1.1 These regulations may be called the All India Council for Technical Education (Grant of Approvals for Technical Institutions) Regulations, 3[2011].

1.2 They shall apply to technical institutions conducting technical education and such other programs and areas as notified by the Council from time to time.

1.3 They shall come into force with effect from the date of their publication in the Official Gazette.

In these regulations, unless the context otherwise requires:

2.1 Academic year means Academic Year of the concerned affiliating University and/or technical institution.

2.2 Act means the All India Council for Technical Education Act, 1987 (52 of 1987).

2.3 AICTE web-portal means website hosted by the Council at URL .

2.4 Applicant means an applicant that makes an application to the Council for seeking any kind of approval under these regulations.

2.5 Approved Institution means the Institute approved by Council.

2.6 Chairman shall mean Chairman of the Council as described under sub-section (4)(a) of Section 3 of the Act.

2.7 Company means the company established under Section 25 of the Companies Act, 1956.

2.8 Competent Authority for Admission means a body responsible for admission to technical institutions in the State/UT concerned.

2.9 Council means All India Council for Technical Education establish (sic established) under. Section 3 of the Act.

2.10 Course means one of the branches of learning in Program.

4[2.11 Division shall mean;

A batch of sixty seats in Undergraduate Program and Diplomas in Engineering/Technology/Pharmacy/Hotei Management and Catering Technology/Applied Arts and Crafts, Architecture/Town Planning and postgraduate program in PGDM/MBA/MCA, excluding supernumerary seats, if any; A batch of 30 seats in Postgraduate program in Engineering/Technology/Pharmacy/Hotel Management and Catering Technology/Applied Arts and Crafts/Architecture/Town Planning].

2.12 E-Banking means the internet banking.

2.13 E-Receipt means the payment receipt received on payment using internet banking on web-portal of AICTE.

2.14 Executive Committee means the Committee constituted by the Council under Section 12 of the AICTE Act.

2.15 Foreign National means the citizen of all countries other than India who are not of Indian origin as defined under PIO.

2.16 Government Aided Institution means technical institution that meets 50% or more of its recurring expenditure out of the grant received from Government or Government organizations.

2.17 Government Institution means technical institution established and/or maintained by the Government.

2.18 Head of the Institution means the Vice-Chancellor/Director in case of a university or a deemed to be university, the Principal or the Director or such other designation as the executive head of the institution of the technical institution referred.

2.19 Non-Resident Indian (NRI) means an Indian citizen who is ordinarily residing outside India and holds an Indian Passport.

2.20 Persons of Indian origin (PIO) shall mean the persons who are citizens of other countries (except Pakistan and Bangladesh) who at any time held an Indian Passport, or who or either of his/her parents or any of his/her grandparents was a citizen of India by virtue of the provisions of the Constitution of India of Sec. 2(b) of the Citizenship Act (57 of 1955).

2.21 Private-Self Financing Institution means an Institution started by a Society/Trust/Company and does not received grant/fund from Central and/or State Government and/or Union Territory Administration for meeting its recurring expenditure.

2.22 Program means the field of Technical Education, i.e. Engineering, Technology, MCA, Architecture, Town Planning, Management-MBA, Management-PGDM, Pharmacy, Hotel Management and Catering Technology, Applied Arts and Crafts and such other programs and areas as notified by the Council from time to time.

2.23 Regional Committee means a Regional Committee established under Section 14 of the Act.

2.24 Second Shift means shift generally from 1 pm to 9 pm in which educational activities of the technical institution are conducted.

2.25 Society means a Society registered under Societies Registration Act, 1860.

2.26 Trust means a Trust registered under Charitable Trust Act, 1950 or any other relevant Act.

2.27 Any other words and expressions used herein and not defined but defined in the All India Council for Technical Education Act, 1987 (52 of 1987), shall have the same meanings respectively assigned to them in the said Act;

5[2.28 Part Time programs means activities conducted in evening time i.e. 5.30 p.m. to 9.30 p.m. (six days a week) wherever First/general shift working exits and are meant only for working professionals or professionals with at least two years of work experience].

3.1 A technical institution may be established and administered by the following:

(a) A Society registered under the Registration of Societies Act, 1860.

