Section 4 in Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006
4. Prior permission for establishment of non-government educational institutions and registration.
(1)Any individual, association of individuals, Non-Government Organization, society or trust intending to establish and run a non government educational institution and on given an undertaking to fulfil the requirements as laid down under section 10, [shall] [Substituted 'may' by Assam Act No. 20 of 2018.] submit an application before the Director in such form 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(l) and after making such enquiry as he may deem necessary, may, either grant or refuse to grant prior permission 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 Director shall communicate the same to the applicant stating the reasons therefor.(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 an appeal before the State Government whose 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.
