All India Council for Technical Education Act 1987 Complete Act - Citation 133079 - Bare Act

Act Info:

ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987

ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987

52 of 1987

STATEMENT OF OBJECTS AND REASONS The All India Council for Technical Education (AICTE) was set up in 1945 by a Government resolution as a National Expert body to advice the Central and the State Governments for ensuring the co-ordinated development of technical education in accordance with approved standards. During the first three decades the Council functioned quite effectively and there was phenomenal development of technical education in this period. However, in recent years, a large number of private engineering colleges and polytechnics have come up in complete disregard of the guidelines, laid down by the AICTE. Most of these institutions have serious deficiencies in terms of even the rudimentary infrastructure necessary for imparting proper education and training. Barring some exceptions, there is scant regard for maintenance of educational standards. 2. Taking into account the growing erosion of standards, the Council at its meeting held in 1981 came to the conclusion that a stage had been reached when it should be vested with statutory powers to regulate and maintain standards of technical education in the country. In pursuance of these and other recommendations, a National Working Group was set up in November, 1985 to look into the role of the AICTE. The National Working Group recommended that in order to enable the AICTE to play its role effectively, it shall have to be vested with necessary statutory authority. The National Policy on Education, 1986, also stipulated that the AICTE will be vested with statutory authority for planning, formulation and the maintenance of norms and standards, accreditation, funding of priority areas, monitoring and evaluation, maintaining parity of certificates and awards and ensuring the co-ordinated and integrated development of technical and management education. 3. The Bill seeks to provide statutory powers to the All India Council for Technical Education to ensure: (i) proper planning and co-ordinated development of the technical education system throughout the country; (ii) promotion of qualitative improvement of technical education in relation of planned quantitative growth, and (iii) regulation of the system and proper maintenance of norms and standards. Accordingly, the powers and functions assigned to the AICTE, inter alia, provide laying down norms and standards for programmes and institutions, giving approval for setting up of technical institutions, prescribing guidelines for admission of students and the charging of fees, and inspecting and evaluating institutions periodically with a view to maintaining standards and to provide recognition or withhold recognition of programmes and institutions. As part of this overall co-ordination and development responsibilities, the AICTE will also give grants to institutions for identified developmental purposes. In addition, the AICTE will promote innovation, research and development, linkages with industry and greater access to technical education by women, handicapped, and the weaker sections of the society. 4. The Bill seeks to achieve the above objective. - S.O.R. - Gaz. of Ind., 31-8- 1987, Pt. II, S. 2, Ext" p. 71 (No. 45).

An Act to provide for the establishment of an All India Council for Technical Education with a view to the proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvements of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith. BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:-

CHAPTER 01: PRELIMINARY

SECTION 01: SHORT TITLE AND COMMENCEMENT

- (1) This Act may be called The All India Council for Technical Education Act, 1987.

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

SECTION 02: DEFINITIONS

- In this Act, unless the context otherwise requires,-

(a) "Commission" means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956-;

(b) "Council" means the All India Council for Technical Education established under section 3-;

(d) "member" means a member of the Council and includes the Chairman and Vice-Chairman;

(e) "prescribed" means prescribed by rules made under this Act;

(f) "regulations" means regulations made under this Act;

(g) "technical education" means programmes of education, research and training in engineering technology, architecture, town planning, management, pharmacy and applied arts and crafts and such other programme or areas as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare;

(h) "technical institution" means an institution, not being a University, which offers courses or programmes of technical education, and shall include such other institutions as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare as technical institutions;

(i) "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956-and includes an institution deemed to be a University undersection 3-of that Act.

CHAPTER 02: ESTABLISHMENT OF THE COUNCIL

SECTION 03: ESTABLISHMENT OF THE COUNCIL

-(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Council by the name of the All India Council for Technical Education.

(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to contract and shall by the said name sue and be sued.

(3) The head office of the Council shall be at Delhi and the Council may, with the previous approval of the Central Government, establish offices at other places in India.

(4) The Council shall consist of the following members, namely:-

(a) a Chairman to be appointed by the Central Government;

(b) a Vice-Chairman to be appointed by the Central Government;

(c) the Secretary to the Government of India in the Ministry of the Central Government dealing with education, ex office;

(d) the Educational Adviser (General) to the Government of India, ex officio;

(e) the Chairman of the four Regional Committees, ex officio;

(f) the Chairmen of,-

(i) the All India Board of Vocational Education, ex officio-.

