Response to the proposed HECI Act 2018 to Replace UGC

Response to the proposed HECI Act 2018 to Replace UGC Kerala University Teachers Organization University of Kerala, Thiruvananthapuram (Reg No: TVM/TC/593/2018 Response to the proposed HECI Act 2018 to Replace UGC Kerala University Teachers Organization University of Kerala, Thiruvananthapuram (Reg No: TVM/TC/593/2018) Report of the KUTO Round Table held on 02.07.18 In response to the call for feedback on HECI Act 2018 by the Govt of India Participants of the Round Table 1. Dr. C. A Lal, President, KUTO 2. Dr. S. Prema, Vice President, KUTO 3. Dr. L. Darwin, General Secretary, KUTO 4. Dr. Thajudeen A.S, Joint Secretary, KUTO 5. Prof. (Dr.) G. Padma Rao, Member, Executive Committee, KUTO 6. Prof. (Dr.) Achuthsankar S. Nair, Academic Co-ordinator, KUTO 7. Prof. (Dr.) G. Raju, Member, Executive Committee, KUTO 8. Dr. Siril E. A., Member, Executive Committee, KUTO 9. Shri. Asharaf A., Member, Executive Committee, KUTO 10. Dr. Anu Unny, Member, Executive Committee, KUTO 11. Dr. S. A. Shanavas, Member, Executive Committee, KUTO 12. Dr. C. N. Vijayakumari, Member, Executive Committee, KUTO 13. Dr. T. Vijayalakshmi, Member, Executive Committee, KUTO 14. Dr. Suresh R., Member, KUTO 15. Dr. Noushad V., Member, KUTO Published by the Secretary, Kerala University Teachers Organization (KUTO) University of Kerala Reg No: TVM/TC/593/2018 For Private circulation only. This document is released under Creative Commons License. About KUTO The Kerala University Teachers Organisation, with a history of 3 decades, is a democratic collective of teachers of University Departments in University of Kerala, aiming to take up activities for welfare of teachers and the academic community in general. It is registered under Travancore-Cochin Charitable Societies Act (TVM/TC/593/2018). The organisation wishes to be a model teacher’s organisation embracing new age values of higher education centred around democracy, academic freedom, equality, excellence and emancipatory education. Along with reacting to issues of interest to teaching community, the organisation conducts a series of scholarly talks on topics ranging from student politics to econo-physics. The organisation also enables democratic dialogues in the campus through initiatives such as Speak Something Significant in Sixty Seconds. It has also taken a principled stance against banning student politics. It is engaged in a relentless struggle against undemocratic and partisan conduct of quality assurance activities in University of Kerala. The struggle has reverberated in media and the state legislature. The organisation also regularly brings out a newsletter titled rEach: Teach, Research and Reach out. The newsletter is noted for its scholarly content, bold stances and decent language, ushering in a new culture for organizational activities. Contents Sl. No. 1. 2. 3. 4. 5. 6. 7. 8. Executive Summary General Comments The Sanctity of the draft On constitution of the HECI On Function of HECI, Particularly related to Autonomy On Financial Powers On Advisory Council Minor comments Pg. No. 1 2 3 4 5 6 7 8 1. Executive Summary  Whereas we welcome a restructuring administration of higher education in principle, we are dismayed at the short time window available for feedback. We also feel that the draft act does not have the backing of a study/commission report which builds the case for restructuring.  We welcome the provisions which ensure that the chairpersons and members shall be eminent academicians.  The membership of all Chair/Vice-chairpersons of State Higher Education Councils in the advisory councils is a welcome step from the view point of federalism [section 24(1)].  We fear that HECI will be dwarfed by the Advisory council.  We also fear that the Advisory Council will be the route for ideological interference and political hood winking. In our opinion, it is the most objectionable aspect of HECI.  HECI will have lesser prominence with absence of financial powers  We strongly urge the Govt. of India to provide due reservation for women and the marginalized, in the HECI.  If we were to choose, we would choose autonomy for HECI itself and the public Universities and other public funded HEIs. We fear, instead, red carpet will be rolled out to profiteering intuitions.  We welcome faculty-centric governance structure for Universities.  We recommend rewording provision 19 to enable punishment of unauthorised institutions which sell degrees (which are presently blacklisted by the UGC).  The function to specify learning outcomes for courses of study [section 15(3)(a)] is both impractical and objectionable. In the modern terminology, a course is a unit of a degree programme. UG programmes easily have 30 to 40 courses whereas PG programmes have 20-30 courses. There are hundreds of programmes in various universities. How will the HECI produce course objectives for thousands of courses? If a University Dept. wants to add a new course, it will have to wait for HECI to define its outcome? We hope our point is clear.  We find the following functions are conspicuous by their absence. a) Promoting innovation b) Promoting industry linkages c) Promoting international linkages 1 2. General Comments 1. UGC Act was enacted in 1956. The landscape of higher education, in tem of social, economic, cultural, political and technological aspects, has undergone tremendous transformation in the six decades since then. We therefore do not see any objection in a re-organization per se. 2. We place on record our dismay at the short time window provided for eliciting reposes from various stakeholders. We fear that the whole exercise is an eye wash. It is not late even now to extend the time window to enable more rich discussions and debates. 3. We do not understand why the UGC was not renamed and its act amended, rather than portray UGC as an evil by shutting it down and setting up a fresh body. 2 3. The Sanctity of the Draft 1. The MHRD website provides the draft act, but no background note is made available. 2. In the past, structural reforms were preceded by commissions which made thorough study of the scenario and built a convincing case for reforms. 3. The commissions in the recent past, the Knowledge Commission chaired by Mr. Sam Pitroda (2009) and Prof. Yashpal committee Report (2009) have, based on detailed studies and consultation, produced voluminous reports. We are not sure if they have been consulted. 4. The present Central Govt. also had appointed panels under the leadership of Cabinet Secretary T.S.R. Subrahmanian and thereafter K. Kasturirangan, and their final reports are not available in the public domain. We are not sure if the commission report/interim reports had been relied on in drafting the HECI act. 5. In the absence of confirmation of the above, we deem the draft act as not having the sanctity required of it, to be placed before the nation. 3 4. On Constitution of the HECI 1. We note that the strength of the commission has been enhanced from 12 to 14. 2. We warmly welcome the provisions for appointment of chairperson through a Search Cum Selection Committee (Sc Sc). That the qualifications for the post have been specified in the act is heartening. That the committee is headed by the cabinet Secretary is objectionable. [Sections 3(6), 3(5)] 3. We note that the UGC Act was silent on the qualifications of Chairman and members. 4. The Chairperson, Vice-Chairperson and members are required to be persons of eminence and standing in the field of academics and research . This is also a welcome provision. [Sections 3(6), 3(5)] 5. We contrast the above with a recent act enacted in Kerala to nominate a temporary Syndicate wherein one provision was to nominate six eminent persons working in the field of education and non-descript persons were nominated in the category. We are sure that the provision in the proposed HECI Act will safeguard such damaging misuses. 6. We are appalled that the Act is silent on reservation in commission membership. We seriously feel that reservation for women and marginalized should be specified in the act. 4 5. On Function of HEC, Particularly related to Autonomy 1. We feel that “utonomy’ is a concept to be handled with care. Its connotations are many. Is it a mask to legitimize and enable profit-motivated educational’ institutions? 2. The proposed act institutionalizes autonomy at the highest level and we see a danger in it, especially in view of the other concerns we raise. 3. If we were to choose, we would choose autonomy for HECI itself and the Universities and public funded HEIs. We fear, instead, red carpet will be rolled out to profiteering intuitions. 4. We find the clause 15(4)(d) on Graded “utonomy to Universities as surprising. “re not our Universities autonomous? The new presumption is dangerous. 5. The recommendation of faculty-centric governance structure is most welcome [section 15(4)(j)]. We cannot expect our Universities to rise to international standards after nominating non-academicians (often local politicians or teacher politicians) to lead them, in their Syndicates/executive councils. 