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 All India Council for Technical Education (Grant of
Approvals for the Technical Institutions) Regulations, 2012 notified in the
Gazette of India vide F. No. 37-3/Legal/AICTE/2012 dated 27th September, 2012
regarding grant of approval for starting new Technical Institutions,
introduction of Courses or Programmes and increase/variations of intake
capacity of seats for the Courses or Programmes, Extension of Approval and F.
No.: 37-3/Legal/2007 dated 12th January, 2007 regarding admissions under
lateral entry in Degree Engineering Programme for the existing Technical
Institutions, the All India Council for Technical Education makes the following
Regulations: 1.1 These Regulations shall be
called the All India Council for Technical Education (Grant of Approvals for
the Technical Institutions) Regulations, 2016. 1.2 These Regulations shall apply
to Technical Institutions conducting and/or intending to conduct technical
education and such other Programmes and areas as notified by the Act. 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/Board 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 web site hosted by the Council at URL www.aicte-india.org. 2.4 "APH" means
Approval Process Handbook published by the AICTE every year prescribing norms
and standards for processing the applications submitted for grant of various
approvals. 2.5 "Applicant" means
an applicant who makes an application to the Council for seeking any kind of
approval under these Regulations. 2.6 "Approved
Institution" means the Technical Institution approved by the Council. 2.7 "Break in EoA"
means break in the approval of the Institution during the previous year(s). 2.8 "Chairman" means
Chairman of the AICTE as described under sub-section 4(a) of Section 3 of the
Act. 2.9 "Co-Ed Institution"
means the Institution admitting male, female and transgender students. 2.10 "Commission" means
University Grants Commission established under Section 4 of the University
Grants Commission Act, 1956 2.11 "Company" means a
Company established/registered under Section 8 of the Companies Act, 2013 2.12 "Competent Authority
for Admission" means an organization that has, the legally delegated
authority, capacity, or power to do admission to Technical Institutions in the
State/UT concerned. 2.13 "Council" means
All India Council for Technical Education established under Section 3 of the
Act. 2.14 "Course" means one
of the branch of learning in Programme such as Civil Engineering, Mechanical
Engineering etc. 2.15 "Division" means A batch of maximum of Sixty (60)
seats in Under Graduate Programme and Diploma in Engineering/Technology/Hotel
Management and Catering Technology/Applied Arts and Crafts, Post Graduate
Programme in PGDM/MBA/MCA excluding supernumerary seats, if any; A batch of maximum of Forty (40)
seats in Under Graduate and Diploma in Architecture/Town Planning Programme
excluding supernumerary seats, if any; A batch of maximum of Fifty (50)
Seats in Under Graduate in Pharmacy Programme excluding supernumerary seats, if
any; A batch of maximum of Sixty (60)
Seats in Diploma in Pharmacy Programme including supernumerary seats, if any; A batch of maximum of Thirty (30)
seats in Post Graduate Programme in Engineering/Technology/Hotel Management and
Catering Technology/Applied Arts and Crafts/Architecture/Town Planning; A batch of maximum of Fifteen
(15) seats in Post Graduate Programme in Pharmacy; A batch of maximum of Sixty (60)
seats in Integrated Degree in Engineering and Technology, Integrated Degree in
MCA and Integrated Degree in MBA; and A maximum of Ten (10) seats per
year in Fellowship Programme in management. 2.16 "EoA" means
Extension of Approval granted by AICTE for conduct of technical Programmes by
an Institution. 2.17 "EVC" means Expert
Visit Committee constituted by the Regional Officer as per the composition
given in Approval Process Handbook to verify physically the infrastructural
facilities of the applicant Institution. 2.18 "Executive
Committee" means the Committee constituted by the Council under Section 12
of the AICTE Act. 2.19 "First Shift"
means activities conducted in First spell of time (from 8 am to 4 pm) wherever
two-Shift working exists. 2.20 "Foreign National"
means the citizen of countries other than India who are not of Indian origin as
defined under OCI/PIO. 2.21 "Government Aided
Institution" means Technical Institution that meets 50% or more of its
recurring expenditure out of the grant received from the Government or
Government organizations. 2.22 "Government
Institution" means Technical Institution established and/or maintained by
the Government. 2.23 "Head of the
Institution" means the Vice-Chancellor 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. 2.24 "Lateral Entry"
means admission of students into second year of Diploma/Degree/MCA Programmes
as per Approval Process Handbook. 2.25 "Level" means
Diploma, Post Diploma, Degree, Post Graduate Degree and Post Graduate Diploma
Programmes. 2.26 "Minority Educational Institution"
means a college or an educational Institution established and administered by a
minority or minorities and recognized by Competent Authority as Minority
College/Institution. 2.27 "NBA" means
National Board of Accreditation, an autonomous body set up by AICTE, under
Societies Registration Act, 1860. 2.28 "Non-Resident Indian
(NRI)" means an Indian citizen who is ordinarily residing outside India
and holds an Indian Passport. 2.29 "Overseas Citizen of
India (OCI)" means a foreign national, who was eligible to become citizen
of India on 26.01.1950 or was a citizen of India on or at any time after
26.01.1950 or belonged to a territory that became part of India after
15.08.1947. Minor children of such person are also eligible for OCI. However,
if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will
not be eligible for OCI. 2.30 "Part Time
Programme" means activities conducted in evening time i.e. 5.30 pm to 9.30
pm (six days a week) wherever Single/Regular Shift working exists and are meant
only for working professionals or professionals with at least two years of work
experience. 2.31 "Person of Indian
Origin (PIO)" means a foreign citizen (except a national of Pakistan,
Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal) who at any
time held an Indian passport Or who or either of their
parents/grandparents/great grandparents were born and permanent resident in
India as defined in Government of India Act, 1935 and other territories that
became part of India thereafter provided neither was at any time a citizen of
any of the aforesaid countries; or who is a spouse of a citizen of India or a
PIO. 2.32 "Programme" 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
Programmes and areas as notified by the Act. 2.33 "Public Private
Partnership (PPP)" means a partnership based on a contract or concession
agreement, between a Government or Statutory entity on the one side and a
private sector enterprise on the other side. 2.34 "Regional
Committee" means a Committee established under Section 14 of the Act. 2.35 "SAC" means
Standing Appellate Committee constituted by the Chairman as per the composition
given in Approval Process Handbook for considering the Appeals of Technical
Institutions. 2.36 "SCSC" means
Standing Complaint Scrutiny Committee constituted by the Chairman for scrutiny
of complaints received against the Technical Institutions. 2.37 "Second Shift"
means activities conducted in 2nd spell of time (from 1 pm to 9 pm) wherever
two-Shift working exists. 2.38 "Self-Financing
Institution" means an Institution started by a Society/Trust/Company and
does not receive grant/fund from Central and/or State Government and/or Union
Territory Administration for meeting its recurring expenditure. 2.39 "Single Shift/Regular
Shift" means where, educational activities of the Technical Institution
are conducted between 9 am and 5 pm. 2.40 "Society" means a
Society registered under Societies Registration Act, 1860. 2.41 "SHC" means
Standing Hearing Committee constituted by the Chairman as per the composition
given in Approval Process Handbook to review the EVC reports and replies
received for Show Cause Notices, and forward its recommendations to EC for
approval. 2.42 "State Level Fee
Committee" means a Committee notified by the concerned State Government/UT
Administration for regulation of fee to be charged by the Technical
Institutions. 2.43 "Technical
Institution" means an Institution set up by Government, Government Aided
and Self-Financing/Trust/Society/Company for conducting Courses/Programmes in
the field of technical education, training and research in Engineering,
Technology, MCA, Architecture, Town Planning, Management, Pharmacy, Hotel
Management and Catering Technology, Applied Arts and Crafts and such other
Programmes and areas as are notified by the Act. 2.44 "Trust" means a
Trust registered under the Indian Trust Act, 1882 as amended from time to time
or any other relevant Acts through the Chairman/President/Secretary of the
Trust. 2.45 "University" means
a University defined under Clause (f) of Section 2 of the University Grants
Commission Act, 1956. 2.46 Any other word and
expression used herein and not defined but defined in the All India Council for
Technical Education Act, 1987 (52 of 1987), shall have the same meaning
respectively assigned to them in the said Act. 3.1 A Technical Institution shall
be established and administered by the following: (a) A Society
registered under the Societies Registration Act, 1860; (b) A Trust
registered under the Indian Trust Act, 1882 as amended from time to time or any
other relevant Acts through the Chairman/President/Secretary of the Trust; (c) A Company
established under Section 8 of Companies Act, 2013; (d) Central
or State Government/UT Administration or by a Society or a Trust registered by
them; (e) Apart
from the above bodies as mentioned in (a), (b), (c) and (d), any other body
formed under Public Private Partnership (PPP) or under Build Operate Transfer
(BOT) mode through an Officer authorized by Central/State Government/UT; and (f) A Company
as stipulated in Clause 2.11 of these Regulations, having any foreign equity
directly or indirectly as shareholding shall not be permitted to apply for
setting up a Technical Institution. 3.2 Working of Technical
Institution set up by the Company or PPP or BOT mode shall ensure the
following: (a) Not for
profit making; (b) Income
generated from operation of Technical Institution shall be utilized for working
and development of the Technical Institution; and (c) There
shall be no indirect holding. 4.1 All Promoters of Technical
Institutions shall seek prior approval of the Council for: (a) Setting
up new Technical Institution offering Technical Programme at Diploma/Post
Diploma/Degree/Post Graduate Degree and Post Graduate Diploma/Collaboration and
Twinning Programme between Indian and Foreign Universities or Institutions in
the field of Technical Education, Research and training; (b) Change of
Site/Location of the existing Institution; (c) Closure
of Institution; (d) Conversion
of Women's Institution into Co-Ed Institution and vice-versa; and (e) Conversion
of Diploma Level into Degree Level and vice-versa 4.2 The Technical Institutions
shall seek prior approval of the Council for: (a) Extension
of approval; (b) Increase
in intake/addition of Course(s) in existing Courses in the Regular/First Shift
in existing Institutions having valid NBA accredited Courses; (c) Addition
of Integrated/Dual Degree Course in the Regular/First Shift in existing
Institutions having valid NBA accredited Courses; (d) Fellowship
Programme in Management in existing Institutions having valid NBA accreditation
for Management Programme; (e) Introduction/Continuation
of supernumerary seats for OCI/PIO/Foreign Nationals/Children of Indian Workers
in the Gulf Countries; (f) Introduction/Continuation
of seats for sons/daughters of NRIs; (g) Reduction
in intake; (h) Change in
name of the Course/Closure of Programme and/or Course; (i) Change in
name of the Institution; (j) Change in
name of the Trust/Society/Company; (k) Change in
Affiliating University/Board; (l) Restoration
of reduction in intake/No Admission given based on the punitive action in the
preceding Academic Year; and (m) Continuation
of the Approval after a breaking the earlier approval; 4.3 No NOC from Affiliating
University/Board/State Government/UT shall be required for reduction in intake
