The Andhra Pradesh Private Universities (Establishment And Regulation) (Amendment) Act, 2023

[40 of 2023]

[27th October 2023]

AN ACT FURTHER TO AMEND THE ANDHRA PRADESH PRIVATE UNIVERSITIES (ESTABLISHMENT AND REGULATION) ACT, 2016.

Be it enacted by the legislature of the State of Andhra Pradesh in the Seventy - fourth Year of Republic of India as follows,-

Section - 1. Short title and commencement

(1)     This Act may be called the Andhra Pradesh Private Universities (Establishment and Regulation) (Amendment) Act, 2023.

(2)     It shall be deemed to have come into force with effect on and from the 6th August, 2021.

Section - 2. Amendment of Section 2

In the Andhra Pradesh Private Universities (Establishment and Regulation) Act, 2016. (herein after referred to as the Principal Act), in Section 2, -

(i)       In clause (3-A),-

(a)      In sub-clause (ii), for the words "Under Graduate and Post Graduate", the words "Undergraduate and Postgraduate" shall be substituted.

(b)      For sub-clause (iii), the following shall be substituted, namely, -

"(iii) possessing valid institutional Accreditation by NAAC with at least 3.2 CGPA for two cycles OR NBA accreditation fortwo-thirds of eligible programmes for two cycles OR NIRF rank among top 50 in any specific category / among top 100 in overall rankings for two years; and"

(c)      For sub-clause (v), the following shall be substituted, namely, -

"(v) Possessing tie-up for Joint Certification of Degrees for all programmes of study, with at least one of the top 100 Universities in the latest rankings of world-renowned ranking frameworks (such as Times Higher Education or QS World University Rankings) as a pre-requisite; and"

(ii)      In clause (13),-

(a)      In the opening paragraph, the words" from scratch" shall be omitted;

(b)      In sub-clause (iii). for the expression":" the words and expression "; and" shall be substituted.

(c)      After sub clause (iii) and before the provisos thereunder, the following shall be inserted, namely, -

"(iv) Possessing tie-up for Joint Certification of Degrees for all programmes of study, with at least one of the top 100 Universities in the latest rankings of world-renowned ranking frameworks (such as Times Higher Education or QS World University Rankings) as a pre-requisite.".

Section - 3. Amendment of Section 11

In the Principal Act, in Section 11, for the words "issuing a notification amending the schedule", the words "duly amending the schedule of the Act through AP State Legislature" shall be substituted.

Section - 4. Insertion of new section

In the Principal Act, after Section 11, the following new section shall be inserted, namely-,

"11-A. (1) The Sponsoring Body for establishment of an institution under the Act, which got an Lol on or after the commencement of the Andhra Pradesh Act No.20 of 2021 (i.e., 06.08.2021), shall secure tie-up for Joint Certification of Degrees as required under the applicable Clause (13) or (3-A) of Section 2 of the Act.

(2) Notwithstanding anything contained in this law or any other law for the time being in force, until the time such institution secures tie-up for Joint Certification of Degrees as required under the Act, they shall not function as a degree awarding Universities and they will be given "consent to pursue" status for securing tie-up for Joint Certification of Degrees and the institution.

(a)      shall function as a College(s) by affiliating itself to a State University of the concerned jurisdiction for all of its programmes of study

(b)      shall be regulated by the rules of admission and seat sharing etc., as applicable to a College affiliated to the State University.

(3) From the time the institution secures a tie-up for Joint Certification of Degrees as required under the Act, to the satisfaction of the Expert Committee constituted under Section 8 of the Act, it shall be notified by the Government as a University entitled to award its joint degrees."

Section - 5. Amendment of Section 33

In the Principal Act, in section 33, for the words "full autonomy" wherever they occur, the words "full autonomy subject to other provisions of this Act" shall be substituted.

Section - 6. Amendment of Section 33A

In the Principal Act, in Section 33-A, for sub-section (1), the following shall be substituted, namely-

"(1) (a) The Greenfield or Brownfield University shall earmark Government Quota of fifty percentage (50%) of seats in the Medical and Dental allied programmes of study and minimum thirty-five percentage (35%) of seats in every other programme of study and admit students in accordance with the rules as may be prescribed;

(b) For all programmes of study offered by the Greenfield or Brownfield institution established under the Act on or after 06.08.2021, until the time it secures tie-up for Joint Certification of Degrees as required under the Act, the rules of admission and seat sharing in the approved intake shall be regulated by the concerned rules of admission and seat sharing as applicable to a College as defined under Section 2(4-A) of the Act, as amended from time to time. Further, the seats provided for Government/ Convenor Quota in all the programmes offered till then will continue to be under Government Quota even after securing tie-up for Joint Certification of Degrees.

Provided that in respect of any additional intake in the existing programmes subsequent to securing tie- up for Joint Certification of Degrees, the Greenfield or Brownfield University shall earmark fifty percentage (50%) of seats in the Medical and Dental allied programmes of study and minimum thirty-five percentage (35%) of seats in every other programme of study."

Section - 7. Amendment of Schedule

In the Principal Act, in Schedule, after serial No,8 the following entries shall be inserted, in Columns 1,2,3,and 4 respectively namely-

Section - 8. Repeal and savings of the ordinance No. 8

(1)     the Andhra Pradesh Private Universities (Establishment and Regulation) (Amendment) Ordinance, 2023 is hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.