All India Council for Technical
Education (Grant of Approvals for Technical Institutions) Regulations, 2010
PREAMBLE
In exercise of its powers conferred under
sub-section (1) of Section 23 read with Section 10 and Section 11 of the All
India Council for Technical Education Act, 1987 (52 of 1987) and in
supersession of the Regulations F. No. 37-3/Legal/2010, dated 15th January,
2010 regarding grant of approval for starting new technical institutions,
introduction of courses or programs and increase/variation of intake capacity
of seats for the courses or programs and extension of approval for the existing
technical institutions, the All India Council for Technical Education makes the
following regulations-
Regulation - 1. Short Title, Application and Commencement
1.1 These regulations may be called the All India
Council for Technical Education (Grant of Approvals for Technical Institutions)
Regulations, 2010.
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.
Regulation - 2. Definitions.
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 www.aicte-india.org.
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.
2.11 "Division" shall mean;
A batch of sixty seats in Undergraduate Program and
Diplomas in Engineering/Technology/Pharmacy/Hotel 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 18
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;
Regulation - 3. Promoters of the Technical Institutions.
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.
Regulation - 4. Grant of Approvals for Technical Institution/Polytechnic (Technical Institution offering Diplomas).
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.
4.2 The Technical Institution/Polytechnic
(Technical Institution offering Diploma) shall require prior approval of the
Council for:
(a)
Extension of existing approval;
(b)
Introduction of new course/s, division/s,
program/s, second shift;
(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.
4.4 The applications for approval for the purposes
listed under Clause 4.1 (a), (b), (c), (d) and (e) 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.
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 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.
4.9 All applications 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.
4.11 The Scrutiny Committee shall invite applicants
of (a), (b), (c) and (d) 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 other
applications listed at
4.1 and 4.2 the Scrutiny Committee will process the
proposals based on the information/documents provided by the applicant.
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 Applicant
Society/Trust/Company may rectify the deficiencies and submit compliance as stated
in time schedule for reconsideration by the Scrutiny Committee. The list of
deficiencies shall also be posted in the AICTE web-portal for information.
4.13 Expert Committee shall visit the Institutions
in respect of the applications received under sub-clauses (a), (b), (c) and (d)
of Clause 4.1 and under Clause 4.2 [b] for the second shift 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.
4.17 All existing Technical Institutions shall
deposit money in place of existing FDR of the amount equal to the FDR in the
name of Member-Secretary, AICTE, for the remaining period as applicable to them.
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.
4.23 The
applications received under Clauses 4.1 and 4.2 of these regulations will be
processed as per the procedures and schedule prescribed in the approval process
handbook 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.
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(c) 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 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.
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.
Regulation - 5. Appeal before Appellate Committee:
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.
Regulation - 6. Requirement of land.
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 of 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.
Regulation - 7. Information in respect of Director/Principal and Faculty members.
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.
Regulation - 8. Social responsibility.
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.
Regulation - 9. Part Time/Evening Programs.
The Council shall not permit any Technical
Education program to be run as either evening or part time program in any
Technical Institution.
Regulation - 10. Interpretation.
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.
Regulation - 11. Power to relax.
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.
Regulation - 12. Withdrawal of approval.
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.
Regulation - 13. Penalty.
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.
Regulation - 14. Non-submission/Incomplete submission of Compliance Report.
14.1 In case of non-submission/incomplete submission
of Compliance Report by the prescribed time limit, the concerned institution or
its promoters shall be imposed any one or more of the following actions:
(a)
Suspension of approval for supernumerary seats
(b)
No admission status in one/more courses
(c)
Withdrawal of approval for program/course
(d)
Withdrawal of approval of the Institution.
14.2 Excess admissions: In case any excess admission
by an Institute is reported to/noted by the Council, the Institution shall
attract any one or more of the following actions;
(a)
Surcharge on fee equivalent to five times of the
total fee collected per student admitted in excess to approved strength
(b)
Suspension of approval for supernumerary seats
(c)
No admission status in one/more courses
(d)
Withdrawal of approval for program/course
(e)
Withdrawal of approval of the Institution.
14.3 Non-fulfilment of requirement of qualified
Principal/Director: The Institution which does not have qualified
Principal/Director as prescribed in position, for a period, more than 18 months
shall be liable to be placed under no admission status.
14.4 Non-fulfilment in Faculty: Student Ratio, not
adhering to pay-scales and/or qualifications prescribed for teaching staff:
The Institutions not maintaining prescribed
Faculty: Student ratio as prescribed for more than 18 months, not adhering to
pay-scales and/or qualifications prescribed for teaching staff shall be liable
to any one or more of the following actions:
(a)
Suspension of approval for supernumerary seats, if
any
(b)
No admission status in respective courses
(c)
Withdrawal of approval of the respective course
(d)
Withdrawal of approval of the Institution.
14.5 Non-fulfilment in Computer, Software, Internet,
Printers, Laboratory Equipments, Books, Journals, Library facilities
requirement:
Institutions not maintaining prescribed Computer,
Software, Internet, Printers, Laboratory Equipments and Books, Journals, Library
facilities as prescribed shall be liable to any one or more of the following
actions:
(a)
Suspension of approval for supernumerary seats, if
any
(b)
No admission status in respective courses
(c)
Withdrawal of approval of the respective course
(d)
Withdrawal of approval of the Institution.
14.6 Non-fulfilment in additional essential
requirements for Technical Institution: Institution not maintaining prescribed
requirement shall be liable to any one or more of the following actions by the
Council:
(a)
Suspension of approval for supernumerary seats, if
any
(b)
No admission status in one/more courses
14.7 Non-fulfilment in Built-up Area: Institutions
not fulfilling prescribed built-up-area requirement shall be liable to any one
or more of the following actions:
(a)
Suspension of approval for supernumerary seats, if
any
(b)
No admission status in respective courses
(c)
Withdrawal of approval of the respective course
(d)
Withdrawal of approval of the Institution.
14.8 Refund Cases: Institutions not following AICTE
guidelines/ Regulations regarding refund of fees on cancellations of admissions
or delaying refunds shall be liable to any one or more of the following
actions:
(a)
Surcharge equivalent to two times of the total fee
collected per student shall be levied against each case of refund of fee
(b)
Suspension of approval for supernumerary seats, if
any.