to Non-Zero intake and closure of Second Shift Courses. 4.4 For closure of PGDM Course,
NOC from Affiliating University/Board is not applicable. However, EVC shall be
conducted and the applicant has to pay the fee as prescribed in Approval
Process Handbook. 4.5 In Restoration of Courses
where an EVC has to be conducted, the fee as prescribed in Approval Process
Handbook has to be paid by the applicant. 4.6 Well performing institutes
providing quality technical education such as getting accreditation of Courses
by NBA, possess UGC approved autonomy shall be duly recognized by AICTE and considered
for granting approvals for more than one year at a time as specified in APH. Such Institutions who have the
approval to the Programme/Course for more than one year shall however upload
the data for the downloading of EoA. 4.7 There shall be 15% supernumerary
seats for Foreign Nationals/Overseas Citizen of India/Persons of Indian Origin
(OCI/PIOs)/Children of Indian Workers in the Gulf Countries in all the Courses,
of which 1/3rd shall be reserved for Children of Indian Workers in the Gulf
Countries. Any vacant seat in a given Course, out of 1/3rd seats reserved for
Children of Indian Workers in the Gulf Countries shall be reverted to the quota
of 2/3rd meant for OCI/PIO/Foreign Nationals and vice-versa. Beside this, any
vacant seat after the last round of the admission of the concerned State
Government, may be filled with Foreign Nationals/Overseas Citizen of
India/Persons of Indian Origin (OCI/PIOs)/Children of Indian Workers in the
Gulf Countries subject to approval from AICTE for the above quota and
fulfillment of requisite infrastructure as per the Approval Process Handbook. 4.8 Mandatory provision of
supernumerary seats under Tuition Fee Waiver Scheme in all the Courses and
Programmes shall be applicable to all Technical Institutions as per Approval
Process Handbook. 4.9 Processing fee shall not be
refunded in case of Closure of Institution/Course, once the application is
processed and issued rejection due to non-submission of NOCs from State
Government/UT/Affiliated University/Board/Trust in the format prescribed by the
AICTE. 4.10 MHRD directives such as
Scheme of "Sub-Mission on Polytechnics", to establish Engineering
College/Technical Institution in "Educationally Backward Districts/Left
Wing Extremism (LWE) affected" Districts; digital payment for all
financial transactions; National Academic Depository (NAD) and any other
scheme(s) shall be complied with as given in Approval Process Handbook. 4.11 The Council shall publish,
from time to time, Approval Process Handbook detailing the documents to be
attached to the application, the fee to be remitted, the norms and standards,
requirements and the procedure by which the applications are processed for
grant of approval of existing Institutions/Promoters. 4.12 The applications received
under Clauses 4.1 and 4.2 of these Regulations shall be processed as per the
procedures, norms and standards prescribed in the Approval Process Handbook as
notified by the Council from time to time in addition to the existing Central,
State and Local laws. 4.13 The applications for
approval for the purposes listed under Clause 4.1 and 4.2 (j) of these
Regulations shall be made by: (a) The
Chairman/Secretary/President in case of the Society/Trust; (b) Managing
Director or any authorized Officer in case of Company established under Section
8 of Companies Act, 2013; 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 established under Section 8 of Companies Act, 2013 or
under Public Private Partnership made by them, as the case may be. 4.14 The applications for
approval for the purposes listed under Clause 4.2 except (j) 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 Institution or Chairman/Secretary/President in case of the
Trust/Society/Company. 4.15 The applicant shall apply on
the AICTE Web-Portal for setting up a new Institution, after remitting a
requisite fee within the specified deadline notified as by the AICTE from time
to time. An unique USER ID will be allotted to each new applicant. The applicant shall be required
to submit online application for the cases listed in Clauses 4.1 and 4.2 of
these Regulations using their unique USER ID allotted to them by remitting the
prescribed fee through AICTE's payment gateway on the Web-Portal, through
Corporate Internet Banking, failing which the application shall not be
considered. Applications shall be accepted
subject to the realization of the Payment. Only those applications submitted
till the last date including payment shall be considered for processing. 4.16 An Affidavit, in the format
as given in the Approval Process Handbook, on a Non-Judicial Stamp Paper of
(???)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 time that any part of the information
has 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/not considering for grant of approval and/or any other
legal action as it may deem fit shall be submitted by the applicants. 4.17 All applicants shall apply
online through a single application under the applicable category(ies) under
Clauses 4.1 and 4.2, as per the conditions mentioned in Approval Process
Handbook. The portal permits the generation
of deficiency report. The applicants shall make
necessary corrections online, till the final submission of the application on
the portal. After pressing the
"submit" tab, the data shall not be allowed for any further
correction, till the processing of application is completed. Applicants have to submit a print
out of the online application uploaded on the Web-Portal along with the proof
of payment, an affidavit, deficiency report generated and documents as
applicable to the concerned Regional Office. 4.18 The State Government/UT
Administration and the Affiliating University/Board shall forward their views
on the applications received under Clause 4.1 as applicable, with valid reasons
along with the perspective plan of the State, within a period of 21 days from
the date of receipt of applications which shall be taken into account by the
Regional Committee for further processing for grant of approval. If the
application is not processed further, the processing fee after a deduction of ?
