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

###### 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.)

i'

###### 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.

# •


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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

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

Preamble

###### 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

Short title,

Educational lnstitutions(Regulation and Management)

extent and Act, 2006.
commencement

(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


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###### 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
 Power of the
 educational institutions in the State of As~am in accordance
 State Government
 with the provisions of this Act and the rules made thereunder.
 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 institutions 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
 Prior permission for
 Organization, society or trust intending to establish and run a
 establishment
 nongovemment educational institution and on given an
 of non-government educational undertaking to fulfil the requirements as laid down under institutions and section 10, may submit an application before the Director in registration. 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


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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.


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THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 ' 91.

_r_

Registration and 6 ( 1 ) The existing non-government educational institutions shall

administrative submit application for registration of their institutions before
recognition of the Director furnishing the full particulars and information and
the existing on payment of such fees as may be prescribed relating-to the
non-government

institutiori' sought to be registered and shall also furnish the

educational

copies of Government permission or recognition, if any,

institution.

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.

(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 pendjng _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

_ down Linder section 1 O and the rules made thereunaer, shall

be granted final registration.

###### (4) 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.

(5) 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.

(6) 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.

###### 7. The Administrative Recognition Committee referred to under

Constitution of the section 6 shall consist of the following:-

Administrative Recognition (1) !n re~pect of recognition of institutions

imparting Secondary and Higher Secondary
Committee.
level of education:

(a) Director, Secondary Education, Assam : Chairman.

(b) Joint Director. Secondary Education, Assam _: Member-_

Secretary.

(c) One State Government representative,
not below the rank of Deputy Secretary,
Seconda,.Y Education Deoartment : MembAr


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(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-

Secretary

(c) One State Government representative not
below the rank of Deputy 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

Procedure for permission and administrative recognition-has been granted
opening of higher to establish or run the institution to a certain level of class or
classes

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.

Academic 9. Grant of prior permission and administrative recognition to
permission and

establish and run an institution under sections 4 and 5

recognit!on by the
Board and the respectively, shall not cast any obligation on the State
Council to be Government or the Director as the case may be, in respect of
governed by their granting academic permission and recognition by the Board of
own regulations 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.

Requirements for 10. No non-government educational institution shall be established
establishment and

or run and no prior permission or administrative recognition to

administrative

such institutions shall be granted unless the institution fulfils

recognition· of non-

the following requirements, namely:-

government
educational (i). The institution shall possess,--
institutions

(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;


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**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


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94 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007

part in einy religious activity. No teacher or student absenting

                                 -                                  -                                  -                                  - 1                                  - ' himself 1 froo:i . r~ligio1;ts Jr;\s_tru,!itiqJ1.p.r religious activity shall be
made to suffer anytdJ&aP.ility @,i;'I .,that account and no student

. . . ·.                   - : _ sh~!! .~.wfus~d ,ac1m!~~i~on,W .t~e !~ stitution becayse of claiming

###### , _ . , . , . 1~X~fl)P..t!?~ i fro~ <J t,t,E(,~O~nf "'. ·*! ~el!fJ !~,-µ~ exercises ~! religious

instruction by him or his parf1nt or guardian;                       -

(xvi) The institution shall be open to inspection by any of the following

officers, namely:-

(a) any officer authorised by the Director;

(b) Director of Medical Services ·or Health Officer of the local

authority concerned;

###### (c) 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;

 (xvii) 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;

(xviii) All records of the institution shall be open to inspection by any

officer authorised by the State Government or the Director, as
the case may be, at any time and the institution shall furnish
such information as may be necessary to enable the State
Government or the Director, as the case may be, to discharge
their duties and functions in accordance with the provisions of
this Act andt he rD l~s made1°thereunder or any other law for the
time being in fore~;·                         - '' ~"

(xix) ' . . Every .. non-gbvemme'nt ~educational institution shall make all

endeavdur to ~ro?rl6te regicfnal languages and cultural heritage
of the State;

(xx) 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

(xxi) Such other requirements as may be prescribed not inconsistent

with the provisions of this Act.

Facilities to be 11.. The non-government educational institutions shall provide such
provided by the

facilities for sports and physical education, library service, and

non-government

other co-curricular activities, laboratory works, workshop

educational

practice etc. as may be prescribed.

Institution

Constitution of 12. ( 1) Every non-government educational institution shall constitute
the Managing a Managing Committee consisting of the following, namely:-
Committee

(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.


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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.

Powers and 13.(1) The Managing Committee shall have control over the
functions of appointment of the employees.disciplinary action against the
the Managing employees and overall administrative control of the affairs of
Committee

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.

Scheme of 14.(1) The Managing Committee shall frame a Scheme of
Management 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


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###### 96 THE ASSAM GAZEITE, EXTRAORDINARY, JANUARY 20, 2007

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.

Appointment 15. (1) The School authority shall issue appointment letter in the event
and disciplinary of any appointment made to any person in regard to its affairs
matters 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.

Code of 16. Every employee of the non-government educational institution
Conduct for the

shall be governed by such Code of Conduct as may be prescribed,

employee

and on violation of any provision of such Code of Conduct the

employee shall be liable to such disciplinary action as may be
prescribed.

,Curriculum 17. The course of study, curriculum, text book, syllabus etc. for the
and Syllabus

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~mission and 18.(1) A child, who has not attained the age of 5 years, shall not
Fees .. 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


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THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007 97.

###### recognised school where 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, easte, creed or any of them.

(4) 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.

(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 thi.s behalf.

Prohibition of 19. No non-government 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 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.

Inspection or 20. The Director or any officer authorised in this behalf, may.-
Supervision

(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 01 Managing Committee <'f th' . nor-government educational institution to act upon the

;r:-"lr:>rt and for compliance thereof.

Utilization of Fund 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.

Audit and Accounts 22. (1) The accounts of the non-government educational institutions

shall be maintained and the audit shall be done in such manner


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98 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 20, 2007

(2) 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.

,.. List of 23. Every non-government educational institution shall maintain a
Properties 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.

Withdrawal of 24. (1) Where any non-government educational institution fails to fulfil
recognition,

or comply with the provisions of the Act or violates any of

order for closure

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

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.

Liability of the 25. Any non-government educational institution or School Authority
Chairman etc. to

thereof failing to comply with any direction issued to it by State

punishment

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.

Assistance of 26. Director may, as and when situation so demands, take the
Police and Civil

assistance of such police force or assistance from the Civil

administration.

administration as may be necessary in discharge of his duties under
this Act.

Jurisdiction of
Civil Court 27.

Except as expressly provided in this Act, no decision or order

barred

made in exercise of any power conferred by or under the
provisions of this Act shall be questioned in any Civil Court.


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Delegation of

28. The State Government may, by order, delegate any of the powers

powers of the

of the Director under this Act to such other officer as it may deem

Director

necessary.

Protection of 29. No suit or other legal proceedings shall lie against any person
action taken in

for anything which is in good faith done or intended to be done

good faith

in pursuance of any of the provisions of this Act or any order

made thereunder.

Removal of 30. If any difficulty arises in giving effect to any of the provisions of
difficulty this Act, the matter shall be referred to the State Government

whose decision thereon shall be final.

Power to
make rules 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 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

_r '_   - publication in the Official Gazette subject to such modifications

or annulments as the Assam Legislative Assembly may, during
the said period agree to make, so however, that any such
modification or annulment shall be without prejudice to the validity

of anything previously done thereunder.

M.A. HAQUE
Secretary to the Govt. of Assam,

Legislative Department.

GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of ,.. .


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