Section 9 in All India Council for Technical Education (Grant of Approvals for the Technical Institutions) Regulations, 2018
9. Action in case of violation of Regulations.
- 9.1 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 Trust/ Society/ Company and individuals associated, as the case may be.9.2If 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/ Trust/ Society/ Company shall apply afresh for approval after completion of two Academic Years for setting up a new Institution as per the procedure defined in the Approval Process Handbook.9.3In case of any litigation pertaining to the penal action initiated by the Council for an Institution, for the contravention of any of the relevant Regulations, such Institution shall have to apply as specified in the Approval Process Handbook, as applicable in the next Academic Year in AICTE Web-Portal, in the absence of any specific court order to the contrary.9.4Non-Submission/ Submission of incomplete application for Extension of ApprovalNon-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:• Suspension of approval for NRI and supernumerary seats for one Academic Year• Reduction in "Approved Intake"• No admission in one/ more Course(s) for one Academic Year• Withdrawal of approval for Programme(s)/ Course(s)• Withdrawal of approval of the Institution9.5Non-Fulfillment of the requirement of qualified Principal/ DirectorAn Institution 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 till the regular Principal/ Director is appointed:• Reduction in "Approved Intake"• No admission for one Academic Year9.6Non-Fulfillment of Faculty: Student ratio, not adhering to the pay scales and/or qualifications prescribed for FacultyInstitutions not adhering to the pay scales, or qualifications prescribed for Faculty members 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:• Suspension of approval for NRI and supernumerary seats for one Academic Year• Reduction in "Approved Intake"• No admission in respective Course(s) for one Academic Year• Withdrawal of approval in the respective Course(s)• Withdrawal of approval of the InstitutionThe Council may initiate penal action for not regularizing and ensuring the timely and full payment of the salary of the Staffs through Electronic Clearing Service (ECS) by nationalized banks.9.7Non-Fulfillment in Computer, Software, Internet, Printers, Laboratory Equipment, Books, Journals and Library facilities requirements, etc.Institutions not maintaining prescribed requirements of Computer, Software, Internet, Printers, Laboratory Equipment, Books, Journals and Library facilities, etc. shall be liable to any one or more of the following punitive actions by the Council:• Suspension of approval for NRI and supernumerary seats for one Academic Year• Reduction in "Approved Intake"• No admission in one/ more Course(s) for one Academic Year• Withdrawal of approval for Programme(s)/ Course(s)• Withdrawal of approval of the Institution9.8Non-Fulfillment of Essential requirements for Technical InstitutionInstitutions not maintaining essential requirements as per the Approval Process Handbook shall be liable to any one or more of the following punitive actions by the Council:• Suspension of approval for NRI and supernumerary seats for one Academic Year• Reduction in "Approved Intake"• No admission in one/ more Course(s) for one Academic Year9.9Non-Fulfillment of Location/ Built-up Area/ Land at the time of year of establishment or current Academic YearInstitutions 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:• Suspension of approval for NRI and supernumerary seats for one Academic Year• Reduction in "Approved Intake"• No admission in one/ more Course(s) for one Academic Year• Withdrawal of approval for Programme(s)/ Course(s)• Withdrawal of approval of the Institution9.10Non-Adhering to the timing/ Faculty requirement for the Second ShiftThe Second Shift shall have to be run as per the declared timings from 12 Noon to 7 pm with 50% additional Faculty, which would be subject to surprise inspection leading to Closure of Course in case timings are not being followed/ with insufficient Faculty.9.11Excess admissionExcess admission over the "Approved 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:• Five times the total fees collected per student shall be levied against each excess admission• Suspension of approval for NRI and supernumerary seats, if any for one Academic Year• Reduction in "Approved Intake"• No admission in one/ more Course(s) for one Academic Year• Withdrawal of approval for Programme(s)/ Course(s)• Withdrawal of approval of the Institution9.12Charging excess fee than the fee prescribed by the concerned State/ Fee Regulatory CommitteeThe Institutions shall have to announce all fees such as tuition fee, examination fee etc. on their Web Site transparently and adhere to the same strictly. No Technical Institution shall collect any other fee (Payment/ Amount) from the students, 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:• Twice the total fee collected per student and the excess fee collected shall be refunded to the student• Suspension of approval for NRI and supernumerary seats, if any for one Academic Year• Reduction in "Approved Intake"• No admission in one/ more Course(s) for one Academic Year• Withdrawal of approval for Programme(s)/ Course(s)• Withdrawal of approval of the Institution9.13Institutions not allowing Expert Visit Committee for physical verification of Infrastructural facilities/ Institutions not having Occupancy Certificate/ Completion Certificate/ Building License/ Form D/ Barrier