6. One of the drawbacks of UGC Act was its lack of teeth to act on black listed institutions which sell degrees. Provision 19 now has the potential to address this lacune, but the provision needs rewording to cover bogus institutions or institutions not licensed by HECI. 7. The function to specify learning outcomes for courses of study [section 15(3)(a)] is both impractical and objectionable. In the modern terminology, a course is a unit of a degree programme. UG programmes easily have 30 to 40 courses whereas PG programmes have 20-30 courses. There are hundreds of programmes in various universities. How will the HECI produce course objectives for thousands of courses? If a University Dept. wants to add a new course, it will have to wait for HECI to define its outcome? We hope our point is clear. 8. We find the following functions are conspicuous by their absence. (i). Promoting innovation (ii). Promoting industry linkages (iii). Promoting international linkages 9. We recommend that the HECI Act may include a provision to enable it to enforce and facilitate filling of minimum number of vacancies in public funded institution. 5 6. On Financial Powers 1. To most who has interacted with UGC office, it simply looked and acted like a Govt. of India department. What gain is expected by shifting financial powers from HECI to MHRD? 2. HECI will have lesser prominence with absence of financial powers 3. In Kerala, the Govt. has implemented a system of direct disbursal of grants due to the University through its treasury. Teacher’s salaries are no longer paid by the University, but by the Govt., on the University’s recommendations, from the grant earmarked for the University. One may look at it as a practically inconsequential, but it is, in our view, a great dent in autonomy of the Universities. We fear that HECI will suffer the same fate. 6 7. On Advisory Council 1. The advisory council [section 24] is an ornament that UGC did not have. 2. The membership of all Chair/Vice-chairpersons of State Higher Education Councils in the advisory councils is a welcome step from the view point of federalism [section 24(1)]. 3. That the advisory council is chaired by the MHRD minister is objectionable. The role of the Govt. and the legislature is omnipresent when the act is in force. Why should there be Govt. presence over and above that? 4. We fear that HECI will be dwarfed by the Advisory Council 5. We also fear that the Advisory Council will be the route for ideological interference and political hood winking. In our opinion, it is the most objectionable aspect of HECI. 6. We note that Section 25 on Directives by the Central Government is yet another attack on autonomy of the HECI. We realize that the provision is there in UGC act also. However we urge the Govt. of India to drop the provision as most political agenda can be hidden under national purpose . 7 8. Minor Comments We wish to point out that the provision 25 (2) is worded as: In case of a disagreement arises between….. It is better worded as: In case of disagreement arising between…. 8 Draft Higher Education Commission of India (Repeal of University Grants Commission Act) Act 2018 Preamble Whereas the Constitution of India mandates Central Government to take steps for coordination and determination of standards in institutions for higher education or research and scientific and technical institutions, Whereas for promoting uniform development of quality of education in higher educational institutions, there is a need for creation of a Body that lays down uniform standards, and ensures maintenance of the same through systematic monitoring and promotion, Whereas the existing regulatory structure as reflected by the mandate given to University Grants Commission required redefinition based on the changing priorities of higher education and allow its growth, This Act provides for establishing the Higher Education Commission of India repealing the University Grants Commission Act, 1956. It is hereby enacted by the Parliament in the 68th year of the Republic of India as follows: 1. Short title and commencement— (1) This Act may be called the Higher Education Commission of India Act, 2018 (Repeal of University Grants Commission Act, 1956). (2) This Act is applicable for all higher educational institutions established, under any Act of the Parliament excluding Institutions of National Importance so notified by the Government, Act of State Legislature and to all Institutions Deemed to be Universities so notified by the Government. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette. 2. Definitions. — In this Act, unless the context otherwise requires,— a) “Commission” means the Higher Education Commission of India established under section 3 of this Act; b) “Executive authority", in relation to a University, means the chief executive authority of the University (by whatever name called) in which the general administration of the University is vested; c) “Central Government” means the Competent Authority of Government of India; d) “Higher Educational Institution” means a University or an institution or a college, affiliated to a university, including the institutions or colleges which have been granted power to award degrees/diplomas by the Commission; Page 1 of 14 Draft e) “Member” means a member of the Commission and includes the Chairperson, Vice-Chairperson and the Secretary of the Commission; f) “prescribed” means prescribed by rules made under this Act; g) “University” means a University established or incorporated by or under a Central Act, a State Act, and an Institution Deemed to be University. 3. Establishment of the Commission. — (1) With effect from such date as the Central Government may, by notification in the Official Gazette, establish a Commission by the name of the Higher Education Commission of India. (2) The said Commission shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued. (3) The Commission shall consist of a Chairperson, Vice Chairperson and twelve other Members to be appointed by the Central Government. The Secretary of the Commission will act as the Member-Secretary. (4) The office of the Chairperson and Vice Chairperson shall be whole time salaried individuals and subject thereto, the terms and conditions of service of the Chairperson and Vice-Chairperson shall be such as may be prescribed. (5) The Chairperson, Vice-Chairperson and Members shall be scholars being persons of eminence and standing in the field of academics and research possessing leadership abilities, proven capacity for institution building, governance of institutions of higher learning and research and deep understanding on issues of higher education policy and practice. (6) The Chairperson shall be selected by a Search-Cum-Selection Committee(ScSc), consisting of Cabinet Secretary (Chairperson), Secretary Higher Education, and three other eminent academicians to be co-opted as members. The Committee shall submit a panel of names for each post, who satisfy the following conditions: a. Should have been a Professor for at least 10 years preferably in the Institutes of National Importance or Universities and a scholar of repute with acknowledged publications in advancement of knowledge; OR An eminent academician and educational administrator with credentials in the relevant field and proven capacity for institution building and governance of institutions of higher learning. b. Shall be a citizen or an Overseas citizen of India. (7) The Vice Chairperson and the members shall be selected by the same SearchCum-Selection Committee, with the addition of Chairperson of Commission as a member. (8) Of the twelve members referred to in sub-clause (3) of clause 3 – a) Three members representing Central Government namely: Secretary of Higher Education, Secretary of Ministry of Skill Development and Entrepreneurship and Secretary Department of Science and Technology. Page 2 of 14 Draft b) Two Chairpersons of other Regulatory Bodies of Education, namely Chairperson of All India Council for Technical Education and Chairperson of National Council for Teacher Education; c) Two Chairpersons of the Executive Council/Governing Body of accreditation bodies; d) Two serving Vice Chancellors of Universities known for their academic excellence; e) Two serving Professors of Universities, reputed for research and knowledge creation; f) One doyen of Industry (2) The Chairperson, the Vice-Chairperson and the Members of the Commission shall be appointed by Government from the Panel submitted by the ScSc. (3) The Vice-Chairperson shall exercise such of the powers, and discharge such of the duties, as may be prescribed by the Commission. (4) If a casual vacancy occurs in the office of the Chairperson , whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairperson holding office as such for the time being shall, act as the Chairperson and shall, unless any other person is appointed earlier as the Chairperson, hold the office of the Chairperson for the remainder of the term of office of the person in whose place he is to so act: Provided that where no Vice-Chairperson is holding office at the time when the vacancy in the office of the Chairperson occurs, the Central Government shall, appoint any other member to act as the Chairperson and the person so appointed shall not hold the office of the Chairperson for a period exceeding six months. (5) If a casual vacancy occurs in the office of the Vice-Chairperson 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 a term of three years. (6) The office of the Chairperson and the Vice-Chairperson shall be whole-time and salaried and subject thereto, the terms and conditions of service of the Chairperson, Vice-Chairperson and other members shall be such as may be prescribed. (7) Every appointment under this section shall take effect from the date on which it is notified in the Official Gazette by the Central Government. 