UGC [Institutions Deemed to be
Universities] Regulations, 2016
[11th
July, 2016]
Preamble
To regulate, in an orderly
manner, the process of declaration of institutions as deemed to be
universities; preventing institutions of dubious quality from being so declared;
and, further to maintain quality of higher education imparted by institutions
deemed to be universities consistent with the ideals of the concept of a
university; the University Grants Commission, in exercise of powers conferred
under clauses [f] & [g] of sub-section [1] of Section 26 of the University
Grants Commission Act, 1956, hereby, makes the following Regulations namely:—
Regulation - 1. Short title, application and commencement
1.1. These Regulations may
be called the UGC [Institutions Deemed to be Universities] Regulations,
2016.
1.2. These Regulations
shall apply to every institution seeking declaration as an institution deemed
to be university under the Act as also, albeit prospectively, to an institution
which has been declared as an institution deemed to be university under Section
3 of the UGC Act, 1956.
1.3. They shall come into
force with effect from the date of their notification in the Official Gazette.
1.4. These Regulations
shall replace the UGC (Institutions Deemed to be Universities) Regulations,
2010 and its subsequent amendments.
Regulation - 2. Definitions
In these Regulations,
unless the context otherwise requires:
2.01. “Act” means the
University Grants Commission Act, 1956 [Act 3 of 1956].
2.02. “Campus” means Campus
of the institution deemed to be university at its headquarters, wherein its
major facilities, faculty, staff, students and its Academic Departments are
located in a city/town/village in India. ‘Off-Campus centre’ means an approved
(by the Central Government) centre of the institution deemed to be university
beyond its Campus in the country. Headquarters includes all the campuses
situated in the same city/town/village.
2.03. “Commission” means
the University Grants Commission (UGC) constituted under the Act or any other
body empowered to regulate an institution deemed to be university under any law
for the time being in force.
2.04. “Committee of
Experts” means a Committee appointed by the Commission consisting of academics,
researchers or other experts in the relevant fields of knowledge and notified
under these Regulations for such purpose as it may specify; and there may be as
many Committees of Experts as the Commission may determine for different
purposes.
2.05. “Constituent
Institution” means an institution operating under the administrative, academic
and financial control of the sponsoring body and declared as such under the
Notification.
2.06. “Constituent Unit”
means those units of the Institution which were existing at the time of
submission of proposal to be declared as an Institution Deemed to be
University.
2.07. “De-novo Institution”
means an institution with the focus on teaching and research in unique and
‘emerging areas of knowledge’, so determined by peers of the academic
community.
2.08. “Emerging area of
knowledge” in the context of De-Novo Institutions means such areas
which are considered desirable and useful but not currently taught in the
country.
2.08. “Government” means
the Central Government, unless the context so specifies.
2.10. “Institution” means
an institution for higher education engaged in teaching and research at the
undergraduate, post-graduate or higher levels.
2.11. “Institution deemed
to be university” means an institution for higher education so declared, on the
recommendation of the Commission, by the Central Government under Section 3 of
the Act.
2.12. “Necessary
Infrastructure” means infrastructure as required under the norms of concerned
Statutory Body/Commission.
2.13. “Processing Fee”
means the charges that have to be paid by the applicant institution to the
Commission along with the application for processing such application. This
amount shall take into account the expenditure to be incurred by the Commission
for processing an application that shall include onsite visits of Expert
Committees of the Commission. The Commission shall prescribe the processing fee
and revise it from time to time.
2.14. “Notification” means
a notification issued by the Central Government in the Official Gazette
declaring an institution for higher education, as an institution deemed to be
university u/s 3 of the Act.
2.15. “Sponsoring body”
means a body being a charitable or a not-for-profit Society/Trust/Company under
Section 8 of Companies Act, 2013 making an application for declaring an institution
under its administrative, academic and financial control as a deemed to be
university.
2.16. “Statutory
body/authority/council” means a body constituted under any law for the time
being in force for determining or maintaining standards of quality in the
relevant areas of higher education and bodies known as All India Council for
Technical Education (AICTE), Medical Council of India (MCI), Dental Council of
India (DCI), National Council for Teacher Education (NCTE), Bar Council of
India (BCI), Indian Nursing Council (INC), or any other such regulatory body
established under an Act of Parliament, shall be the Statutory bodies for the
purposes of these Regulations.
Regulation - 3. Objectives of an institution deemed to be university
The objectives for which an
institution is declared by the Government as an institution deemed to be
university shall be:
3.1. To provide for higher
education leading to excellence and innovations in such branches of knowledge
as may be deemed fit primarily at post-graduate and research degree levels
fully conforming to the concept of university, namely, University Education
Report (1948) and the Report of the Committee on Renovation and Rejuvenation of
Higher Education in India (2009) and the Report of the Review Committee for Deemed
to be Universities (2009).
3.2. To engage in areas of
specialization with proven ability to make distinctive contributions to the
objectives of the higher education system.
3.3. To provide for high
quality teaching and research and for the advancement of knowledge and its
dissemination through various research programmes undertaken in-house by full
time faculty/research scholars (PhDs and Post Doctoral) in diverse disciplines.
3.4. To enable creation of
institutions deemed to be university under the ‘gde novo’ category devoted to
unique and emerging areas of knowledge, not being pursued by conventional or
existing institutions - particularly in specific areas of study and research
preferably sponsored by the Government of a State/UT or the Central Government
regarded as important for strategic needs of the country or for the
preservation of our cultural heritage, so determined by a well laid-out process
of wide consultation with eminent peers of academic community.
Regulation - 4. Eligibility criteria for an institution to be declared as an institution deemed to be university
An institution applying to
be declared as an institution deemed to be university shall have to meet the
following stipulations:—
(a)
Eligibility criteria
4.1. Has been accredited
with highest grade by NAAC and/or by NBA continuously for two cycles and again
gets highest grade in the third cycle continuously (five year cycle). In case
of NBA, such accreditation should be for all its eligible courses.
OR
Should have the highest
NAAC/NBA category at the time of application, and in the immediately previous
NAAC/NBA cycle, and should be in top 20 in any specific category or in top 100
of overall ranking of National Institute Ranking Framework (NIRF) ranking at
the time of application and in immediately previous two years. In case of NBA,
such accreditation should be for all its eligible courses.
4.2 Has demonstrated the
characteristics of a university through diverse curricular provisions,
contribution to teaching; and, verifiable research output.
4.3 Has under graduate
and atleast five post graduate departments in existence for 3 years with
research programmes.
4.4 Shall be engaged in
research activity, publications and scholarly works and shall have
doctoral/post-doctoral research programmes. The faculty in Humanities, Social
Sciences, Languages shall have atleast 10 publications and Faculty of
Sciences/Medicine/Engineering shall have at least 15 publications per year in
refereed journals listed by UGC and having an impact factor.
4.5 Shall have adequate
number of full-time fully qualified faculty for teaching and research as per
UGC/concerned Statutory Council(s) norms.
4.6 Shall possess the
necessary infrastructure for quality research and seamless access to modern
information resources.
4.7 Shall have a proven
record of securing merit-based extramural research funding from various
public/private agencies.
4.8 Shall have a record
of extension services and societal engagement.
4.9 Each constituent unit
included in the original proposal shall have continuous accreditation for two
cycles with the highest grade offered and also gets valid highest grade for
third cycle, either from National Assessment and Accreditation Council (NAAC)
and/or all its eligible courses shall be accredited continuously for two cycles
(five year each) with the highest grade offered and also gets highest grade in
the third cycle, which is currently valid, by National Board of Accreditation
(NBA) or an accreditation agency recognized by the Commission from time to
time.
4.10 Shall undertake not
to offer any programme in the distance mode.
(b)
Conditions
4.11 The applicant
institutions shall be a not-for-profit organization and shall not be engaged in
commercialization of higher education.
4.12 The applicant
institution shall not have violated any of the provisions of any of the
statutes/guidelines of UGC/any Statutory Authority in the period of five years
preceding the date of submission of the application seeking status of an
institution deemed to be university.
Regulation - 5. Governance system for an institution to be declared as an institution deemed to be university
An institution to be
declared as a deemed to be university shall adhere to the following criteria:
5.1 The proposed
institution deemed to be university shall be registered as a not-for-profit
Society under the Societies Registration Act, 1860 or as a not-for-profit Trust
under the Public Trust Act, or as a not-for-profit company under Section 8 of
the Companies Act, 2013 (hereinafter referred to as the Managing Society/Trust/Company),
which shall be owned by a not-for-profit Society registered under the Societies
Registration Act, or a not-for-profit Trust registered under the Public Trust
Act, or a not-for-profit company registered under Section 8 of the Companies
Act, 2013 (hereinafter referred to as the Sponsoring Society/Trust/Company), or
in case of a Government controlled deemed to be university, by the Government:
Provided that the
members/trustees/promoters of a Managing Society/Trust/Company of a deemed to be
a university, not being a Government Controlled deemed to be university, shall
not be directly or indirectly connected with the members/trustees/promoters of
the sponsoring Society/Trust/Company.
5.2 Among the authorities
of the deemed to be universities, there shall be a Chancellor who shall be
appointed by the sponsoring Society/Trust/Company and shall be a distinguished
public figure.
5.3 The Sponsoring body
of deemed to be universities may also appoint a person as a Pro Chancellor,
whose role would be limited to carrying out the tasks assigned to the
Chancellor in these Regulations, when the latter is not available for carrying
out the same.
5.4 The highest governing
body of the deemed to be university shall be a Board of Management to be headed
by the Vice Chancellor. This body shall consist of a minimum of ten members and
a maximum of fifteen members.
5.5 The Board of
Management of the institution shall be independent of the sponsoring
Society/Trust/Company and managing Society/Trust/Company with full autonomy to
perform its academic and administrative responsibilities. The number of
representative(s)/nominee(s) of the Sponsoring Society/Trust/Company on the
Board of Management shall be limited to a maximum of four.
5.6 The Board of
Management shall consist of eminent persons capable of contributing to and
upholding university ideals and traditions.
5.7 There shall be a
Board of Management consisting of the following:—
(i) Vice-Chancellor……….Chairperson.
(ii) Pro Vice-Chancellor
(wherever applicable).
(iii) Deans of Faculties not
exceeding two (by rotation based on seniority).
(iv) Three eminent academics as
nominated by the Chancellor, who shall have worked at the rank of professor and
shall neither be from the Institution or the sponsoring body nor be their
relatives.
(v) A representative of
Government (respective Central Government Ministry/respective State Government)
who shall be an eminent academic not below the rank of Professor, in case the
institutions are controlled and managed by Government or receiving grants more
than or equal to 50% of its expenditure (based on average of previous three
year account) from the Government directly or through its agencies. In all
other Deemed to be Universities, the UGC shall nominate a representative. The
UGC will nominate its representative from a panel of names selected through a
Search Committee. The Search Committee will be formed as per details &
procedure as mentioned in Clause 5.0 of Annexure I of these
Regulations for selecting the panel of names.
(vi) Two teachers (from Professors,
Associate Professors) by rotation based on seniority
(vii) One teacher by rotation of
the rank of Assistant Professor.
(viii) Maximum of four nominees of
the sponsoring Society/trust/company
(ix) The Registrar, who shall be
the Secretary
The term of membership of
the Board of Management and its powers are as shown in Annexure 1.
5.8 The Vice Chancellor
shall be an eminent academic and shall be appointed in the manner laid down
under clause 6.2 in Annexure 2.
5.9 All other authorities
of the deemed to be university shall be as described in Annexure 2.
5.10 Notwithstanding
anything contained in these Regulations, the governance system and management
structure of a Government Controlled institution Deemed to be University may be
in accordance with the decision of the Central Government or the State
Government, as the case may be.
Regulation - 6. Admissions and fees structure
6.1 No institution deemed
to be university shall, for admission in respect of any course or programme of
study conducted in such institution, accept payment towards admission fee and
other fees and charges:—
(a) which is a capitation fee
or donation in whatever nomenclature or form;
(b) other than such fee or
charges for such admission, which has been declared by it in the prospectus for
admission against any such seat, and on the website of the institution,
Provided if there are any
fees prescribed in accordance with the Fee Regulations framed by the Government
or by the Commission from time to time, then the fees or other charges for
admission shall not exceed the same;
(c) without a proper receipt in
writing issued for such payment to the concerned student admitted in such
institution.
6.2 (1) No institution
deemed to be university shall charge any fee for an admission test other than
an amount representing the reasonable cost incurred by it in conducting such
test:
Provided further that an
institution deemed to be university shall not engage in commercialization of
education in any manner whatsoever, and shall provide for equity and access to
all deserving students.
(2) In case an admitted
student does not join the institution within 7 days of opening of the
Institution, the Institution shall refund:
(a) In case the student informs
of his intention not to join the institution at least 7 days before the start
of the academic session, then 100% of the fees collected minus the processing
charges, which shall not be more than Rs 10000, or any other amount fixed by
UGC. The same shall be refunded within 15 days of receipt of information from
the student.
(b) In case no such information
is given by the student but the Institution is able to fill up the seat so
vacated, then 100% of the fees collected minus the processing charges, which
shall not be more than Rs 10000, or any other amount fixed by UGC. The same
shall be refunded within 15 days of request of refund from the student or the
expiry of 30 days after opening of academic session, whichever is later.
(c) In case no such information
is given by the student and the Institution is not able to fill up the seat
even by the end of 30 days after the opening of academic session, then 50% of
the fees collected minus the processing charges, which shall not be more than
Rs 10000, or any other amount fixed by UGC. The same shall be refunded within
15 days of request of refund from the student or the expiry of 30 days after
opening of academic session, whichever is later.