(ii) the All India Board of Technician Education, ex officio;

(iii) the All India Board of Under-graduate Studies in Engineering and Techno- logy, ex officio;

(iv) the All India Board of Post-Graduate Education and Research in Engineer- ing and Technology, ex officio;

(v) the All India Board of Management Studies, ex officio;

(g) one member to be appointed by the Central Government to represent the Ministry of Finance of the Central Government;

(h) one member to be appointed by the Central Government to represent the Ministry of Science and Technology of the Central Government;

(i) four members to be appointed by the Central Government by rotation to represent the Ministries and the Department of the Central Government, other than those specified in clauses (g) and (h);

(j) two members of Parliament of whom one shall be elected by the House of the People and one by the Council of States;

(k) eight members to be appointed by the Central Government by rotation in the alphabetical order to represent the States and the Union territories : Provided that an appointment under this clause shall be made on the recommendation of the Government of the State, or as the case may be, the Union territory concerned;

(l) four members to be appointed by the Central Government to represent the organisations in the field of industry and commerce;

(m) seven members to be appointed by the Central Government to represent,-

(i) the Central Advisory Board of Education;

(ii) the Association of Indian Universities;

(iii) the Indian Society for Technical Education;

(iv) the Council of the Indian Institutes of Technology;

(v) the Pharmacy Council of India;

(vi) the Council of Architecture;

(vii) the National Productivity Council;

(n) four members to be appointed by the Central Government to represent the professional bodies in the field of technical and management education;

(o) not more than two members to be appointed by the Central Government to represent such interests not covered by the foregoing clauses as the Central Government may deem fit;

(p) the Chairman, University Grants Commission, ex officio;

(q) the Director, Institute of Applied Manpower Research, New Delhi, ex officio;

(r) the Director-General, Indian Council of Agricultural Research, ex officio;

(s) the Director-General, Council of Scientific and Industrial Research, ex officio;

(t) Member Secretary to be appointed by the Central Government.

(5) Notwithstanding anything contained in sub-section (4),-

(a) the first Chairman shall be the Minister of Human Resource Development of the Central Government;

(b) the first Vice-Chairman of the Council shall be the Minister of State for Education of the Central Government;

SECTION 04: TERM OF OFFICE OF MEMBERS

- (1) The term of office of a member, other than an ex officio member, on the first constitution of the Council shall be five years and thereafter three years.

(2) If a casual vacancy occurs in the office of the Chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairman holding office as such for the time being shall act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold office of the Chairman for the remainder of the term of office of the person in whose place he is to so act.

(3) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by the Central Government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed.

(4) The Vice-Chairman shall perform such functions as may be assigned to him by the Chairman from time to time.

(5) The procedure to be followed by the members in the discharge of their functions shall be such as may be prescribed.

SECTION 05: MEETINGS OF THE COUNCIL

(1) The Council shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations:

Provided that

the Council shall meet at least once every year.

(2) The Chairman and in his absence the Vice-Chairman shall preside at the meetings of the Council.

(3) If for any reason the Chairman or the Vice-Chairman is unable to attend any meeting of the Council any other member chosen by the members present at the meeting shall preside at the meeting.

(4) All questions which come up before any meeting of the Council shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote.

SECTION 07: TEMPORARY ASSOCIATION OF PERSONS WITH THE COUNCIL FOR PARTICULAR PURPOSES

(1) The Council may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.

(2) A person associated with it by the Council under sub-section (1) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Council, and shall not be a member for any other purpose.

SECTION 08: APPOINTMENT OF OFFICERS AND OTHER EMPLOYEES OF THE COUNCIL

(1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Council shall, subject to such regulations as may be made in this behalf, appoint (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary: Provided that the appointment of such category of officers, as may be specified in such regulations, shall be subject to the approval of the Central Government.

(2) Every officer or other employee appointed by the Council shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.