4. Resignation and removal of Chairperson, Vice-Chairperson and Members(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the Government resign from office. (2) The Government may remove from office the Chairperson, Vice-Chairperson or any Member, who—– a) has been adjudged an insolvent; or b) has engaged, at anytime during his term of office, in any paid employment outside the duties of his office; or Page 3 of 14 Draft c) has become physically or mentally incapable of acting as such Chairperson or other Member; or d) is of unsound mind and stands so declared by a competent court; or e) has been convicted of an offence which, in the opinion of Government, involves moral turpitude; or f) has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions as such Chairperson or other Member; or g) has so abused his position as to render his continuance in office prejudicial to the public interest; or h) has been guilty of proved misbehaviour; or i) has such other disqualifications as maybe prescribed: Provided that the disqualification under above clauses in respect of members shall be on the recommendation by the Chairperson 5. Term of office of Chairperson, Vice Chairperson and Members(1) A person appointed as Chairperson, Vice Chairperson and other Members shall hold office for a term of five years from the date on which he enters upon his office:  Provided that Chairperson, Vice Chairperson and Members shall cease to hold office on attaining the age of seventy years.  Provided further that any Vice Chancellor/ Professor appointed as a Members shall cease to be the Member on the date they cease to be Vice Chancellor/Professor respectively. (2) Chairperson, Vice Chairperson and Members shall be eligible for one more term subject to age limit of seventy years. (3) The Central Government shall, to the extent possible, initiate the process of appointment in respect of any vacancy due to a rise on the post of Chairperson, Vice-Chairperson or other Member before a period of six months from the date of arising of such vacancy. (4) The Central Government shall ensure that the process of appointment in respect of any vacancy on the post of Chairperson, Vice Chairperson or other Members is completed within a period of six months from the date such vacancy had arisen. 6. Prohibition as to holding of office by Chairperson, Vice-Chairperson or other Members on ceasing to be such Chairperson, Vice-Chairperson or Members Once appointed to hold office, the Chairperson/Vice Chairperson or other Members shall be ineligible, for a period of two years from the date on which they cease to hold office, for further employment in, or, in matters related to, any higher educational institution under the Central Government or a State Government or any private higher educational institution. Page 4 of 14 Draft 7. Meetings of the Commission: The Commission shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act. 8. Chairperson, Vice Chairperson or Member not to participate in meetings in certain cases – The Chairperson, Vice-Chairperson or any other Member having any direct or indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting of the Commission, shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the Commission, and the member shall not take any part in any deliberation or decision of the Commission with respect to that matter. 9. Declaration by Chairperson, Vice-Chairperson and other Members.– (1) The Chairperson, Vice Chairperson or other Members shall, immediately after entering office and every year thereafter, make a declaration on the extent of his interest, whether direct or indirect and whether pecuniary or otherwise, in any institution of research or higher educational institution or in any other professional or financial activity. (2) The declaration so made under sub-section (1) shall be placed on the website of the Commission. 10. Terms and conditions of service of Chairperson, Vice Chairperson – (1) The salaries and allowances payable to, and the status and other terms and conditions of service of, the Chairperson of the Commission shall be the same as that of the Secretary to the Government of India. (2) The salaries and allowances payable to, and the status and other terms and conditions of service of, the Vice-Chairperson, shall be the same as that of a Special Secretary to the Government of India. 11. Vacancies, etc., not to invalidate the proceedings of the Commission.(1) No act or proceeding of the Commission shall be invalid merely by reason of— (a)any vacancy in, or any defect in the constitution of, the Commission; or (b)any defect in the appointment of a person acting as a Member of the Commission; or (c)any irregularity in the procedure not affecting the merits of the case. 12.Officers and other staff of the Commission– (1) The Commission may, for the efficient performance of its functions under this Act, appoint, Secretary to the Commission, who shall be an officer in the rank of Joint Secretary and above to the Government of India or a reputed academician with Page 5 of 14 Draft administrative experience of not less than five years and deep understanding of the sector, and such other professional and technical human resources as may be specified by regulations. (2) The other staff of the Commission shall be experts in the field of higher education and shall be persons of proven merit and integrity, and chosen by the Commission in the manner prescribed by regulations. (3) The Commission may appoint, in such manner for such temporary period and on such terms and conditions as may be specified by regulations, such other management, accounting, technical and scientific experts as it may consider necessary for the efficient performance of its functions. (4) Every appointment under sub-section(3), including the qualifications of the person so appointed and the manner, the terms and conditions and the period of such appointment, shall be disclosed on the website of the Commission. 13. Temporary association of persons with the Commission for particular purposes (1) The Commission may associate with itself, in such manner and for such purposes as may be determined by regulations made under this Act, 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 Commission 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 Commission, and shall not be a member for any other purpose. 14. Authentication of orders and other instruments of the Commission. — All orders and decisions of the Commission shall be authenticated by the signature of the Chairman or any other member authorized by the Commission in this behalf, and all other instruments issued by the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission authorized in like manner in this behalf. 15. Functions of the Commission. — (1) The Commission shall take steps for promoting the quality of academic instruction and maintenance of academic standards. (2) The Commission shall, subject to the provisions of this Act and regulations made under this Act, take measures to promote the autonomy of higher educational institutions for the free pursuit of knowledge, innovation, incubation and entrepreneurship, and for facilitating access, inclusion and opportunities to all, and providing for comprehensive and holistic growth of higher education and research in a competitive global environment. (3) The Commission shall ensure maintenance of academic standards in the Higher Education system in the Country and for pursuance of which, shall: (a) (b) Specify learning outcomes for courses of study in higher education; Lay down standards of teaching / assessment / research or any aspect that has bearing on outcomes of learning in higher educational institutions including curriculum development, training of teachers and skill development; Page 6 of 14 Draft (c) (d) (e) (f) (g) (h) (i) (j) Evaluate the yearly academic performance of higher educational institutions, by monitoring the performance on criteria laid down; Promote research in HEIs and coordinate with Government for provision of adequate funding for research; Put in place a robust accreditation system for evaluation of academic outcomes by various HEIs; Provide for mentoring of institutions found to be failing in maintaining the required academic standards; Order closure of institutions which fail to adhere to minimum standards without affecting the student’s interest or fail to get accreditation within the specified period; Advise the Central Government or any State Government on any question which may be referred to the Commission by the Central Government or the State Government, as the case may be; Prescribe proactive public disclosure of various parameters of academic performance and academic outcomes by all Higher Educational Institutions relating to the branches of learning undertaken in that Institution; Perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions. (4) Without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (3), may, inter alia, provide for all or any of the