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AN ACT to provide for the determination,
co-ordination, maintenance of standards in, and promotion of, higher education
and research, including university education, technical and professional
education other than agricultural [and medical] education, and for that purpose,
to establish the National Commission for Higher Education and Research.
AN ACT further to promote the autonomy of higher educational institutions
for the free pursuit of knowledge and innovation, and for facilitating access,
inclusion and opportunities to all, and providing for comprehensive and holistic
growth of higher education and research in a competitive global environment
through reforms and renovation; and to provide for an advisory mechanism of
eminent peers in academia.
BE it enacted by Parliament in the Sixty-first Year of the Republic of
India as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement. - (1) This
Act may be called the National Commission for Higher Education and Research Act,
2010.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. Applicability of Act. - The Act shall
apply to all higher educational institutions other than such institutions
engaged mainly in agricultural education [and medical education].
3. Definitions. - In this Act, unless the
context otherwise requires,—
(a) “academic quality” means the quality of teaching, learning and research and
consequently their contribution to enhancement of knowledge and includes
physical infrastructure, human resources (including faculty), administration,
course curricula, admission and assessment procedures, governance structures, of
the higher educational institution;
(b) “accreditation” with its grammatical variations means the process of quality
control in higher education, whereby, as a result of evaluation or assessment or
by any method specified under the National Accreditation Regulatory Authority
for Higher Educational Institutions Act, 2010 [___of 2010], a higher educational
institution or any programme conducted therein is recognised as conforming to
parameters of academic quality and benchmarking of such academic quality
determined by the Commission
under this Act;
(c) “Accreditation Agency” means an agency registered under the National
Accreditation Regulatory Authority for Higher Educational Institutions Act, 2009
[___of 2010];
(d) “Act” means National Commission for Higher Education and Research Act, 2010
[____ of 2010];
(e) “affiliation” together with its grammatical variations, includes, in
relation to a college or institution,—
(i) recognition of such college or institution by a university; or
(ii) association of such college or institution with a university; or
(iii) admission of such college or institution to the privileges of a
university;
(f) “Authorisation” means authorization granted by the Commission, under
subsection
(1) of section 34, to a university or other higher educational institution
empowered, by or under law, to award any degree or diploma to commence its first
academic operations;
(g) “Central University” means a university, or constituent units thereto,
promoted and maintained by the Central Government, either directly or
indirectly, and established or incorporated by or under a Central Act;
(h) “Chair” means the Chair of the Collegium;
(i) “Chairperson” means Chairperson of the National Commission for Higher
Education and Research;
(j) “college” means any institution, whether known as such or by any other name,
which provides for a course of study for obtaining any qualification from a
university and which, in accordance with the rules and regulations of such
university, is recognised as competent to provide for such course of study and
present students undergoing such course of study for the examination, conducted
by or on behalf of the university, for the award of such qualification;
(k) “Collegium” means the Collegium established under section 17 of this Act;
(l) “Commission” means the National Commission of Higher Education and Research
established under section 4 of this Act;
(m) “Co-opted Fellow” means such fellow referred to in sub-section (4) of
section 17 to represent the States and Union Territories;
(n) “Core Fellow” means such fellow referred to in sub-section (3) of section
17;
(o) “degree” means an award, granted by a university or institution empowered by
or under law to do so, certifying that the recipient has successfully completed
a course of study;
(p) “diploma” means such award, not being a degree, granted by a higher
educational institution, other than a polytechnic, certifying that the recipient
has successfully completed a course of study of not less than nine months
duration;
(q) “distance education systems” means the distance education systems as defined
in clause (e) of section (2) of the Indira Gandhi National Open University Act,
1985 [50 of 1985];
(r) “Fellow” means a member of the Collegium and includes the Chair and
Co-Chair;
(s) “first academic operations” means the start of the process of admissions
(including the publication of prospectus), for the first time by a university or
institution empowered, by or under law, to award any degree or diploma, after
its establishment, in respect of any course or programme of study;
(t) “higher education” means such education, imparted by means of conducting
regular classes or through distance education systems, beyond twelve years of
schooling leading to the award of a degree or diploma; but does not include [medical
education or] agricultural education in institutions other than
universities;
(u) “higher educational institution” means an institution of learning including