(3) If a student joins the
Institution, and then leaves it in mid-session then the entire fees collected
shall be forfeited.
6.3 Admission of students
to an institution deemed to be university, public or private, shall be made in
the following manner:
(i) In case the appropriate
statutory authority has specified the process of selection for admission to any
course, or programme of study in any institution which includes conducting
competitive admission test for ascertaining the competence of any person to
pursue such course or programme of study, in that case, no person shall be
admitted to such course or programme of study in such institution, except
through an admission test conducted by a recognized body or such institution or
a group of institutions if such institution or group of institutions have been
so authorised by the Central Government or a State Government or any statutory
authority.
(ii) In case the process of
selection for admission to any course or programme of study in any institution
including conducting competitive admission test has not been specified under
sub-clause (i), in that case, no person shall be eligible for admission to such
course or programme of study in such institution except through inter se merit
to be specified in the prospectus of each institution and the inter se merit so
arrived at shall be published on the website of the institution, along with the
scores attained by all individuals in each of the parameters taken into
reckoning for arriving at such inter-se list: Provided that admission of
Non-Resident Indians (NRI)/Persons of Indian Origin (PIO)/Foreign students to
institutions deemed to be universities shall be governed by the
Guidelines/Regulations framed by the Commission in this behalf from time to
time.
6.4 Every institution
deemed to be university shall—
(a) maintain the records of the
entire process of selection of candidates, and preserve such records for a
minimum period of five years;
(b) exhibit such records on its
website; and
(c) be liable to produce such
record, whenever called upon to do so by any statutory authority or by the
Government under any law for the time being in force.
6.5 Every institution
deemed to be university shall publish, before expiry of sixty days prior to the
date of the commencement of admission to any of its courses or programmes of
study, a prospectus containing the following for the purposes of informing those
persons intending to seek admission to such institution and the general public,
namely:—
(i) each component of the fee,
deposits and other charges payable by the students admitted to such institution
for pursuing a course or a programme of study, and the other terms and
conditions of such payment;
(ii) the percentage of tuition
fee and other charges refundable to a student admitted in such institution in
case such student withdraws from such institution before or after completion of
course or programme of study and the time within, and the manner in, which such
refund shall be made to the student;
(iii) the number of seats
approved in respect of each course or programme of study for the academic year
for which admission is proposed to be made;
(iv) the conditions of eligibility
including the minimum and maximum age limit of persons for admission as a
student in a particular course or programme of study, where so specified by the
institution;
(v) the educational
qualifications specified by the relevant statutory authority/body, or by the
institution, where no such qualifying standards have been specified by any
statutory authority;
(vi) the process of admission
and selection of eligible candidates applying for such admission, including all
relevant information in regard to the details of test or examination for
selecting such candidates for admission to each course or programme of study
and the amount of fee to be paid for the admission test;
(vii) details of the teaching
faculty, including therein the educational qualifications and teaching
experience of every member of its teaching faculty and also indicating therein
whether such, member is on regular basis or visiting basis;
(viii) the minimum pay and other
emoluments payable for each category of teachers and other employees;
(ix) the ranking of the
Institution under National Institutional Ranking Framework for the last three
years (if available)
(x) information in regard to
physical and academic infrastructure and other facilities including hostel
accommodation, library, hospital or industry wherein the practical training to
be imparted to the students and in particular the facilities accessible by
students on being admitted to the institution;
(xi) broad outline of the
syllabus specified by the appropriate statutory body or by institution, as the
case may be, for every course or programme of study, including the teaching
hours, practical sessions and other assignments;
(xii) all relevant instructions
in regard to maintaining the discipline by students within or outside the
campus of the institution, and, in particular, such discipline relating to
prohibition of ragging of any student or students and the consequences thereof
and for violating the provisions of any regulation in this behalf made under
the University Grants Commission Act, 1956 or any other law for the time being
in force.
Provided that the
institution deemed to be university shall publish information referred to in
items (i) to (xi) of this clause on its website, and the attention of the
prospective students and the general public shall be drawn to such publication
on the website through advertisements displayed prominently in the different
newspapers and through other media;
Provided further that the
institution deemed to be university may publish prospectus in accordance with
this clause at any time before the expiry of sixty days specified under this
clause.
6.6 Every institution
deemed to be university shall fix the price of each printed copy of the
prospectus, being not more than reasonable cost of its publication and
distribution and no profit be made out of this publication, distribution or
sale of prospectus.
6.7 No institution deemed
to be university shall, directly or indirectly, demand or charge or accept,
capitation fee or demand any donation, by way of consideration for admission to
any seat or seats in a course or programme of study conducted by it.
6.8 No person shall,
directly or indirectly, offer or pay capitation fee or give any donation, by
way of consideration either in cash or kind or otherwise, for obtaining
admission to any seat or seats in a course or programme of study in any
institution deemed to be university.
6.9 No institution deemed
to be university, who has in its possession or custody, of any document in the
form of certificates of degree, diploma or any other award or other document
deposited with it by a person for the purpose of seeking admission in such
institution, shall refuse to return such degree, certificate award or other
document with a view to induce or compel such person to pay any fee or fees in
respect of any course or programme of study which such person does not intend
to pursue or avail any facility in such institution.
6.10 In case a student,
after having admitted to an institution deemed to be university, for pursuing
any course or programme of study in such institution, subsequently withdraws
from such institution, no institution in that case shall refuse to refund such
percentage of fee deposited by such student and within such time as has been
mentioned in the prospectus of such institution.
6.11 No institution deemed
to be university shall, issue or publish—
(a) any advertisement for
inducing students for taking admission in the institution, claiming to be
recognized by the appropriate statutory authority where it is not so
recognized; or
(b) any information, through
advertisement or otherwise in respect of its infrastructure or its academic
facilities or of its faculty or standard of instruction or academic or research
performance, which the institution, or person authorized to issue such advertisement
on behalf of the institution knows to be false or not based on facts or to be
misleading.
6.12 On being declared an
institution deemed to be university, an institution shall admit students to its
approved academic programme, under its enrolment, only from the academic
session that follows the Notification issued by the Central Government:
Provided that enrolment of
students to the institution, for any reason whatsoever, in anticipation of the
declaration as an institution deemed to be university or inclusion of the
institution under the ambit of an institution deemed to be university, shall
render the application invalid:
Provided further that the
students already on the rolls of the institution prior to the date of
application for declaration as an institution deemed to be university or its
inclusion under the ambit of an institution deemed to be university shall
continue to be students, for all purposes, of the affiliating university with
whom they have already been enrolled, and shall also be awarded degree only by
that affiliating university.
Regulation - 7. Infrastructure and other facilities
7.1 It shall have the
necessary financial and infrastructural viability for administering and
maintaining the institution as an institution deemed to be university and the
management capable of contributing to the university ideals and traditions and
enhancing the quality of teaching, research and extension activities.
7.2 It shall have the
following minimum infrastructure and other facilities:
7.2.1 Land and Buildings:—
(i) Administrative Building of
at least 1,000 sq. meters.
(ii) Academic Building,
including library, lecture theatres and laboratories, of at least 15,000 sq.
meters, of which the central library alone being of about 2000 sq. meters.
(iii) Some residential
accommodation for teachers, guest house and hostel accommodation for students
shall be in existence at the time of applying for declaration as an institution
deemed to be university. Hostel accommodation shall be gradually increased to
at least 25% of the students within 3 years of existence of institution deemed
to be university. The floor area for hostel facilities shall be 10 sq. mts. per
student proposed to reside.
Provided that if the
Institution is proposed to be set up in metropolitan area/urban area and if the
proposed Institution has space constraints, the hostel facilities for students
and residential facilities for academic and non-academic staff can be
established at a place within 5 km radius from the main campus.
(iv) The minimum requirement for
open space shall be 40% of the total area of the Institution.
(v) The minimum area for
playground having multi sports facilities shall be 25,000 sq. mts.
(vi) The Institution shall have
adequate health care facility within the campus for students, faculties, staff
or any other members.
(vii) The Institute shall have
barrier free approach and appropriate safety measures (fire fighting, etc.).
(viii) Equipment, Books, Journals
and other infrastructural facilities:
Equipment, Books and
Journals of the institution shall be commensurate with the size and activities
of the institution and shall satisfy the requirements of the
Statutory/Regulatory body concerned. The institution shall also have Broadband
Connectivity of appropriate level in order to cater to the needs of self
learning/virtual experiments/hands on techniques as well as provide electronic
access to journals, books and other learning materials.
(ix) In case of
multi-disciplinary Institution, the aggregate land requirement shall be the sum
of the land area prescribed by various Statutory Councils for all courses. In
case the institution is engaged in conducting professional programmes of study,
the prevailing norms and standards of the respective Statutory Body for
building infrastructure shall be applicable, in addition to the above.
(x) The infrastructure
requirement shall be evaluated taking into consideration the future expansion
proposed in the application along with requirement of land for hostel and
allied facilities for the student. The infrastructure requirement shall be
ensured before starting new courses/programme/department/school/centre in the
existing campus.
7.3 Academic
Programmes
Ø Academic program
shall offer sufficient scope for interdisciplinary learning and research
Ø Delivery of program
shall be based on innovative teaching and learning process and evaluation
system
Ø Shall be supported
by adequate qualified faculty as per the norms of UGC/concerned Statutory
Council(s).
7.3.2 It shall have under
graduate and at least five postgraduate academic Departments in existence for
at least 3 years with every Department having in position a minimum permanent
faculty of one Professor, two Associate Professors and four Assistant
Professors for general courses and in case of courses in other disciplines such
as Engineering & Technology, Medicine, Dental, Nursing, Pharmacy,
Physiotherapy etc. the faculty shall be as per the norms and guidelines of the
respective Statutory Council having the qualifications and pay scales
prescribed by the Commission/respective Statutory Council together with the
necessary supporting technical and ministerial staff as per the norms and
standards laid down by the respective Statutory body.
Provided that for the first
three years after notification as a deemed university, instead of a Professor,
the Institution may appoint an Associate Professor or Assistant Professor,
keeping the overall number of faculty as a minimum of seven per Department.
7.3.3 It shall have
counselling facilities for weaker students and for students with different
abilities and special teaching learning assistance programmes for such
students.
7.4 Financial Viability:
The financial viability of
the institution shall be verifiable by the audited statements of accounts of
the institution for the previous five years immediately preceding the date of
application for declaration as deemed to be university
7.5 Corpus Fund:
7.5.1 In the case of
Institutions not maintained or financed by the Government, the following Corpus
Fund shall be created and maintained permanently in the name of the proposed
institution deemed to be university by way of irrevocable Government Securities
or other forms approved by the Commission:
(a) For institutions conducting
professional programmes, such as Engineering & Technology, Medicine - Rs.
15.00 crore
(b) For institutions conducting
programmes, such as Management, Law, Education - Rs. 8.00 crore
(c) For institutions conducting
other programmes - Rs. 7.00 crore
(d) For institutions conducting
both professional and other programmes - Rs. 18.00 crore
(e) For institutions
under de novo category - Rs. 40 crore
7.5.2 The Corpus fund shall
not be liquidated without prior permission of the Commission
7.5.3 The Commission shall
have the power to direct any upward revision of the Corpus Fund from time to
time. The extent of corpus fund shall be reviewed by the Commission every five
years and any upward revision so ordered shall not exceed the rate of inflation
(measured through Wholesale Price Index) for that period.
7.5.4 The interest accrued
on the Corpus Fund may be used only for the purpose of development of the
institution deemed to be university.
7.5.5 In the event of
withdrawal of declaration of ‘deemed to be university’ status or dissolution of
the Managing Society/Trust/Company of the institution deemed to be university,
the Corpus Fund shall stand transferred to the Commission for meeting the
liabilities, if any:
Provided that in case of a
public funded deemed to university, the Corpus Fund shall be transferred to the
Central Government or the State Government, as the case may be.
7.5.6 The provisions
related to corpus fund shall be applicable only to those deemed universities
which come into existence after notification of the UGC (Institutions Deemed to
be Universities) Regulations, 2010. However, in the case of Government
Controlled institutions, the commitment of the State/UT or the Central
Government to fund them continuously shall be considered as sufficient.
7.6 All movable and
immovable properties of the institution or institutions that form the integral
part of the proposed institution deemed to be university shall remain legally
vested in the name of the institution in the manner as recognized under the
Transfer of Property Act, 1882 or any other law which may be in force. The land
and other assets of the Institution shall be transferred legally by the
sponsoring Trust/Society/Company to the institution deemed to be university
within one year of the declaration of the Institution as Deemed to be
University. The sponsoring Trust/Society/Company shall give an undertaking
alongwith the application to the effect that the land and other assets shall be
transferred legally to the Institution Deemed to be University within one year
of the notification declaring the Institute as Deemed to be University.
However, in case the immovable property has been acquired by the institution by
way of lease, the lease shall be perpetual in nature and initially for at least
30 years which shall be extended further.
Provided that if such
transfer of property does not take place within the one year period then the
provisional status of deemed university shall be withdrawn by the Government.
7.7 The income and property
of the institution, howsoever derived, shall be utilized only for the promotion
of the objectives of the institution including its growth and development. No
portion of the income/property of the institution shall be paid or transferred,
directly or indirectly by way of profit, to the persons who were/are members of
the institution, provided that nothing herein contained shall prevent the
payment in good faith or remuneration to any member thereof or to any other
person in return for any service rendered to the institution or for travelling,
halting and other similar charges, and all such expenditure shall be
appropriately reflected in the accounts of the institution, maintained for the
purpose.
