Section 10 in Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006
10. Requirements for establishment and administrative recognition of non government educational institutions.
- No non-government educational institution shall be established or run and no prior permission or administrative recognition to such institutions shall be granted unless the institution fulfils the following requirements, namely:-(i)[ The institution shall own and possess a minimum area land with clear title of the institution over it as specified as under :- [Substituted by Assam Act No. 20 of 2018.](a)For Lower Primary (LP) and Middle English (ME) level Schools, the school shall have at least 2 (two) Bifhas of land in one plot in case of rural areas and 1 (one) Bigha of land in one plot an case of Municipal and Town Committee areas including Guwahati Metropolitan Development Authority area and Guwahati Municipal Corporation Area.(b)For High School, Higher Secondary School and Senior Secondary School including composite School, the School shall have at least 5 (five) Bighas of land in one plot in rural areas and 3 (three) Bighas of land in one plot in Municipal Town and Town Committee areas, 2 (two) Bighas of land in one plot in Guwahati Municipal Corporation and Guwahati Metropolitan Development Authority areas:Provided that non-government educational institutions already granted prior permission and administrative recognition with land requirement before coming into force of Amendment Act shall be allowed to run;](ii)Adequate number of class rooms, [separate toilets for Boys and Girls] [Substituted'toilets' by Assam Act No. 20 of 2018.] and other facilities like library premises, reading room, laboratories etc. as may be prescribed, shall be provided by the institution on the land possessed by it under clause (i) above;(iii)Institution shall follow approved courses and curriculum as provided in this Act;(iv)The institution shall not run for profit to any individual, association of individuals, Non-Government Organisation, societies and trusts;(v)Admission to the institution shall be open to all without any discriminations based on religion, caste, creed, race, or any of them;(vi)The Managing Committee shall observe the provisions of the Act and the rules made thereunder;(vii)The building or other structure in which the institution is carried on, its surroundings, furniture and equipment shall be adequate and suitable for an educational institution and, where there is any business premises in any part of the building in which such institution is run, the portion in which the institution is run adequately separated from such business premises;(vii)The arrangements in the building or other structure and in the furnishings thereof shall meet adequately the requirements of health and hygiene;(viii)The institution buildings or other structures or the grounds shall not be used during the day or night for commercial or residential purposes (except for the purpose of residence of any employee or students of the institution) or for communal, political or non-educational activity of any kind whatsoever;(x)The accommodation shall be sufficient for the classes conducted in the institution;(xi)There shall not be thoroughfare or public passage through any part of the institution premises [and the institution shall make proper parking arrangement for the use of the institution] [Inserted by Assam Act No. 20 of 2018.];(xii)Sanitary arrangements at institution shall be adequate and are kept in good order and a certificate from the Health Officer of the local authority having jurisdiction over the area in which the institution is located as to the health and sanitary conditions of the institution and its surroundings has been furnished, and will also be furnished as and when required by the Director;(xiii)Arrangements shall be made for the supply of good drinking water to the students and suitable facilities shall be provided to enable them to take refreshments, lunch or the like;(xiv)The institutions shall be so conducted as to promote discipline and orderly behaviour and to maintain a high moral tone and ensure sufficient enrolment and maintain student teacher ratio as may be prescribed;(xv)No teacher or student of the institution shall be compelled to attend a class in which religious instruction is given or take part in any religious activity. No teacher or student absenting himself from religious instruction or religious activity shall be made to suffer any disability on that account and no student shall be refused admission to the institution because of claiming exemption from attendance $t religious exercises or religious instruction by him or his parent 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;(d)[ Executive Engineer of the Public Health Engineering Department or any officer authorized by him to ensure providing of potable drinking water facilities to the students of the institution; [Inserted by Assam Act No. 20 of 2018.](e)The District Transport Officer of the concerned district or any officer authorized by him to examine the condiTions and road worthiness of the vehicles used by the institution for transportation of the students and for any other purposes.](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)Ail records of the institution shall be open to inspection by any officer authorised by the State Government or the Director, as the case may be, at any time and the institution shall furnish such information as may be necessary to enable the State Government or the Director, as the case may be, to discharge their duties and functions in accordance with the provisions of this Act and the rules made thereunder or any other law for the time being in force;(xix)Every non-government educational institution shall make all endeavour to promote regional languages and cultural heritage of the State;(xx)[ (a) All the non-government educational institutions registered under this Act shall provide adequate safety measures including fire safety measures in the institution premises and shall hold mock drills for preparedness for meeting any disaster at regular intebvals. The school must have a Disaster Management plan for it duly published and the school authority should hold periodic review of the plan so prepared and published. A certificate from the Disaster Management Authority shall have to be furnished as regards availability of adequate safety measures including fire safety measures in the School; [Substituted by Assam Act No. 20 of 2018.](b)In case of institutions situated in Municipal Towns,"the institution must obtain and in possession of a certificate from the Municipal Board/Town committee concerned to the effEct that the building and class rooms have been constructed confirming to the building by-laws of such Municipal Board and Town Committee;(c)In rural areas, a certificate from Executive Engineer, PWD (Building Division) under whose jurisdiction the school falls shall have to be obtained and in possession to the effect that the buildings and class rooms have adequate safety measures and construction is safe to house a school;Provided that the Executive Engineer shall include Assistant Executive Engineer in respect of the locality where no Executive Engineer is available.](xxi)Such other requirements as may be prescribed not inconsistent with the provisions of this Act.