an university, an institution deemed to be university, a college, an institute,
an institution of national importance declared as such by an Act of Parliament,
or a constituent unit of such institution, which is imparting by means of
conducting regular classes or through distance education systems, higher
education or research therein;
(v) “Institution deemed to be University” means an institution declared as such,
by notification, by the Central Government, before the commencement of this Act;
(w) “Institution of national importance” means an institution declared as such
by a Central Act;
(x) “Overseas citizen of India” means such person registered as an overseas
citizen of India under the Indian Citizenship Act, 1955 [Act No. 57 of 1955], as
amended from time to time;
(y) “Member” means a member of the National Commission for Higher Education and
Research and includes the Chairperson;
(z) “National Education Tribunal” means National Educational Tribunal
established under the Educational Tribunals Act, 2009;
(ab) “National Research Professor” means such person appointed, by the Central
Government, under the National Research Professorship Scheme;
(ac) “notification” means a notification published in the Official Gazette and
the expression “notify” with its cognate meanings and grammatical variations
shall be construed accordingly;
(ad) “prescribed” means prescribed under rules made by the Central Government;
(ae) “programme” means a course or programme of study leading to the award of a
degree or a diploma in a higher educational institution;
(af) “prospectus” includes any publication, whether in print or otherwise,
issued for providing fair and transparent information, relating to a higher
educational institution, to the general public (including to those seeking
admission in such institution) by the management of such institution or any
authority or person authorised by such institution to do so;
(ag) “regulations” means regulations made by the Commission under this Act;
(ah) “State Educational Tribunal” means State Educational Tribunal established
under the Educational Tribunals Act, 2009 [___ of 2010];
(ai) “State University” means a university, or constituent units thereto,
promoted and maintained, either directly or indirectly, by a State Government,
and established or incorporated by or under any State Act;
(aj) “University” means a University established or incorporated by or under a
Central Act or a State Act and includes an institution deemed to be University;
(ak) “Vice Chancellor” means the chief executive of a university;
(al) “Whole-time Members” means the members of the National Commission for
Higher Education and Research referred to in sub-section (2) of section 5, and
includes the Chairperson.
(2) Words and expressions used and not defined herein but defined elsewhere in
any law enacted by Parliament or in the General Clauses Act, 1897 [10 of 1897],
and not inconsistent with this Act shall have the meanings respectively assigned
to them in such law or in the General Clauses Act, 1897 [10 of 1897].
CHAPTER II
NATIONAL COMMISSION OF HIGHER EDUCATION AND RESEARCH
4. Establishment of National Commission of
Higher Education and Research. - (1) The Central Government shall, by
notification, establish, for the purposes of this Act, a Commission to be called
the “National Commission for Higher Education and Research”.
(2) The Commission shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power, subject to the provisions of
this Act, to acquire, hold and dispose off property, both movable and immovable
, and to contract, and shall, by the said name, sue or be sued.
(3) The head office of the Commission shall be at New Delhi.
5. Appointment of Chairperson and Members of
Commission. – (1) The Commission shall consist of a Chairperson and six
other Members.
(2) The office of the Chairperson and three other Members shall be whole-time
and salaried.
(3) The Chairperson and the other whole-time Members shall be scholars being
persons of eminence and standing in the field of academics and research
possessing leadership abilities, proven capacity for institution building and
governance of institutions of higher learning and research.
(4) The Members other than the whole-time Members shall be persons of eminence
with high academic credentials with proven contribution to economic and social
development and experience of engagement with institutions of higher learning
and research.
(5) The Chairperson and other Members shall be appointed by the President on the
recommendation of a Selection Committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the Committee;
(ii) the Speaker of Lok Sabha; and
(iii) the Leader of Opposition in Lok Sabha; and
(iv) [the Minister in charge of Higher Education in the Government of India;
(v) the Minister in charge of Medical Education in the Government of India].
Explanation.—For the purposes of removal of doubts, it is hereby declared
that where the Leader of Opposition in the Lok Sabha has not been recognised as
such, the Leader of the single largest group in opposition to the Government in
the Lok Sabha shall be deemed to be the Leader of Opposition.
(6) The Selection Committee shall make its recommendation from a panel of three
names, submitted by the Collegium under clause (c) of sub-section (1) of section
19, for each vacancy.
(7) The Selection Committee shall devise its own procedure for assessing the
suitability of the person from the panel of names referred to in sub-section (6)
to be recommended to the President for appointment.
(8) Every appointment under this section shall take effect from the date on
which it is notified in the Official Gazette by the Central Government.
