[07th
November 2023] Whereas the University
Grants Commission has initiated several measures for the internationalization
of the higher education system in India. The University Grants Commission
notified the guidelines on Internationalization of Higher Education in the year
2021, which included provisions like setting up an office for International
Affairs and Alumni Connect Cell in the universities; Whereas, to foster academic
collaboration between Indian higher educational institutions and foreign higher
educational institutions, the University Grants Commission (Academic
Collaboration between Indian and Foreign Higher Educational Institutions to
offer Twinning, Joint Degree and Dual Degree Programmes) Regulations, 2022 were
notified on 2ndMay, 2022; Whereas, a regulatory framework allowing the entry of
higher-ranked foreign universities, for the internationalization of Indian
higher education as envisaged in National Education Policy, 2020 will provide
an international dimension to higher education, enable Indian students to
obtain foreign qualifications at affordable cost, and make India an attractive
global study destination. And whereas there is a need to facilitate the entry
of foreign higher educational institutions into India. Now, therefore, in exercise
of the powers conferred by clause (j) of section 12 read with clauses (f) and
(g) of sub-section (1) of section 26 of the University Grants Commission Act,
1956 (3 of 1956), the University Grants Commission hereby makes the following
regulations, namely:- (1)
These regulations may be called the University
Grants Commission (Setting up and Operation of Campuses of Foreign Higher
Educational Institutions in India) Regulations, 2023. (2)
They shall apply to the campuses of Foreign
Higher Educational Institutions seeking approval under these regulations to
conduct certificate, diploma, degree, research and other programmes at the
undergraduate, postgraduate, doctoral and post-doctoral levels. (3)
They shall come into force from the date of
their publication in the Official Gazette. (1)
In these regulations, unless the context
otherwise requires,- (a)
"Act" means the University Grants
Commission Act, 1956 (3 of 1956); (b)
"Campus" means a campus set up in
India by a Foreign Higher Educational Institution to conduct certificate,
diploma, degree, research and other programmes at undergraduate, postgraduate,
doctoral and post-doctoral levels duly approved under these regulations; (c)
"course" means one of the units
which comprise a programme of study; (d)
"fees" means all fees, including
tuition fees and developmental charges, by whatever name called, payable by the
students enrolled for the course or programme; (e)
"Foreign Higher Educational
Institutions" includes both a University or an Educational Institution in
a foreign country duly recognized and established or incorporated in any manner
such as Trust or Society or Company or Statutory Body or other legal forms
inthe country of its origin, and is duly authorized to offer academic and
research programmes at the undergraduate or higher levels, within and outside
its jurisdiction, as the case may be; (f)
"Programme" means a study programme
leading to the award of a certificate or diplomaor degree by a campus of a
Foreign Higher Educational Institution approved under these regulations. (2)
The words and expressions used in these
regulations and not defined, but defined in the Act, shall have the same
meaning respectively assigned to them in the Act. (1)
The Foreign Higher Educational Institution
intending to establish campuses in India shall fulfil any of the following
criteria at the time of application, that- (a)
it should have secured a position within the
top five hundred in the overall category of global rankings at the time of
application, as decided by the Commission from time to time; or (b)
it should have secured a position within the
top five hundred in the subject-wise category of global rankings at the time of
application or should possess outstanding expertise in a particular area, as
decided by the Commission from time to time. (2)
In the case of two or more than two Foreign
Higher Educational Institutions intending to collaborate to establish campuses
in India, each Foreign Higher Educational Institution should meet the
eligibility criteria. (1)
In case the Foreign Higher Educational
Institution intends to set up more than one campus, it shall make a separate
application to the Commission under the procedure laid down in these
regulations. (2)
Upon fulfilment of the eligibility criteria,
the Foreign Higher Educational Institution shall apply online to the Commission
along with the non-refundable processing fee, as decided by the Commission from
time to time. (3)
The Foreign Higher Educational Institution
shall upload the following documents along with the application on the
University Grants Commission portal, namely:- (a)
permission by the Governing Body or Board, by
whatever name called, for establishing campuses in India; (b)
information on the proposed location,
infrastructural facilities, fee structure, academic programmes, courses,
curricula, availability of faculty and financial resources for setting up and
operations of campuses in India, and any other details that may be sought; (c)
an undertaking to the effect that (i)
the quality of education imparted by it in
its Indian campus is similar to that of the main campus in the country of
origin; and (ii)
the qualifications awarded to the students in
the Indian campus shall enjoy the same recognition and status as if they were
conducted in its home jurisdiction, that is, they shall be recognized in the
country of origin of the Foreign Higher Educational Institution and shall be