50000/- (Rupees Fifty thousand only) shall be refunded to the applicant. If the views of the State
Government/UT Administration and the Affiliating University/Board are not
received within a prescribed time schedule as mentioned in the Approval Process
Handbook, it shall be presumed that they do not have any objection and the
Council shall proceed further for processing of applications. However, the
Council shall consider the previous communications, if any, received from the
State Government/UT administration, the Affiliating University/Board against
any Institutions. 4.19 a.
There is no scrutiny for applications applied under 4.2 (a) and (f),as the
processing is based on self-disclosure. If there is "Zero
Deficiency", then the system shall allot the intake applied for, as per
the Approval Process Handbook. b. Institutions having an
"Approved Intake" less than a Division size in any of the
Regular/First Shift Courses as prescribed by the Council may apply for intake
of full Division size themselves and shall maintain faculty student ratio
accordingly, without NBA accreditation/NOC from Affiliating
University/Board/State Government/UT; subject to "Zero Deficiency" in
the portal. However, this is not applicable in case of Institutions under penal
action. c. Institutions may apply for
reduction in intake in any of the Regular/First Shift Courses within a Division
by themselves in the portal and shall maintain faculty student ratio
accordingly, without NOC from Affiliating University/Board/State Government/UT;
the restoration to the original "Approved Intake" of full Division is
permissible without NBA. d. The consolidated list of all
Institutions with the "Approved Intake" shall be placed before the
Executive Committee for approval or otherwise and the same shall be notified on
the Web-Portal. Further, the Institution shall print the Extension of Approval
letter along with "Approved Intake" through the Institution login. e. No appeal shall be allowed on
this procedure since an applicant is allowed for corrections multiple times,
along with generation of online Deficiency Report before final submission of
the application. 4.20 All applications applied
under Clause 4.1 of these Regulations shall be evaluated by a Scrutiny
Committee/Re-Scrutiny Committee/Expert Visit Committee (as applicable)
constituted by the Regional Officer. Regional Officer or an Officer of
the Council concerned shall assist the respective Committees and place relevant
records and documents before them and make necessary arrangements for conduct
of the meetings; however, he/she shall not be part of the Committee. 4.21 The hard copy of the
application along with the documents shall be submitted on the date of Scrutiny
at the Regional Office, failing which the Scrutiny shall not be conducted. The Scrutiny Committee shall
invite the Institutions applied under Clause 4.1 of these Regulations, for
presentation of their proposals. Applicants shall produce ALL the original
documents along with self-attested copies at the time of Scrutiny. Applicants
are advised to adhere to Scrutiny schedule and not to remain absent. For Institutions applied under
Clause 4.2 (b), (c), (d), (g), (h), (i), (j) and (k) of these Regulations, the
Scrutiny Committee shall process the proposals based on the
information/documents provided by the applicant. For Institutions applied under
Clause 4.2 (e), (l) and (m) of these Regulations, an Expert Visit Committee
shall be conducted to the Institutions. 4.22 Expert Visit Committee shall
visit the Institutions in respect of applications which are recommended by the
Scrutiny Committee. 4.23 The uploading of the
Scrutiny/Re-Scrutiny Committee Report/Expert Visit Committee Report shall be
done by the concerned Regional Office of the Council. 4.24 Regional Officer concerned
while forwarding the recommendations of the Regional Committee to Approval
Bureau of AICTE, 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, Re-Scrutiny Committee
(if applicable), Expert Visit Committee and the Regional Committee. The Approval Bureau of AICTE
shall also verify that the processes and parameters prescribed under these
Regulations and Approval Process Handbook are followed by the Scrutiny
Committee, Re-Scrutiny Committee, Expert Visit Committee and the Regional
Committee. 4.25 The recommendations of the
Regional Committee shall be placed before the Executive Committee of AICTE to
take decisions on grant of approval or otherwise to the Technical Institutions. 4.26 The Council shall grant the
desired approvals only after confirming that the applicant meets all the norms
and standards prescribed in Approval Process Handbook. From the self-disclosure
information of the Institutions, the Council reserves the right to inspect and
if it is found that information is false, then initiate penal action as per
Approval Process Handbook. 4.27 Applicants, whose
applications under Clause 4.1 (a), (b), (d) and (e) are recommended for further
processing by the Executive Committee shall be informed for submission of
Security Deposit (if applicable) along with an Affidavit. The amount as specified in
Approval Process Handbook shall be deposited by the Institution and remain with
the Council for 10 years. 4.28 The online Security Deposit
amount deposited by the Technical Institution with AICTE shall be permitted to
be withdrawn after a term of ten years or in case of closure of
Course/Institution subject to the submission of relevant documents. The interest
accrued on the Security Deposit shall be credited to the Council and shall be
utilized by AICTE for Quality Improvement Programme for Faculty and giving
scholarships to students. However, the term of the Security Deposit 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. 4.29 a.