(9) The Chairperson or other Member shall, before entering office make and
subscribe before the President or some other person appointed by the President
in that behalf, an oath of affirmation.
6. Resignation and removal of Chairperson and
Members. - (1) The Chairperson or any Member may, by notice in writing under
his hand addressed to the President, resign from office.
(2) The President may remove from office the Chairperson or any Member, who—–
(a) has been adjudged an insolvent; or
(b) has engaged, at any time during his term of office, in any paid employment
outside the duties of his office; or (c) has become physically or mentally
incapable of acting as such Chairperson or
other Member; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has been convicted of an offence which, in the opinion of the President,
involves moral turpitude; or
(f) has acquired such financial or other interest as is likely to affect
prejudicially the exercise of his functions as such Chairperson or other Member;
or
(g) has so abused his position as to render his continuance in office
prejudicial to the public interest; or
(h) has been guilty of proved misbehavior; or
(i) has such other disqualifications as may be prescribed:
Provided that the disqualification under clause (b) shall not apply to the
Members referred to in sub-section (4) of section 5.
(3) Notwithstanding anything in sub-section (2), the Chairperson or a Member
shall not be removed from his office on the grounds specified in clause (g) or
clause (h) or clause (i) of sub-section (2), except by an order made by the
President after an inquiry made in this behalf by the Chairperson of the
National Educational Tribunal, in which such Chairperson or such Member has been
informed of the charges against him and given a reasonable opportunity of being
heard in respect of those charges.
(4) In the event of inquiry instituted under sub-section (3), the President may
suspend such Chairperson or other Member against whom an inquiry has been
instituted for a period not exceeding six months if it consider necessary in
public interest.
(5) The Central Government may, by rules, regulate the procedure for the inquiry
referred to in sub-section (3).
7. Term of office of Chairperson and Members.
- (1) A person appointed as Chairperson and other Members shall hold office for
a term of five years from the date on which he enters upon his office:
Provided that whole-time Members shall cease to hold office on attaining the age
of seventy years.
(2) The Central Government shall, to the extent possible, initiate the process
of appointment in respect of any vacancy due to arise on the post of Chairperson
or other Member before a period of six months from the date of arising of such
vacancy.
(3) The Central Government shall ensure that the process of appointment in
respect of any vacancy on the post of Chairperson or other Members is completed
within a period of six months from the date such vacancy had arisen.
8. Prohibition as to holding of office by
Chairperson or other Member on ceasing to be such Chairperson or Members. -
On ceasing to hold office, the Chairperson or other Member shall be ineligible,
for a period of five years from the date on which they cease to hold office, for
further employment in, or, in matters related to, any higher educational
institution under the Central Government or a State Government or any private
higher educational institution.
9. Member to act as Chairperson or to discharge
his functions in certain circumstances. - (1) In the event of the occurrence
of any vacancy in the office of the Chairperson by reason of death, resignation
or otherwise, the President may, by notification, authorise one of the other
whole-time Members, to act as the Chairperson until the appointment of a person
to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence
on leave or otherwise, such one of the other whole-time Members, as the
President may, by notification, authorise in this behalf, shall discharge the
functions of the Chairperson until the date on which the Chairperson resumes his
duties.
10. Chairperson or Member not to participate in
meetings in certain cases. – The Chairperson or any other Member having any
direct or indirect interest, whether pecuniary or otherwise, in any matter
coming up for consideration at a meeting of the Commission, shall, as soon as
possible after the relevant circumstances have come to his knowledge, disclose
the nature of his interest at such meeting and such disclosure shall be recorded
in the proceedings of the Commission, and the member shall not take any part in
any deliberation or decision of the Commission with respect to that matter.
11. Declaration by Chairperson and other Member.
– (1) The Chairperson or other Member shall, immediately after entering office
and every year thereafter, make a declaration on the extent of his interest,
whether direct or indirect and whether pecuniary or otherwise, in any
institution of research or higher educational institution or in any other
professional or financial activity.
(2) The declaration so made under sub-section (1) shall be placed on the website
of the Commission.
12. Terms and conditions of service of
Chairperson and Members. – (1) The salaries and allowances payable to, and
the status and other terms and conditions of service of, the Chairperson of the
Commission shall be the same as that of the Chief Election Commissioner.
(2) The salaries and allowances payable to, and the status and other terms and
conditions of service of, the whole-time Members other than the Chairperson,
shall be the same as that of an Election Commissioner.