equivalent to the corresponding qualifications awarded by the Foreign Higher
Educational Institution in the main campus located in the country of origin. (d)
the latest Accreditation or Quality Assurance
report from a recognized Body; and (e)
any other document as specified in the
application portal. (4)
The Commission shall constitute a Standing
Committee to examine matters related to the setting up and operation of
campuses of Foreign Higher Educational Institutions in India. (5)
The Standing Committee shall assess each
application on merit, including the credibility of the educational
institutions, the programmes to be offered, their potential to strengthen
educational opportunities in India, and the proposed academic infrastructure,
and make recommendations thereof. (6)
In case the applicant is a Foreign Higher
Educational Institution possessing outstanding expertise in a particular area,
the Standing Committee shall consider its strengths, outstanding contribution,
research capacities, institutional history, institutional prestigeand
influence, and professional recognition within the areas, among others. (7)
The recommendations of the Standing Committee
shall be placed before the Commission within a period of sixty days from the
date of receipt of the application, complete in all respects. (8)
Based on the recommendations of the Standing
Committee, the Commission may within a period of sixty days, initially grant
in-principle approval and issue a Letter of Intent to the Foreign Higher
Educational Institution to set up campuses in India within two years from the
date of approval. (9)
The Commission may reserve the right to give
an extension, if required, on a case-to- case basis. (10)
The applicant Foreign Higher Educational
Institution shall convey its readiness for the commencement of its academic
operations to the Commission and the Standing Committee shall examine the
readiness of the campus and give its recommendations. (11)
The Commission shall consider the
recommendations of the Standing Committee and issue approval to the Foreign
Higher Educational Institution, within a period of sixty days, for commencing
the operation of a campus in India with or without conditions. (1)
The campus of Foreign Higher Educational
Institution may evolve its admission process and criteria to admit domestic and
international students. (2)
The Foreign Higher Educational Institution
shall decide the fee structure, which shall be transparent and reasonable. (3)
The Foreign Higher Educational Institution
shall make available the prospectus on its website at least sixty days before
the commencement of admissions, including fee structure, refund policy, number
of seats in a programme, eligibility qualifications, and admission process. (4)
Based on an evaluation process, the Foreign
Higher Educational Institution may provide full or partial merit-based or
need-based scholarships from funds such as endowment funds, alumni donations,
tuition revenues and other sources. (5)
The Foreign Higher Educational Institution
may give tuition fee concessions to students who are Indian citizens. (1)
The Foreign Higher Educational Institution
shall have the autonomy to recruit faculty and staff from India and abroad as
per its recruitment norms. (2)
The Foreign Higher Educational Institution
may decide the qualifications, salary structure, and other conditions of
service for appointing faculty and staff. However, the Foreign Higher
Educational Institution shall ensure that the qualifications of the faculty
appointed shall be at par with the main campus in the country of origin. (3)
The Foreign Higher Educational Institution
shall ensure that the international faculty appointed to teach at the Indian
campus shall stay in India for at least a semester. (1)
The Foreign Higher Educational Institution
shall not admit students and collect fees unless duly approved under these
regulations to set up its campus in India. (2)
The Foreign Higher Educational Institution
shall ensure that the education shall be imparted in a similar manner in
aspects like curricula, pedagogy, assessment and other aspects, as that of the
main campus in the country of origin. (3)
The programme shall not be allowed to be
offered in online or in Open and Distance Learning modes. However, lectures in
online mode not exceeding ten per cent. of the programme requirements may be
allowed. (4)
The Foreign Higher Educational Institution
shall seek prior approval from the Commission before starting any new programme
through the University Grants Commission portal. (5)
The qualifications offered in the campus of
the Foreign Higher Educational Institution in India under these regulations
shall be awarded under the name and seal of the Foreign Higher Educational Institution
in the country of origin. (6)
The qualifications awarded to the students in
the Indian campus shall enjoy the same recognition and status as if they were
conducted in its home jurisdiction, that is, they shall be recognised in the
country of origin of the Foreign Higher Educational Institution and shall be
equivalent to the corresponding qualifications awarded by the Foreign Higher
Educational Institution in the main campus located in the country of origin. (7)
The qualifications awarded under these regulations
shall be equivalent to any corresponding degree awarded by the Indian Higher
Educational Institution for all purposes, including higher education and
employment, with the following stipulations, namely:- (a)
there shall be no further requirement of seeking
equivalence from any authority; and (b)
the degree shall have all benefits, rights,
and privileges as obtained in the case of a degree awarded by an Indian Higher
Educational Institution ordinarily. (8)