The decision of the EC/Council shall be uploaded in the Web-Portal in the form
of a Letter of Approval (LoA) or Letter of Rejection (LoR) with the reasons for
rejection for the applications submitted under Clause 4.1 of these Regulations
and Extension of Approval (EoA) or otherwise for the applications submitted
under Clause 4.2 of these Regulations. Validity of the Letter of
Approval, if issued, shall be for two Academic Years from the date of issue of
Letter of Approval, only for obtaining affiliation with the respective
University/Board and fulfilling State Government/UT requirements for admission
in the current session. Even if the Institution fails to admit the students in
the current Academic Year due to non-affiliation by the University/Board or
non-fulfillment of State Government/UT requirements, the Institution shall
apply online on AICTE Web-Portal for Extension of Approval for the next
Academic Session. b. An EVC may be conducted any
time before the first batch of students have passed out, to verify the
fulfillment of the norms as per Approval Process Handbook. c. For Change in name of
Institution/University, Conversion from Women's into Co-Ed and Vice-versa,
Change in site, Closure of Institution/Course(s), the applicant shall submit
the relevant NOCs at least before 31st December of the respective Calendar
Year. Applications of existing
Institutions who have applied for Closure of Institution, and if such
application is not approved by the Council due to certain deficiencies; the
Institution shall be given EoA with ZERO Intake for that year. Such
Institutions shall submit all relevant documents after all the students have
passed out or redistributed to nearby AICTE approved Institutions and seek
official closure of the Institution. d. Student's eligibility for
admission to all the Programmes shall be as per the Approval Process Handbook
and as per the reservation policy of the Central Government/respective State
Government/UT as the case may be. 4.30 New Institutions granted
Letter of Approval and Existing Institutions granted approval for introduction
of new Course(s), Division(s), Programme(s), variation in intake capacity shall
comply with appointment of teaching staff and Principal/Director as the case
may be, as per the policy of the Council. 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/Board
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. 4.31 The applicants shall not
name the Technical Institution in such a way that the abbreviated form of the
name of the Technical Institution becomes IIM or IIT or IISc 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. 4.32 In no eventuality, a
Technical Institution without prior approval of the AICTE and Affiliating
University/Board concerned, shall be allowed to participate in the counselling
and admission process and to admit students. Affiliating University/Board shall
not enroll students admitted in such Technical Institutions, which do not have
requisite prior approval of the Council. 4.33 Central/State Government/UT
Administration concerned shall not permit any Technical Institution without
requisite prior approval of the Council to admit students. 4.34 DTE/State
Government/UT/Affiliating University/Board shall download the intakes for
various Courses for the Institutions under their jurisdiction, from Web-Portal
through their login. 4.35 The applicants are expected
to provide 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 applicants have failed to
disclose factual information and/or suppressed/misrepresented the information,
the Council shall initiate action including Withdrawal of Approval/or any other
action as deemed necessary against the applicants. 4.36 AICTE shall 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 of standards, malpractices, etc. are received. Institutions at random would be
subjected to surprise inspection for the fulfillment of the norms of Approval
Process Handbook and appropriate action including Withdrawal of Approval and
any other action deemed necessary, shall be initiated against the applicants,
as the case may be. 4.37 In the event of denial of
Extension of Approval for the existing Courses or grant of Extension of Approval
as per the Clauses 4.35 and 4.36 of these Regulations, such Institutions shall
not be considered for Extension of Approval till such proceedings are settled
and the Promoters/Institutions are cleared of the charges of violations. 4.38 The concerned State
Government/UT shall redistribute the students of the Institutions, whose
Programmes/Courses have been discontinued by the Council or approval is
withdrawn/suspended, to other nearby AICTE approved Technical Institutions
affiliated to the University/Board and the Council shall allow supernumerary
seats in such Institutions to accommodate the redistributed students
appropriately till they complete the Programmes/Courses. 4.39 In case of existing
Institutions, if an EVC was conducted or Show Cause notice was issued, the same
shall be placed before the Standing Hearing Committee (SHC) as applicable and
processed as per the procedure given in Approval Process Handbook. If the
Institution is aggrieved by the decision of the Executive Committee, the Institution
shall have the right to appeal once to the Council, as per the procedure given
in Approval Process Handbook. 4.40 Merging of certain regular
Courses as per the guidelines given in the Approval Process Handbook are
permitted so that the intake shall be equal to the sum total of the individual
Courses and Divisions subject to a maximum intake as per Approval Process
Handbook, provided the faculty student ratio be maintained. Merging is
considered for all Divisions of a Course while partial merging of few Divisions
is not permissible. 4.41 Any Institution offering
technical Programmes/Courses without approval of the Council, shall be termed
as unapproved if, (a) Started
without approval by the Council; and (b) Declared
as "Unapproved" by the Council. 4.42 The Council shall not grant
any conditional approval to any Institution. 4.43 Under extraordinary
circumstances, if restoration/Punitive action (except fine) is approved by the
Council beyond 30th April of every Calendar year, the same shall be implemented
for the next Academic Year only. 4.44 Admissions under lateral