CHAPTER 03: POWERS AND FUNCTIONS OF THE COUNCIL

SECTION 09: AUTHENTICATION OF ORDERS AND OTHER INSTRUMENTS OF THE COUNCIL

All orders and decisions of the Council shall be authenticated by the signature of the Chairman or any other member authorised by the Council in this behalf, and all other instruments issued by the Council shall be authenticated by the signature of the Member-Secretary or any other officer of the Council authorised in like manner in this behalf.

SECTION 10: FUNCTIONS OF THE COUNCIL

It shall be the duty of the Council to take all such steps as it may think fit for ensuring co-ordinated and integrated development of technical education and maintenance of standards and for the purposes of performing its functions under this Act, the Council may-

(a) undertake survey in the various fields of technical education, collect data on all related matters and make forecast of the needed growth and development in technical education;

(b) co-ordinate the development of technical education in the country at all levels;

(i) technical institutions, and

(ii) Universities imparting technical education in co-ordination with the Com- mission;

(d) promote innovations research and development in established and new technologies, generation, adoption and adaptation of new, technologies to meet developmental requirements and for overall improvement of educational processes;

(e) formulate schemes for promoting technical education for women, handicapped and weaker sections of the society;

(f) promote an effective link between technical education system and other relevant systems including research and development organisations, industry and the community;

(g) evolve suitable performance appraisal systems for technical institutions and Universities imparting technical education, incorporating norms and mechanisms for enforcing accountability;

(h) formulate schemes for the initial and in-service training of teachers and identify institutions or centres and set up new centres for offering staff development programmes including continuing education of teachers;

(i) lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations;

(j) fix norms and guidelines for charging tuition and other fees;

(k) grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned;

(1) advice the Central Government in respect of grant of charter to any professional body or institution in the field of technical education conferring powers, rights and privileges on it for the promotion of such profession in its field including conduct of examination and awarding of membership certificates;

(m) lay down norms for granting autonomy to technical institutions;

(n) take all necessary steps to prevent commercialisation of technical education;

(o) provided guidelines for admission of students to technical institutions and Universities imparting technical education;

(p) inspect or cause to inspect any technical institution;

(q) withhold or discontinue grants in respect of courses, programmes to such technical institutions which fail to comply with the directions given by the Council within the stipulated period of time and take such other steps as may be necessary for ensuring compliance of the directions of the Council;

(r) take steps to strengthen the existing organisations and to set up new organisations to ensure effective discharge of the Council's responsibilities and to create positions of professional, technical and supporting staff based on requirements;

(s) declare technical institutions at various levels and types offering courses in technical education fit to receive grants;

(t) advice the Commission for declaring any institution imparting technical education as a deemed University;

(u) set up a National Board of Accreditation to periodically conduct evaluation of technical institutions or programmes on the basis of guidelines, norms and standards specified by it and to make recommendation to it, or to the Council or to the Commission or to other bodies, regarding recognition or derecognition of the institution or the programme;

(v) perform such other functions as may be prescribed.

SECTION 11: INSPECTION

-(1) For the purposes of ascertaining the financial needs of a technical institution or a University or its standards of teaching examination and research, the Council may cause an inspection of any department or departments of such technical institution or University to be made in such manner as may be prescribed and by such person or persons as it may direct.

(2) The Council shall communicate to the technical institution or University the date on which any inspection under sub-section (1) is to be made and the technical institution or University shall be entitled to be associated with the inspection in such manner as may be prescribed.

(3) The Council shall communicate to the technical institution or the University, its views in regard to the results of any such inspection and may, after ascertaining the opinion of that technical institution or University, recommend to that institution or University the action to be taken as a result of such inspection.

(4) All communications to a technical institution or University under this section shall be made to the executive authority thereof and the executive authority of the technical institution or University shall report to the Council the action, if any, which is proposed to be taken for the purposes of implementing any such recommendation as is referred to in sub-section (3).

CHAPTER 04: BODIES OF THE COUNCIL

SECTION 12: EXECUTIVE COMMITTEE OF THE COUNCIL

-(1) The Council shall constitute a Committee, called the Executive Committee for discharging such functions as may be assigned to it by the Council.

