Académique Documents
Professionnel Documents
Culture Documents
CONTAINING
LEGAL CELL
ALL INDIA COUNCIL FOR
TECHNICAL EDUCATION
NEW DELHI
AUGUST 19, 2002
INDEX
02. Typed copies of Regulations for Admission & Fee Structure 15-46
In exercise of the power conferred by sub-section (1) of section 23 of the All India
Council for Technical Education Act, 1987 (52 of 1987), the All India Council for
Technical Education hereby makes the following regulations, namely :-
1.1 These regulations may be called the All India Council for Technical
Education (grant of approval for starting new technical institutions,
introduction of courses or programmes and approval of intake capacity of
seats for the courses or programmes) Regulations, 1994, Amendment
Regulations, 1997 and 2000.
1.2 They shall come into force on the date of their publication in the Official
Gazette.
2.0 APPLICABILITY
2.3 Grant of approval of the Council for intake capacity of seats and for
increase in the annual intake capacity of seats in courses or programmes in
Technical Education.
3.0 DEFINITIONS
3.1. “Act” means All India Council for Technical Education Act, 1987 (52
of 1987) ;
3.2. “Bureau AIB” means the Bureau of All India Board of Studies of the Council;
3.3. “Bureau MPCD” means the Bureau of Manpower Planning and Career
Development of the Council ;
3.4. “Bureau RDII” means the Bureau of Research & Development – Institute
Industry Interaction of the Council ;
3.5. “Bureau E&T” means the Bureau of Engineering & Technology of the
Council ;
3.6. “Council” means All India Council for Technical Education established under
Section 3 of the Act ;
3.7. “Deemed University” means any institution of Higher Education other than a
University, declared as such under section 3 of the University Grants
Commission (UGC) Act, 1956 (3 of 1956)
3.9. “Regional Office” means the Regional Office functioning as the secretariat of
the Regional Committee of the Council ;
3.11. All other words and expressions used herein and not defined but defined in the
All India Council for Technical Education Act, 1987 (52 of 1987) , shall have
the meanings respectively assigned to them in the said Act.
NOTE: The specified forms are not attached with these regulations and provided
separately.
6.1 The financial position of the applicant shall be sound for investment in
developed land and in providing related infrastructural and instructional
facilities as per the norms and standards laid down by the Council from
time to time and for meeting the annual recurring expenditure;
6.2 The courses or programmes shall be conducted as per the assessed
technical manpower demands ;
6.3 The admission shall be made according to the regulations and directions of
the Council in the respective Technical Institutions or Universities ;
6.4 The tuition and other fees shall be charged within the overall criteria as
may be laid down by the Council ;
6.5 The staff shall be recruited as per the norms and standards specified by the
Council from time to time ;
6.7 any other conditions as may be specified by the Council from time to time.
7.2 Every application for approval from the Government Institutions and the
Government Aided Institutions shall be sent by the State Government
concerned to the Bureau E&T alongwith the consent of affiliation by the
University / State Board.
a) Requirement of Land
The applicant shall identify suitable land for starting the new Technical
Institution. The minimum requirement of such land shall be as indicated
in Table I below :-
Table I
It shall not be necessary for the applicant to have ownership or title of the land
proposed to be utilized for starting the new Technical Institution at the stage of
making the application in Form VI. The ownership or the title shall be required
only after issuance of the Letter of Viability.
b) Funds
Table II
NOTE:-
It shall not be necessary to produce any fixed money deposit receipt from
a bank in the joint name of an applicant Society/Trust and the respective
Regional Officer, at the stage of making an application in Form VI. This
will be required only after issue of a Letter of Viability.
8.6 Subject to the provisions of sub-regulation 9.0, the Regional Committee or the
Board of Studies, as the case may be, shall deliberate on the status of the various
proposals and the recommendations of the State Government, University or the
Directorate of Technical Education and University Grants Commission thereon
and give its recommendations to the Council by the prescribed date.
8.7 After considering the recommendations of the agencies concerned and after
making such further enquiry as it may deem necessary, the Council may, by the
prescribed date,
b) Issue a Letter of Regret to the applicant stating therein the specific ground
or grounds on which the application has been rejected, provided that no
application shall be rejected unless the applicant has been given a
reasonable opportunity of being heard in the matter.