(b) A Trust registered under the Charitable Trusts Act, 1950 or any other relevant Act.

(c) A company incorporated under Section 25 of the Companies Act, 1956.

(d) A company as stipulated in Regulations sub-clause (2.7), having any foreign equity directly or indirectly as shareholding shall not be permitted from applying for setting up an Educational Institution.

(e) Central or State Government/UT Administration or by a Society or a Trust registered or a company incorporated under Section 25 of the Companies Act, 1956 or under Public Private Partnership mode by them or under Build Operate and Transfer mode.

4.1 All promoters of technical institutions and or Polytechnic (Technical Institution offering Diplomas) shall require prior approval of the Council for:

(a) Establishing a new Technical Institution/Polytechnic (Technical Institution offering Diplomas), or establishing a Technical Campus.

(b) Entry and operation of foreign Universities in India and collaborations and partnerships between Indian and foreign universities/institutions in the field of technical education, research and training.

(c) Converting existing AICTE approved Technical Institutions into a Technical Campus;

(d) Conversion from women only Institution to Co-Ed Institutions.

(e) Change of the name of the promoter society/trust/company/Technical institution.

(f) Closure of AICTE approved technical institution.

6[(g) Change of Site/Location of the existing Institution].

4.2 The Technical Institution/Polytechnic (Technical Institution offering Diploma) shall require prior approval of the Council for:

(a) Extension of existing approval;

7[(b) Introduction of new course/s, division/s, program/s, second shift, and Part Time Programs]

(c) Change in intake capacity;

(d) Creation of supernumerary seats for admitting foreign students/persons of Indian origin/children of Indian workers in gulf countries;

(e) Admission quota for children of Non-Resident Indians;

(f) Creation of supernumerary seats under tuition fee waiver scheme.

(g) Closure of AICTE approved course/program/division.

4.3 The Council shall publish, from time to time, Approval process Hand Book, detailing the procedure to process the applications of Institutions and/or promoters.

8[4.4 The applications for approval for the purposes listed under Clauses 4.1 (a), (b), (c), (d), (e), (f) and (g) of these regulations shall be made by]:

(a) The Chairman or Secretary in case of the Society/Trust.

(b) Managing Director or any authorized officer in case of company established under Section 25 of the Companies Act, 1956 and

(c) An officer authorized by the concerned Central Government/State Government/UT in case of Central or State Government/UT Administration or a Society or a Trust registered or a company incorporated under Section 25 of the Companies Act, 1956 or under Public Private Partnership mode by them, as the case may be.

4.5 The applications for approval for the purposes listed under Clause 4.2 (a), (b), (c), (d), (e), (f) and (g) of these regulations shall be made by Principal/Director of the technical institution or head of the institution or an officer of the institution duly authorized by the promoter of such institutions.

4.6 The formats of the application and the documents to be attached to the application and the fee to be remitted, the manner by which the applications are processed, the norms and standards, requirements and the procedures for grant of approval shall be prescribed in the Approval Process Hand Book by the Council from time to time.

4.7 The applicant may be required to submit the application for purposes listed in 4.1 and 4.2, and pay prescribed fee online through AICTE's web-portal or any other mechanism notified by the Council from time to time.

In such a case, the system may generate a-tracking number, specific to the application, which may be used by the applicant for making further references and to track/check the status of the application, concerned, online.

9[4.8 An affidavit, in the format as given on the web portal, on a Non-Judicial Stamp Paper of Rs. 100 duly sworn before a First Class Magistrate or Notary or an Oath Commissioner inter alia stating that the information given in the application is true and that if it is found at any stage that any or part of the information had been suppressed and/or misrepresented and/or the information given in the application is false, the Council will be free to take action including withdrawal of approval and/or any other legal action as it may deem fit].

9[4.9(a) All existing institution applying for

- Extension of approval to existing Technical Institution/Technical Campus

- Increase/reduction in intake in existing course

- Adding course/s in existing program

- Closure of program/course

- Mandatory provision of Supernumerary seats for TFW

- Introducing/continuing/discontinuing supernumerary seats for PIO

- Introducing/continuing/discontinuing seats for sons/daughters of NRIs

- Change of name of the Institute

- Second shift programs

- Part Time Programs

Shall make necessary corrections, online, based on the deficiency/Status report available through Institute login until such time that the applicant finally submits the applicable on the portal.