Regulation - 8. Procedure for being declared as an institution deemed to be a university
8.01 The institution
fulfilling the minimum eligibility criteria as laid down in these Regulations
for considering proposals for declaration as an institution deemed to be a
university may send its application in duplicate in the prescribed Proforma to
the Secretary, Ministry of Human Resource Development, Department of Higher
Education, Government of India. The application shall also be submitted online
on UGC website. Processing fees for each application shall be paid to the
Commission by way of a Demand Draft drawn in favour of The Secretary,
University Grants Commission, Bahadurshah Zafar Marg New Delhi 110002.
8.02 It shall submit a
certificate as also an undertaking along with its application to the effect
that the professional programmes already being conducted by it, if any, have
the approval of the relevant Statutory/Regulatory bodies like AICTE, MCI, DCI,
NCTE, BCI, INC, etc., along with a duly attested copy of the letter of approval
granted to it by such bodies. In addition, each application shall be
accompanied by an essentiality certificate from the State Government concerned,
wherever necessary.
8.03 It shall also submit,
along with its application, a certificate from the affiliating
university/affiliating universities, as the case may be, to the effect that the
students already admitted in the institution or institutions that is/are to
become integral part of the proposed institution deemed to be University
institution enrolled under the said affiliating university/affiliating
universities shall continue to be the students of that university for all
purposes under the existing terms and conditions till they complete the
relevant academic programmes.
8.04 The Ministry of Human
Resource Development after preliminary scrutiny of the proposal, may
return/reject or forward the application to the Commission for its advice,
normally, within 30 days of the receipt of application.
8.05 The Commission shall
make a preliminary scrutiny of the application submitted by the institution
and, if necessary, write to the institution pointing out the lacuna(e), if any,
and call, normally within 60 days for receipt of reference from Government, for
clarification/additional information/requisite documents. As far as possible,
such clarification/additional information/requisite documents shall be asked at
the first instance itself and not in a piecemeal manner. If information is not
received as asked for, then UGC would be liberty to recommend rejection of the
application without taking further steps laid down in these Regulations. The
Commission shall also write to the State/UT Government concerned to elicit the
latter's views on the application.
8.06 The Commission shall
examine the application with the help of an Expert Committee constituted by
Chairman UGC from a standing panel of names approved by the Commission. The
Committee of Experts shall not include any sitting member of the Commission.
The Expert Committee so constituted shall have one member as representative of
the concerned Statutory Council(s), who may have the authorization to remit the
advice.
8.07 The Expert Committee
shall, inter alia,
(a) scrutinize and examine the
application in detail;
(b) visit the Institution, hold
discussions with its major stake holders and make on the spot assessment of its
academic viability to function as an institution adhering to the concept and
ideals of a university as enunciated in these Regulations;
(c) ascertain the academic and
research excellence based on available records;
(d) give specific information
on matters like performance of students who have graduated, research scholars
registered for PhD, sponsored research projects completed and on-going,
research publications in indexed journals, faculty having PhD, etc., for the
past five years;
(e) verify its records to
ascertain its financial viability; and
(f) submit a report to the
Commission to enable it to advise the Government appropriately, normally within
three months of the matter being referred to it.
8.07.1 The visit of the
Expert Committee to the Institution shall be video recorded and uploaded on the
website of the UGC within 24 hours of the visit being completed.
8.08 The report of the
Expert Committee shall be examined by the Commission along with the views of
the State/UT Government, if any, and the Statutory/Regulatory body concerned
and thereafter, the Commission shall submit its advice to the Ministry of Human
Resource Development for the Ministry's consideration, normally within forty
five days of receipt of the report of the Expert Committee. The report of the
Statutory body to the Commission shall indicate not merely the fulfilment of
minimum requirements for the institution's performance as a college, but shall
include its assessment of the achievements of the institution in high standards
of education and research as well as its capability to promote innovation and
excellence commensurate with the status as a university in contrast to a
conventional professional college. The report of the statutory body shall also
indicate the minimum necessary requirement for its courses/programmes as issued
from time to time.
8.09 The advice of the
Commission shall state the reasons for advising the Central Government to
declare the institution as an institution deemed to be university or otherwise,
along with the number and names of institutions to be part of the institution
deemed to be university.
8.10 The Commission, in
its final recommendations to the Central Government, shall apprise the
Government regarding submission of necessary documents related to transfer of
moveable and immovable assets in the name of the proposed institution deemed to
be university and other conditions, if any.
8.11 Each State/UT
Government shall formulate a transparent policy for giving its views under
Article 8.05 and shall send their considered comments, in the proforma
prescribed by the Commission, within 60 days, to the Commission and the Central
Government, with a copy to the institution concerned. In case no such comments
are received by the Commission within 60 days of the issue of the letter, it
shall be presumed that the State/UT Government have no comments to offer on the
application.
8.11.1 The State/UT
Government recommending the proposal would have to indicate its willingness to
safeguard the interest of the students admitted to the proposed deemed to be
university in the event it ceases to exist as such, for any reason whatsoever.
8.12 Having been satisfied
that the institution fulfills all the requirements as laid down in these
Regulations the Central Government may, normally within 60 days of receipt of
the report of the Commission, issue a notification under Section 3 of the Act,
declaring such institution as an institution deemed to be university. This
declaration would initially be made for a period of five years. Confirmation of
the declaration of the ‘deemed to be university’ would be based on a review of
the institution deemed to be university's compliance and the institution's
satisfactory performance with the provisions of these Regulations.
8.13 If on the advice of
the Commission, the Central Government comes to the conclusion that the
institution does not qualify to be declared as a institution deemed to be
university, it may inform the institution accordingly stating reasons there
for.
8.13.1 In case the
Government disagrees with the recommendation of the Commission, the Government
shall provide reasons in writing and its decision shall be final.
8.14 The decision not to
declare an institution as an institution deemed to be university shall be
considered for review not before one year from the date of the earlier decision
only on a specific request for review made by the institution concerned to the
Central Government. Institutions may request the Central Government for such a
review only after having rectified the deficiencies based on which the Central
Government had rejected its earlier application/proposal.
8.15 The Central Government
may refer the matter to the Commission for the latter's advice.
8.16 The Commission shall
then initiate the process of review, in the manner prescribed in this
Regulation as per Articles 8.05 through 8.07 above, for scrutiny and evaluation
of the revised application by constituting a new Expert Committee. This
Committee shall be at least of the same size as the previous one that had
recommended rejection earlier, with no expert member from the previous
Committee as its member.
8.17 The decision taken on
such a ‘review’ shall not be reconsidered or reviewed further. It is however
permissible for the applicant institution to re-apply seeking declaration as an
institution deemed to be university after a gap of not less than two years from
the date on which the decision of the Government on the ‘review’ was
communicated to the institution concerned.
8.18 The Commission shall
post information about the status of each application on a monthly basis on its
website. Further, the Commission shall submit an annual report to the Central
Government giving a progress report on the fulfillment of the conditions
stipulated in the notifications issued by the Central Government in this
regard.
Regulation - 9. Institution deemed to be university under thede novocategory
9.1 An institution
seeking declaration as an institution deemed to be University under this
category shall provide verifiable evidence and validation by leading experts in
the field of being devoted to unique and emerging areas of knowledge not being
pursued by existing institutions - particularly in specific areas of study and
research. Institutions sponsored by the Central/State/UT Government shall be
given preference provided they address to the strategic needs of the country,
engage in preservation of cultural heritage, so determined by a well laid out
process of consultation with the eminent peers of the academic community.
Government owned institutions in areas specified under specific Government
policy or under budget announcement shall also be given preference. For this
purpose, the applicant shall give justification for grant of deemed university
status in a specialised area, along with detailed syllabi of the courses and
research programmes conducted/to be conducted by it in the emerging areas of
knowledge.
9.1.1 De
novo institutions desiring to expand their activities and enter into
related/complementary areas shall do so after its declaration as an institution
deemed to be university is confirmed by the Government following a review at
the end of five years of the institution's existence as an institution deemed
to be university. Such institutions shall have to seek prior permission of the
Central Government, which shall cause the Commission to subject such
institutions to a rigorous peer review before according such permission.
9.1.2 De-novo Institutions
shall be exempted from the eligibility criteria as stipulated under Clauses
4.1, 4.2, 4.3, 4.4, 4.5, 4.6 4.7, 4.8 and 4.9 of these Regulations.
Provided that the
Institution should include in their perspective plan the time frame for
achieving the parameters mentioned in Clauses 4.1 to 4.9, which shall be put on
the website of the institution.
Provided further that the
Institution should be satisfying the parameters under Clauses 4.3, 4.5 and 4.6
on the day of notification declaring it as deemed university.
9.1.3 Applicant Institution
under de-novo category shall submit a perspective plan/Strategic vision for 15
years and an Action Plan and implementation Plan for next five years. The
application shall also be submitted online on UGC website.
9.2 On receipt of an
application from an institution seeking declaration as an institution deemed to
be university under the de novo category, the Government shall
reject/return or forward the same to the Commission normally within 30 days for
advice. On receipt of such reference, the Commission shall follow the
procedures laid down in Clause 8 of the Regulations. However, before proceeding
to the stage of the process as laid down in Clause 8, the Commission shall
examine the application with the help of an Expert Committee with members in
the relevant discipline, who shall be nominated by the Chairman, UGC. The
Committee shall also include a representative from the relevant Statutory
Council, if required. The applicant institution shall also make a presentation
before the Expert Committee. The Committee shall make a recommendation whether
or not it is an institution in emerging areas of knowledge and whether or not
the institution can be considered under the de-novo category before
deciding on a visit to the institution by another Expert Committee of the
Commission to be constituted by the Chairman, UGC. The Commission shall examine
the recommendations of the Committee and send its advice to Government, normally
within 45 days, of the report of the Committee.
9.3 On receipt of advice,
the Central Government may follow the procedure in Clause 8 and, after being
satisfied that the institution fulfills the requirements as laid down in these
Regulations, may issue a notification, normally within 60 days of receipt of
the report of the Commission, declaring the institution provisionally as an
institution deemed to be university under the de novo category.
The fact that the
Institution has a provisional status should be mentioned by the Institution on
its website, as well by the Commission on its website, and its admission
prospectus.
9.4 The Central
Government may, on the advice of the Commission, confirm the declaration of an
institution deemed to be university made under the de novo category,
by way of a notification, after completion of five years of the institution as
such. The Commission shall render its advice for this purpose on the basis of
performance reports of Expert Committee(s) appointed by the Chairman of the
Commission from the panel of names approved by the commission to review the
institution concerned twice, once at the end of two years and, again, before
the end of five years. If the Central Government comes to the conclusion that
the institution does not qualify to be declared as an institution deemed to be
university, it may inform such institution accordingly stating reasons there
for.
9.5 Procedure for
declaration of a new (yet to be established) Institution as Deemed to be
University under de-novo category:—
9.5.1 The applicant shall
submit the application in the form of a Detailed Project Report (DPR)/Action
Plan/Strategic Vision Plan and Implementation Plan the Ministry of Human
Resource Development along with the prescribed processing fee. The application
shall also be submitted online on UGC website.
9.5.2 The Ministry of Human
Resource Development shall, normally within 30 days of the receipt of
application, either reject or return the application to the applicant or
forward the Detailed Project Report (DPR)/Action Plan/Strategic Vision Plan and
Implementation Plan to the UGC for advice on feasibility of the proposal.
9.5.3 The Commission shall
examine the application with the help of an Expert Committee with members in
the relevant discipline, who shall be nominated by the Chairman, UGC. The
Committee shall also include a representative from the relevant Statutory
Council, if required. The applicant institution shall also make a presentation
before the Expert Committee. The Committee shall make a recommendation,
normally within two months of the matter being referred to it, whether or not
it is an institution in emerging areas of knowledge and whether or not the
institution can be considered under the de-novo category for issue of
Letter of Intent (LoI).
9.5.4 Simultaneously, the
UGC would address to the State Government, where the Institute is proposed to
be located, asking for its no objection.
9.5.5 The Commission shall
submit, normally within 30 days of receipt, the report of the UGC Expert Committee
alongwith its advice on the proposal to the Ministry of Human Resource
Development.
9.5.6 The Ministry of Human
Resource Development shall issue, normally within 60 days of receipt of advice
of the Commission, a Letter of Intent (LoI), or otherwise.
9.5.7. The applicant
Society/Trust/Company will set up the Institution and indicate its readiness
for commencing academic operations, as per the plan within 3 years of issue of
the LoI.
9.5.8 Once the indication
for readiness for commencing academic operations is received in the Ministry of
Human Resource Development, the Ministry shall ask, normally within 30 days of
receipt of such indication, the Commission to submit its advice after following
the procedure elaborated in these Regulations.
9.5.9 The Ministry of Human
Resource Development shall take the final decision on the proposal as per the
provisions of these Regulations.
9.5.10 In case of an
existing institution apply for Deemed to be University status
under de-novo category but not having the infrastructure required
under these Regulations, such institution may apply to the Ministry of Human
Resource Development as per the procedure at Regulations 9.5.1 to 9.5.8.
Regulation - 10. Funding
Institutions which are
declared as institutions deemed to be universities shall continue to receive
the funds for their maintenance and developmental expenditure, including the
salary and non-salary increases in expenditure and the future expansion, from
the same funding sources which have been funding them prior to such
declaration. Such Institutions may also supplement their finances. However,
Government as per its policy can withdraw the funds being given.