following matters, namely; a) Specify norms and standards for grant of authorization, to a university or a higher educational institution empowered, by or under law, to award any degree or diploma, to commence its first academic operations; b) Specify norms of academic quality for a university to affiliate Higher educational Institutions; c) Lay down standards for grant of autonomy for institutions and provide flexibility and freedom to institutions granted autonomy to develop their own curriculum d) Specify norms and standards for Graded Autonomy to Universities and Higher Educational Institutions and accordingly prescribe regulatory mechanisms; e) Lay down norms and standards for performance based incentivization to the faculty and the Higher Educational Institutions and the Universities; f) Specify norms and processes for establishment and winding up of a Higher Educational Institutions; g) Specify norms and mechanisms to measure the effectiveness of programmes and employability of the graduates; h) Specify norms for award of degrees by the institutions laying down minimum credits to be earned in the given period; i) Specify minimum eligibility conditions for appointment of Vice Chancellor, ProVice Chancellor, Directors / Principals, Deans, Heads of Department, teaching and non-teaching staff of any Higher Educational Institutions; j) Recommend appropriate faculty-centric governance structure for the Higher Educational Institutions, which provides for transparency and efficiency in decision-making process; Page 7 of 14 Draft k) Formulate a Code of Good Practices covering promoting of research, devolution of powers within the institutions for better decision-making; and encourage institutions to adopt the same. l) Specify norms and processes for fixing of fee chargeable by Higher Educational Institutions and advise Central Government or State Governments as the case may be, on steps to be taken for making education affordable for all; m) Enable universities to become self-regulatory bodies for the maintenance of academic quality in higher education and research and in colleges affiliated to it; (5) Advise, when called upon to do so, the Central Government and State Governments, as the case may be, on policies relating to higher education and research in any field of knowledge therein; cause to be undertaken policy research in higher education to identify future directions and processes in higher education; (6) Monitor, through a national database, all matters concerning the development of emerging fields of knowledge, balanced growth of higher educational institutions in all spheres and academic quality in higher education and research; (7) Discharge such other functions in relation to the promotion, coordination and maintenance of standards in higher education and research as the Central Government may subject to the provisions of this Act, prescribe. (8) Submit an annual report to the Parliament on the roles, responsibilities and powers and functions discharged. 16. Authorisation to University or institution empowered to award degree or diploma to commence first academic operations(1) No higher educational institution empowered, by or under law, to award any degree or diploma established after the coming into force of this Act shall commence its first academic operations unless it is so authorized, in accordance with such norms as may be specified by the Commission: Provided further that a higher educational institution or institution Deemed to be University in existence before the commencement of this Act shall deemed to have been authorised under this Act for a period of three years from the date of notification of this Act in the gazette unless revoked in accordance with the provisions of this Act. Provided further that a Higher Educational Institution or institutions Deemed to be University shall comply to all the provisions of various Regulations notified under this Act within the stipulated period as mentioned above, otherwise authorization will be revoked. 17. Application for grant of authorization.(1) Every application for grant of authorization shall be made, by a higher educational institution or a University, to the Commission using an online e-governance module. Page 8 of 14 Draft (2) The online application may need uploading documents/photos about the availability of land, required infrastructure, teaching-learning facilities, the faculty details and such other details that the Commission would prescribe from time to time. (3) The data uploaded by the HEI shall be displayed on the official website of the HEI for the information of the general public. (4) The data provided by the HEI should be verified by the Commission in the manner laid down, so as to establish its authenticity. (5) If the data furnished is found to be false or incorrect, the Commission may decide to reject the application; and debar further application for a period extending to two years. 18. Procedure for grant of authorisation.– (1) The Commission in manner notified shall examine the application and the assessment report referred to above, to ensure that it complies with the norms of academic quality specified under regulations for grant of authorization. (2) The Commission shall, within a period as notified and after such examination referred to in sub-section (1),(a) decide to declare its intent to grant authorization if the application complies with the norms of academic quality, specified under regulations for grant of authorization; or (b) return, for reasons to be recorded in writing, the application if such application does not comply with the norms of academic quality, specified under regulations for grant of authorization: Provided that the return of the application along with the reasons so recorded shall be published on the website of the Commission. (3) The Commission shall, if it has decided to declare its intent to grant authorization under clause(a)of sub-section(2) of clause 20, issue a public notice, in such form and manner as may be specified by regulations, and place such application together with all documents received with the application, for a period as notified, on the website of the Commission. 19. Grant of Authorisation.– (1) The Commission shall, as far as practicable within a period as notified, after considering the comments or objections or clarifications under sub-section(7) of section 20 (a)issue, by notification, authorisation to such University or Higher Education Institution, as the case may be, subject to the provisions of this Act and regulations made there under; or (b)reject, by notification, the application for reasons to be recorded in writing if such application does not conform to the provisions of this Act and regulations made there under: Page 9 of 14 Draft (2) The Commission shall, while issuing the authorisation, validate, periodically at such times as maybe specified by regulations, the standards of academic quality to be achieved over the next ten years, by the University or Higher Education Institution, as the case may be, so authorised. 20. Revocation of Authorisation.(1) If the Commission, after making such enquiry as may be specified by regulations, is satisfied that public interest so requires, it may revoke, by notification, the authorization granted to as University or Higher Education Institution in any of the following cases, namely:(a) where the University or Higher Education Institution, in the opinion of the Commission, makes wilful or continuous default in doing anything required of it by or under this Act or rules or regulations made there under; (b) where the University or Higher Education Institution fails, within the period fixed in this behalf by its authorisation, or any longer period which the Commission may have granted therefor, to show, to the satisfaction of the Commission, that such University or Higher Education Institution is in a position fully and efficiently to discharge the duties and obligations imposed on it by its authorisation; or (c) where the University or Higher Education Institution has ceased to exist. (2) No authorisation shall be revoked under sub-section (1) unless the Commission has given to the University or Higher Education Institution, as the case may be, in writing, stating the grounds on which it is proposed to revoke the authorisation, and has considered any causes own by the institution or university, as the case maybe, within the period of that notice, against the proposed revocation. (3) Where the Commission revokes authorisation under this section, it shall serve an order of revocation upon the institution or university, as the case maybe, and fix a date on which the revocation shall take effect; and such revocation shall be without prejudice to the action that may be taken against it under any other law for the time being in force: Provided that the Commission may, instead of revoking the authorisation, permit it to remain in force subject to such further terms and conditions as they think fit to impose, and any further terms or conditions so imposed shall be binding upon and be observed by the HEI or university, as the case may be, and shall be of like force and effect as if they were contained in the authorisation. (4) The Commission shall publish on its website any action initiated under this section and the final decision on the revocation of the authorisation or otherwise together with all documents and reasons for such decision. (5) The Commission shall, while revoking an authorisation, take, or cause to be taken, such measures which may be necessary to protect the academic interests of students in such Higher Educational Institutions or university. Page 10 of 14 Draft 21. Annual report — The Commission 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 the Government shall cause the same to be laid before both Houses of Parliament. 