8.8 While issuing a Letter of Viability under sub –regulation (8.7), the Council shall
ask the applicant to submit by the prescribed date, the following documents,
namely :-
d) In case the applicant is running any other educational institution and the
new institution is purposed to be set up in the same premises, an
irrevocable resolution of the applicant stating that sufficient area of the
premises has been earmarked specifically for setting up the proposed
institution.
8.8.2. A fixed money Deposit jointly in the name of applicant Society/Trust and the
Regional Officer of the respective Regional Office as per the requirements
specified in Table II of sub-regulation 8.4 (b & c) for a period of ten years after
which the applicant may apply to the Council to allow or use the funds for
development purposes of the institutions.
(NOTE: The accounts of the funds shall be maintained by the Regional
Office.
8.8.3. Document (s) regarding furnished permanent building atleast adequate for the Ist
year classes on the land specified at sub-regulation (8.8.1).
8.8.4. A master plan for the entire institutional complex with the details of the plinth
area, including area of laboratories, class rooms, drawing halls, workshops,
library, administrative block, hostel etc. shall be submitted alongwith the
construction schedule indicating estimated cost of construction involved.
8.8.5. A registered undertaking on non-judicial stamp paper, stating that the institute
shall abide by all the Regulations, Norms, Guidelines and Standards of the
Council.
8.10. An Expert Committee appointed by the Chairman of the Council shall, at the cost
of the applicant, visit the premises of the proposed institution or existing
institution, as the case may be, and verify all the details furnished in the
application, prior to final approval being given.
8.11 .The report of the Expert Committee and other relevant information obtained by
the Council shall be placed before the Executive Committee of the Council for its
decision.
8.12 Subject to the provisions of sub-regulation (8.8), the final decision of the Council
shall be communicated to the State Government concerned or the University
Grants Commission, the University or the Directorate of Technical Education
concerned, as the case may be, the Regional Office concerned and the applicant
by the prescribed date in case the application was made before the specified date
8.13 The rejection of an application shall not disentitle an applicant to make fresh
application for any subsequent academic year.
8.14. The Council shall, in every year, before the specified date publish the names of
approved Technical Institutions, University Departments or Deemed Universities
conducting courses in Technical Education, the courses and programmes
approved by the Council and the number of seats permitted (annual intake
capacity ) for each course or programme and communicate relevant extracts of the
same to the concerned authorities and agencies .
8.15. All institutions, courses and number of seats approved after publication of a list
under sub-regulation (8.14) shall stand included in the relevant list.
8.16. The time schedule and sequences of processing applications for approved
proposals shall be as given in the schedule appended to these regulations,
provided that the Council may, for good and sufficient reasons to be recorded in
writing, modify the time schedule in respect of any class or category of
applications.
9.1. The Council may process the various applications made under these
regulations through its following bodies, namely :-
11.0 INTERPRETATION
11.2. The Council shall have the power to issue clarification to remove
any doubt which may arise in regard to implementation of these
regulations.
12.0. POWER TO RELAX
The Council may, for removal of any hardship 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.
SCHEDULE
(See Sub-Regulation 8.16 )
NOTE :-
The Council on the advice of its Executive Committee may modify the prescribed
dates as mentioned in the Schedule. The decision of the Council regarding the
dates shall be final.
REGULATIONS FOR
ADMISSION AND FEE
STRUCTURE
( TYPED COPIES )
GUIDELINES
1.2 Qualification for Admission of Scheduled Caste & Scheduled Tribes (SC/ST)
Students
All States/Union Territories (UTs) should conduct entrance tests in the subject of
Physics, Chemistry and Mathematics at 12+ level. The entrance test should be common
to all Engineering degree Institutions in the State /UT. The minimum marks for eligibility
for the entrance test need not be prescribed in the case of degree courses and all students
who have passed the qualifying examination may be permitted to appear the entrance test.
Only the merit ranking in the entrance test should be the basis for admission to
engineering degree programmes. Such tests should be conducted by appropriate agencies
set up for the purpose.
1.4 Admission of Reserved Category Students
The admission for reserved categories should be strictly on the basis of merit of the
respective categories, in the test as prescribed by the respective State Government/UT
Administrations. In case, no such rule is available with the State Government/UT
Administration, the cut-off point for SC/ST candidates should be not less than 2/3 (two
third) of the cut-off point in the open category.
Lateral entry for diploma holders will be allowed in the second year third semester
level. Seats in addition to the sanctioned intake at first year level, limited to a
maximum of 10% will be reserved for such students.