Regulation - 11. Maintenance of standards
11.1 An institution deemed
to be university shall maintain standards, higher than the minimum, of
instruction, academic and physical infrastructure, qualifications of teachers,
etc. as prescribed for college level institutions by the Commission or by the
Statutory/Regulatory body concerned, such as All India Council for Technical
Education (AICTE), Medical Council of India (MCI), Dental Council of India
(DCI), National Council for Teachers Education (NCTE), Bar Council of India
(BCI), Indian Nursing Council (INC), etc. and shall obtain their approval for
running various programmes of study, wherever applicable. This shall be
periodically monitored by the duly constituted Committee (s) of the Commission.
11.2 There shall be a
mandatory intensive external review of every deemed to be university once in
every five years based on the criteria prescribed by the Commission from time
to time.
Provided that if an
institution has been in the highest NAAC/NBA (for all eligible courses) grade
for two continuous cycles, the review can be done by the Institution itself
through external peer review mechanism.
11.3 The Institution shall
give a regulatory compliance certificate every year in the format prescribed by
UGC every year, which shall also be displayed on the subject to approval of the
Government.
11.4 In case there have
been found to be persistent or serious complaints being received against an
institution, the UGC can order an inquiry against the institution, after taking
approval of the Government, and take further action based on the result of the
inquiry.
Provided that Government
also can suo moto ask UGC to initiate an inquiry in such cases of malfeasance,
cheating, serious student/staff/faculty complaints, etc.
11.5 The Institution shall
provide to the Government, or to the agencies designated by it, all required
details regarding the Institution for the All India Survey of Higher Education
or for posting of specified details on the Know Your College Portal of the
Government or for any other study approved by the Government.
11.6 The Institution shall
participate in the National Institutional Ranking Framework every year and
publish the same on its website prominently.
11.7 The Institution shall
ensure that degrees/diplomas/certificates/awards are given to the passing out
students within 180 days of completion of their academic programme.
Regulation - 12. New courses/programmes/departments/school/centre, off-campus centres and off-shore campuses
12.1 An institution deemed
to be university shall normally operate within its own main Campus as is
declared by the Central Government in the notification and conduct approved
programmes of study falling within the area of its specialization.
12.2 If an institution
deemed to be university, accredited by NAAC with highest grade or all eligible
courses accredited with the highest grade of NBA, wishes to start new
Course/Programme/Department/School/Centre in its existing campus/off-campus in
areas and disciplines that form a part of its existing academic framework, it
may do so in such allied fields. The new course/programme/Department/School
shall be started after the approval of the respective authorities of the Deemed
to be University and the concerned Statutory Council(s), wherever required, and
after creating all the necessary infrastructure and other facilities as per the
norms of concerned statutory council(s). Institution Deemed to be University
shall inform the Commission about starting of a new course/programme/department/school/centre
in its existing campus/off-campus within one month of the grant of approval by
the competent authorities of the Deemed to be University and concerned
Statutory Council(s).
In all other cases, prior
approval of Commission shall be required to start/establish a new
course/programme/Department/school/centre, which shall be given within 60 days
of the application made to it.
12.03 An institution deemed
to be university may be allowed to operate beyond its approved geographical boundaries
and start Off-Campus(es)/off-shore campus(es) under the following conditions:
12.03.1 It has been in
existence as an institution deemed to be university for a minimum period of
five years;
12.03.2 It has been
conducting post-graduate programmes and research;
12.03.3 It has earned a
reputation for excellent and innovative teaching, which, inter alia, includes
practicing academic and examination reforms like introducing modular structure,
continuous internal evaluation, etc. and for meaningful and purposeful research
and extension activities;
12.03.4 It has a good track
record of conforming to the relevant Regulations/norms of the Commission and
other Statutory/Regulatory bodies regarding minimum standards of instruction,
qualification of faculty, merit-based admission of students on an all India
basis and reasonable fee structure;
12.03.5 It has obtained prior
approval of the Statutory/Regulatory body to start the new
course/department/programme/school/centre, wherever applicable, and undertakes
to comply with all the requirements of the said body;
Provided if the
Statutory/Regulatory body requires a No Objection Certificate from the
Commission before giving its approval, the same shall be given by the
Commission within 30 days of receipt of such request.
12.03.6 It has a currently
valid accreditation from National Accreditation and Assessment Council (NAAC)
with the highest grade offered;
12.03.7 It has adequate
financial resources for starting the proposed off-Campus Centre/off-shore
campus;
12.03.8 It has not entered
into any franchise agreement, either overtly or covertly, with any other
organization for establishing and running the off-Campus Centre/off-shore
Campus of the institution deemed to be university;
12.03.9 Land, Infrastructure,
faculty and other facilities at the off-campus centre(s) shall satisfy the
requirements of the Statutory/Regulatory Council(s) concerned. The following
shall be the minimum requirement in the off-campus centre:—
(i) Administrative Building of
at least 500 sq. meters.
(ii) Academic Building,
including library, lecture theatres and laboratories, of at least 5,000 sq.
meters.
(iii) Some residential
accommodation for teachers and hostel accommodations for students. The floor
area for hostel facilities shall be 10 sq. meters per student proposed to
reside.
(iv) Other central facilities
including sports facilities for faculty, students and non-teaching staff.
(v) The Institute shall have
barrier free approach and appropriate safety measures (fire fighting, etc.).
(vi) The Institution shall have
adequate health care facility within the campus for students, faculties, staff
or any other members.
(vii) The infrastructure
requirement shall be evaluated taking into consideration the future expansion
proposed in the application along with requirement of land for hostel and
allied facilities for the student. The infrastructure requirement shall be
ensure before starting new courses/programme/department/school/centre in the
off-campus.
The assets shall be legally
registered in the name of the Institution Deemed to be University. However, in
case the immovable property has been acquired by the Deemed to be University by
way of lease, the lease shall be perpetual in nature and initially for at least
30 years which shall be extended further;
12.03 A An institution
deemed to be university shall be allowed to open an off-campus not before five
years of getting a deemed university status and shall be allowed to create not
more than two off-campuses in any period of five years beyond its approved
geographical boundaries.
Provided that the above
restriction with regard to the number of off-campuses in a period of five years
shall not apply to the Institutions Deemed to be Universities that are
established and managed by the Government.
Provided further that
approval for next set of off-campus would be given only if the Institution
Deemed to be University and the off-campuses approved earlier also have valid
highest grade of accreditation from NAAC/NBA (all eligible courses).
Provided further that those
units which were notified by the Government as Constituent Units at the time of
first notification shall not be treated as off-campuses. Campuses (whether
off-campus or other) in the same city/town/village shall be treated as one
off-campus/campus.
12.04 An off-Campus Centre
campus shall be established by an institution deemed to be university with the
prior approval of the Central Government, on the recommendation of the
Commission. The Central Government shall also consider the views of the
State/UT Government concerned where the off-Campus Centre is proposed to be
established.
12.05 An off-shore Campus
of an institution deemed to be university shall be established with the prior
permission of the Central Government, on the recommendation of the Commission:
Provided that such
off-shore campus shall be proposed only five years after the Institution has
attained a deemed University status.
Provided that there is No
Objection from the Ministry of External Affairs and Ministry of Home Affairs.
Provided that the country, where such off-shore Campus is proposed to be
established, requires grant of approval by it for such establishment, then the
application to the Central Government for permission shall be made along with
the approval granted by that country:
Provided further that if
the country where such off-shore Campus is proposed to be established requires
prior concurrence of the Government of India for the approval, referred to the
above proviso, of that country to be granted, then the Central Government,
on the recommendation of the UGC, may give a ‘No Objection’ to the proposal but
such ‘No Objection’ shall not be construed as permission of the Central
Government to the institution deemed to be university to establish an off-shore
Campus. Such an institution deemed to be university shall also submit an
undertaking that it shall comply with all laws, norms or standards prescribed
by that country where the off-shore Campus is proposed to be established.
Provided further that the
Institution Deemed to be University shall maintain the standards at the
off-shore campus as similar to that at its main campus.
12.06.1 An institution deemed
to be university intending to start a new off-Campus Centre/off-shore campus
and, if it has already created infrastructure and other facilities including
appointment of faculty, then, it shall apply to the Government in the
prescribed proforma, in duplicate, at least six months prior to the proposed
date of starting the Centre in hard copies as well as online on the UGC
website. The Government after preliminary scrutiny of application shall, within
60 days of receipt, reject/return or forward the proposal to the Commission for
its advice.
12.06.2 In case, the
institution proposes to establish an off-campus and has not yet created its
infrastructure, then it should submit a detailed proposal (in duplicate)
including details of proposed infrastructure, funds, land, financial viability,
etc. to the Government in hard copies as well as online on the UGC website. The
Government would, after preliminary scrutiny of the application, shall, within
60 days of receipt, reject/return or forward the proposal to the Commission for
its advice.
12.07.1 In case of
application made under Clause 12.06.1, the Commission shall undertake a spot
visit/verification of the proposed off-Campus(es) to verify the infrastructure
facilities, programmes, faculty, financial viability, etc. before sending its
advice to the Central Government. The Commission should follow the procedure
laid down in Clause 8.05, 8.06, 8.07, 8.07.1, 8.08, 8.09 and 8.10.
12.07.2 In case of
application made under Clause 12.06.2, the Commission shall follow the
procedure given in 9.5.3 to 9.5.5 and MHRD shall issue LOI, or otherwise. On
getting of LOI, the procedure as mentioned in 9.5.7 to 9.5.9 shall be followed.
12.08 In case such
permission is not granted, the institution deemed to be university may re-apply
for such permission, but not before two years from the date of rejection of its
earlier application.
12.09 The off-Campus
Centre/off-shore campus shall be directly administered by the parent
institution deemed to be university in all the academic, administrative and
financial matters.
12.10 The new
Department/off-Campus Centre/off-shore campus shall offer only those programmes
of study which are approved by the appropriate authorities of the institution
deemed to be university and the statutory/regulatory body concerned such as All
India Council for Technical Education (AICTE), Medical Council of India (MCI),
Dental Council of India (DCI), Pharmacy Council of India (PCI), National
Council for Teachers Education (NCTE), Bar Council of India (BCI), Indian
Nursing Council (INC), etc. wherever applicable. In case of any new or existing
institution of higher learning proposed to be brought under the ambit as a
constituent institution of any existing institution deemed to be university,
only those students who were admitted in such institutions on a date subsequent
to the date of notification of the declaration under Section 3 of the UGC Act,
1956 in regard to bringing the institution under the ambit of the existing
institution deemed to be university, shall be eligible for being examined by
the institution deemed to be university and therefore, for the award of degree
or any other qualification by the institution deemed to be university on
successful completion of their respective courses or programmes of study.
12.11 The over-all
performance of an off-Campus Centre Campus/off-shore campus shall be monitored
by the Commission biennially for six years and subsequently after five years
and whose directions on management, academic development and improvement shall
be binding on the Campus.
12.12 In the case of an
off-shore Campus, the remittances of funds from/to the main Campus shall be
governed by the Reserve Bank of India rules.
12.13 If the functioning of
the Campus/off-Campus Centre of an institution deemed to be university does not
meet the standards stipulated by the Commission and remains unsatisfactory for
two consecutive reviews, as assessed by the Commission, the institution deemed
to be university may be instructed by the Central Government, on the advice of
the Commission, to close down the off-Campus Centre/Campus concerned. The
Commission may initiate action against erring institutions deemed to be
universities even on the basis of complaints received against such
Centres/Campuses. In the interest of the students, the Commission may allow the
Centre/Campus to function till the last batch of students enrolled therein, as
on the date of such instruction, passes out. The institution deemed to be
university shall take appropriate steps to safeguard the interests of the
faculty/staff at the Centre/Campus. In the event of closure of the
Centre/Campus, the assets and liabilities thereof shall revert to the
institution deemed to be university.
12.14 The Ministry of Human
Resource Development may give an ‘in-principle No Objection’ to the institution
deemed to be university for establishing an off-Campus Centre/off-shore campus,
wherever required by the Statutory Councils. The Institution deemed to be
university shall apply to the Ministry of Human Resource Development for the
‘in-principle No Objection’. The Ministry shall forward, normally within thirty
days of receipt, the request to the Commission for its advice. The Commission,
after satisfying itself about the viability of the proposal, shall forward,
normally within 60 days of receipt of Ministry's letter, its advice to the
Ministry of Human Resource Development for issuance of ‘in-principle No
Objection’. Such ‘No Objection’ shall not be construed as permission of the
Ministry of Human Resource Development to the institution deemed to be university
to establish an off-Campus Centre/off-shore campus. In all such cases, formal
proposal(s) shall be examined by the Commission under these Regulations. The
institution deemed to be universities shall not admit student(s) to its
course(s) in such off-Campus Centre(s)/off-shore campus before the permission
is granted by the Ministry of Human Resource Development to such proposal(s).
12.15 The Institution
Deemed to be University shall mention the name with location of campus/off
campus/constituent unit/Constituent institution on
degree/diploma/certificate/any other award given to the student.
Regulation - 13. Inclusion of other institutions under the ambit of institution deemed to be unversity
13.01 An institution deemed
to be university may apply, in the proforma prescribed by the Commission, for
inclusion of institutions existing under the same management as its constituent
institution after confirmation of its declaration as an institution deemed to
be university, as mentioned under Article 8.12. The application shall also be
submitted online on UGC website.
13.02 All institutions
deemed to be universities shall necessarily comply with the conditions that the
Commission may insist upon in this regard from time to time, to prevent
franchising of education.