22. Account and Audit. — (1) The Commission shall cause to be maintained such books of account and other books in relation to its account in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed. (2) The Commission 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 by such date, as the Central Government may, in consultation with the Comptroller and Auditor-General, determine. (3) The accounts of the Commission shall be audited by the Comptroller and AuditorGeneral at such times and in such manner as he thinks fit. (4) The annual accounts of the Commission together with the audit report thereon shall be forwarded to the Central Government and the Government shall cause the same to be laid before both Houses of Parliament and shall also forward a copy of the audit report to the Commission for taking suitable action on the matters arising out of the audit report. 23. Penalties for non-compliance: (1) If any University grants affiliation in respect of any course of study to any institution in contravention of the provisions of the regulation/rule/recommendation issued by the Commission, or violates any of the norm/standard laid down by the Commission, or fails within a reasonable time to comply with it, the Commission, after taking into consideration the cause, if any, shown by the University/Institution for such failure or contravention may impose a penalty on such University and/ or on such Institution which may include fine, or withdrawal of power to grant degrees/diplomas or direction to cease operations. (2) The Chief Executive and other members of Management of such institution who do not comply with the penalty imposed by the Commission shall be liable for prosecution as per procedure laid down under the Criminal Procedure Code and may be punished with imprisonment for a term which may extend up to three years. 24. Advisory Council (1) There shall be an Advisory Council chaired by the Union Minister for Human Resources Development, and with the Chairperson/Vice-Chairperson, members of the Commission, and Chairperson/Vice-Chairpersons of all State Councils for Higher Education as members. Page 11 of 14 Draft (2) The Advisory Council shall meet at least once in every six months for coordinated functioning of Central Government and the State Governments in the field of higher education. (3) The Advisory Council shall identify issues of coordination in implementing the laid down standards in higher education and find ways for their resolution. (4) The Commission shall take steps to implement the advice rendered by the Advisory Council. 25. Directions by the Central Government. — (1) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government. (2) In case of a disagreement arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final. 26. Act to have overriding effect: The provisions of this Act shall have overriding effect notwithstanding anything inconsistent there with contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 27. 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 appear to it to be necessary or expedient for removing the difficulty. Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as maybe after it is made, be laid before each House of Parliament. 28. 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) All matters pertaining to appointment, terms of service, disqualification of members of the Commission b) the terms and conditions of service of employees appointed by the Commission; Page 12 of 14 Draft c) the terms and conditions for the existing Chairperson/Vice Chairperson/ Secretary and employees appointed under UGC Act, 1956 and their migration to the Higher Education Commission of India keeping the cadre and benefits the same. d) the returns and information which are to be furnished by Higher Educational Institutions in respect of their financial position or standards of teaching and examination maintained therein; e) any other matter which has to be, or may be, prescribed. (3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable. 29. Power to make regulations.The Commission may make regulations in support of its internal functioning and take steps to promote quality and set standards and such Regulations so notified shall be binding on all the Higher Educational Institutions. Provided that the Regulations relating to promoting quality and setting standards shall have prior approval of Central Government. 30. Laying of rules and regulations 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. 31. Repeal and Savings– (1) The University Grants Commission Act, 1956 [3 of1956], is repealed with effect from such date, not later than one year from the date of coming into force of this Act, as the Central Government may, in consultation with the Commission, notify. (2) Notwithstanding anything contained in the Architects Act, 1972[ 20 of 1972] and the Advocates Act, 1961[ 25 of 1961], the provisions of this Act shall apply to any matter concerning the determination, co-ordination, maintenance of standards in, and promotion of, higher education and research: Provided that nothing contained in this section shall be construed as restricting the power of the Bar Council of India to specify standards of higher education concerning practice in courts: Provided further that nothing contained in this section shall be construed as restricting the power of the Council of Architecture to specify standards of higher education concerning professional practice: Page 13 of 14 Draft (3) Notwithstanding anything contained in the Indira Gandhi National Open University Act, 1985, [ 50 of 1985], the provisions of this Act shall apply to the co- ordination, determination and promotion of standards in distance education systems. (4)The repeal of the enactments mentioned in sub-section(1), herein after referred to as the said enactments, shall not affect proceedings pending in various courts immediately before the commencement of this Act, under either of the said enactments, which shall be continued and disposed of as if this Act had not been passed. (5) Any rule or regulation made under the said enactments shall continue to remain in force after coming into force of this Act as if such rule or regulation has been made under this Act which are inconsistent with the provisions of this Act till such time as any rule or regulation under this Act overriding such earlier rule or regulation is notified in the Official Gazette. (6)Any act done or purported to be done under the said enactments or rules and regulations made there under before the coming into the force of this Act shall continue to have effect irrespective of the fact that such act done or purported to be done is inconsistent with the provisions of this Act (7) On and from the date of repeal of the said enactments,(a) any reference to the said enactments in any law for the time being in force shall be construed to be a reference to this Act; (b)any reference to the University Grants Commission, in any law or rule or regulation for the time being in force or any contract or other instrument, shall be construed as a reference to the Commission established under this Act. (c)all property, movable and immovable, of or belonging to the University Grants Commission shall vest in the Commission; (d)all rights and liabilities of the University Grants Commission shall be transferred to, and be the rights and liabilities of, the Commission; (e)any reference, by whatever form of words, to the Chairman of the University Grants Commission, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the Chairman of the Commission. (8) On the dissolution of the University Grants Commission, on repeal of the said enactments, the Central Government, by notification, shall take consequential action in regard to members, officers and staff in the regular service of the University Grants Commission. (9) Save as otherwise provided elsewhere in this section, the mention of particular matters in this section, shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to the effect of repeals. ****** Page 14 of 14 THE UNIVERSITY GRANTS COMMISSION ACT, 1956 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. 3. Application of Act to institutions for higher studies other than Universities. CHAPTER II ESTABLISHMENT OF THE COMMISSION 4. Establishment of the Commission. 5. Composition of the Commission. 6. Terms and conditions of service of members. 7. Meetings of the Commission. 8. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Commission. 9. Temporary association of persons with the Commission for particular purposes. 10. Staff of the Commission. 11. Authentication of orders and other instruments of the Commission. POWERS AND CHAPTER III FUNCTIONS OF THE COMMISSION 12. Functions of the Commission. 12A. Regulation of fees and prohibition of donations in certain cases. 