(2) The Executive Committee shall consist of the following members, namely.-

(a) the Chairman of the Council;

(b) the Vice-Chairman of the Council;

(d) two Chairmen of the Regional Committees;

(e) three Chairmen of the Boards of Studies;

(f) a member of the Council representing the Ministry of Finance of the Central Government, ex officio;

(g) four out of eight members of the Council representing the States and Union territories under clause

(k) of sub-section (4) of section 3-;

(h) four members with expertise and distinction in areas relevant to Technical Education to be nominated by the Chairman of the Council;

(i) the Chairman of the University Grants Commission, ex officio;

(j) the Director, Institute of Applied Manpower Research, New Delhi, ex officio;

(k) the Director General, Indian Council of Agricultural Research, ex officio;

(l) the Member-Secretary of the Council.

(3) The Chairman and the Member-Secretary of the Council shall respectively, function as the Chairman and the Member-Secretary of the Executive Committee.

(4) The Chairman or in his absence, the Vice-Chairman of the Council shall preside at the meetings of the Executive Committee and in the absence of both the Chairman and the Vice-Chairman, any other member chosen by the members present at the meeting shall preside at the meeting.

(5) The Executive Committee shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as the Council may provide by regulations.

SECTION 13: BOARDS OF STUDIES

(1) The Council shall establish the following Boards of Studies namely:-

(i) All India Board of Vocational Education;

(ii) All India Board of Technical Education;

(iii) All India Board of Under-graduate Studies in Engineering and Technology:

(iv) All India Board of Post-graduate Education and Research in Engineering and Technology;

(v) All India Board of Management Studies.

(2) The Council may, if it considers necessary, establish such other Boards of Studies as it may think fit.

(3) Every Board of Studies shall advise the Executive Committee on academic matters falling in its area of concern including norms, standards, model curricula, model facilities and structure of courses.

(4) The area of concern, powers, the constitution and functions of the Boards of Studies shall be such as the Council may provide by regulations.

SECTION 14: REGIONAL COMMITTEES

-(1) The Council shall establish the following Regional Committees, namely:-

(i) The Northern Regional Committee with its office at Kanpur;

(ii) The Southern Regional Committee with its office at Madras;

(iii) The Western Regional Committee with its office at Bombay;

(iv) The Eastern Regional Committee with its office at Calcutta.

(2) The council may, if it considers necessary, establish such other Regional Committees as it may think fit.

(3) The Regional Committee shall advise and assist the Council to look into all aspects of planning, promoting and regulating technical education within the region.

(4) The region for which the Regional Committees may be established and the constitution and functions of such Committees shall be prescribed by regulation.

CHAPTER 05: FINANCE, ACCOUNTS AND AUDIT

SECTION 15: PAYMENT TO THE COUNCIL

- The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Council in each financial year such sums as may be considered necessary for the performance of functions of the Council under this Act.

SECTION 16: FUND OF THE COUNCIL

-(1) The Council shall have its own Fund; and all sums which may from time to time, be paid to it by the Central Government and all the receipts of the Council (including any sum which any State Government or any other authority or person may hand over to the Council shall be credited to the Fund and all payments by the Council shall be made therefrom.

(2) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Central Government, be decided by the Council.

(3) The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Council.

SECTION 17: BUDGET

- The council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.

SECTION 18: ANNUAL REPORT

- The Council shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.

SECTION 19: ACCOUNTS AND AUDIT

- (1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed.

(2) The Council shall, as soon as may be, after closing its annual accounts prepare a statement of accounts in such form, and forward the same to the Comptroller and Auditor-General of India by such date, as the Central Government may, in consultation with the Comptroller and Auditor-General, determine.

(3) The accounts of the Council shall be audited by the Comptroller and Auditor- General of India at such times and in such manner as he thinks fit.

(4) The accounts of the Council as certified by the Comptroller and Auditor- General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.

CHAPTER 06: MISCELLANEOUS

SECTION 20: DIRECTIONS BY THE CENTRAL GOVERNMENT

- (1) The Council shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time.

(2) The decision of the Central Government as to whether a question is one of policy or not shall be final.

SECTION 21: POWER TO SUPERSEDE THE COUNCIL

- (1) If the Central Government is of the opinion that the Council is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed, to comply with any direction issued by the Central Government under section 20-, the Central Government may, by notification in the Official Gazette, supersede the Council for such period as ' may be specified in the notification : -' Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable time to the Council to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Council.