13.03 If an institution
existing under the same management is affiliated to a university, it shall be
included in the ambit of the institution deemed to be university only on its
disaffiliation from the affiliating university. The affiliating university shall
also give its consent to the effect that the students of that particular
institution(s) who have already been enrolled under it, shall continue to
pursue their courses under its affiliation for all purposes and that it shall
also award degrees to these students upon successful completion of the courses
they are presently pursuing at such institution(s).
13.04 Such institution
shall have accreditation with the highest grade offered, which is currently
valid, either from National Assessment and Accreditation Council (NAAC) or all
its eligible courses shall be accredited with the highest grade offered, which
is currently valid, by National Board of Accreditation (NBA) or an
accreditation agency recognized by the Commission from time to time.
13.05 An institution deemed
to be university intending to bring an institution within its ambit as its
constituent institution shall submit a proposal, in duplicate, in the proforma
prescribed by the Commission, to the Secretary, Ministry of Human Resource
Development (Department of Higher Education) Government of India, subject to
the said institution fulfilling the eligibility criteria and other relevant
conditions stipulated under these Regulations. The application shall also be
submitted online on UGC website.
13.06 The Ministry of Human
Resource Development, Government of India shall return/reject or refer the
proposal to the Commission for advice normally within 30 days of receipt of the
proposal.
13.07 The Commission shall
then adopt the procedure described under Articles 8.05 to 8.07 to examine the
proposal so received by it.
13.08 The Commission shall
verify all the relevant factors and aspects through its Expert Committee before
making a suitable recommendation to the Ministry of Human Resource Development,
Government of India.
13.09 The inspection report
as well as the recommendation of the Expert Committee along with the
opinion/comments of the Statutory/Regulatory body concerned and the views, if
any, of the State Government concerned shall be examined by the Commission as
per procedure before making recommendation to the Ministry of Human Resource
Development, Government of India.
13.10 If rejected, the
Central Government shall inform the institution, accordingly.
13.11 After taking the
relevant steps of the procedure prescribed in Article 8, the Central Government
shall notify the inclusion of the institution under the ambit of the
institution deemed to be university on being satisfied that institution deemed
to be university has:
(a) earned a reputation for
excellent and innovative teaching, for meaningful and purposeful research, for
practicing academic and examination reforms like modular structure, continuous
internal evaluation, etc. and for extension activities; and
(b) a good track record of
conforming to the relevant Regulations/norms of the Commission and the
Statutory/Regulatory body concerned regarding minimum standards of instruction,
qualifications of teachers, merit-based admission of students on an all India
basis and reasonable fee structure.
13.12 On an institution
coming under the ambit of the institution deemed to be university, the
institution deemed to be university shall award degrees only to the students
enrolled in the institution after the institution concerned disaffiliates
itself from the affiliating university. The students enrolled in such an
institution prior to its inclusion under the ambit of the institution deemed to
be university, shall, receive their degrees from the university to which the
institution was affiliated at the time of their enrolment.
13.13 Once an institution
comes under the ambit of an institution deemed to be university, it shall be at
par with an off-Campus of the institution deemed to be university, and all
articles of these Regulations relating to off-Campus Centres of institutions
deemed to be universities shall be applicable to it.
Provided that if the
institution under the ambit is located in the city where the headquarters of
the Institution Deemed to be University is located, the institution would be
treated as part of the main campus. If it is located in some other
city/town/village, it would be treated as an off-campus centre.
13.14 The entire movable
and immovable property as well as the existing manpower of the institution and
its records (except those pertaining to the students who had already registered
till they pass out of the Institution) shall be transferred to the institution
deemed to be university before the notification.
13.15 If an institution,
not being under the same registered Society/Trust/Company, is desirous of
coming under the ambit of an institution deemed to be university, it shall
apply to the Society/Trust/Company and become a part of the Society/Trust, as
per procedure of Societies Registration Act or Trust Act, as the case may be.
Thereafter, the Society/Trust/Company shall follow these Regulations to bring
it under the ambit of the institution deemed to be university.
13.16 If the application of
an institution deemed to be university for bringing an institution under its
ambit is rejected for any reason whatsoever, the institution deemed to be
university shall be eligible to re-apply, but not before two years from the
date of the rejection of its earlier such application.
Regulation - 14. Joint programmes
14.1 An institution deemed
to be university may conduct joint academic programme(s) with other
Universities/institutions deemed to be universities in India and abroad with
the prior approval of the Commission. The proposed joint programme(s) shall
conform to the Acts and Rules of the Commission that shall apply to such
programmes from time to time.
Provided that no such
permission shall be required in case the Institution goes for collaboration
with industry or for research purposes.
14.2 There shall be
sufficient safeguards so as to protect the interests of students enrolled in
such programmes.
14.3 The joint programmes
shall be subjected to mandatory assessment and accreditation.
Regulation - 15. Institution deemed to be university open to all
15.1 Admission and
employment in an institution deemed to be university shall be open to all
citizens of India regardless of race, religion, caste or creed and the
area/place of residence in India.
15.2 All policies and
procedures, as applicable to the university level institutions of public and
privately funded institutions respectively, shall apply to the appropriate
category of institutions deemed to be universities.
Regulation - 16. Institution deemed to be university to be unitary
Once an institution is
declared as “institution deemed to be university”, it shall be Unitary in
nature and shall not affiliate any other institution.
Regulation - 17. Reservation policy
The institution deemed to
be university shall implement the reservation policy in admissions and
recruitment, in accordance with any Act of Parliament for the time being in
force.
Regulation - 18. Distance education
Institutions Deemed to be
Universities declared after the notifications of the UGC (Institutions Deemed
to be Universities) Regulations, 2010 shall not be allowed to offer courses in
the open and distance learning mode.
Provided that the
Institutions Deemed to be Universities which are already offering programmes
through open and distance learning mode, with the approval of UGC, shall be
permitted to continue such programmes subject to further approval by the UGC.
Regulation - 19. Meetings of university authorities
The institution deemed to
be university shall conduct meetings of all its authorities/bodies, like Board
of Management, Academic Council, etc. at regular intervals as per the
Regulations and the minutes of each such meeting shall be displayed in the
website of the institution.
Regulation - 20. USE OF THE WORD ‘university’
An Institution deemed to be
University shall not use the word ‘University’ suffixed to its name but may
mention the words “deemed to be university” within parenthesis suffixed
thereto.
Regulation - 21. Prohibition of use of certain words in nomenclature
Educational institutions
established and controlled by the Central Government alone may prefix the
words, “Indian/National Institute” (either in English or in vernacular) with
their respective names.
All other institutions are
barred from prefixing the words “Indian/National/International Institute”
(either in English or in vernacular) with their respective names.
Regulation - 22. Consequences of violation of regulations
22.1 The Central
Government/Commission shall have the right to cause an inspection of the
institution deemed to be university, its buildings, laboratories, its
examinations, teaching and other work conducted or done by the institution
deemed to be university, and to cause an enquiry to be made, if considered
necessary by the Central Government/UGC, in respect of any matter of the
institution deemed to be university.
22.2 After conducting an
inspection of the institution deemed to be university by the Commission on its
own or on the basis of any other authentic information or report received from
any other reliable source(s) and after considering the explanation submitted by
the institution deemed to be university, if the Commission is satisfied that
the institution deemed to be university has violated any of the provisions of
these Regulations or any directives issued by the Commission, the Commission may
direct the concerned institution deemed to be university not to admit new
students for the period to be decided by the Commission or reduce the number of
students to be admitted for the period to be decided by the Commission and in
case of deliberate continuous violation of these Regulations, may advise the
Central Government for withdrawal of the declaration notifying the institution
as an institution deemed to be university. In the event of such withdrawal of
the declaration, the transfer of the entire movable and
immovable propert>ies of the institution deemed to be university
shall be governed by the Society/Trust/Company Act under which the Institution
Deemed to be University is registered. For first violation, the withdrawal may
be restricted to one academic session which can be extended up to five academic
sessions for repeated violations. However, for serious and deliberate
violation, the status of deemed to be university shall be withdrawn
permanently.
Provided that in case of a
withdrawal of declaration notifying the institution as a deemed to be
university of a public funded deemed to university, the entire movable and
immovable properties of the institution deemed to be university shall stand
transferred to the Central Government/State Government/UT Government, as the
case may be.
Provided further that the
above provisions are not to the exclusion of the provision of any punishment
given under Section 24 of the University Grants Commission, 1956.
If on the winding up or
dissolution of the institution deemed to be university there remains, after the
satisfaction of all its debts and liabilities, any property whatsoever, the
same shall be governed by the above provisions.
22.3 In the event of the
withdrawal of the deemed university status, action shall be simultaneously
initiated to protect the interests of the students according to such precedents
and practices as applicable or determined for the specific situation.
22.4 If an institution
deemed to be university wishes to withdraw itself or its constituents from the
status of ‘institution deemed to be university’, it may do so with the prior
permission of the Central Government. Such withdrawal shall take effect only
after the last batch of students then enrolled, passes out of the institution
deemed to be university.
Regulation - 23.CONSIDERATION OF OLD PROPOSALS
All proposals (whether
seeking declaration as an institution deemed to be university or seeking
approval for establishing off-Campus Centres/off-shore Campus(es) or inclusion
of other institutions in the ambit of the institution deemed to be university),
which are either pending/in process in the Commission or have been received by
the Central Government, shall be governed by these Regulations.
Provided if an institution
has submitted its proposal to Government before 20th May 2016,
and desires so in writing, its application would be processed under the UGC
(Institutions Deemed to be Universities) Regulations, 2010. However, it would
have to give an undertaking to become compliant with UGC (Institutions Deemed
to be Universities) Regulations, 2016 within two years of the notification,
failing which the deemed university status would be withdrawn by the Government
and he would have to apply afresh under these Regulations.
Annexure-1
UNIVERSITY
GRANTS COMMISSION
NEW
DELHI
(1)
Every
institution seeking to be declared as an institution deemed to be university
under Section 3 of the UGC Act shall be registered as a Society/Trust/Company
in the name and style of the proposed institution deemed to be university.
(2)
Each
such institution shall indicate, unambiguously, the following:
(i) Name: The name of the
Society/Trust/Company, along with the name of the proposed institution deemed
to be university.
(ii) Office: The registered
office of the Society/Trust/Company; the official address of institution.
(iii) Objectives: The objectives
of the proposed institution deemed to be university shall be clearly
enunciated. The objectives shall be well-defined and well known to the
students, teachers and non-teaching staff of the proposed institution deemed to
be university.
(iv) The objectives as set forth
above shall be regarded in law to be charitable in nature.
(3)
Programmes of the institution deemed to be university:
3.1 In keeping with
objectives, the institution shall spell out the following:
(i) The proposed programmes of
study and research and facilities to provide for instruction in such branches
of study as the institution deems appropriate for the advancement of learning
and dissemination of knowledge;
(ii) The nature of Degrees and
Diplomas and/or Certificates to persons who have satisfactorily completed the
approved programmes of study and/or research and the scheme prescribed for
examination and evaluation.
(iii) Details of other academic
schemes such as visitor-ship, fellowship, prizes, and medals.
(4)
Management
of the Institution:
4.1 The names, addresses,
and occupation of the members of the first Board of Management to whom the
management of the institution is entrusted till the various authorities are
constituted in accordance with the Rules, shall be furnished at the time of
application along with their letter of consent.
4.2 The Board of
Management shall be a compact and homogeneous body enabling it to promptly take
and implement well considered decisions and to effectively handle crisis
situations.
4.3 The Board of
Management shall be as per clause 5.7 of the Regulations. The term of
membership of the Board of Management and its powers shall be as follows:
4.3.1 All the members of
the Board of Management other than the ex-officio members and the members of
the teaching staff shall hold office for a term of three years and shall be
eligible for reappointment.
4.3.2 Members of teaching
staff in the Board of Management shall hold office for a period of 2 years or
till such time as they continue to be members of the teaching staff, whichever
is earlier.
4.4 Powers of the Board
of Management:
The Board of Management
shall be the principal organ of Management and principal executive body of the
institution deemed to be university and shall have the following powers,
namely:
(i) To establish, on the advice
of the Academic Council, Divisions and Departments for the academic work and
functions of the institution deemed to be University and to allocate areas of
study, teaching and research to them;
(ii) To create teaching and
academic posts, to determine the number, cadres and qualifications thereof as
approved by the Commission, and statutory body concerned and the emoluments of
such posts in consultation with the Finance Committee;
(iii) To appoint such Professors,
Associate Professors, Assistant Professors and other academic staff as may be
necessary on the recommendation of the Selection Committee;
(iv) To lay down the duties and
conditions of service of the Professors, Associate Professors and Assistant
Professors and other academic staff of the institution deemed to be university
in consultation with the Academic Council;
(v) To provide for appointment
of Visiting fellows and Visiting Professors;
(vi) To create administrative,
ministerial and other necessary posts in terms of the cadres laid down and to
make appointment thereof in consultation with the Finance Committee;
(vii) To constitute, for the
benefit of the teaching, academic, technical, administrative and other staff,
such pension, insurance, provident fund and gratuity as it may deem fit and aid
in the establishment and support of Association, Institutions, Funds, Trusts
and conveyances calculated to benefit the staff and the students of the
Institution deemed to be University;
(viii) To regulate and enforce
discipline among the employees of the institution deemed to be university and
to take appropriate disciplinary action, wherever necessary;
(ix) To entertain and adjudicate
upon and, if thought fit, to redress any grievances of the employees and
students of the institution deemed to be university;
(x) To grant leave of absence
to the Vice-Chancellor and to make necessary arrangements for carrying on
his/her functions during the period of absence;
(xi) To approve the award of
Degrees and diplomas based on the results of examinations and tests and to
confer, grant or award Degrees, Diplomas, Certificates and other academic
tittles and distinctions;
(xii) To fix the emoluments and
travelling and other allowances of examiners, moderators, tabulators and such
other personnel appointed for examinations in consultation with the Academic
Council and the Finance Committee;
(xiii) To institute Fellowships,
including Travel Fellowships, Scholarships, Studentships, Medals and Prizes in
accordance with the Rules to be framed for the purpose;
(xiv) To advise the
Society/Trust/Company (if any) on matters regarding acquisition, management and
disposal of any immovable property on behalf of the institution deemed to be
university;
(xv) To purchase, take on lease
or accept as gift or otherwise any land or buildings or works which may be
necessary or convenient for the purpose of the institution deemed to be
university, on such terms and conditions as it may deem fit and proper, and to
construct or alter and maintain any such building(s) or work(s);
(xvi) To transfer or accept
transfers of any movable property on behalf of the institution deemed to be
university;
Provided that the Board of
Management shall not transfer or alter ownership in any manner whatsoever of
any movable or immovable property of the institution deemed to be university
without the approval of the sponsoring Society/Trust/Company.