If there are no deficiencies then the system shall allot the intake applied for, as per Clause 3.0 sub-clause 8.1 and sub-clause 9.6 of Chapter II of the Approval Process Hand Book.

The consolidated list of the Institutes with the approved intake shall be placed before the Executive Committee for approval or otherwise. The same shall be notified on the web portal. Further the Institute may print the Extension of approval letter along with approved intake through the institute login.

No appeal shall be allowed on this procedure since an applicant is allowed corrections multiple times, in the application form along with generation of online deficiency/status report before submission of the application.

4.9(b) All applications other than 4.9(a) shall be evaluated by a Scrutiny Committee constituted by the Chairman, Regional Committee by selecting members using automated selection process provided by the AICTE web portal].

4.10 Regional Officer or an officer of the Council concerned shall assist the respective committees and place relevant records and documents before the respective committees and make necessary arrangements for conduct of the meetings; however, he shall not be part of the committees.

9[4.11 The Scrutiny Committee shall invite applicants of (a), (b), (c), (d) and (g) of Clause 4.1, for presentation of their proposals along with originals of all scanned documents and a video CD of all facilities created for new Institutions as the case may be.

As regards the applications listed at Clauses 4.1(e) and 4.2(g) the Scrutiny Committee will process the proposals based on the information/documents provided by the applicant.

There is no scrutiny for applications under clauses 4.2(a), (b), (c), (d), (e), (f) since the processing is based on self-disclosure].

9[4.12 Based on the recommendations of the Scrutiny Committee, the Regional Officer concerned shall communicate deficiencies, if any, to the applicants as stated in time schedule. The list of deficiencies shall also be posted in the AICTE web-portal for information].

9[4.13 Expert Committee shall visit the Institutions in respect of the applications as in Clauses 4.1 (a), (b), (c), (d), (f) and (g) of these regulations which are recommended by the scrutiny committee for further processing for grant of approval].

4.14 The State Government/UT and the affiliating university may forward their views on the applications received under Clause 4.1 and 4.2 of these regulations to the concerned Regional office of the Council as prescribed in the approval process hand book.

4.15 The views of the State Government/UT, administration, the affiliating University, if received in time as per schedule prescribed in the approval process hand book and Expert Committee recommendations, in case of applications received under Clauses 4.1 and 4.2 as applicable, of these regulations shall be considered by the Regional Committee for further processing for grant of approval. If the views of the State Government/UT and the affiliating university are not received from the State Government/UT and/or the affiliating University as mentioned in time schedule prescribed in the approval process hand book, the Council will proceed further for completion of approval process.

4.16 The Regional Officer concerned shall request the applicants, whose proposals seeking approval for cases as indicated in sub-clauses (a), (b) of Clause 4.1, are recommended by the Regional Committee for grant of approval, to deposit the prescribed amount in the name of member-secretary, AICTE along with an affidavit, in the prescribed format given on the web portal, as per the procedure mentioned in the approval process hand book.

10[xxx]

4.18 Regional Officer concerned, while forwarding the recommendations of the Regional Committee to AICTE headquarters, for placing before the Executive Committee shall verify that the processes and parameters prescribed under these regulations and approval process handbook are followed by the scrutiny committee and the regional committee.

The bureau concerned at AICTE headquarters shall also verify that the processes and parameters prescribed under these regulations and approval process handbook are followed by the scrutiny committee and the regional committee.

4.19 The recommendations of the Regional Committee shall be placed before the Executive Committee of AICTE. Executive Committee after considering the recommendations of the Regional Committee and on confirmation of deposit of Money, along with the affidavit, shall take a final decision at its meeting on grant of approval or otherwise.

4.20 The Council shall grant the desired approvals only after satisfying itself that the applicant meets all the norms and standards prescribed by it.

4.21 Further based on the decision of the Executive Committee, Letter of Approval for a maximum period of two years at a time or Letter of Rejection shall be issued by the designated authority of the AICTE.