For being eligible to seek lateral entry to an Engineering degree programme at the second
year/ third semester level, a candidate must have passed the diploma in Engineering in
the relevant branch with a minimum of 60 percent in the aggregate. Only candidates
fulfilling these conditions would be eligible for appearing in the entrance test meant for
selection of diploma holders for Lateral entry to degree programmes. The selection of
candidates will be based on a State level entrance test, the merit ranking in the test being
the basis of admission.
Diploma holders admitted to degree programmes through lateral entry will be provided
with opportunities for making up their deficiencies through remedial courses offered for
this purpose. These students will have to successfully complete such remedial courses
within the stipulated time.
3.0 ENGINEERING DIPLOMA PROGRAMMES.
3.2 Qualification for Admission of Scheduled Caste & Scheduled Tribes (SC/ST)
Students.
The minimum marks for eligibility for the entrance test need not be prescribed in the case
of Diploma Courses and all students who have passed the qualifying examination may be
permitted to appear in the entrance test. Only the merit ranking in the entrance test
should be the basis for admission to Diploma Courses.
The Central Institutions will be governed by the reservation policy of the Govt. of India.
The reservation in the State Institutions shall be left to the respective States/ UTs and be
as per the policy of the concerned State Government /UT Administration.
Some reservations may be made for students from the other States/ UTs to promote
national interaction, provide facilities to students from States lacking facilities of there
own. For this purpose, not more than 15% seats may be reserved for students coming
from other States/ UTs.
6.0 EXCEPTIONS
6.1 Notwithstanding anything contained above, the AICTE shall have the right to
reduce the prescribed minimum percentage for admission for any State/
Region/Area/Course, on specific grounds/ reasons to be recorded in writing.
6.2 The above guidelines will not be applicable for admission to degree courses in
Architecture, Pharmacy, Applied Arts and Crafts, etc., for which separate admission
guidelines issued by the concerned organizations exist. Admission to these Courses will
continue to be governed by those guidelines.
The above guidelines will take effect from the academic year following the date of
publication of this Notification.
(No.F.1/11/88.TS(AICTE)
(Dr. K.Gopalan)
Educational Adviser(T)
Dept. of Education, MHRD, Govt. of India and
Member Secretary, AICTE, New Delhi.
Note:
1. Subsequently vide Regulations, 1994 and 1997, the concept of free, payment and
5% Reservations for NRI students have been introduced. Except for NRI category
students, admission to both free and payment quota have been suggested to be
made through joint entrance without changing the major guidelines of the above
Notifications.
To
The Principal
Regional Engineering College,
Hamirpur (H.P.) – 177 005.
Sir,
I am to refer to your letter No. REC/HMR/ACD-243 (Vol. II) 93- 205 dated
15.1.1993 on the above subject and to clarify as under:
(1) Single sitting means, a candidate who has passed qualifying examination in one
attempt only without any compartment.
(2) The candidate mentioned at Para – 2 of your above said letter is not eligible for
admission to Engineering Degree Programme as per Admission Guidelines
notified by the AICTE.
Yours faithfully,
( P.L. KOHLI )
Deputy Secretary (T)
Copy to :
( P.L. KOHLI )
Deputy Secretary (T)
ADMISSION AND FEE
STRUCTURE REGULATIONS,
1994
( TYPED COPIES )
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
New Delhi, the 20th May, 1994
G.S.R. 476(E). – In exercise of the powers conferred by clause (j) and clause (o) of
section 10 read with section 23 of the All India Council for Technical Education Act,
1987 (52 of 1987), the Council hereby makes the following regulations fixing norms and
guidelines for charging tuition fee and other fees, and providing guidelines for admission
of students to professional colleges, namely :-
(1) These regulations may be called the All India Council for Technical
Education (norms and guidelines for fees and guidelines for admissions in
professional colleges) Regulations, 1994.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. Application.-
3. Definitions.-
(a) “Act” means the All India Council for Technical Education Act, 1987 (52
of 1987);
(d) “Fee” in relation to free seats and payment seats, means all the
institutional fees and includes tuition fee.
(e) “Free Seat” means the seats on which the fees payable is same as
prescribed for the Government Institution in the concerned State;
(f) “Payment Seat” means the seats on which the fees payable shall be
substantially higher than for free seats;
(3) The Council shall cancel the registration of, or as the case may be,
withdraw the approval granted to, a professional college established before
the commencement of these regulations, if that college does not conform
to the conditions stipulated under this regulation on or before the 31st day
of March 1995.