(xvii) To execute in consultation
with the Society/Trust/Company (if any) conveyance, transfer Government
Securities, re-conveyances, mortgages, leases, bonds, licenses and agreements
in respect of property, movable or immovable, belonging to the institution
deemed to be university or to be acquired for the purposes of the institution
deemed to be university;
(xviii) To issue appeals for funds
for carrying out the objectives of the institution deemed to be university and,
consistent with the provisions of the objectives, to receive grants, donations,
contributions, gifts, prizes, scholarship, fees and other moneys, to give
grants and donations, to award prizes, scholarships, etc.;
(xix) To raise and borrow in
consultation with the Society/Trust/Company (if any) money on bonds, mortgages,
promissory notes or other obligations or securities founded or based on any of
the properties and assets of the institution deemed to be university, or
without any securities, upon such terms and conditions as it may think fit and
to pay out of the funds of the institution deemed to be university, all
expenses incidental to the raising of money and to repay and redeem the money
borrowed;
(xx) To draw and accept and make
and endorse discount and negotiate Government of India's and other promissory
notes, bills of exchange, cheques or other negotiable instruments;
(xxi) To maintain a fund to which
shall be credited:
(a) all moneys provided by the
Central or State/UT Government(s)/University Grants Commission;
(b) all fees and other charges
received by the institution deemed to be university;
(c) all money received by the
institution deemed to be university as grants, gifts, donations, benefactions,
bequest or transfers and
(d) all money received by the
institution deemed to be university in any other manner or from any other
source;
(xxii) To open account or accounts
of the institution deemed to be university with anyone or more scheduled banks
and to lay down the procedure for operating the same;
(xxiii) To deposit all moneys
credited to the funds in scheduled banks or to invest them in consultation with
the Finance Committee;
(xxiv) To invest the funds of the
institution deemed to be university or money entrusted to the institution
deemed to be university in or upon such securities and in such manner as it may
deem fit and from time to time transpose any investment;
(xxv)To maintain proper accounts
and other relevant records and prepare Annual Statements of Accounts, including
the balance sheet for every previous financial year, in such form as may be
prescribed by the Regulations/Bye-Laws;
(xxvi) To manage, regulate and
administer the revenue, the finance, accounts, investments, properties, business
and all other administrative affairs of the institution deemed to be university
and for that purpose to appoint such agent or agents as it may deem fit;
(xxvii) To provide building or
buildings, premises, furniture, fittings, equipments, appliances and other facilities
required for carrying on the work of the institution deemed to be university;
(xxviii) To establish, maintain and
manage residencies for faculty and staff and hostels for the students of the
institution deemed to be university;
(xxix) To recognize and maintain
control and supervision on hostels owned and managed by other agencies for the
students of the institution deemed to be university and to rescind such
recognition;
(xxx)To appoint such committees
for such purpose and with such powers as the Board of Management may think fit
and to co-opt such persons on these Committees as it thinks fit;
(xxxi) To appoint in order to
execute an instrument or transact any business of the institution deemed to be
university, any person as attorney of the institution deemed to be university
with such powers as it may deem fit;
(xxxii) To appoint Auditor(s) for
the ensuing year;
(xxxiii) To select an emblem and to
have a common seal for the institution deemed to be university and to provide
for the custody and use of such seal;
(xxxiv) To delegate all or any of
its powers to any Committee or sub-Committee constituted by it or the
Vice-Chancellor of the institution deemed to be university or any other person;
(xxxv) To conduct all
administrative affairs of the institution deemed to be university not otherwise
specifically provided for;
(xxxvi) To take all necessary
decisions for the smooth and efficient functioning of the institution deemed to
be university.
4.5 Meetings of the Board
of Management:
(i) The Board of Management
shall meet at least four times a year. Not less than 15 days' notice shall be
given of a meeting of the Board of Management. Eight (8) members shall make the
quorum for a Board of Management meeting.
(ii) Every meeting of the Board
of Management shall be presided over by its Chairman and in his/her absence, by
a member chosen by the members present, from amongst themselves.
(iii) Each member of the Board of
Management, including its Chairman, shall have one vote and decisions at the
meetings of the Board shall be taken by simple majority. In case of a tie, the
Chairman shall have a casting vote.
(iv) Any business which it may
be necessary for the Board of Management to perform may be carried out by
circulating appropriate resolution thereon among its members and any resolution
so circulated and approved by a simple majority shall be as effective and
binding as if such resolution had been passed at the meeting of the Board.
(v) A copy of the proceedings
of each meeting shall be furnished to the Chancellor of the institution deemed
to be university as soon as possible after the meeting.
4.6 Termination of
Membership:
If a member other than the
Vice-Chancellor, and those representing the teachers, accepts a full time
appointment in the Institution deemed to be University or does not attend three
consecutive meetings of the Board of Management, without proper leave of
absence, he/she shall cease to be a member of the Board of Management.
4.7 Constitution of
Standing Committee and Ad-hoc Committee by the Board of Management:
4.7.1 Subject to the
provision of the Rules of the Institution deemed to be University, the Board of
Management may, by a resolution, constitute such Standing Committee or Ad hoc
Committee or Committees for such purposes and with such powers as the Board may
think fit for discharging any function of the institution deemed to be
university or for inquiring into, reporting and advising upon any matter of the
Institution deemed to be University.
4.7.2 The Board of
Management may co-opt such persons on the Standing Committees or Ad-hoc
Committees, as it may consider suitable.
4.8 Delegation of Powers
of the Board of Management:
The Board of Management
may, by a resolution, delegate to the Vice Chancellor or any other officer of
the institution deemed to be university of the Standing Committee or the Ad-hoc
Committee such of its powers as it may deem fit subject to the condition that
the action taken by the Vice Chancellor or the officer concerned or the Standing
Committee or the Ad-hoc Committee concerned in the exercise of the powers so
delegated shall be reported at the next meeting of the Board of Management.
5. Constitution of Panel:
(i) For constituting panel of
names for nominating a UGC representative in the Board of Management under
clause 5.7 and in Finance Committee under clause 3.1 (Annexure-2) of the
Regulations, a Search Committee shall be constituted by the UGC with the prior
approval of the Central Government. Such Search Committee shall be formed every
two years.
(ii) The Government while
constituting the Search Committee shall lay down the eligibility criteria of
qualification, experience, age, etc. separately for member to be in Board of
Management and in Finance Committee on the recommendation of UGC.
(iii) The Search Committee shall
select a panel of names equal to two times the number of Institutions in which
UGC has to give nominee, separately for Board of Management and Finance
Committee. The validity of panel of names shall be for two years but the same
can be extended with the approval of Central government, if Search Committee
fails to meet in two years.
(iv) A person cannot be
nominated in more than two Committees either in Board of Management or in
Finance Committee.
(v) UGC shall select its
representative in Finance Committee or Board of Management from the existing
approved panel of names provided that such representative should not be
associated with the Deemed to be University concerned in any other Committee(s)
or in other capacity such as faculty, administrative post, etc. in the last
five years.
(vi) Panel of names for Board of
Management and Finance Committee shall be displayed on the website of
Commission along with the details of nomination in the committee.
Annexure-2
UNIVERSITY
GRANTS COMMISSION
NEW
DELHI
Other
Authorities of the institution deemed to be university
The following shall be the
other authorities of the institution deemed to be university:
(1)
Academic
Council
(2)
Planning
and Monitoring Board
(3)
Finance
Committee
(4)
Board
of Studies
(5)
Such
other authorities as may be declared by the Rules to be authorities of the
institution deemed to be university
(1)
Academic
Council (AC):
1.1 The Academic Council
shall be the principal academic body of the institution deemed to be university
and shall, subject to the provision of the Rules, have the control over and be
responsible for the maintenance of standards of teaching, research and
training, approval of syllabus, co-ordination of research activities,
examinations and tests within the institution deemed to be university and shall
exercise such powers and perform such other duties and functions as may be
prescribed or conferred upon it by the Rules of the institution.
1.2 Composition of the
Academic Council:
The Academic Council shall
consist of the following persons, namely:
(1)
Vice
Chancellor …… Chairperson
(2)
Pro
Vice-Chancellor (if any)
(3)
Dean(s)
of Faculties
(4)
Heads
of the Departments
(5)
All
Professors other than the Heads of the Departments.
(6)
Two
Associate Professors from the Departments other than the Heads of the
Departments by rotation of seniority
(7)
Two
Assistant Professors from the Departments by rotation of seniority
(8)
Three
persons from amongst educationists of repute or persons from any other field
related to the activities of the Institution deemed to be University who are
not in the service of the Institution deemed to be University, nominated by the
Vice-Chancellor
(9)
Three
persons who are not members of the teaching staff, co-opted by the Academic
Council for their specialized knowledge
(10)
The
Registrar, who shall be the Secretary of the Academic Council
Note: The representation of
different categories shall be only through rotation and not through election.
It may also be ensured that no particular faculty dominates the membership of
the Council.
1.3 Term of Membership:
The term of members other
than the ex-officio members shall be two years.
1.4 Powers and Functions
of the Academic Council:
The Academic Council shall
have the following powers and duties, namely
(i) To consider matters of
academic interest either on its own initiative or at the instance of the Board
of Management or those proposed by the departments/faculties and to take proper
action thereon;
(ii) To exercise general
supervision over the academic work of the institution deemed to be university and
to give direction regarding methods of instruction, evaluation, and
improvements in academic standards;
(iii) To promote research within
the institution deemed to be university, acquire reports on such researches
from time to time;
(iv) To prescribe courses of study
leading to degrees and diplomas of the institution deemed to be university;
(v) To make arrangements for
the conduct of examinations in conformity with the Bye-Laws;
(vi) To appoint examiners,
moderators, tabulators and such other personnel for different examinations;
(vii) To maintain proper
standards of the examinations;
(viii) To recognize diplomas and
degrees of universities and other Institutions and to determine equivalence
with the diplomas and degrees of the institutions deemed to be university;
(ix) To suggest measures for
departmental co-ordination;
(x) To make recommendations to
the Board of Management on:
(a) measures for improvement of
standards of teaching research and training;
(b) institution of Fellowships,
Travel Fellowships, Scholarships, Medals, Prizes etc.;
(c) to recommend to the Board
of Management, the establishment or abolition of departments/centres; and
(d) To frame rules covering the
academic functioning of the institution deemed to be university, admissions,
examinations, award of fellowships and studentships, free-ships, concessions,
attendance, discipline, residence etc.
(xi) To appoint sub-committees
to advise on such specific matters as may be referred to it by the Board of
Management;
(xii) To consider the
recommendations of the sub-committees and to take such action as the
circumstances of each case may require;
(xiii) To take periodical review
of the activities of the Departments/Centres and to take appropriate action
with a view to maintaining and improving standards of instruction;
(xiv) To recommend institution of
teaching posts (Professors, Associate Professors and Assistant Professors) to
the Board of Management; and
(xv) To exercise such other
powers and perform such other duties as may be conferred or imposed upon it by
the Rules.
1.5 Meeting of the
Academic Council:
(i) The Academic Council shall
meet as often as may be necessary but not less than three times during an
academic year. Not less than 15 days' notice shall be given of a meeting of the
Academic Council.
(ii) One third of the total
number of members of the Academic Council shall constitute the quorum for the
meeting of the Academic Council.
(iii) Each member, including its
Chairman, shall have one vote and decisions at the meetings of the Academic
Council shall be taken by simple majority. In case of a tie, the Chairman shall
have a casting vote.
(iv) Any business which it may
be necessary for the Academic Council to perform, except such as may be placed
before its meeting, may be carried out by circulation of the resolution among
all its members and the resolution so circulated and approved by a simple
majority shall be effective and binding as if such resolution had been passed
in the meeting of the Academic Council, provided that at least one half of the
total number of the members of the Academic Council have recorded their views
on the resolution.
2.0 Planning &
Monitoring Board:
2.1 The Planning &
Monitoring Board shall be the principal Planning Body of the institution deemed
to be university and shall be responsible for the monitoring of the development
programmes of the Institution deemed to be University.
2.2 The Vice-Chancellor
shall be the Chairman of the Planning & Monitoring Board. The Registrar
shall be its Secretary. It may include seven internal members and three outside
eminent experts, including one nominee of the UGC.
2.3 The constitution,
powers and functions of the Planning & Monitoring Board shall be prescribed
by the Rules.