(2) Upon the publication of a notification under sub-section (1) superseding the Council,-

(a) all the members of the Council shall, notwithstanding that their term of office had not expired, as from the date of supersession, vacate their offices as such members;

(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Council shall, during the period of suppression, be exercised and performed by such person or persons as the Central Government may direct;

(3) On the expiration of the period of suppression specified in the notification issued under subsection (1), the Central Government may-

(a) extend the period of supersession for such further period as it may consider necessary; or

(b) reconstitute the Council in the manner provided in section 3-.

SECTION 22: POWER TO MAKE RULES

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the procedure to be followed by the members in the discharge of their functions;

(b) the inspection of technical institutions and Universities;

(d) the manner in which the accounts of the Council are to be maintained; and

(e) any other matter which has to be, or may be, prescribed.

SECTION 23: POWER TO MAKE REGULATIONS

(1) The Council may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act, and the Rules generally to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) regulating the meetings of the Council and the procedure for conducting business thereat;

(b) the terms and conditions of service of the officers and employees of the Council;

(d) the area of concern, the constitution, and powers and functions of the Board of Studies;

(e) the region for which the Regional Committee be established and the constitution and functions of such Committee.

SECTION 24: RULES AND REGULATIONS TO BE LAID BEFORE PARLIAMENT

- Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each. House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

SECTION 25: POWER TO REMOVE DIFFICULTIES

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

AICTE REGULATIONS FOR ENTRY AND OPERATION OF FOREIGN UNIVERSITIES IN INDIA IMPARTING TECHNICAL EDUCATION, 2003

April 3, 2003

In exercise of the powers conferred under clause (b), clause (f). clause (g) and clauses (n), (o), (p) of Section 10, read with Section 23 of the AICTE Act, 1987 (52 of 1987), the Council hereby makes these regulations with following broad objectives for regulating entry and operation of foreign universities/institutions imparting technical education in India. Objectives: (a) To facilitate collaboration and partnerships between Indian and foreign universities/institutions in the field of technical education, research and training; (b) To systematize the operation of Foreign Universities/Institutions already providing training and other educational service including (hat of coaching of students, in India leading to award of degree and diploma in technical education, either on their own or in collaboration with an Indian educational institution or with a private educational service provider, under any mode of delivery system such as conventional/formal, non-formal and distance mode; (c) To safeguard the interest of student's community in India and ensure uniform maintenance of norms and standards of AICTE; (d) To enforce accountability for all such educational activities by foreign universities/institutions in India; (e) To safeguard against entry of non-accredited universities/institutions in the country of origin to impart technical education in India; (f) To safeguard the nation's interest and take punitive measures, wherever necessary, against the erring institutions, on case-to-case basis.

REGULATION 01: SHORT TITLE AND COMMENCEMENT

These regulations may be called the AICTE Regulations for Entry and Operation of Foreign Universities in India imparting Technical Education, 2003.

REGULATION 02:

These regulations shall come in force on the date of their publication in the Official Gazette. Applicability:

These regulations shall cover and apply to:"

1. Foreign universities/institutions interested in imparting technical education in India leading to award of diplomas and degrees including postgraduate and doctoral programmes.

2. Indian university/institution and/or private educational service provider interested in imparting technical education leading to the award of degrees/diplomas of a foreign university through collaborative arrangements.

3. The existing collaborative agreements/arrangements with Foreign Universities/ Institutions offering technical education in India.

4. Any other educational activity carried out in India, in any manner, by the foreign universities/institutions, as may be decided by the Council to bring such activities under these regulations. On commencement of these regulations no foreign university/institutions shall establish/ operate its educational activity in India leading to award of diplomas/degrees including postgraduate and doctoral without the expressed permission/approval of the Council. Definitions: Unless the context otherwise requires:"

(a) AICTE means the All India Council for Technical Education established under Section 3 of the AICTE Act (52 of 1987) by the Parliament for co-ordinated development of technical education in the country.

(b) NBA means the National Board of Accreditation, authorized body under AICTE Act to accredit programmes of technical education imparted by universities/ institutions in India and recommend recognition/de-recognition of institution or the programme.