free environment/ PGDM Institutions not having NAD or not uploading student enrollment data to the Council/ Institutions demanding for the Original Degree Certificates from the Faculty members at the time of joining the InstitutionInstitutions not allowing Expert Visit Committee for physical verification of Infrastructural facilities/ Institutions not having Occupancy Certificate/ Completion Certificate/ Building License/ Form D/ Barrier free environment/ PGDM Institutions not having NAD or not uploading student enrollment data in the AICTE Web-Portal/ Institutions demanding for the Original Degree Certificates from the Faculty members at the time of joining the Institution shall be liable for any one or more of the following punitive actions by the Council:• No admission for one Academic Year• Withdrawal of approval of the Institution9.14Violation of norms in case of Collaboration and Twinning Programmesa. If a Foreign University/ Institution fails to comply with any of the conditions as contained in the Approval Process Handbook, the Council after giving reasonable opportunity of being heard through Standing Appellate Committee shall withdraw the approval of the Twinning Programme granted to such University/ Institution to offer their Diploma/ Post Diploma Certificate/ Under Graduate Degree/ Post Graduate Diploma/ Post Graduate Degree in India and forbid such Foreign University/ Institution to either open Centres or enter into any Collaborative arrangement with any University/ Institution in India.b. The Council shall also inform the concerned agencies including Ministry of External Affairs, Ministry of Home Affairs, RBI of such decisions and advise these agencies to take any or all of the following measures:• Refusal/ withdrawal for grant of visa to employees/ teachers of the said Foreign University/ Institution.• Stop repatriation of funds from India to home Country.• Informing the Public about the withdrawal of approval of the Twinning Programme with Foreign University/ Institution and the consequence thereof.c. In case, it comes to the notice of the Council, that a Foreign University is running Diploma/ Post Diploma Certificate/ Under Graduate Degree/ Post Graduate Diploma/ Post Graduate Degree Level Programme in Technical Education in India directly or in Collaboration with an Indian Partner without obtaining approval, the Council shall initiate immediate action under the Indian Penal Code for Criminal breach of Trust, misconduct, fraud, cheating, etc.d. Once the approval of the Twinning Programme is withdrawn, the Council shall make an attempt in co-ordination with concerned State Government/ UT to re-allocate the students enrolled in such Programme to other approved Institutions of the Council. The Institution shall have to return the entire fee collected from such students to the Institutions in which the students are accommodated.e. Such Foreign University/ Institution shall not be allowed to collaborate with any other Centre/ Institution or enter into a Collaborative arrangement in India for at least next 3 years.9.15Refund casesa. In the event of a student withdrawing before the start of the Course, the entire fee collected from the student, after a deduction of the processing fee of not more than L 1000/- (Rupees One Thousand only) shall be refunded by the Institution. It would not be permissible for Institutions to retain the School/ Institution Leaving Certificates in original.b. In case, if a student leaves after joining the Course and if the vacated seat is consequently filled by another student by the last date of admission, the Institution must refund the fee collected after a deduction of the processing fee of not more than L 1000/- (Rupees One Thousand only) and proportionate deductions of monthly fees and hostel rent, where applicable.c. The last date for withdrawal of PGDM admission for the purpose of refund of fees shall be 30th June of every year.d. In case the vacated seat is not filled, the Institution should refund the Security Deposit and return the original documents.e. The 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.f. Institutions not following guidelines issued by the Council regarding refund of fee for cancellation of admission or delaying refunds shall be liable to any one or more of the following punitive actions by the Council:• Fine for Non-compliance of refund rules of the fee levied against each case shall be five times the total fee collected per student• Suspension of approval for NRI and supernumerary seats, if any, for one Academic Year• Reduction in "Approved Intake"• No admission in one/ more Course(s) for one Academic Year• Withdrawal of approval for Programme(s)/ Course(s)9.16In case of Institutions where FDRs are encashed before the date of maturity or not depositing the required Security Deposit at the time of LoA, a penalty of 10% of the value of the FDR shall be imposed. However, Institutions that had not created FDR/created FDR for lesser duration/ lesser amount than prescribed at the time of LoA have to create the same accordingly as specified in Approval Process Handbook.9.17Penalty amount shall be paid online to the Council as per the instructions.9.18If any of the information mentioned in the Affidavit is proved as false, legal action including penal action shall be initiated on the deponent.9.19Procedure for restoration against punitive action except in case of Withdrawal of ApprovalInstitutions shall have to make an application for restoration of intake and the same shall be processed as specified in the Approval Process Handbook.