2.4 The Planning &
Monitoring Board would have the right to advise the Board of Management and the
Academic Council on any matter which it considers necessary for the fulfilment
of the objectives of the institutions deemed to be university.
2.5 The recommendations of
the Planning & Monitoring Board shall be placed before the Board of
Management for consideration and approval. Proposals relating to the academic
matters may be processed through the Academic Council.
3.0 Finance Committee
(FC)
3.1 Composition of the
Finance Committee:
The Finance Committee shall
consist of the following members:
(1)
Vice
Chancellor - Chairperson.
(2)
Pro
Vice-Chancellor.
(3)
A
person nominated by the Society/Trust/Company.
(4)
Two
nominees of the Board of Management, one of whom shall be a member of the
Board.
(5)
A
representative of Central Government (respective Ministry) not below the rank
of Under Secretary to the Government of India, in case the institutions are
controlled and managed by Central Government or receiving grants more than or
equal to 50% of its expenditure (based on average of previous three year
account) from the Central Government directly or through its Agencies. In all
other Deemed to be Universities the UGC shall nominate a representative. The
UGC will nominate its representative from a panel of names selected through a
Search Committee. The Search Committee will be formed as per details & procedure
as mentioned in Clause 5.0 of Annexure I for selecting the panel of names.
(6)
A
representative of the State Government, in case the institution deemed to be
university is receiving grants from the State Government.
(7)
Finance
Officer-Secretary.
3.2 Terms of Office of
the Finance Committee:
All members of the Finance
Committee other than ex-officio members shall hold office for a term of three
years.
3.3 Powers and Functions
of the Finance Committee:
(i) To consider the annual
accounts and financial estimates of the institution deemed to be university and
submit them to the Board of the Management for approval;
(ii) To consider and recommend
the annual budget and revised estimates to the Board of Management;
(iii) To fix limits of the total
recurring expenditure and the total non-recurring expenditure of the year based
on the income and resources of the institution deemed to be university.
Note: No expenditure other
than that provided in the budget shall be incurred by the institution deemed to
be university without the approval of the Finance Committee.
3.5 Meetings of the
Finance Committee:
The Finance Committee shall
meet at least twice a year to examine the accounts and to scrutinize proposals
for expenditure. Five members shall constitute the quorum for the meeting.
4.0 Board of Studies:
4.1 There shall be one
Board of Studies for each Department of the institution deemed to be
university.
4.2 The Board of Studies
of each faculty/Department shall consist of:
(1)
Dean
of faculty/Head of the Department – Chairperson
(2)
All
Professors of the faculty/Department
(3)
Two
Associate Professors of the faculty/Department by rotation of seniority
(4)
Two
Assistant Professors of the faculty/Department by rotation of seniority
(5)
Not
more than 2 persons to be co-opted for their expert knowledge including those
belonging to the profession or industry concerned
4.3 The powers and
functions of the Board of Studies shall be prescribed by the Rules of the
Institution deemed to be University.
5.0 Selection Committee:
5.1 There shall be a
Selection Committee for making recommendations to the board of Management for
appointment to the post of Professors, Associate Professors, Assistant
Professors and such other posts as may be prescribed in accordance with the UGC
Regulations on Minimum Qualifications for Appointment of Teachers and Other
Academic Staff in Universities and Colleges and Measures for the Maintenance of
Standards in Higher Education, 2010 as amended from time to time.
5.2 Every Selection
Committee shall be constituted in accordance with the UGC Regulations on
Minimum Qualifications for Appointment of Teachers and Other Academic Staff in
Universities and Colleges and Measures for the Maintenance of Standards in
Higher Education, 2010 as amended from time to time.
5.3 Meetings of the
Selection Committee:
(a) The meetings of the
Selection Committees shall be convened by the Chairman of the Selection
Committee as and when necessary.
(b) Four members of the
Selection Committee shall consisting of at least two experts shall form the
quorum.
(c) If the Board of Management
is unable to accept the recommendations of the Selection Committee, it shall
record its reasons thereof and require an appropriate review by a high power
committee.
6.0 Officers of the
institution deemed to be university
The following shall be the
officers of the institution deemed to be university:
(a) Chancellor
(b) Pro Chancellor
(c) Vice-Chancellor
(d) Pro Vice-Chancellor
(e) Registrar
(f) Finance Officer
(g) Controller of Examinations
(h) Dean of Faculties
(i) Head of Department
(j) Such other officers as may
be prescribed in the Rules of the institution deemed to be university.
6.1 Chancellor & Pro
Chancellor:
6.1.1 Chancellor: The
institution deemed to be university shall have a Chancellor who shall, when
present, preside over the convocations of the institution deemed to be
university but shall not be the Chief Executive Officer. The Chancellor, who
will be appointed by the sponsoring Society/Trust/Company, shall hold office
for a period of 5 years and shall be eligible for one more term.
Where power is conferred
upon the Chancellor to nominate persons to authorities, he/she shall, to the
extent necessary, nominate persons to represent the various interests for the
furtherance of the objectives of the institutions deemed to be university.
6.1.2 Pro Chancellor: The
Sponsoring body of the Institution deemed to be University may also appoint a
person as a Pro Chancellor, whose role would be limited to carrying out the
tasks assigned to the Chancellor in these Regulations, when the latter is not
available for carrying out the same. The Pro Chancellor, if so appointed, shall
hold office for a period co-terminus to that of the Chancellor and shall be
eligible to hold the post for maximum two terms.
Expl: If a person holds the
post for a term less than five years, then also it shall be treated as a term
for this purpose.
6.2 Vice-Chancellor:
“(i)
The Vice-Chancellor shall be a whole
time salaried officer of Institution Deemed to be University and shall be
appointed by the Visitor/Chancellor from a panel of three names suggested by a
Search-cum-Selection Committee.
Persons of the highest
level of competence, integrity, morals and institutional commitment shall be
appointed as Vice-Chancellors. The Vice-Chancellor to be appointed shall be a
distinguished academician, with a minimum of ten years of experience as
Professor in a University system or ten years of experience in an equivalent
position in a reputed research and/or academic administrative organization.
The procedure/composition
of Search-cum-Selection-Committee (SCSC) for selection of Vice-Chancellor shall
be as under:
(I) In case, where Management
Control of an Institution Deemed to be University is with the Central
Government or the State Government, the Vice-Chancellor shall be appointed in
accordance with the procedure laid down by the Central Government or the State
Government, as the case may be.
(II) In case, where the funding
to the Institution Deemed to be University by the Government or by its Agencies
is more than or equal to 50% of its expenditure (based on average of previous
three year account) the composition of Search-cum-Selection-Committee shall be
as under:
(a) A nominee of Chancellor
(b) A nominee of the Central
Government; who shall be an eminent academic nominated by the Government in
consultation with UGC
(c) A nominee of Board of
Management
(III) In case, where funding is
less than 50% of its expenditure, the composition of Search-cum-Selection
Committee shall be as under:
(a) A nominee of the
Visitor/Chancellor, who shall be the Chairperson of the Committee
(b) A nominee of the Chairman,
University Grants Commission
(c) A nominee of the
Syndicate/Executive Council/Board of Management of the Institution Deemed to be
University
(ii)
The Vice-Chancellor shall hold office
for a term of 5 years. He shall be eligible for a second term, provided that in
no case shall he hold office beyond the age of 70 years.
Provided that notwithstanding
the expiry of the period of 5 years, he/she may continue in office for not more
than six months or till his/her successor is appointed and the latter assumes
office, whichever, is earlier.
(iii)
In case of the office of the
Vice-Chancellor becoming vacant due to death, resignation or otherwise and in
case of his/her absence due to illness or any other cause, the Pro
Vice-Chancellor, and in his/her absence, the Senior most Professor shall
perform the duties of the Vice-Chancellor until a new Vice-Chancellor is
appointed, or the existing Vice-Chancellor resumes duties, as the case may be.
(iv)
The Vice-Chancellor shall not be a
member of the sponsoring or managing Society/Trust/Company and/or a close
relative of the President or members of the sponsoring or managing
society/trust/company.
6.3 Powers of the
Vice-Chancellor:
(i) The Vice-Chancellor shall
be the Principal Executive Officer of the institution deemed to be university
and shall exercise general supervision and control over the affairs of the
institution deemed to be university and shall be mainly responsible for implementation
of the decisions of all the authorities of the Institution deemed to be
University.
(ii) The Vice-Chancellor shall
be the Ex-officio Chairman of the Board of Management, the Academic Council,
the Finance Committee, the Planning & Monitoring Board and Selection
Committees.
(iii) The Vice-Chancellor shall
have the power to convene or cause to be convened meeting of the various
authorities of the institution deemed to be university.
(iv) The Vice-Chancellor may, if
he/she is of the opinion that immediate action is called for on any matter,
he/she shall exercise any power conferred upon any authority of the institution
deemed to be university under its Regulations and Rules, and take such action
or proceed to take such action and shall report to the authority concerned on
the action taken by him/her on such matters.
Provided that if the
authority concerned as mentioned in clause (ii) above is of the opinion that
such action ought not to have been taken, it may refer the matter to the
Chancellor whose decision thereon shall be final.
Provided further that if
any person in the service of the institution deemed to be university is
aggrieved by the action taken by the Vice-Chancellor under the said clause,
he/she shall have the right to appeal against such decision to the Board of
Management within 30 days from the date on which such action is communicated to
him/her and thereupon the Board of Management shall call the meeting in a
subsequent meeting and may confirm, modify or reverse the action taken by the
Vice-Chancellor.
(v) It shall be the duty of the
Vice-Chancellor to ensure that Regulations and Rules of the institution deemed
to be university are duly observed and implemented; and, he/she shall have all
the necessary powers in this regard.
(vi) All powers relating to the proper
maintenance and discipline of the institution deemed to be university shall be
vested in the Vice-Chancellor.
(vii) The Vice-Chancellor shall
have the power to re-delegate some of his powers to any of his/her subordinate
officers with the concurrence and approval of the Board of Management.
(viii) The Vice-Chancellor shall
exercise all other powers as may be delegated to him/her by the Board of
Management.
(ix) The Vice-Chancellor shall
exercise such other powers and perform such other functions as may be prescribed
by the Regulations, Rules and Bye-Laws.
6.4 Removal of
Vice-Chancellor:
If the Vice-Chancellor of
the Institution Deemed to be University does not have the qualification as
required under these Regulations and also UGC Regulations on Minimum
Qualifications for Appointment of Teachers and Other Academic Staff in
Universities and Colleges and Measures for the Maintenance of Standards in
Higher Education, 2010 as amended from time to time or not appointed as per the
procedure stipulated in these Regulations or has committed any
financial/administrative impropriety, the Vice-Chancellor can be removed on the
recommendations of an Enquiry Committee constituted by the Chairman UGC, after
due process. The Commission based on the report of enquiry committee will give
direction to the Visitor/Chancellor to remove the Vice-Chancellor. However, in
case of Government controlled Institutions, the Commission will send its advice
regarding removal of Vice-Chancellor to respective Ministries in Government of
India/State Government/UT Government.
6.5 Pro Vice-Chancellor:
(i) The post of the Pro
Vice-Chancellor may be created with the approval of the Board of management and
the Central Government.
(ii) The Pro Vice-Chancellor
shall be appointed by the Board of Management on the recommendation of the
Vice-Chancellor.
(iii) The Pro Vice-Chancellor
shall hold office co-terminus with the office of the Vice-Chancellor and at the
pleasure of Vice-Chancellor.
(iv) The Pro Vice-Chancellor
shall have the powers and duties as prescribed by Rules of the institution
deemed to be university.
6.6 Registrar:
(i) The Registrar shall be a
whole time salaried officer of the institution deemed to be university and
shall be appointed by the Board of Management on the recommendations of the
Selection Committee consisting of the following:—
(1)
Vice
Chancellor – Chairperson
(2)
One
nominee of the Chancellor
(3)
One
nominee of the Board of Management.
(4)
One
expert appointed by the Board of Management who is not an employee of the
institution deemed to be university.
(ii) The emoluments and other
terms and conditions of service of the Registrar shall be as prescribed by
Rules of the institution deemed to be university.
(iii) When the office of the
Registrar is vacant or when the Registrar is absent by reason of illness or any
other reason, the duties and functions of the Registrar shall be performed by
such other person as the Vice Chancellor may appoint for the purpose.
(iv) The Registrar shall be
ex-officio Secretary of the Board of Management, the Academic Council and the
Planning and Monitoring Board, but shall not be deemed to be a member of any of
these authorities.
(v) The Registrar shall be
directly responsible to the Vice-Chancellor and shall work under his direction.
(vi) The following shall be the
duties of the Registrar:—
(1)
To
be the custodian of the records and the funds and such other property of the
institution deemed to be university as the Board of Management may commit to
his/her charge;
(2)
To
conduct the official correspondence on behalf of the authorities of the
institution deemed to be university;
(3)
To
issue notices convening meetings of the authorities of the institution deemed
to be university and all Committees and sub-Committees appointed by any of
these authorities;
(4)
To
maintain the minutes of the meetings of all the authorities of the institution
deemed to be university and of all the Committees and sub-Committees appointed
by any of these authorities;
(5)
To
make arrangements for and supervise the examinations conducted by the
institution deemed to be university;
(6)
To
represent the institution deemed to be university in suits or proceedings by or
against the institution deemed to be university, sign powers of attorney and
perform pleadings or depute his/her representatives for this purpose;
(7)
To
enter into agreement, sign documents and authenticate records on behalf of the
institution deemed to be university;
(8)
To
make arrangements to safeguard and maintain the buildings, gardens, office,
canteen, cars and other vehicles, laboratories, libraries, reading rooms,
equipment and other properties of the institution deemed to be university;
(9)
To
perform such other duties as may be specified in the Rules or as may be
assigned by the Board of management or the Vice-Chancellor from time to time.