entry in Degree/Post Graduate Degree/Diploma Programme. (a) Diploma
holders and B.Sc. Degree holders shall be eligible for admission to Second year
Engineering degree up to a maximum of 20% of sanctioned intake (30% for
Institutions in Andaman, Nicobar, Lakshadweep, Daman and Diu) which shall be
over and above, supernumerary to the sanctioned intake, plus the unfilled
vacancies of 1st year as per the Approval Process Handbook. (b)
Provided that, students who have completed Diploma Course in
Pharmacy shall be eligible for admission to second year Pharmacy degree up to a
maximum of 10% of sanctioned intake (20% for Institutions in Andaman, Nicobar,
Lakshadweep, Daman and Diu) which shall be over and above, supernumerary to the
sanctioned intake, plus the unfilled vacancies of 1st year as per the Approval
Process Handbook. (c)
Provided that Students who have completed Bachelor's Degree of
minimum 3 years duration in BCA, B.Sc. (IT/Computer Science) with Mathematics
as a Course at 10+2 level or at Graduate level shall be eligible for admission
to second year MCA Course up to a maximum of 20% of sanctioned intake (30% for
Institutions in Andaman, Nicobar, Lakshadweep, Daman and Diu) which shall be
over and above, supernumerary to the sanctioned intake, plus the unfilled
vacancies of 1st year as per the Approval Process Handbook. (d) Students
passing 12th Science (with Mathematics as one of the Subject) or 12th Science
with Vocational (Or) 12th Science with Technical or 10th + (2 years ITI) with
appropriate specialization in that order shall be eligible for admission to
second year Diploma Courses of appropriate Programme, up to a maximum of 20% of
sanctioned intake (30% for Institutions in Andaman, Nicobar, Lakshadweep, Daman
and Diu) which shall be over and above, supernumerary to the sanctioned intake,
plus the unfilled vacancies of 1st year as per the Approval Process Handbook. 5.1 An Institution/applicant, if
aggrieved by the decision of Executive Committee shall have the right to appeal
once to the Council, about the compliance of the deficiencies, within 10 days
from the date of uploading of LoR. Such Institution is permitted to appear
before a Standing Appellate Committee constituted by the Chairman. The final
decision of the Council shall be uploaded on or before 30th April of Calendar
Year. 5.2 An Officer of the Council
shall place the records before the Standing Appellate Committee. A representative
of the Institution shall be invited to place the point of view of the
Institution before the Standing Appellate Committee. 5.3 The recommendations of
Standing Appellate Committee shall be placed before the Council of the AICTE,
whose decision shall be final. In case, there is no proposed meeting of the
Council, the recommendations of Standing Appellate Committee shall be approved
by the Chairman and thereafter the same shall be placed before the Council for
ratification. 5.4 The decision of the Council
shall be communicated to the applicant in the form of a final Letter of
Approval/Letter of Rejection through Web-Portal on or before 30th April of
Calendar Year, with the reasons for rejection of the application. 6.1 The Promoter
Society/Trust/Company of a new Technical Education Institution shall have the
required land as mentioned in Approval Process Handbook in its lawful
possession with clear title in the name of Promoter Society/Trust/Company on or
before the date of submission of application. Further to that it shall be open
for the Promoter Society/Trust/Company to the proposed Institution to mortgage
the land after the receipt of letter of approval, only for raising the
resources for the purpose of development of the Technical Education Institution
situated on that land. Further to that it shall be open
for the Promoter Society/Trust/Company of the existing Institution to run other
Educational Courses/Institutions (Technical/Non-Technical) in the surplus land
arising out of prevailing/reduced norms of land requirement. However, such
surplus land can be used as per the land use certificate given to the
Society/Trust/Company by the concerned authority subject to such Courses/Institutions
having their own facilities to conduct such Programmes without sharing the
essential facilities such as class room, laboratory etc. with the already
approved Technical Institution. However, Common amenities such as Canteen,
Auditorium, Playground, Parking, etc. may be shared provided it caters to all
the students of all the Programmes. 6.2 The Promoter
Society/Trust/Company of a new Technical Education Institution shall have to
construct the built-up area as per the requirements applicable for setting up
of Institution as mentioned in the Approval Process Handbook amended from time
to time. All Technical Institutions shall
upload the information in respect of their Director/Principal, faculty members
and students admitted in each Course in the format available on the Web-Portal
of the Council and update the information from time to time. Scanned copies of
PAN Card, Adhaar Card (If available) and Form 16 of all the faculty members
shall also be uploaded on the Web-Portal. If any Technical Institution
contravenes any of the provisions of relevant Regulations, the Council after
making appropriate inquiry through Standing Hearing Committee (SHC) and after
providing an opportunity of being heard through the Standing Appellate
Committee (SAC) shall withdraw the approval granted. In case of Withdrawal of
Approval to the Institution, the Technical Institution/Society/Trust/Company
shall apply afresh for approval after completion of two Academic Years for
setting up a new Institution as per the procedure defined in Approval Process
Handbook. An Institution running any
technical Programme in violation of these Regulations, shall be liable for
initiation of legal 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. Further that, if any Technical
Institution contravenes any of the provisions of these Regulations, the Council
after making such inquiry as it shall consider appropriate and after giving
Technical Institution concerned an opportunity to clarify the matter, shall
take any or all actions as specified in the Approval Process Handbook and as
the case may be. 10.1 Non-submission/submission of