12B. Prohibition regarding giving of any grant to a University not declared by the Commission fit to receive such grant. 13. Inspection. 14. Consequences of failure of Universities to comply with recommendations of the Commission. 15. Payment to the Commission. 16. Fund of the Commission. 17. Budget. 18. Annual report. 19. Account and audit. Arrangement of Sections 4 CHAPTER IV MISCELLANEOUS SECTIONS 20. 21. 22. 23. 24. 25. 26. 27. 28. Directions by the Central Government. Returns and information. Right to confer degrees. Prohibition of the use of the word “University” in certain cases. Penalties. Power to make rules. Power to make regulations. Power to delegate. Laying of rules and regulations before Parliament. THE UNIVERSITY GRANTS COMMISSION ACT, 1956 (3 of 1956) [3rd March, 1956] An Act to make provision for the co-ordination and determination of standards in Universities and for that purpose, to establish a University Grants Commission. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. (1) This Act may be called the University Grants Comission Act, 1956. Short title and commencement (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires- Definitions (a) “Commission” means the University Grants Commission established under section 4; (b) “executive authority” in relation to a University, means the chief executive authority of the University (by whatever name called) in which the general administration of the University is vested; (c) “Fund” means the Fund of the University Grants Commission constituted under section 16; (d) “member’ means a member of the University Grants Commission and includes the Chairman2 (and Vice-Chairman]; (e) “prescribed’ means prescribed by rules made under this Act; 1. 5th November, 1956, vide notification No. S.R.O. 2608, dated the 1st November, 1956, see Gazette of India, 1956, Pt. II, Sec. 3, p.1882. This Act has been extended to Pondicherry by Act. 26 of 1968, s. 3 and Sch. I. 2. Ins. by Act 33 of 1972, s. 2 (w.e.f. 17-6-1972). University Grants Commission 6 [ACT 3 (Chapter I - Preliminary) (f) Application of Act to institutions for higher studies other than Universities 3. “University” means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recoginsed by the Commission in accordance with the regulations made in this behalf under this Act. The Central Government may, on the advice of the Commission, declare by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2. CHAPTER II ESTABLISHMENT Establishment of the Commission 4. Composition of the Commission 1 OF THE COMMISSION (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Commission by the name of the University Grants Commission. (2) The said Commission shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued. [5. (1) The Commission shall consist of – (i) a Chairman, (ii) a Vice-Chairman, and (iii) ten other members, to be appointed by the Central Government. (2) The Chairman shall be chosen from among persons who are not officers of the Central Government or of any State Government. (3) Of the other members referred to in clause (iii) of sub-section (1) – (a) two shall be chosen from among the officers of the Central Government, to represent that Government; 1. Subs. by. Act 33 of 1972, s. 3, for s. 5 (w.e.f. 17-6-1972) OF 1956] University Grants Commission 7 (Chapter II – Establishment of the Commission) 6. (b) not less than four shall be chosen from among persons who are, at the time when they are so chosen, teachers of Universities; and (c) the remainder shall be chosen from among persons(i) Who have knowledge of, or experience in, agriculture, commerce, forestry or industry; (ii) who are members of the engineering, legal, medical or any other learned profession; or (iii) who are Vice-Chancellors of Universities or who, not being teachers of Universities, are in the opinion of the Central Government, educationists of repute or have obtained high academic distinctions: Provided that not less than one-half of the number chosen under this clause shall be from among persons who are not officers of the Central Government or of any State Government. (4) The Vice-Chairman shall exercise such of the powers, and discharge such of the duties, of the Chairman as may be prescribed. (5) Every appointment under this section shall take effect from the date on which it is notified by the Central Government in the Official Gazette. 1 (1) A person appointed as Chairman, Vice-Chairman or other member after the commencement of the University Grants Commission (Amendment) Act, 1985 shall, unless he sooner becomes disqualified for continuing as such under the rules that may be made under this Act, – (a) in the case of Chairman, hold office for a term of five years or until he attains the age of sixty-five years, whichever is earlier; (b) in the case of Vice-Chairman, hold office for a term of three years or until he attains the age of sixty-five years, whichever is earlier; (c) in the case of any other member, hold office for a term of three years: Terms and conditions of service of members 1. Subs. by Act 70 of 1985, for sub-section (1) of Section 6 (w.e.f. 20-12-1985) 8 University Grants Commission [ACT 3 (Chapter II – Establishment of the Commission) Provided that– (i) a person who has held office as Chairman or Vice-Chairman shall be eligible for further appointment as Chairman, Vice-Chairman or other member, and (ii) a person who has held office as any other member shall be eligible for further appointment as Chairman, Vice-Chairman or other member: Provided further that a person who has held office for two terms, in any capacity, whether as Chairman, ViceChairman or other member [excluding a member referred to in clause (a) of sub-section (3) of section 5], shall not be eligible for any further appointment as Chairman, Vice-Chairman or other member. (2) A member may resign his office by writing under his hand addressed to the Central Government; but he shall continue in office until his resignation is accepted by the Central Government. 1 [(3) 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 ViceChairman holding office as such for the time being shall, withstanding anything contained in sub-section (2) of section 5, act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold the office of the Chairman for the remainder of the term of office of the person in whose place he is to so act: Provided that where no Vice-Chairman is holding office at the time, when the vacancy in the office of the Chairman occurs, the Central Government shall, notwithstanding anything contained in subsection (2) of section 5, appoint any other member to act as the Chairman and the person so appointed shall not hold the office of the Chairman for a period exceeding six months. (4) 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 a term of three years. 1. Subs. by Act 33 of 1972, s.4, for sub-sections (3) and (4) (w.e.f. 17-06-1972) OF 1956] University Grants Commission 9 (Chapter II – Establishment of the Commission) (5) The office of the Chairman and the Vice-Chairman shall be whole-time and salaried and subject thereto, the terms and conditions of service of the Chairman, Vice-Chairman and other members shall be such as may be prescribed.] 7. The Commission shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act. Meetings of the Commission 8. No act or proceedings of the Commission shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of the Commission. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Commission 9. (1) The Commission may associate with itself, in such manner and for such purposes as may be determined by regulations made under this Act, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act. Temporary association of persons with the Commission for particular purposes (2) A person associated with it by the Commission 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 Commission, and shall not be a member for any other purpose. 