4.22 New Institutions granted Letter of Approval and the existing Institutions granted approval for introduction of new course/s division/s program/s second shift and change in intake capacity, shall comply with appointment of teaching staff and Principal/Director as the case may be, as per policy regarding minimum qualifications, pay scale etc., norms prescribed by the Council and other technical supporting staff and administrative staff as per the schedule prescribed in the approval process handbook.

Institutions other than minority Institutions shall appoint teaching staff/Principal/Director and other technical supporting staff and administrative staff strictly in accordance with the methods and procedures of the concerned affiliating university particularly in case of selection procedures and selection committees.

The information about these appointments of staff in the prescribed format shall also be uploaded on the web-portal of AICTE as per the schedule prescribed in the approval process handbook.

In no circumstances unless the appointment of all teaching and other staff is in place, the Institutes shall start the approved Technical Courses.

11[4.23 The applications received under Clauses 4.1 and 4.2 of these regulations will be processed as per the procedures, norms, standards and schedule prescribed in the approval process hand book or as notified by the Council from time to time].

4.24 The applicants shall not use name the technical institution in such a way that the abbreviated form of the name of the technical institution becomes IIM or IIT or II Sc or NIT or AICTE or UGC or MHRD or GOI. The applicant shall also not use the word(s) Government, India, Indian, National, All India, All India Council, Commission anywhere in the name of the technical institution and other names as prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Provided that the restrictions mentioned above shall not be applicable, if the technical institution is established by Government of India or its name is approved by the Government of India.

4.25 Competent Authorities for Admissions shall not allow admission of students in those technical institutions, which do not have requisite prior approval of the Council.

4.26 Affiliating universities shall not enroll students admitted in such technical institutions, which do not have requisite prior approval of the Council. Further, all Technical Institutions conducting PG Diploma courses shall not initiate admission process before 31st March of the admission year.

4.27 Central/State Government/UT Administration concerned shall not permit any technical institution without requisite prior approval of the Council to admit students.

4.28 The applicant promoters/technical institutions are expected to provide to the Council true and complete information and documents required for various purposes. If, the information given and or the documents provided to the Council are found to be false, incomplete and/or the applicant promoters/technical institutions have failed to disclose factual information and/or suppressed/misrepresented the information, the Council shall take action including withdrawal of approval and/or any other action as deemed necessary against the applicant promoters/technical institutions.

4.29 AICTE may also conduct from time to time inspections with or without notifying dates in such cases where specific complaints of falsification of documents, misrepresentation, violation of norms and standards, malpractices and take appropriative actions, including withdrawal of approval and any other action deemed necessary against the applicant promoters/technical institutions, as the case may be.

4.30 The Money Deposited by the Technical Institution with AICTE may be permitted to be withdrawn after a term of ten years. However, the term of the Money deposited could be extended for a further period as may be decided on case to case basis and/or forfeited in case of any violation of norms, conditions and requirements and/or non-performance by the Institution and/or complaints against the Institution.

12[4.31 In the event of denial of extension of approval for the existing courses or grant of extension of approval under Clauses 4.28 and 4.29 of these regulations, any application received for approval for any of the purposes mentioned above at Clauses 4.1 and 4.2 of these regulations from such institutions shall not be considered till such proceedings are settled and the promoters/institutions are cleared of the charges of violations].

4.32 The affiliating universities shall transfer the students of the institutions, whose programs/courses have been discontinued by the Council or approval is withdrawn or suspended, to other nearby AICTE approved technical institutions affiliated to it and the Council shall allow supernumerary seats in such institutions to accommodate the transferred students appropriately till they complete the programs/courses.

4.33 Any Institution offering technical programs/Courses without approval of the Council, shall be termed as unapproved if:

(a) Started without approval by the Council.

(b) Working in temporary location/at location not approved by the Council.

(c) Declared as Unapproved by the Council:

Provided further, the Institutions conducting courses/programs in technical education, in temporary location/at location not approved by the Council, shall be liable for action for closure including appropriate action against defaulting Societies/Trusts/Companies/associated individuals as the case may be.