incomplete application for Extension of Approval The Technical Institutions shall
upload the application in the prescribed format along with all relevant
enclosures each year for Extension of Approval by the Council. The last date
for receipt of such application shall be as mentioned in the schedule. Non-submission/submission of
incomplete/submission of false information, while applying for Extension of
Approval shall invite appropriate penal action against the Institution. The
Institution shall be liable to any one or more of the following punitive
actions by the Council: (a)
Suspension of approval for NRI and supernumerary seats for one
Academic Year (b)
Reduction in sanctioned intake (c)
No admission in one/more Courses for one Academic Year (d)
Withdrawal of approval for Programme/Course (e)
Withdrawal of approval of the Institution 10.2 Non-fulfillment of
requirement of qualified Principal/Director Institutions not having qualified
Principal/Director for a period, more than 12 months, shall be liable to any
one or more of the following punitive actions by the Council: (a)
Reduction in sanctioned intake (b)
No admission for one Academic Year 10.3 Non-fulfillment of faculty
student ratio, not adhering to pay scales and/or qualifications prescribed for
teaching staff Institutions not adhering to pay
scales and/or qualifications prescribed for faculty for more than 12 months and
not maintaining prescribed faculty student ratio shall be liable to any one or
more of the following punitive actions by the Council. (a)
Suspension of approval for NRI and supernumerary seats, if any,
for one Academic Year. (b)
Reduction in sanctioned intake (c)
No admission in respective Course(s) for one Academic Year (d)
Withdrawal of approval in the respective Course(s) (e)
Withdrawal of approval of the Institution The Council may also initiate
penal action for not disbursing the salary of the faculty and staff members
regularly. 10.4 Non-fulfillment in Computer,
Software, Internet, Printers, Laboratory Equipment, Books, Journals and Library
facilities requirement Institutions not maintaining
prescribed requirements of Computer, Software, Internet, Printers, Laboratory
Equipment, Books, Journals and Library facilities shall be liable to any one or
more of the following punitive actions by the Council: (a)
Suspension of approval for NRI and supernumerary seats, if any,
for one Academic Year. (b)
Reduction in sanctioned intake (c)
No admission in one/more Courses for one Academic Year (d)
Withdrawal of Approval for Programme/Course (e)
Withdrawal of approval of the Institution 10.5 Non-fulfillment in
additional essential requirements for Technical Institution Institutions not maintaining
prescribed requirements shall be liable to any one or more of the following
punitive actions by the Council: (a)
Suspension of approval for NRI and supernumerary seats, if any,
for one Academic Year (b)
Reduction in sanctioned intake (c)
No admission in one/more Courses for one Academic Year 10.6 Non-fulfillment of land
requirement and built-up area at the time of year of establishment or current
year Institutions working in temporary
location or at location not approved by the Council and Institutions not
fulfilling prescribed built-up area requirements shall be liable to any one or
more of the following punitive actions by the Council. (a) Suspension
of approval for NRI and supernumerary seats, if any, for one Academic Year (b) Reduction
in sanctioned intake (c) No
admission in one/more Courses for one Academic Year (d) Withdrawal
of approval for Programme/Course (e) Withdrawal
of approval of the Institution 10.7 Non-adhering to the
timing/faculty requirement for the Second Shift The Second Shift shall have to be
run as per the declared timings from 1 pm to 9 pm with 50% additional faculty,
which would be subject to surprise inspection leading to closure of Course in
case timings are not being followed and with insufficient faculty. 10.8 Excess Admissions Excess admission 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
shall be initiated against the Institution. The Institution shall be liable to
any one more of the following punitive actions by the Council: (a)
Penalty for excess admission fee amounting five times the total
fee collected per student shall be levied against each excess admission. (b)
Suspension of approval for NRI and supernumerary seats for one
Academic Year (c)
Reduction in sanctioned intake (d)
No Admission in one/more Courses for one Academic Year (e)
Withdrawal of Approval for Programme/Course (f)
Withdrawal of Approval of the Institution 10.9 Charging excess fee than the
fee prescribed by the concerned State/Fee Regulatory Committee No Technical Institution shall be
entitled to receive from the students any other fee (Payment/Amount) whatever
name it may be called in addition to the fee fixed by the State/Fee Regulatory
Committee. If any Institution does not follow the said guidelines, the
Institution shall be liable to any one or more of the following punitive
actions by the Council: (a)
Penalty for charging excess fee than the fee prescribed by the
concerned State/Fee Regulatory Committee levied against each case shall be
twice the total fee collected per student and excess fee collected shall be
refunded to the student (b)
Suspension of approval for NRI and supernumerary seats for one
Academic Year (c)
Reduction in sanctioned intake (d)
No admission in one/more Courses for one Academic Year (e)
Withdrawal of approval for Programme/Course (f)
Withdrawal of approval of the Institution 10.10 Refund cases (a) In the
event of a student withdrawing before the starting of the Course, the entire
fee collected from the student, after a deduction of the processing fee of not
more than (`)1000/- (Rupees One thousand only) shall be refunded to the
student by the Institution. It would not be permissible for Institutions to
retain the School/Institution Leaving Certificates in original. Should a
student leave after joining the Course and if the vacated seat is consequently
filled by another student by the last date of admission, the Institution must
return the fee collected with proportionate deductions of monthly fee and
proportionate hostel rent, where applicable. In case the vacated seat is not
filled, the Institution should refund the security deposit and return the