6.7 Finance Officer:
(i) The Finance Officer shall
be a whole time salaried officer of the institution deemed to be university and
shall be appointed by the Board of Management.
(ii) The emoluments and other
terms and conditions of service of the Finance Officer shall be as may be
prescribed by Rules of the institution deemed to be university.
(iii) The Finance Officer shall
work under the direction of the Vice-Chancellor and shall be responsible to the
Board of Management through the Vice-Chancellor.
(iv) He/she shall be responsible
for the preparation of annual budget, estimates and statements of account for
submission to the Finance Committee and the Board of Management.
(v) He/she shall be responsible
for the management of funds and investments of institution deemed to be
university, subject to the control of Board of Management.
6.8 Controller of
Examinations:
(i) The Controller of
Examinations shall be appointed by the Board of Management.
(ii) The emoluments and other
terms and conditions of service of the Controller of Examination shall be as
may be prescribed by Rules of the institution deemed to be university.
(iii) The Controller of
Examinations shall ensure that all the specific directions of the Board of
Management, Academic Council and Vice-Chancellor in respect of examination and
evaluation are complied with.
(iv) The Controller of Examinations
shall be a permanent invitee to the Board of Management.
6.9 Dean:
The Departments dealing
with allied subjects could be grouped into faculties. Each faculty may be
headed by a Dean.
6.10 Head of the
Department:
(i) There shall be a Head of
the Department for each of the Departments in the institution deemed to be
university who shall be appointed by the Vice-Chancellor from amongst the
Professors of the Department. Provided that if there is no Professor in the
Department or there is only one Professor in the Department whose term as Head
of the Department is ending, the Vice-Chancellor may appoint an Associate
Professor as Head of the Department.
(ii) The term of the Head of the
Department shall normally be 3 years and he/she shall be eligible for reappointment
for one more term, but not for two consecutive terms.
(iii) The powers and functions of
the Head of the Department shall be prescribed by Rules of the institution
deemed to be university.
7.0 Delegation of Powers:
Subject to the provisions
of these Regulations and Rules, any authority or officer of the institution
deemed to be university, with the approval of Board of Management, may delegate
its power to any other authority or officer or person under their respective
control and subject to the conditions that the overall responsibility for
exercising the powers so delegated shall continue to rest in the authority or
officer delegating such powers.
8.0 Seniority List:
(a) Whenever in accordance with
these Rules any person is to hold an office or to be a member of an authority
of the Institution deemed to be University by rotation of seniority, such
seniority shall be determined according to the length of the continuous service
of such person in the grade in the institution deemed to be university in accordance
with such other principles as the Board of Management may from time to time
prescribe.
(b) It shall be the duty of the
Registrar to prepare and maintain in respect of each class/cadre of persons to
whom the provisions of these Rules apply a complete and up-to-date seniority
list in accordance with the provisions of the foregoing clause.
(c) If two or more persons have
equal length of continuous service in a particular grade/cadre or the relative
seniority of any person or persons is in doubt, the Registrar may on his/her
own notion and shall at the request of any such person, submit the matter to
the Board whose decision shall be final and binding.
9.0 Dispute as to
Membership:
If any question arises,
whether any person has been duly nominated or appointed, as or is entitled to
be a member of any authority or any committee of the institution deemed to be
university, the matter shall be referred to the Chancellor, whose decision
thereon shall be final and binding.
10.0 Grievance Redressal
Mechanism:
For individual grievances
and complaints, every institution deemed to be university shall have a
Grievance Redressal Mechanism as may be prescribed by the UGC.
10.0A Special Provisions:
Every Institution Deemed to
be University shall have the following special provisions as per UGC norms:—
(i) Anti Ragging Cell
(ii) Anti discrimination Cell
(iii) Gender Sensitization Cell
(iv) Internal Complaints
Committee for prevention of Sexual Harassment (v) Barrier Free access in all
places
10.0B Institution Deemed
Universities shall be allowed to take credits earned from other institutions
under Choice Based Credit System as per the norms of UGC.
10.0C Institution Deemed to
be Universities shall review the syllabus every three years keeping in view the
developments in the domains of knowledge.
10.0D Institution Deemed to
be University shall adhere to all the Rules, Regulations, norms, guidelines,
directions, etc. issued/notified by the UGC/Government of India from time to
time.
10.0E The Commission can
issue directions to an Institution Deemed to be University for implementation
of any law or Government Policy or in case of any violation of any law or
policy.
11.0 Resignation:
Any member other than an
ex-officio member of any authority may resign by a letter addressed to the
Registrar and the resignation shall take effect as soon as it is accepted by
the Chancellor or the Chairman of the Board of Management, as the case may be.
12.0 Acting Chairman of
the Meetings:
Where no provision is made
for a Chairman to preside over a meeting of an authority of the institution
deemed to be university or any committee of such authority, or if the Chairman
so provided is absent, the members present may select one from amongst
themselves to preside at such meeting.
13.0 Validation of certain
actions, decisions:
No action or proceedings of
any authority or anybody or any committee of the institution deemed to be
university shall be invalid merely by reason of any vacancy therein.
14.0 Disqualification:
(a) A person shall be
disqualified for being chosen as and for being a member of any of the
authorities of the institution deemed to be university:
(i) if he/she is of unsound
mind
(ii) if he/she is an
un-discharged insolvent
(iii) if he/she has been
convicted by a court of law of an offence involving moral turpitude.
(iv) if he/she has not been
appointed as per the provisions of UGC Regulations.
(b) If any question arises as
to whether a person is or has been subjected to any disqualifications mentioned
above, the question shall be referred for decision to the Chancellor and his
decision shall be final.
15.0 Filling of Casual
Vacancies:
Casual vacancies among the
members (other than ex-officio members) of any authority or any Committee of
the institution deemed to be university shall be filled as soon as it may be
convenient by the such authority or the person who appointed or co-opted the
member whose place has become vacant and the person appointed or co-opted to a
casual vacancy shall be member of such authority or committee for the residual
term for which the person whose place he/she fills would have been a member.
16.0 Review of the Academic
Activities of the institution deemed to be university:
The functioning of the
institution deemed to be university may be reviewed after a period of every 5
year or earlier if necessary, by a Committee appointed by the Commission.
17.0 Inspection of the
institution deemed to be university by the Commission:
(i) The Commission may cause an
inspection, to be made by such person or persons as it may direct, of the
institution deemed to be university, its buildings, fixtures and fittings,
laboratories and equipment as also examinations, teaching and other work
carried on or done and, if necessary, to cause an inquiry to be made in respect
of any matter connected with the administration or finances of the institution
deemed to be university.
(ii) The Commission shall, in
every case, give notice to the institution deemed to be university of its
intension to cause an inspection or inquiry to be made and on receipt of such a
notice, the institution deemed to be university shall have the right to make
such representations to the Commission as it may consider necessary.
(iii) Where an inspection or
inquiry has been caused to be made by the Commission, the institution deemed to
be university shall be entitled to appoint a representative who shall have the
right to be present and to be heard at such inspection or inquiry.
(iv) The Commission may
communicate the result of such inspection or inquiry together with such advice
as it may be pleased to offer as to the action to be taken by the institution
deemed to be university to the Vice-Chancellor who shall communicate the same
to the Board of Management.
(v) The Board of Management
shall give proper consideration to the said communication regarding the result
of inspection or inquiry and the proposals for action by the institution deemed
to be university and communicate to the Commission the action, if any, which it
proposes to take or has taken upon the result of such inspection or inquiry.
(vi) Where the Board of
Management does not, within a reasonable time, take any action to the satisfaction
of the Commission, the Commission may, after giving due consideration to the
explanation furnished or representation made by the Board of Management to it,
issue such directions as it may think fit and the Board of Management shall
comply with such directions.
18.0 Income and Property
of the institution deemed to be university to be utilized for its objectives
only:
The income and property of
the institution deemed to be university shall be utilized solely for promoting
the objectives of that institution deemed to be university.
19.0 Ban on payment or
transferring of Income and Property of the institution deemed to be university
by way of Profit:
No portion of the income
and property of the institution deemed to be university shall be paid or
transferred directly or indirectly, by way of dividend, bonus or otherwise
howsoever by way of profit to the persons who were at any time or are members
of the institution deemed to be university or to any of them or any persons
claiming through them, provided that nothing herein contained shall prevent the
payment in good faith of remuneration to any member thereof or other person as
consideration for any service rendered to the institution deemed to be
university or for travelling or other allowances and such other charges.
20.0 Funds, Accounts,
Audits and Annual Report:
(i) The accounts of the
institution deemed to be university shall be maintained in the name of the
institution deemed to be university and not in the name of the sponsoring
Society/Trust/Company. The accounts of the institution deemed to be university
shall be kept in such forms as may be laid down by the Board of Management and
shall conform to the rules, if any, prescribed by the Commission. In case of
Institutions being funded by Central or State Government or their agencies
fully or partially, then the accounts of such institutions deemed to be
university shall be open for examination by the Controller and Auditor General
of India. The accounts shall also be open for inspection by the Commission.
(ii) The annual financial
statements and accounts shall be audited by the Chartered Accountant of the
institution deemed to be university.
Provided that in case of
reasonably credible reports being received of financial impropriety or of
embezzlement or of illegal diversion of funds from the accounts of the
University/Managing Society or of fees being collected against the provision of
the regulations, then the Commission may order an additional audit to be done
by a Chartered Accountant selected by the Commission and take further action
deemed fit under the Regulations based on the audit report.
(iii) Annual Reports and the
Audit Reports shall be submitted by the institution deemed to be university to
the Commission within nine months of the closure of the accounting year.
21.0 Rules of the
institution deemed to be university:
Subject to the provisions
of the Regulations and the Rules of the Commission, the Board of Management
shall, in addition to all other powers vested in it, have the power to frame
the Rules of the institution deemed to be university that may provide for all
or any of the following matters:—
(i) establishment of
Departments of teaching;
(ii) courses of study to be laid
down for all degrees, diplomas and certificates of the Institution deemed to be
University;
(iii) grant of academic awards
(such as degrees and diplomas) and distinctions;
(iv) admission of students to
the Institution deemed to be University and their enrolment as such;
(v) the fees to be charged for
courses of study and for admission to the examinations, degrees, diplomas and
certificates of the Institution deemed to be University;
(vi) conduct of examinations,
appointment of examiners and approval and publication of results thereof;
(vii) institution of award of
fellowships, scholarships, studentships, medals and prizes and prescription of
the conditions thereof;
(viii) maintenance of discipline
among the students;
(ix) maintenance of discipline
among the employees;
(x) establishment of halls of
residence and conditions of residence and health of the students;
(xi) classification, emoluments,
method of appointment and determination of the terms and conditions of service
of the staff;
(xii) such other powers,
functions and duties of the Academic Council as are not mentioned elsewhere;
(xiii) constitution, powers and
functions of the Planning & Monitoring Board;
(xiv) Powers and functions of the
Board of Studies;
(xv) composition, powers and
functions of the Grievance Redress Mechanism;
(xvi) prescribing persons as such
other officers of the institution deemed to be university;
(xvii) such other powers and
functions of the Vice-Chancellor as are not specified elsewhere;
(xviii) emoluments, terms and
conditions of service of the Register;
(xix) emoluments, terms and
conditions of service of the Finance Officer;
(xx) constitution of pension,
provident fund, insurance etc for the benefit of the officers, teachers, and
the other staff;
(xxi) establishment of special
centers;
(xxii) creation, composition and
functions of any committees or body, which is considered necessary for the work
of the institution deemed to be university;
(xxiii) procedure for preparation
and submission of budget estimates;
(xxiv) procedure for convening of
meeting of any authority or committee;
(xxv)laying down of procedures
to be observed at any meeting of any authority or any committee;
(xxvi) constitution of any other
body as an authority of the institution deemed to be university;
(xxvii) delegation of powers to any
authority or officer;
(xxviii) all other matters by this
Regulation or the Rules may be provided but no rule shall be made affecting the
condition of residence, health, discipline, admission, enrolment of students,
conditions, mode of appointments, duties of examiners, conduct of and standard
of examinations or any course of study without consulting the Academic Council.
22.0 Interpretation
Clause:
In the event of conflict of
opinion with regard to interpretation of Regulations or the Rules of the
Commission, the opinion of the Commission shall be final.
23.0 Legal Proceedings:
(i) For the purpose of Section
6 of the Societies Registration Act, 1860, the person in whose name the
institution deemed to be university may sue or be sued shall be the Registrar.
(ii) No suit or legal
proceedings shall lie against the Central Government or the Commission or the
institution deemed to be university or an Officer of the institution deemed to
be university or a member of the authority of the institution deemed to be
university in respect of anything done or purported or intended to be done in
pursuance of any of these Regulations.
24.0 Alteration,
Amendments and Additions to the Rules governing the functioning of the institution
deemed to be university:
No Rule and Bye law
governing the functioning of the institution deemed to be university may be
altered, amended and added to by the Board of Management or such other
competent body to the effect that it is in conflict with or to the detriment of
the provisions of these Regulations; and, no alteration, amendment or addition
to the Rules and bye laws shall be given effect to without the prior approval
of the Commission in accordance with the provision of the Societies Registration
Act, 1860 or the relevant Public Trust Act or Companies Act as in force for the
time being.