member expressly desires in writing not to continue as a
member in the Managing Committee or abstains himseif 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.
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.
The Managing Committee shall have control over the
appointment of the empioyees,disciplinary action against the
employees and overall administrative control of the affairs of
the institution.
The Managing Committee shall not conduct the affairs of the
institution in such a way which may adversely affect the interest
of the institution.
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
(2)
(3)
and record.
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.
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
96 THE ASSAM GAZETTE EXTRAORDINARY JANUARY 20 2007 .
Appointment
and disciplinary
matters
Code of
Conduct for the
employee
Curriculum
and Syllabus
Admission and
Fees.
(4)
(5)
15. (i)
(2)
(3)
16.
17.
18.(1)
(2)
due to increase in the facilities provided in the institution and
may disapprove, for reasons to be recorded in writing.
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.
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.
The School authority shall issue appointment letter in the event
of any appointment made to any person in regard to its afl‘airs
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.
No employee of a non-govemment educational institution shall
be dismissed, removed or reduced in rank'or terminated without
giving him a reasonable opportunity of being heard and without
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 such immediate suspension is
necessary by reasons of his gross misconduct underthe Code of
Conduct framed under section 16.
The procedure to be followed in disciplinary matters shall be such
as may be prescribed.
Every employee of the non-govemment educational institution
shall be govemed 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-govemment 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 class I.
A student seeking admission in non-government
educational institution in any class higher than class l 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.
THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 97.
‘ recognised schoolwhere the student studied last to the head
of the non-government educational institution where admission
is sought.
(3) Admission of students in non-government educational
institution shall be made without any distinction of religion,
race, caste, creed or any of them.
(4) Every recognised non-govemrnent 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.
(5) 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 this behalf.
Prohibition of 19. No non-govemment educational institution shall levy or collect
compulsory any donation compulsorily from any student or his/her
donations parents/ guardians:
Provided that the Managing Committee, with prior intimation
to the Director, may invite voluntary contributions 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.
Inspection or 20. The Director-or any officer authorised in this behalf, may,—
suPeMSim (a) 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;
(b) 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 0| Managing Committee
of thr nor-government educational institution to act upon the
moon and for compliance thereof.
Utilization 0f Fund 21': (1) Maney received 0; 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 shalt be invested in
such manner as may be prescribed and shall be utilized
towards educationai development only.
Audit and Accounts 22. (1) The accounts of the non-govemment 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 ru les 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.
,7"
'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
yean
Every non-govemment 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
25.
26.
27.
(2)
or comply with the provisions of the Act or violates any of
the provisions of this Act or the rules ad‘e 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, association 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
other concerned persons or bodies etc.
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 orthe 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.
. A
' 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 decision 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 ,.. .
_:' THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 22
Delegation of
powers of the
Director
Protection of
action taken in
good faith
Removal of
difficulty
Power to
make rules
28. 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.
29. 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.
30. 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 decision thereon shall be final.
31 . (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 session, 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.
MR
UWAHATI - Printed and published by the Dy. Director
(Ex-Gazette) No. 37—500+600-20-t-2007.
(P&S) Directorate of Ptg. and Sty., Assam, Guwahati—Zl