5. Admission: -
(2) Competent Authority shall not make admissions, from the academic year,
1994, to a course or a professional college which has been started or
established in violation of the Act and these regulations.
(3) Admission to a course or programme shall be limited to the number of
seats which are either fixed by the Council or the number of seats that
existed before the enactment of the Act and no admission shall be made
for the seats which have been enhanced, without the approval of the
Council.
6. Examination:-
7. Fees :-
(1) Tuition and other fees for a professional college shall be determined by a
State Level Committee.
(2) The Council shall constitute a Standing Committee for each State to fix
ceiling on the fees chargeable for individual course by a professional
college or class of professional colleges, as the case may be. The Standing
Committee shall consist of the following members namely:-
(3) The members referred to in clauses (i), (iii) and (iv) shall hold Office for a
period of three years from the date of their nomination.
(6) No professional college shall be entitled to receive from the student any
other payment or amount, under whatever name it may be called, in
addition to the fee fixed by the Committee for a free seat or payment seat.
(5) Fifty per cent of the seats in every professional college, course or
programme shall be earmarked as ‘free seats’. The students to be nominated
shall be selected on the basis of merit determined in accordance with sub-
regulation (f) of regulation 8. The remaining fifty percent seats shall be
payment seats and shall be filled by those candidates who are prepared to
pay the fee fixed by the Standing Committee. The allotment of students
against payment seats shall be done on the basis of inter-se merit determined
on the same basis as in the case of free seats.
(6) There shall be no management quota or any other quota whatsoever either
free seats or payment seats, except as otherwise provided in sub-regulation
(10) of Regulation 8.
(8) The criteria of eligibility and other conditions shall be the same in respect of
both free seats and payment seats except the higher fee to be paid for
payment seats. The management of a professional college shall not be
entitled to impose any other eligibility criteria or conditions for admission
either to free seats or to payment seats.
(9) The Competent Authority shall prepare a detailed schedule every year
relating to inviting of applications, conducting of examination, if any,
drawing up of merit order, publication of results, allotment of students to
various courses and institutions, both for free seats and payment seats, in
accordance with these regulations and shall act in accordance with such
schedule.
(10) A last date for allotment of seats shall be fixed by the Competent
Authority, while inviting applications for admission, and no allotment shall
be made after the last date so fixed. After making the allotments of seats,
the waiting list shall be followed for filling up any casual vacancies or drop-
out vacancies arising after the allotments are finalized. The vacancies shall
be filled until such date as may be fixed by the Competent Authority. It
shall be open to the competent authority to offer any professional college or
seat to the candidate other than his options and as per his merit. Once the
last date of allotment of seats is over, the vacancies still remaining may be
filled by the management out of the candidates included in the list under
sub-regulation (7) of Regulation 8.
(11) In case of technical institutions which are affiliated to an out-of-State
affiliating body, the seats in such institutions shall be included in the seats
available in the State in which the institutions is actually located, and
admissions shall be made by the competent authority of that State in
accordance with the procedure specified under this regulation.
(12) Each professional college shall set aside one free seat and one payment seat
over and above the fixed intake capacity for each course or programme and
shall fill up such seats with the nominees of the beneficiary States to whom
the seats may be allotted by the Central government. The beneficiary States
shall nominate students strictly on merit basis from the merit list prepared
by them for this purpose.
(13) Every year in the Month of December, the Council shall communicate to
the Competent Authority for each State the name of approved professional
colleges, the names of the course or programmes and number of seats for
each course or programme fixed by the Council for making admissions for
every academic year. There upon the competent authority shall proceed
with inviting of applications for such professional colleges and number of
seats for the courses or programmes only and for making admissions
thereto.
9. Reservations
(1) In the academic year 1994-95, fifty per cent of the total intake in a minority
technical institution shall be filled up by candidates selected by the
competent authority on the basis of the common merit list. The candidates
selected shall be distributed equally in free seats as well as in payment seats
in the order of merit. The remaining fifty per cent shall be filled up by the
management of such minority technical institution from the candidates
belonging to the minority community on the basis of merit.
(2) Fifty per cent of seats permitted to be filled by the minority technical
institutions under sub regulation 10 (1) shall be equally distributed between
free and payment seats.