10. Subject to such rules as may be made by the Central Government in this behalf, the Commission may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act and the terms and conditions of service of the employees shall be such as may be determined by the Commission. Staff of the Commission 11. All orders and decisions of the Commission shall be authenticated by the signature of the Chairman or any other member authorised by the Commission in this behalf, and all other instruments issued by the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission authorised in like manner in this behalf. Authentication of orders and other instruments of the Commission University Grants Commission 10 [ACT 3 CHAPTER III POWERS Functions of the Commission 12. AND FUNCTIONS OF THE COMMISSION It shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may(a) inquire into the financial needs of Universities; (b) allocate and disburse, out of the Fund of the Commission, grants to Universities established or incorporated by or under a Central Act for the maintenance and development of such Universities or for any other general or specified purpose; (c) allocate and disburse, out of the Fund of the Commission, such grants to other Universities as it may deem 1[necessary or appropriate for the development of such Universities or for the maintenance, or development, or both, of any specified activities of such Universities] or for any other general or specified purpose: Provided that in making any grant to any such University, the Commission shall give due consideration to the development of the University concerned, its financial needs, the standard attained by it and the national purposes which it may serve, 2 [(cc) allocate and disburse out of the Fund of the Commission, such grants to institution deemed to be Universities in pursuance of a declaration made by the Central Government under section 3, as it may deem necessary, for one or more of the following purposes, namely:(i) for maintenance in special cases, (ii) for development, (iii) for any other general or specified purpose;] 1. Subs. by Act 33 of 1972, s. 5, for certain words (w.e.f. 17-6-1972) 2. Ins. by s. 5, ibid. (w.e.f 17-6-1972) OF 1956] University Grants Commission (Chapter III-Powers and Functions of the Commission) 1 [“(ccc) establish, in accordance with the regulations made under this Act, institutions for providing common facilities, services and programmes for a group of universities or for the universities in general and maintain such institutions or provide for their maintenance by allocating and, disbursing out of the Fund of the Commission such grants as the Commission may deem necessary”.] (d) recommend to any University the measures necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendation; (e) advise the Central Government or any State Government on the allocation of any grants to Universities for any general or specified purpose out of the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be; (f) advise any authority, if such advice is asked for, on the establishment of a new University or on proposals connected with the expansion of the activities of any University; (g) advise the Central Government or any State Government or University on any question which may be referred to the Commission by the Central Government or the State Government or the University, as the case may be; (h) collect information on all such matters relating to University education in India and other countries as it thinks fit and make the same available to any University; (i) require a University to furnish it with such information as may be needed relating to the financial position of the University or the studies in the various branches of learning undertaken in that University, together with all the rules and regulations relating to the standards of teaching and examination in that University respecting each of such branches of learning; (j) perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher 1. Ins. by Act 59 of 1984 (w.e.f. 1-10-1984) 11 12 University Grants Commission [ACT 3 (Chapter III-Powers and Functions of the Commission) education in India or as may be incidental or conducive to the discharge of the above functions. Regulation of fees and prohibition of donations in certain cases [(12A*)(1) In this section (a) “affiliation” together with its grammatical variations, includes, in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of, a university; (b) “college” means any institution, whether known as such or by any other name which provides for a course of study for obtaining any qualification from a university and which, in accordance with the rules and regulations of such university, is recognised as competent to provide for such course of study and present students undergoing such course of study for the examination for the award of such qualification; (c) “prosecution” in relation to a course of study, includes promotion from one part or stage of the course of study to another part or stage of the course of study; (d) “qualification” means a degree or any other qualification awarded by a university; (e) “regulations” means regulations made under this Act; (f) “specified course of study” means a course of study in respect of which regulations of the nature mentioned in sub-section (2) have been made; (g) “student” includes a person seeking admission as a student; (h) “university” means a university or institution referred to in sub-section (1) of section 22. (2) Without prejudice to the generality of the provisions of section 12 if, having regard to – (a) the nature of any course of study for obtaining any qualification from any university; (b) the types of activities in which persons obtaining such qualification are likely to be engaged on the basis of such qualification; * Ins. by S. 3 of Act 59 of 1984 (w.e.f. 1-10-84) OF 1956] University Grants Commission (Chapter III-Powers and Functions of the Commission) (c) the minimum standards which a person possessing such qualification should be able to maintain in his work relating to such activities and the consequent need for ensuring, so far as may be, that no candidate secures admission to such course of study by reason of economic power and thereby prevents a more meritorious candidate from securing admission to such course of study; and (d) all other relevant factors, the Commission is satisfied that it is necessary so to do in the public interest, it may, after consultation, with the university or universities concerned specify by regulations the matters in respect of which fees may be charged, and the scale of fees in accordance with which fees shall be charged in respect of those matters on and from such date as may be specified in the regulations in this behalf, by any college providing for such course of study from, or in relation to, any student in connection with his admission to, and prosecution of, such course of study: Provided that different matters and different scales of fees may be so specified in relation to different universities or different classes of colleges or different areas. (3) Where regulations of the nature referred to in sub-section (2) have been made in relation to any course of study, no college providing for such course of study shall – (a) levy or charge fees in respect of any matter other than a matter specified in such regulations; (b) levy or charge any fees in excess of the scale of fees specified in such regulations, or (c) accept, either directly or indirectly, any payment otherwise than by way of fees; or any donation of gift (whether in cash or kind), from, or in relation to, any student in connection with his admission to, and prosecution of, such course of study. 13 14 University Grants Commission [ACT 3 (Chapter III-Powers and Functions of the Commission) Prohibition regarding giving of any grant to a University not declared by the Commission fit to receive such grant (4) If, after making, in relation to a college providing for a specified course of study, an inquiry in the manner provided by regulations, and after giving such college a reasonable opportunity of being heard, the Commission is satisfied that such college has contravened the provisions of subsection (3), the Commission may, with the previous approval of the Central Government, pass an order prohibiting such college from presenting any students then undergoing such course of study therein to any university for the award of the qualification concerned. (5) The Commission shall forward a copy of the order made by it under sub-section (4) to the university concerned, and on and from the date of receipt by the university of a copy of such order, the affiliation of such college to such university shall, in so far as it relates to the course of study specified in such order, stand terminated and on and from the date of termination of such affiliation and for a period of three years thereafter affiliation shall not be granted to such college in relation to such or similar course of study by that or any other university. (6) On the termination of the affiliation of any college under sub-section (5), the Commission shall take all such steps as it may consider appropriate for safe-guarding the interests of the students concerned. (7) The provisions of this section and the regulations made for the purposes of this section shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.]* 1 [(12B) No grant shall be given by the Central Government, the Commission, or any other organisation receiving any funds from the Central Government, to a University which is established after the commencement of the University Grants Commission (Amendment) Act, 1972, unless the Commission has, after satisfying itself as to such matters as may be prescribed, declared such University to be fit for receiving such grant.] * Ins. by S.3 of Act 59 of 1984 (w.e.f. 1-10-1984) 1. Ins. by Act 33 of 1972, s.6 (w.e.f. 17-6-1972) and renumbered as section 12B by S.3 of Act 59 of 1984 (w.e.f. 1-10-1984). OF 1956] University Grants Commission 15 (Chapter III-Powers and Functions of the Commission) 13. (1) For the purpose of ascertaining the financial needs of a University or its standards of teaching, examination and research, the Commission may, after consultation with the University, cause an inspection of any department or departments thereof to be made in such manner as may be prescribed and by such person or persons as it may direct. (2) The Commission shall communicate to the University the date on which any inspection under sub-section (1) is to be made and the University shall be entitled to be associated with the inspection in such manner as may be prescribed. (3) The Commission shall communicate to the University its views in regard to the results of any such inspection and may, after ascertaining the opinion of the University, recommend to the University the action to be taken as a result of such inspection. (4) All communications to a University under this section shall be made to the executive authority thereof and the executive authority of the University shall report to the Commission the action, if any, which is proposed to be taken for the purpose of implementing any such recommendation as is referred to in sub-section (3). 