4.34 The Council shall not grant any conditional approval to any Institution.

4.35 Diploma holders and B.Sc Degree holders shall be eligible for admission to second year engineering degree courses up to a maximum of 20% of sanctioned intake, except Andaman, Nicobar, Lakshadweep, Diu and Daman where it shall be 30%, which will be the supernumerary of the approved intake:

Provided that students who have completed Diploma course in Architectural Assistantship and Town Planning shall be eligible for admission to second year Architecture degree courses up to a maximum of 20% of sanctioned intake, except Andaman, Nicobar, Lakshadweep, Diu and Daman where it shall be 30%, which will be the supernumerary of the approved intake:

Provided further that students who have completed Diploma course in Pharmacy shall be eligible for admission to second year Pharmacy degree courses tip to a maximum of 20% of sanctioned intake, except Andaman, Nicobar, Lakshadweep, Diu and Daman where it shall be 30%, which will be the supernumerary of the approved intake.

4.36 Working of Technical Institution set up by the company established under Section 25 of the Companies Act, 1956 or PPP or BOT model shall ensure the following:

(a) No profit working

(b) Income generated through operations of Technical Institution shall be utilized for working and development of the Technical Institution

(c) There shall be no indirect holding.

5.1 An Institution aggrieved by the decision of the Executive Committee of the Council may be permitted only one opportunity to file appeal before an appellate committee. The appellate committee shall be constituted by the Chairman, AICTE.

5.2 An officer of the Council shall place the records before the Appellate Committee. A representative of the Institute shall be invited to place the point of view of the Institute before the appellate committee.

5.3 The recommendations of appellate committee shall be placed before the Council of the AICTE whose decision shall be final.

5.4 The decision of the Council shall be communicated to the applicant in the form of a letter of approval or rejection or in the form of an appropriate communication. In case of rejection of the proposal, it shall be open for the applicant to make a fresh application.

The promoter society/trust/company established under Section 25 of the Companies Act, 1956 of a new technical Education Institution shall have the land as required and prescribed in its lawful possession with clear title in the name of the promoter society/trust/company established under Section 25 pf the Companies Act, 1956 on or before the date of submission of application:

Provided that it shall be open for the promoter society/trust/company established under Section 25 of the Companies Act, 1956 proposed institution to mortgage the land only after the receipt of letter of approval, only for raising the resources for the purpose of development of the Technical Education institute situated on that land.

All Technical Education Institutions shall upload the information in respect of their Director/Principal and faculty members in the format available on the web portal of the Council and update the information from time to time.

As a part of discharging social responsibility, all Technical Institutions approved by the Council are expected to conduct a 400 hours technical skills value added programs spread over a year (programs will include 3-4 hours three days a week, two batches of 40-50 students per batch, 5 pm to 8 pm). These Programs may be based on the needs of the local community where the Institute is located.

13[ The Council shall permit only university affiliated Technology Education/Management programs to be run as Part Time programs in any AICTE approved Technical/Management Institution].

Any question arising out of the interpretation of these regulations, shall be decided by the Council and the decision of the Council shall be binding and final.

The Council may in exceptional cases, for removal of any hardship or such other reasons to be recorded in writing, relax and of the provisions of these regulations in respect of any class or category of institutions.

If any technical institution contravenes any of the provisions of these regulations, the Council may, after making such inquiry, as it may consider appropriate and after giving the technical institution concerned an opportunity of being heard, withdraw the approval granted under these regulations.

An institution running any technical education in violation of these regulations, shall be liable for initiation of legal civil action including withdrawal of approval, if any, and/or legal criminal action by the Council against the Institution and/or its promoter Society/Trust/Company and Individuals associated as the case may be:

Provided further that if any technical institution contravenes any of the provisions of these regulations, the Council after making such inquiry as it may consider appropriate and after giving technical institution concerned, an opportunity to clarify the matter, may take any or all actions as specified below and as the case may be.

13[

14.1 The Technical Institutions shall submit the application for extension of approval in the prescribed format along with the enclosures to the concerned Regional Office of AICTE each year for extension of approval by the Council, even in cases where the approval to the Program/Course was granted for more than one year. The last date for receipt of such application with or without Late Fee shall be as mentioned in the schedule.

No-submission/incomplete submission of application for extension of approval shall invite appropriate penal action against the Institution. The institution shall be liable to the following punitive action from any one or more of the following by the council.