(4) The competent authority shall conduct the verification keeping in view of
the objective that the minority technical institutions are equally committed
to promote excellence of the institutions as a vehicle of general secular
education.
The Council shall have the power to issue clarification to remove any doubt which
arise in regard to implementation of these regulations.
[No. f.1-3/BVI/CCF/PP/94/B.H.-104]
Y.N. Chaturvedi, Member-Secretary,
All India Council for Technical Education
New Delhi
GOVT. OF INDIA RESOLUTIONS
FOR
FEE STRUCTURE, 1997
THE GAZETTE OF INDIA
EXTRAORDINARY
PART I – SECTION I
Policy on Fee fixation in Private Unaided Educational Institutions imparting Higher and
Technical Education including Management Education.
-1.0 The Supreme Court of India in Unnikrishnan JP versus State of Andhra Pradesh
had, on 8th February, 1993 laid down a scheme regulating admission and levy of fee in
private unaided educational institutions particularly those imparting professional
education. This scheme will be referred hereinafter as the ‘Scheme in Unnikrishnan’. As
an interim measure, the Scheme provided for an adhoc fee determination procedure and
certain allied matters. As a long term measure, however para 6(6) of the scheme required
that the All India Council of Technical Education (AICTE), University Grants
Commission (UGC), the Medical Council of India and the Dental Council will frame
suitable regulations in the matter which would replace the adhoc provisions of that
Scheme.
2.0 Pursuant to the above decision, fee was fixed in various States in Private
Engineering Colleges at rates that were found to be suitable by the Courts. Regulations
were framed soon thereafter by the All India Council of Technical Education broadly
incorporating the features of the Scheme laid down by the Court. Similarly, the
University Grants Commission has also prepared draft regulations on the subject. In case
of Medical and Dental Colleges, however, rates of fee have been laid down by the Court
from time to time.
3.0 The Court had occasion to consider the status of implementation of the Scheme in
Unnikrishnan, as modified by its various orders, in 1A No. 24 etc in CWP No. 317 of
1993. The orders passed on 9th August, 1996 require the Central Government, including
the Ministry of Education to take steps to convene a meeting of all the concerned
authorities for evolving a proper fee structure for Medical, Engineering and Dental
Colleges throughout the country within three months, which now stands extended till 28th
February, 1997.
4.0 Meeting of all concerned, viz. the Ministries of Health & Family Welfare, Law
Ministry, the Medical Council of India, the Dental Council of India, the AICTE and the
UGC, and Representatives of Technical, Higher and Medical Education, Departments
were, accordingly, held on 30th August, 1996 and 8th October, 1996 where all the relevant
issues were considered. Pursuant to these meetings, Ministry of Health & Family
Welfare, took a view that the proposed fee structure for Medial and Dental Colleges
could be evolved separately, and that it was not practicable to have a common fee
structure for all professional Unaided institutions generally.
5.0 To take a final view in the matter, a meeting of State Higher and Technical
Education Ministers was convened by the Union Minister of Human Resource
Development on 10th December 1996 wherein it was decided that self-contained policy
directions could be issued applicable to sectors of education, falling within the purview of
the Ministry of Human Resource Development, namely Higher and Technical Education.
The meeting noted that while the AICTE had notified its regulations and the UGC was in
the process of doing so, uniform policy, directions were still needed to be laid down by
the Government to cover all aspects of relevance in the light of these policy declaration.
6.0 President of India is pleased to approve the policy on Fee determination in Private
Unaided Institutions in the Higher & Technical Education Sectors, formulated on the
basis of the broad principles arrived at in the meetings of the officials of the State
Governments of Andhra Pradesh, Maharashtra, Karnataka and Tamil Nadu and also
endorsed in the meetings of the Ministers of States Governments for Higher and
Technical Education. The policy is laid down in succeeding paras:
The policy guide-lines enunciated below seek to ensure a fair fee structure in the
relevant institutions. A fee structure in order to be fair, has to be fair to all concerned,
namely the students and their guardians, the management, faculty members and
employees. The bed-rock of such a policy has to be avoidance of commercialization and
profit-making while simultaneously ensuring maintenance of standards and upkeep of
facilities and assets. Keeping these as prime considerations, the following may be
identired as the broad general principles which inform the present policy framework:
6.2 APPLICABILITY:
Even though ‘deemed universities’ are not expressly included in the Scheme in
Unnikrishnan, their inclusion within the purview of this policy is considered necessary on
the grounds treating such institution at par with private colleges will be just and
appropriate.