The Foreign Higher Educational Institution
shall present their adequacy of financial and other resources required for
establishing and operating its campus in India. (9)
The Foreign Higher Educational Institution
shall have the physical, academic and research infrastructure and facilities
required to conduct its academic and research programmes in its campus in
India. (10)
The Foreign Higher Educational Institution
shall not offer any such programme of study which is contrary to the standards
of higher education in India. (11)
The operation of Foreign Higher Educational
Institution shall not be contrary to the sovereignty and integrity of India,
the security of the State, friendly relations with foreign States, public
order, decency, or morality. (12)
Cross-border movement of funds and
maintenance of Foreign Currency Accounts, mode of payments, remittance,
repatriation, and sale proceeds, if any, shall be in accordance with the
provisions of the Foreign Exchange Management Act, 1999 (42 of 1999) and the
rules and regulations made thereunder. (13)
The Foreign Higher Educational Institution
shall ensure that in case of receipt or utilization of foreign contribution by
any person, compliance of the Foreign Contribution (Regulation) Act, 2010 (42
of 2010) and the rules and regulations made there under. (14)
In case a Foreign Higher Educational
Institution desires to receive or utilize donations from any foreign sources,
it has to obtain prior permission of the Central Government and shall comply
with the provisions of Foreign Contribution (Regulation) Act, 2010(42 of 2010). (15)
The Foreign Higher Educational Institution
shall abide by any other conditions specified by the Commission and the
Government of India from time to time. (16)
The Foreign Higher Educational Institution
shall not act as a representative office of the parent entity to undertake
promotional activities for their programmes in their home jurisdiction or any
other jurisdiction outside India. (17)
The Foreign Higher Educational Institution
may enter into a joint venture with Indian higher educational institutions or
Indian company. (18)
However, the Foreign Higher Educational
Institution campus in India shall have its independent campus with the physical,
academic and research infrastructure and facilities required to conduct its
academic and research programmes. (19)
The Foreign Higher Educational Institution
shall undergo a quality assurance audit and submit the report to the
Commission. (1)
The Foreign Higher Educational Institution
shall submit to the Commission an annual report, giving details of programmes
offered, the number of students admitted and passed out, and qualifications awarded. (2)
The annual report shall be made available on
the website of the Foreign Higher Educational Institution or its campus. (3)
The Foreign Higher Educational Institution
shall submit an audit report annually to the Commission certifying that the
operations of the Foreign Higher Educational Institution in India are in
compliance with the Foreign Exchange Management Act,1999 (42 of 1999) or the
Foreign Contribution (Regulation) Act, 2010 (42 of 2010)and the rules and
regulations made there under or any other applicable Act or laws or rules or
regulations or guidelines and relevant State laws or rules or regulations or
policies in this regard. (1)
The Foreign Higher Educational Institution
shall not discontinue any course or programme or close the campus without the
prior approval of the Commission. (2)
In the case of a course or programme
disruption or discontinuation or closure of the campus, the parent entity shall
be responsible for providing an alternative to the affected students, including
reallocation to the course or programme. (3)
The Foreign Higher Educational Institution
shall have a mechanism to address students grievances. In case, the Foreign
Higher Educational Institution fails to redress the grievances, the students
may appeal to the commission for redressal of their grievances. The Commission shall have
the power to visit the campus and examine its operations to ascertain the
infrastructure, academic programmes and overall quality and suitability. (1)
No Foreign Higher Educational Institution
shall set up and operate any campus in India without the prior approval of the
Commission. (2)
No Foreign Higher Educational Institution
shall offer any programme in India without the prior approval of the
Commission. (3)
The Commission shall cancel or suspend or
withdraw the approval issued to Foreign Higher Educational Institution or take
such other action as it may deem fit after recording reasons therefor, at any
time in the event of any of the following, namely:- (a)
the campus of the Foreign Higher Educational
Institution fails to adhere toor has violated these regulations; (b)
its activities or academic programmes are
against the interest of India; (c)
it fails to abide by the undertaking given at
the time of application; (d)
it engages in operation other than the one
permitted under these regulations; and (e)
in case of any adverse finding,
misappropriation and suppression of facts. In case of any dispute with
respect to these regulations, courts in India shall have exclusive
jurisdiction. (1)
If any question arises regarding the
provisions of these regulations the Commission shall decide that question. (2)
The Commission shall have the power to
clarify any doubt, difficulty, or anomaly about implementing these regulations. (3)
In case of any dispute concerning the
interpretation of the provisions of these regulations, it may refer the same
for the decision of the Central Government.University
Grants Commission (Setting Up And Operation Of Campuses Of Foreign Higher
Educational Institutions In India) Regulations, 2023