original documents. Institution should not demand fee for the subsequent years
from the students cancelling their admission at any point of time. Fee refund
along with the return of certificates should be completed within 7 days. (b) Institutions
not following guidelines issued by the Council regarding refund of fee on
cancellation of admissions or delaying refunds shall be liable to any one or
more of the following punitive actions by the Council: (a)
Fine for non-compliance of refund of fee levied against each case
shall be twice the total fee collected per student (b)
Suspension of approval for NRI and supernumerary seats, if any,
for one Academic Year (c)
Reduction in sanctioned intake (d)
No admission in one/more Courses for one Academic Year (e) Withdrawal
of approval for Programme/Course 10.11 Amount in respect of
penalty shall be remitted through AICTE's payment gateway on the Web-Portal,
through Corporate Internet Banking. 10.12 If any of the information
mentioned in the Affidavit is proved as false, legal action including penal
action shall be initiated on the deponent. 10.13 Procedure for restoration
against punitive action except in case of Withdrawal of Approval Applicant shall have to make an
application for restoration of intake as per the Approval Process Handbook. The
restoration is subject to Expert Visit Committee verifying all the requirements
as per the Approval Process Handbook. Expert Visit Committee report
shall be placed before Standing Hearing Committee constituted by the Chairman
AICTE. Recommendations of the Standing
Hearing Committee (SHC) shall be placed before the Executive Committee for
necessary approval. In case of status quo, a Speaking Order shall be issued to
the Institution. The Institution shall have the
right to appeal as per the procedure in Chapter I, if it is aggrieved by the
decision of the Executive Committee for maintaining status quo on punitive
action. Appeal shall be processed following the procedure given in Approval
Process Handbook. The case shall be placed before
Standing Appellate Committee by giving an opportunity to the Institution for
presenting its case. The recommendations of the SAC shall be considered by the
Council. A final restoration in intake or otherwise shall be conveyed to the
Institution through Speaking Order. 10.14 Release of FDR Renewal of FDR after maturity is
not permitted. However, in case of auto renewal, the remarks of the concerned
Bank should be obtained for seeking the release of FDR. If an Institution has any
financial embezzlement with Government Bodies/Banks, then FDRs shall not be
released to the Institution till the NOC from such body is received. AICTE
shall initiate an appropriate action only after the issue is settled by the
parties concerned and as per the norms of the Council. In case
Institution/Trust/Society/Company violates the FDR related norms, the Council
shall initiate appropriate penal action In case of receipt of any
complaint(s) about an Institution, the same shall be processed by Grievance
Redressal Cell (GRC) of AICTE. The complaint shall be placed
before a Standing Complaint Scrutiny Committee (SCSC) for further necessary
action. If necessary the complainant may be called to appear before SCSC at
his/her own cost. Based on the recommendation of SCSC, a warning or Show Cause Notice
may be issued to the Institution or EVC may be conducted. If an EVC was conducted or Show
Cause notice was issued based on complaints, the same shall be placed before
the Standing Hearing Committee (SHC). A representative of the Institution shall
be called to place their point of view before the Standing Hearing Committee.
If necessary the complainant may be called to appear before SHC at his/her own
cost. The recommendations of SHC shall be placed before the EC for approval. The
decision of the EC shall be communicated to the Institution by a detailed
Speaking Order. If the Institution is aggrieved by the decision of the EC, the
Institution shall have the right to appeal as per the procedure in Chapter I of
Approval Process Handbook. As per CVC guidelines
Anonymous/Pseudonymous complaints shall not be processed. Punitive action to be taken
against any of the Institutions after 30th April shall be applicable to the
next Academic Year. Council has delegated the power
to the Chairman of AICTE for taking decision on urgent matters that needs to be
communicated to the Institutions in between period of two EC/Council meetings.
However, such cases shall be placed before the next EC/Council for
ratification. In extraordinary circumstances,
if additional Scrutiny/EVC is to be conducted, the applicant has to pay the fee
as prescribed in Approval Process Handbook. LoA/EoA shall not be granted
after 30th April of every Calendar Year in view of the order dated 13.12.2012
passed by the Hon'ble Supreme Court of India in CA no. 9048/2012 titled as
Parsvanath Charitable Trust and others Vs AICTE and Ors. In case, the deficiencies are
complied with subsequently during the Academic Year, the approval shall be
granted under extraordinary circumstances, for the next Academic Year. As a part of discharging social
responsibilities, all Technical Institutions approved by the Council are
expected to conduct National Skill Qualification Framework (NSQF) complied
skill development Courses to give training to a minimum of 100 students per
year. These Programmes shall be based on the needs of the local community where
the Institution is located. The Institution may conduct skill
development Courses of any other Regulatory Body by using existing facilities,
or by creating additional facilities as per the provisions laid down in the
norms and standards of the respective Regulatory Bodies without affecting the
quality of education prescribed by both Regulatory Bodies after taking prior
approval of the Council. 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 shall in exceptional
cases, for removal of any hardship or in the national interest or such other
reasons to be recorded in writing, relax any of the provisions of these
Regulations in respect of any class or category of Institutions.ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
(GRANT OF APPROVALS FOR THE TECHNICAL INSTITUTIONS) REGULATIONS, 2016
PREAMBLE