6.3 ADMISSION:
In the scheme in Unnikrishnan, the manner and method of admissions form part and
parcel of the fee determination procedures. The admission procedure incorporated in that
scheme will, therefore, apply to the institutions covered under the present policy. As the
UGC Act does not empower the Commission to issue regulations relating to ‘Admission’,
the judgment in Unnikrishnan and the present Resolution will be constructed as enabling
the Commission to make suitable provisions relating to admissions in accordance with
the scheme in Unnikrishnan.
(a) Secretarial Assistance to the Committees referred in 5.2 and 5.3 will be rendered
by the Directorates of Technical and Higher Education respectively of the State
Govt. concerned. The Standing Committee referred to in 5.4 will be assisted by
the Secretariat of the UGC.
(b) Members of the Committee, other than ex-officio Members, will hold office for a
period of three years. The recommendations of the Committee will also be valid
for three years.
(c) Each Committee will be free to device is own procedure. The procedure will
however, compulsorily include giving opportunity to the institutions concerned to
furnish such material as they consider relevant :The Committee will also have
power to call for such information and details as it considers relevant. To carry
out its functions smoothly, the bodies would lay down timebound ‘action-
Calendars’ and ‘dead-lines’ for compliance of the institutions concerned and for
completing the Committees own tasks.
(d) Fee once determined shall be in force for three years. The Committees may
determine different rates of fee for Institutions falling in different classes, if a
classification is justified on intelligible and objective criteria. In particular the
Committees will be free to fix different rates for institutions located in rural areas.
(e) The UGC and AICTE, as the case may be, will have power to call for information
and clarifications form the Committees under their purview.
(f) While determining the fee chargeable, it will be the duty of the Committee to
ensure that Fee does not become a source of profit or commercialization for the
institutions concerned. This approach would be in conformity with the
pronouncements of the Court in cases dealing with fee determination.
(a) Fee will have two broad categories Tuition fee and Development Fee.
Besides, the management of the institutions may realize the actual cost of boarding &
messing form the above students subject to the relevant Committee being satisfied about
the reasonableness of such costs.
(b) Tuition Fee will seek to recover the actual cost of imparting education.
While assessing a fair tuition fee the Committee will take into account the
following:
Keeping the above parameters in view, suitable rates will be fixed for holders of ‘free’,
‘payment’, and ‘NRI/Foreign Students’ categories.
(c ) The UGC and AICTE will forthwith prepare norms relating to staffing and scales
of expenditure for other items wherever such norms have not so far been worked
out, to the extent feasible. In case, where it is difficult to lay down specific
quantified norms, the relevant Committees shall satisfy themselves about the
adequacy and reasonableness of the expenditure involved. Care will be taken to
ensure that the projected expenditure does not become a source of profit to the
sponsors.
(d) As the scheme in Unnikrishnan prohibits commercialization and profit-making, it
will not be open to the institutions concerned to claim any return on investments.
This should, however, not come in the way of the institutions in mobilizing
resources for replacement and upgradation of assets. Further, while earning
return on investment would not be permissible, the Court had, in the Unnikrihnan
judgement left the question of recovering investment on the Central Govt. and the
statutory bodies. It is, therefore, considered desirable that the Development Fee
could provide for an element of partial capital cost recovery to the Management
(but not a return on investment) and to serve as a resource for upkeep and
replacement.
(e) Development Fee may be at flat rates to be determined every three years by the
AICTE and UGC as the case may be. Different rate may be prescribed for
“Payment”, Free/Merit”, and ‘Foreign/NRI’ seat holders. These bodies could also
classify institutions in different categories for all the purposes of prescribing
different slabs provided such categorization is based on intelligible and objective
criteria.
(f) In the first ten years, it would be open to the managements to appropriate upto
half of the proceeds of the development fee or the actual capital cost, whichever
be lower. The remaining half will have to be utilized for upgradation and
replacements in the first ten years and thereafter the entire proceeds will have to
be so utilized.
(g) As the fee chargeable will be notified by the relevant Committee, it will be the
duty of the Statutory body concerned to communicate the rate of Development
Fee to such bodies well in advance to enable the appropriate Committees to
suitably incorporate such rates in their Notification. The UGC/AICTE will take
into account the views and suggestions of the private institutions, the State Govt.
and interested members of public while determining these rates.