(3) The Chairperson or other whole-time Member, if at the time of his
appointment is in receipt of a pension in respect of any previous service under
the Government of India or the Government of a State, his salary in respect of
the service as the Chairperson or such Member shall be reduced by the amount of
that pension including any portion of pension which was commuted and pension
equivalent of other forms of retirement benefits excluding pension equivalent of
retirement gratuity:
Provided that if the Chairperson or such whole-time Member, if at the time of
his appointment is in receipt of retirement benefits in respect of any previous
service rendered in a Corporation established by or under any Central Act or
State Act or a Government Company owned or controlled by the Central Government
or the State Government, his salary in respect of the service as the Chairperson
or Member shall be reduced by the amount of pension equivalent to the retirement
benefits:
Provided further that neither the salary and allowances nor the status or other
terms and conditions of service of the Chairperson or such whole-time Member
shall be varied to his disadvantage after his appointment.
(4) The status and privileges accorded to Members, other than whole-time
Members, shall be the same as that of an Election Commissioner; and only such
sitting fees and other allowances, as the Commission may decide from time to
time, shall be payable to such Members.
Explanation: The words “Chief Election Commissioner” and “Election
Commissioner” refers to the Chief Election Commissioner and the Election
Commissioner respectively of the Election Commission of India established by
Article 324 of the Constitution of India.
13. Vacancies, etc., not to invalidate the
proceedings of the Commission. - No act or proceeding of the Commission
shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Commission; or
(b) any defect in the appointment of a person acting as a Member of the
Commission; or
(c) any irregularity in the procedure of the Commission not affecting the merits
of the case.
14. Officers and other staff of the Commission.
– (1) The Commission may, for the efficient performance of its functions under
this Act, appoint, in such manner and with such qualifications, [Executive
Directors] and such other officers and employees, as may be specified by
regulations.
(2) The number of, the salaries and allowances payable to, and the other terms
and conditions of service of, the [Executive Directors] and other
officers and employees of the Commission, shall be such as may be specified by
regulations.
(3) The Commission may appoint, in such manner for such temporary period and on
such terms and conditions as may be specified by regulations, such other
academic, management, accounting, technical and scientific experts as it may
consider necessary for the efficient performance of its functions.
(4) Every appointment under sub-section (3), including the qualifications of the
person so appointed and the manner, the terms and conditions and the period of
such appointment, shall be disclosed on the website of the Commission.
15. Procedure to be regulated by the Commission.
- (1) The Commission may delegate such of its powers, not being matters of
policy or relating to exercise of its regulatory functions provided under this
Act, to a Committee of Chairperson and the other whole-time Members.
(2) Subject to the provisions of this Act, the Commission shall have the power
to lay down, by regulations, its own procedure for the conduct of its business
and the exercise of its powers and functions.
(3) All orders and decisions of the Commission shall be authenticated by an [Executive
Director] or any other officer of the Commission duly authorised by the
Chairperson in this behalf.
16. General superintendence, direction and
management of affairs of the Commission. – Subject to the other provisions
of this Act, the general superintendence, direction and management of the
day-to-day administrative affairs of the Commission shall vest in the
Chairperson.
CHAPTER III
COLLEGIUM
17. Collegium.- (1) There shall be
established, a “Collegium” consisting of core Fellows and co-opted Fellows,
being persons of eminence and integrity in academia in higher education and
research.
(2) No person shall be eligible for appointment as a Fellow of the Collegium
unless he -
(a) is a citizen or an Overseas citizen of India; and
(b) has made substantial contribution to the advancement of knowledge
demonstrated through publications which are internationally acknowledged and
peer-reviewed.
(3) A core Fellow of the Collegium shall be a person
(a) who is, or has been, a National Research Professor; or
(b) who is a recipient of the Nobel Prize or Field Medal; or
(c) who is a recipient of the Jnanpith award; or
(d) who is a Member of an Academy of international standing.
(4) The co-opted Fellows shall be chosen by the core Fellows, to represent each
State and each Union Territory, in the manner provided in sub-section (5), from
a panel of five persons of comparable eminence and integrity in academia in
higher education and research recommended by the Government of each such State
or Union Territory, as the case may be.
(5) Every co-opted Fellow shall be appointed in the manner provided hereinafter;
namely,
(a) The qualifications of and the contribution made to the advancement of
knowledge demonstrated through publications or other scholarly activities, of
every person in the panel of names recommended by each State Government or Union
Territory, as the case may be, shall be made available on the website of the
Collegium, for scrutiny of the core Fellows until the day of co-option.