(c) All other words and expressions used herein and not defined above but defined in the AICTE Act shall have the meaning as assigned to it in AICTE Act (52 of 1987).

Procedure for Registration: 1. Any application to AICTE by a Foreign University/Institution seeking to operate in India either directly or through collaborative arrangement with an Indian University/Institution or a private educational service provider must be accompanied by a no objection certificate issued by the concerned Embassy in India. The missions of the concerned countries shall be required to certify genuineness of the educational institutions of their respective countries willing to offer study programmes in India.

2. The concerned Foreign University/Institution shall submit a Detailed Project Report (DPR) to AICTE along with application in a prescribed form, giving details regarding infrastructure facilities, facilities available for instruction, faculty, prescribed fee, courses, curricula, requisite funds for operation for a minimum period of three years and other terms and conditions of collaboration, if any, along with relevant details.

3. AICTE shall after receiving the application along with DPR, acknowledge the receipt of the application. The proposal shall then be processed internally and any deficiency shall be communicated and additional documents, if any required, shall be asked for.

4. Once the AICTE is convinced that the proposal is complete in all respects, a standing committee nominated by the Council shall consider the proposal and invite presentation, if warranted.

5. On the recommendations of the Standing Committee, the Chairman, AICTE shall nominate an Expert Committee to visit the institution and assess the compliance of minimum Norms and Standards in respect of infrastructural and instructional facilities to start programmes of technical education and training.

6. The Council shall consider the recommendations of the Standing Committee and the Expert Committee in regard to the quality of education, overall merit of the proposal, credibility of the programme provider of the foreign country vis-a-vis the institution intending to start the programmes in India and decide conclusively on the application regarding grant of approval or otherwise for registration.

7. AICTE shall issue a certificate of registration containing therein the intake fixed for each programme to the concerned educational institution/university declaring its eligibility to perform the prescribed functions and the names of such universities/institutions shall automatically stand included in the list of registered/ approved university/institution by the AICTE in their relevant list.

8. The registration so granted shall be valid for a specified period during which AICTE may review the progress made and periodically inform the concerned agencies about the results of such a review. After expiry of the said period, the AICTE may extend the registration or withdraw the registration or impose such other conditions for extension, as it may consider appropriate.

9. During the period of operation the institution shall be treated on par with other technical institutions in India and shall be governed by all the rules, regulations, norms and guidelines of AICTE issued from time to time. Conditions for Registration:

1. Proposal from the foreign universities/institutions shall be considered under these regulations provided that they themselves establish operation in India or through collaborative arrangements with either an Indian institution created through Society/Trust Act or the relevant Act in India or with a private educational service provider registered as such in India. No franchisee system shall be allowed under these regulations.

2. Accreditation by the authorized agency in parent country with higher grades where grading is available, shall be the pre-requisite condition for any Foreign University/Institution to start its operation for imparting technical education in India.

3. An Indian Technical Institution interested in collaborating in the field of technical education, research or training with a Foreign University/Institution must be an affiliated institution of university in India or a deemed university having adequate infrastructure for imparting technical educational programmes. It shall be desirable for such Indian institution to have acquired accreditation of its programmes by NBA of AICTE or shall be in a position to do so at the earliest possible. However, this clause of accreditation shall not be applicable for a De- novo institution or new project proposals.

4. The foreign university/institution shall furnish an undertaking declaring therein that the degrees/diplomas awarded to the students in India shall be recognized in the parent country and shall be treated equivalent to the corresponding degrees/ diplomas awarded by the university/institution at home.

5. The educational programmes to be conducted in India by foreign universities/ institutions leading to award of degrees, diplomas, shall have the same nomenclature as it exists in their parent country. There shall not be any distinction in the academic curriculum, mode of delivery, pattern of examination etc. and such degrees and diplomas must be recognized in their parent country.

6. All such foreign university/institution which is registered in India for imparting technical education leading to award of degrees and diplomas shall have recognition at par with equivalent Indian degrees, subject to the fulfilment of criteria laid down at Clause 7 below.

7. The proposal from foreign university seeking equivalence of technical courses/ programmes at degree, diploma or postgraduate level for mutual recognition of qualifications for the purpose of imparting such courses in India under collaborative arrangements or otherwise shall be considered by AICTE through its Standing Committee on Equivalence or such other mechanism as may be decided. In case such equivalence has already been established by AIU or any recognized Government body, the same may be accepted by AICTE for the purpose provided those are not in dispute.