(a) Fee once fixed will be valid for a period of three years. Fee will be payable in
advance for a semester. Each Committee will notify for general information the
total fee payable per semester in the month of December every year for the next
year, in two News papers having wide circulation in the State concerned. This
exercise shall be carried out annually notwithstanding the fact that the rates once
fixed will be in force for three years.
(b) While fixing fee, once every three years, the Committees will take into account
the unspent balance, if any in the maintenance and development accounts while
fixing fee for the next three years.
(c) Institutions which levy fee at rates higher than those fixed, or fail to maintain
accounts in the manner laid down or are otherwise found to contravene the
provisions of the appropriate Regulations are liable to have their
permission/affiliation cancelled. The appropriate regulations will incorporate
these guidelines.
Notification
No. 26-7/Legal/2002 – In exercise of the Powers conferred by Clause (j) and clause (o)
of Section 10 read with Section 23 of All India Council for Technical Education Act (No.
52 of 1987), the Council hereby makes these Regulations within the meaning of Section
2(f) of the said Act, 1987 in supersession of the Regulations, 2000 and Circular dated
October 03/09, 2001 mentioned herein below:
a) The All India Council for Technical Education (for Admission under Foreign
Nationals(FN)/Persons of Indian Origin (PIO) category/quota in AICTE
approved institutions) Regulations, 2000 ( as Published in the Gazette of India
in Part III Section IV on March 31, 2001);
b) Circular No. F.38-7/Legal/2001, dated October 03/9, 2001 issued by the Council
providing guidelines for admission against NRI Seats.
1.1 These regulations may be called the All India Council for Technical
Education (Admission under Non Resident Indian(NRI)/ Foreign
Nationals(FN)/ Persons of Indian Origin (PIO) category/quota in AICTE
approved institutions) Regulations, 2002.
1.2 They shall come into force with effect from the date of the official
publication in the Gazette of India.
2.0 APPLICABILITY
3.0 DEFINITIONS
All the words and expressions used herein are not defined in Section 2 of All
India Council for Technical Education Act (No. 52 of 1987). Unless the
context otherwise requires, the words and expressions defined herein shall
have the same meanings respectively assigned to them under these
Regulations. The words and expressions which are not explicitly defined in
Section 2 of the said Act, 1987 are provided with the following definitions
for the purpose of the present Regulations:
3.1 ‘Act’ means All India Council for Technical Education Act, 1987 (52 of
1987);
3.3 “Competent Authority for Admission” means Central Govt. or, State Govt. or
Union Territory Administration or University or any other authority as may
be designated by the Govt. by Law to allot students for admissions to
“Technical Institutions” in a State or Union Territory.
3.5 “Fees” mean tuition and other fees, but does not include “Development Fee”.
3.6 “Development Fee” means a fixed amount for each category of Technical
Institution, prescribed by AICTE for Development of “Technical Institutions”
to be charged from the students in addition to “Fees”.
3.7 “Free Seats” means the seats on which the “Fees” payable are same as
prescribed for the Govt. Institution / Govt. Aided Institution in the concerned
state or Union Territory. In case of variation of “Fees” charged by different
“Govt. Institutions / Govt. Aided Institutions”, the highest “Fees” charged by
any “Govt. Institution/ Govt. Aided Institution” for any progamme in
“Technical Education” shall be the “Fees” for “Free Seats”.
3.8 “Payment Seats” means the seats on which the “Fees” payable shall be higher
than the same for “Free Seats” as determined by the “State Level Fee
Committee” or “National Fee Committee”.
3.9 “NRI” in this context means Non-Resident Indian as defined in Income Tax
Act, 1961 with the following clarifications:
3.10 NRI Seats” means the seats for admission of NRI to the programmes in
“Technical Education”.
3.11 “Persons of Indian Origin” (PIO) in this context means a person having
foreign citizenship (except Pakistan and Bangladesh) without “NRI” status,
but who holds a Foreign Passport at the time of sending application,
consideration for admission and during the period of his study and he/she or
any one/ both of his/her parents or any one/ both of his /her grand parents is
(or was) / are (or were ) citizen (s) of India by virtue of the provisions of the
Constitution of India or Section 2 (b) of Citizenship Act, 1955 (Act No. 57 of
!955).
