Report No. 160
6.1. The Law Commission recommends that present clause (k) in section 10 of the All India Council for Technical Education Act be deleted and the subsequent clauses in section 10 be appropriately re-alphabeted and a new section -Section 10A - be inserted to the following effect:
"10A. Grant of approval for starting technical institutions and new Courses and Programmes.-(1) A person desiring to establish a new technical institution shall apply to the Council for approval in accordance with the provisions of this Act and the Rules and the Regulations made thereunder. The Council shall dispose of the application according to law within four months of the receipt of the application provided the application complies with all the requirements of law.
If there are any defects in the application (or if it is found to be incomplete in any respect) the same shall be pointed out to the applicant within a period of three months and if the application is received by the Council after removal of such defects, the same shall be dealt with and disposed of according to law within four months of such receipt.
(2)(a) The application mentioned in sub-section (1) shall be accompanied by a letter of consent from the concerned State Government or the Administration of the Union Territory, as the case may be.
(b) An application for grant of consent made to a State Government shall be considered fairly and promptly and in accordance with law in force in the State. The State Government shall communicate its consent or refusal, as the case may be, to the applicant within a period of 90 days of the receipt of the application.
(c) In case the application contemplated by sub-section (1) is found to be defective (or incomplete for non-compliance with any of the provisions of the law or the Rules applicable in that behalf) the same shall be communicated to the applicant within 90 days of the receipt of the application. In such a case, the time-limit and the consequence provided in clause (b) of this sub-section shall not operate. The period of 90 days shall again be calculated from the date of receipt of the application after removing the defects.
(3)(a) Where the technical institution proposed to be established proposes to affiliate itself to a University, the application contemplated by sub-section (1) shall be accompanied by a letter of the University, agreeing to consider the request of the institution for affiliation after it obtains the approval from the council. In such a case, the approval granted by the Council shall become effective and operative only on the grant of affiliation by the University, whether provisional or final.
(b) The provisions contained in clauses (b) and (c) of sub-section (2) shall apply equally in the case of an application for grant of affiliation to be submitted after obtaining the approval of the Council provided that the time-limit in the case of University shall be 180 days.
(4) No technical institution shall commence functioning except after obtaining the approval the Council under this section and the affiliation of the concerned University wherever affiliation is proposed with a University."
We recommend accordingly.
Mr. Justice B.P. Jeevan Reddy (Retd.), Chairman.
Ms. Justice Leila Seth (Retd.), Member.
Dr. N.M. Ghatate, Member.
R.L. Meena, Member-secretary.
Dated: 28th July, 1998