8. Indian Institutions affiliated to an Indian University and willing to offer programmes of foreign universities leading to award of degrees and/or diplomas must have prior concurrence of the concerned affiliating university.

9. It shall be the responsibility of the concerned foreign university/institution to provide for and ensure that all facilities are available, the academic requirements are laid down and announced prior to starting of the programmes.

10. Any course/programme which jeopardizes the national interest of the country shall not be allowed to be offered in India.

11. The fee to be charged and the intake in each course to be offered by a foreign university/institution leading to a degree of diploma shall be as prescribed by the AICTE, giving due hearing to the concerned foreign university/institution.

12. Educational innovations including experimentation with different modes of delivery by a foreign university/institution shall only be allowed provided such a system is well established either in their parent country or in India.

13. The foreign university/institution shall have to declare in advance the detailed guidelines for admissions, entry level qualifications, the examination pattern and grading and there shall not be major deviations with the prescribed procedures in their parent country, vis -a-vis in India.

14. It shall be the responsibility of the concerned foreign university/institution offering programmes in India to get their AICTE approved centres, accredited by NBA soon after two batches have passed out from such centres. The study centres/institutions of collaborating private educational service providers which impart technical education leading to the award of a degree/diploma of a foreign university shall be considered as a centre of the foreign university/institution, even though the management may be provided by the Indian educational service provider.

15. The foreign university/institution shall be bound by the advice of AICTE with regard to admissions, entry qualification and the conduct of courses/programmes in technical education, as may be communicated to them from time to time.

16. For any dispute arising out of implementation of these regulations, arbitration authority shall be the Secretary, Department of Education in the Central Government of India and the legal jurisdiction shall be the Civil Courts of New Delhi only.

17. AICTE may prescribe any other condition for registration, if it is expedient to do so in the overall interest of the technical education system in the country.

18. The existing Indian institutions having academic collaboration with Foreign University for grant of degree/diploma will be facilitated to seek AICTE's approval and obtain affiliation with Indian university system with an aim to integrate such institutions with the mainstream of technical education system in India.

19. The foreign universities/institutions already operating in India in various form shall have to seek fresh approval from AICTE within six months from the date of issuance of this notification or before commencement of ensuing academic session, whichever is earlier and shall be governed by the regulations and guidelines of AICTE.

Punitive Measures and Conditions for Withdrawal:

1. If a foreign university/institution fails to comply with any of the conditions as contained in the above regulations and/or consistently refrains from taking corrective actions contrary to the advice of the AICTE, the AICTE may after giving reasonable opportunity to the concerned university/institution through hearing or after making such inquiry as the Council may consider necessary, withdraw the registration granted to such university/institution to offer their degrees, diplomas in India and forbid such foreign university/institution to either open Centres or enter into any collaborative arrangement with any University/ Institution in India or with a private educational service provider.

2. The AICTE 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:

(a) Refusal/withdrawal for grant of visa to employees/teachers of the said foreign university/institution.

(b) Stop repatriation of funds from India to home country.

(c) Forbid the advertisement of said university/institution in print or visual media. Withdrawal."Once the registration of a Foreign University/Institution is withdrawn, the Council shall make attempts in co-ordination with concerned State Government to re-allocate the students enrolled into such programmes to other approved institutions of the Council. The foreign university/institution in such cases, shall have to return the entire fee collected from such students to the allottee institutions in which such students are accommodated. Such foreign institutions shall not be allowed to open any other centre/institution or enter into a collaborative arrangement in India. Annual Reports."The foreign university/institution shall submit an annual report giving details of the number of students admitted, programmes conducted, total fee collected, amount transferred to parent country, investment made, number of students awarded degree, diploma and any such information that AICTE may ask for. Interpretation."If any question arises as to the interpretation of these regulations the same shall be decided by the AICTE. The AICTE shall have power to issue any clarifications to remove any doubt, which may arise in regard to implementation of these regulations.

Central Bare Acts

All India Council for Technical Education Act, 1987 Complete Act - Bare Act

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