1. Suspension of approval for supernumerary seats for one academic year

2. No admission status in one/more courses for one academic year

3. Withdrawal of approval for program/course

4. Withdrawal of approval of the Institution.

14.2 Excess admissions. Excess admissions over the sanctioned intake shall not be allowed under any circumstances. In case any excess admission is reported to/noted by the Council, appropriate penal action will be initiated against the institution. The institution shall be liable to following punitive action from any one or more of the following by the council.

1. Excess admissions fee amounting five times the total fee collected per student shall be levied against each excess admission.

2. Suspension of approval for supernumerary seats for one academic year.

3. No admission status in one/more courses for one academic year.

4. Withdrawal of approval for program/course.

5. Withdrawal of approval of the Institution.

14.3 Non-fulfilment of requirement of qualified Principal/Director. Institutions not having qualified Principal/Director for a period, more than 18 months shall be liable to following punitive action by the council.

- No admission status for one academic year.

14.4 Non-fulfilment in faculty. Student ratio, not adhering to pay scales and/or qualifications prescribed for teaching staff:

Institutions not maintaining prescribed faculty: Student ratio not adhering to pay scales and/or qualifications prescribed for teaching staff for more than 18 months, shall be liable to following punitive action by the council from any one or more of the following:

1. Suspension of approval for supernumerary seats, if any for one academic year.

2. No admission status in respective courses for one academic year.

3. Withdrawal of approval of the respective course.

4. Withdrawal of approval of the Institution.

14.5 Non-fulfilment in Computer, Software, Internet, Printers, Laboratory Equipments, Books, Journals, Library facilities requirements. Institutions not maintaining prescribed Computer, Software, Internet, Printers, Laboratory Equipments and Books, Journals, Library facilities shall be liable to following punitive action from any one or more of the following by the council:

1. Suspension of approval for supernumerary seats, if any for one academic year.

2. No admission status in one/more courses for one academic year.

3. Withdrawal of approval for Program/course.

4. Withdrawal of approval of the Institution.

14.6 Non-fulfilment in additional Essential requirements for Technical Institution. Institutions not maintaining prescribed requirements shall be liable to following punitive action from any one or more of the following by the council:

1. Suspension of approval for supernumerary seats, if any for one academic year.

2. No admission status in one/more courses for one academic year.

14.7 Non-fulfilment in Built-up Area. Institutions not fulfilling prescribed built-up area requirements shall be liable to following punitive action from any one or more of the following by the council:

1. Suspension of approval for supernumerary seats, if any for one academic year.

2. No admission status in one/more courses for one academic year.

3. Withdrawal of approval for Program/course.

4. Withdrawal of approval of the Institution.

14.8 Refund Cases. Institutions not following guidelines issued by the council regarding refund of fees on cancellations of admissions or delaying refunds shall be liable to following punitive action from any one or more of the following by the council:

1. Fine for non-compliance of refund of fees levied against each case shall be twice the total fees collected per student.

2. No admission status in one/more courses for one academic year.

3. Withdrawal of approval for Program/course.

4. Suspension of approval for supernumerary seats, if any for one academic year.

1. Vide corrigendum dt. 28-5-2011, for 2010 .

2. Pub. in the Gaz. of India, Ext. No. 314, Pt. III, Sec. 4, dt. 10-12-2010.

3. Subs, by Noti. No. F. No. 37-3/Legal/2011, dt. 30-9-2011.

4. Add. by Noti. F. No. 37-3/Legl/2011, dt. 30-9-2011.

5. Add. by Noti. F. No. 37-3/Legl/2011, dt. 30-9-2011.

6. Subs, by Noti. F. No. 37-3/Legl/2011, dt. 30-9-2011.

7. Subs, by Noti. F. No. 37-3/Legl/2011, dt. 30-9-2011.

8. Subs, by Noti. F. No. 37-3/Legl/2011, dt. 30-9-2011.

9. Subs, by Noti. F. No. 37-3/Legl/2011, dt. 30-9-2011.

10. Clause 4.17 Omitted by Noti. F. No. 37-3/LegI/2011, dt. 30-9-2011.

11. Subs, by Noti. F. No. 37-3/Legl/2011, dt. 30-9-2011.

12. Subs, by Noti. F. No. 37-3/Legl/2011, dt. 30-9-2011.

13. Subs. Noti. F. No. 37-3/Legl/2011, dt. 30-9-2011.