3.13 “Foreign Student” in this context means a student with the status of
Foreign National who possesses a foreign passport.
4.2 In the self financing Institutions, 50% seats shall be treated as free
seats and other 50% seats shall be treated as payment seats. Out of
payment seats, 5% seats of total intake shall be earmarked for
NRIs. The NRI seats shall be treated within the 50% payment
seats. Against NRI seats, only a person who is NRI himself/herself
may seek admission and no other candidates without NRI status
would be eligible.
4.5 Any seat remaining unfilled from the NRI quota will be reverted to
the payment seats and this will have to be filled from the list of
selected candidates prepared as per the procedure laid down for
admissions to Technical Institutions. There is no provision for
admission of “NRI sponsored” students. The Institution shall not
be permitted to charge “equivalent amount” of NRI fees from the
students admitted under vacant NRI seats.
4.6 The fees chargeable from the students admitted against vacant NRI
seats shall be the same as chargeable for the students admitted
against payment Seats and not against the NRI Seats.
4.7 The competent authority for admission shall make attempts to fill
any vacant seats, which may remain unfilled in 5% NRI quota in
each academic year, as payment seat.
The “Fees” and “Development Fees” to be charged from the NRI students shall be as per
the ceiling fixed by the duly constituted State Level Fee Committees or the National Fee
Committee, which ever is applicable.
Under these Regulations fifteen per cent (15%) seats in the Technical
Institutions approved by AICTE offering technical courses leading to
Diploma/ Post-diploma/ Advanced Diploma/ Degree/ Post-Graduate Degree
in Engineering & Technology/ Architecture & Town Planning/ Pharmacy/
Applied Arts & Crafts/ Hotel Management & Catering Technology, MBA,
Post-graduate Diploma level programme in Management, MCA, Post-
graduate Diploma in Computer Application and Post-graduate Diploma in
Engineering/ Technology shall be allowed on supernumerary basis from
amongst Foreign Nationals/ Persons of India Origin (PIOs) over and above the
approved intake. This is subject to the following conditions and availability
of infrastructural facilities in the respective institutions:
5.4 The total plinth area of the institution (excluding hostels and
residential areas) is not less than 12.5 sq.mtrs. per student.
5.5 The Institute and its hostels have proper approach road, good
environment, sufficient water supply and an arrangement for
generators in absence of normal supply of electricity.
5.6 The concerned institutions was not put under “No Admission” or
“Reduced Intake” category by AICTE due to poor infrastructural
facilities atleast during the last 3 years.
5.8 The results of the last two years for final year students are not less
than 75%, calculated based on Number of students appeared for
the final examination .
The “Fees” and “Development Fees” to be charged from amongst Foreign Nationals/
Persons of India Origin (PIOs) students shall be as per the ceiling fixed by the duly
constituted State Level Fee Committees or the National Fee Committee, which ever is
applicable.
These supernumerary seats shall be exclusively meant for the foreign students in the
diploma, under-graduate and post-graduate courses with a condition that under no
circumstances a seat remained unfilled shall be allocated to any one other than a foreign
student/PIO.
6.2 The provisions of the latest circular will supersede the overlapping
provisions of previous circulars issued.
The Governing Body shall have atleast 11 members including the Chairman and the
Member-Secretary. The Registered Society/Trust shall nominate 6 members including
the Chairman and the Member-Secretary, and the remaining 5 members shall be
nominated as indicated below:-
4. Nominee of the All India Council for Technical Education-Regional Officer (Ex-
Officio).
5. An Industrialist/technologist/educationist from the Region to be nominated by the
concerned Regional Committee as nominee of the Council, out of the panel
approved by the Chairman of the Council.
6. Nominee of the Affiliating Body/University/State Board of Technical Education.
7. Nominee of the State Government – Director of Technical Education (ex-officio).
8. An Industrialist/technologist/educationist from the Region nominated by the State
Government.
9. Principal/Director of the concerned technical institution (as nominee of the
Society/Trust) – Member Secretary.
The number of members can be increased equally by adding nominees of the registered
Society and by adding an equal number of educationists from the Region keeping in view
the interest of the Technical Institution. The total number of members of a Governing
Body shall however, not exceed 21.
The Chairman of the Governing Body shall preferably be a technical person either
entrepreneur or an industrialist or an educationist of repute who is interested in the
development of technical education and has demonstrated an interest in promotion of
quality education.