14. If any University 1[grants affiliation in respect of any course of study to any college referred to in subsection (5) of section 12A in contravention of the provisions of that sub-section or] fails within a reasonable time to comply with any recommendation made by the Commission under section 12 or section 13, 2[or contravenes the provision of any rule made under clause (f) or clause (g) of sub-section (2) of section 25, or of any regulation made under clause (e) or clause (f) or clause (g) of section 26,] the Commission, after taking into consideration the cause, if any, shown by the University 3[for Such failure or contraventions may withhold from the University the grants proposed to be made out of the Fund of the Commission. 15. The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the 1. Ins. by S. 4 of Act 59 of 1984 (w.e.f. 1-10-1984) 2. Ins. by s. 7, ibid (w.e.f. 17-6-1972) 3. Subs. by s. 7, ibid., for certain words (w.e.f. 17-6-1972) Inspection Consequences of failure of Universities to comply with recommendations of the Commission Payment to the Commission University Grants Commission 16 [ACT 3 (Chapter III-Powers and Functions of the Commission) Fund of the Conunission 16. Budget 17. Annual report 18. Account and audit 19. Commission in each financial year such sums as may be considered necessary for the performance of the functions of the Commission under this Act. (1) The Commission 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 Commission (including any sum which any State Government or any other authority or person may hand over to the Commission) shall be carried to the Fund and all payments by the Commission 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 Commission. (3) The Commission 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 Commission. The Commission 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. The Commission 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 the Government shall cause the same to be laid before both Houses of Parliament. (1) The Commission shall cause to be maintained such books of account and other books in relation to its account in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed. (2) The Commission 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 by such date, as the Central Governments may, in consultation with the Comptroller and AuditorGeneral, determine. OF 1956] University Grants Commission 17 (Chapter III-Powers and Functions of the Commission Chapter IV - Miscellaneous) (3) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such times and in such manner as he thinks fit. (4) The annual accounts of the Commission together with the audit report thereon shall be forwarded to the Central Government and the Government shall cause the same to be laid before both Houses of Parliament and shall also forward a copy of the audit report to the Commission for taking suitable action on the matters arising out of the audit report. CHAPTER IV MISCELLANEOUS 20. (1) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government. (2) If any dispute arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final. 21. The Commission shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, from time to time, require. 22. (1) The right of conferring or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. (2) Save as provided in sub-section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree. (3) For the purposes of this section, “degree’ means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the official Gazette. Directions by the Central Government Returns and information Right to confer degrees 18 University Grants Commission [ACT 3 (Chapter IV - Miscellaneous) Prohibition of the use of the word “University” in certain cases 23. No institution, whether a corporate body or not, other than a University established or incorporated by or under a Central Act, a Provincial Act or a State Act shall be entitled to have the word “University” associated with its name in any manner whatsoever: Provided that nothing in this section shall, for a period of two years from the commencement of this Act, apply to an institution which, immediately before such commencement, had the word “University” associated with its name. Penalties 24. Whoever contravenes the provisions of section 22 or section 23 shall be punishable with fine which may extend to one thousand rupees, and if the person contravening is an association or other body of individuals, every member of such association or other body who knowingly or wilfully authorises or permits the contravention shall be punishable with fine which may extend to one thousand rupees. Power to make rules 25. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purpose 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 for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the return and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities. OF 1956] University Grants Commission 19 (Chapter IV - Miscellaneous) (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to the Central Government; (k) any other matter which has to be, or may be, prescribed. 1 [“(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.”] 26. (1) The Commission2 [may, by notification in the Official Gazette, make regulations] consistent with this Act and the rules made thereunder– (a) regulating the meetings of the Commission and the procedure for conducting business thereat; (b) regulating the manner in which and the purposes for which persons may be associated with the Commission under section 9; (c) specifying the terms and conditions of service of the employees appointed by the Commission; (d) specifying the institutions or class of institutions which may be recognised by the Commission under clause (f) of sub-section 2; (e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University, having regard to the branch of education in which he is expected to give instruction; (f) defining the minimum standards of instruction for the grant of any degree by any University; 1. Subs. by s. 5, ibid (w.e.f. 1-10-1984) 2. Subs. by s. 6, Ibid., for certain words (w.e.f. 1-10-1984) Power to make regulations University Grants Commission 20 [ACT 3 (Chapter IV - Miscellaneous) Power to delegate 1. 2. 3. 4. 5. (g) regulating the maintenance of standards and the co-ordination of work or facilities in Universities. 1 [“(h) regulating the establishment of institutions referred to in clause (ccc) of section 12 and other matters relating to such institutions; (i) specifying the matters in respect of which fees may be charged, and scales of fees in accordance with which fees may be charged, by a college under sub-section (2) of section 12A; (j) specifying the manner in which an inquiry may be conducted under sub-section (4) of section 12A;”] (2) No regulation shall be made under clause (a) or clause (b) or clause (c) or clause (d) 2[or clause (h) or clause (j) or clause (j)] of sub-section (1) except with the previous approval of the Central Government. 3 [(3) The power to make regulations conferred by this section [except clause (i) and clause (j) of subsection (1)] shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the regulations or any of them but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.”] 4 [27. (1) The Commission may, 5[by regulations made, by notification in the Official Gazette,] under this Act, delegate to its Chairman, Vice-Chairman or any of its officers, its power of general superintendence and direction over the business transacted by, or in, the Commission, including the powers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the Commission. (2) No regulation shall be made under this section except with -the previous approval of the Central Government.] Ins. be s. 6 of Act 59 of 1984 Ins. by s. 6(b), ibid (w.e.f. 1-10-1984) Ins. by s. 6(c), ibid (w.e.f. 1-10-1984) Ins. by Act 33 of 1972, s. 8 (w.e.f. 17-6-1972) Subs. by s. 7, ibid (w.e.f. 1-10-1984) OF 1956] University Grants Commission 21 (Chapter IV - Miscellaneous) 1 [“28. 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.”] 2 [No rule made or purporting to have been made, with retrospective effect, under section 25 of the principal Act before the commencement of this Act shall be deemed to have been invalid or ever to have been invalid merely on the ground that such rule was made with retrospective effect and accordingly every such rule and every action taken or thing done thereunder shall be as valid and effective as if the provisions of section 25 of the principal Act, as amended by this Act, were in force at all material times when such rule was made or action or thing was taken or done.] 1. Ins. by s. 8, ibid (w.e.f. 1-10-1984) 2. Vide s. 9, lbid (w.e.f. 1-10-1984) Laying of rules and regulations before Parliament Validation