(c) On the date and time so specified, the core Fellows shall proceed to coopt
to the Collegium, one person, from amongst the panel of five persons recommended
by each State and Union Territory, to represent each such State or Union
Territory, in the same manner as provided for election of a person to the
Council of States:
Provided that the number of first preference votes cast in favour of a candidate
shall not be less than two-thirds of the core Fellows present and voting:
Provided further that the total number of votes cast shall not be less than
one-half of the number of core fellows of the Collegium on the date of such
cooption:
Provided also that in the process of co-option, the core Fellows may, to the
extent possible, ensure representation to persons with expertise in such field
of knowledge which, in their opinion, is not adequately represented in the
Collegium.
(d) The person co-opted under clause (c) shall be notified by the Commission as
a Fellow, and on such notification, such Fellow shall be eligible to participate
in the deliberations of the Collegium.
(6) Every Fellow of the Collegium shall, as soon as may be after notification of
his appointment, and every year thereafter, make a declaration on the extent of
his interest, whether direct or indirect and whether pecuniary or otherwise, in
any institution of research or higher educational institution:
(7) The declaration so made under sub-section (6) shall be placed on the website
of the Commission.
(8) Every core Fellow shall, except on account of death, resignation or
otherwise, continue as such.
(9) Every co-opted Fellow shall, except on account of death, resignation or
otherwise, continue as such for a period of five years from the date of his
notification as Fellow.
(10) No Fellow shall receive any remuneration except such sitting fees or
allowances, as may be prescribed, for attending the meetings of the Collegium.
18. Resignation of Fellow.- A Fellow may,
by notice in writing under his hand addressed to the Chair of the Collegium,
resign his membership.
19. Functions of Collegium.- (1) The
Collegium shall -
(a) aid, advise and make recommendations to the Commission for the
determination, co-ordination, maintenance of standards in, and promotion of,
higher education and research therein;
(b) recommend to the Commission a vision on the emerging trends in different
fields of knowledge;
(c) when called upon to do so and in respect of appointments of Members and
Chairperson of the Commission, recommend a panel of three persons for each post
to the Selection Committee constituted under sub-section (4) of section 5;
(d) recommend for inclusion in the National Registry, referred to in section 20,
of persons eligible and qualified to be appointed as Vice Chancellor of a
university or the head of an institution of national importance;
(e) make observations and suggestions (including an assessment of the
performance of the Commission and recommendations to be taken on measures to
enhance such performance) and advise on the adequacy of funding for higher
education and research regarding the report prepared by the Commission under
sub-section (1) of section 27 on the state of higher education and research in
India and its relation to global trends;
(f) make observations and suggestions (including an assessment of the
performance of the Commission and recommendations to be taken on measures to
enhance such performance) on the report prepared by the Commission under
sub-section (5) of section 27 on the vision for higher education and research.
(2) The Collegium shall act collectively in the performance of its functions,
and decisions in such meetings shall be taken, by resolution, by majority
arrived at in the manner provided in section 21.
(3) The meeting of the Collegium shall be convened annually and at such other
times as may be required by the Chair:
Provided that a meeting of the Collegium shall also be convened if at least one
third of the total strength of the Collegium express to the Chair, the desire to
convene such meeting to deliberate on such matter as may be expressed.
(4) The Fellows of the Collegium shall constitute themselves into Advisory
Committees on matters referred for advise to the Collegium by the Commission.
20. Preparation of National Registry of persons
eligible and qualified for appointment as Vice Chancellor or head of institution
of national importance.- (1) The Collegium shall recommend, from time to
time and in such manner as may be prescribed in concurrence with the Commission,
for inclusion in the National Registry, names of persons eligible and qualified
for appointment as Vice Chancellor of a university or the head of an institution
of national importance.
(2) The Central Government, State Governments, universities and higher
educational institutions may refer, from time to time, names of suitable
persons, to the Commission, for inclusion in the National Registry of persons
eligible and qualified for appointment as Vice Chancellor of a university or the
head of an institution of national importance:
Provided that the Commission shall forward the names of such person referred by
the Central Government, State Governments and universities and higher
educational institutions, along with the credentials of such person referred, to
the Collegium for assessing the suitability and competence of such person in the
manner provided under sub-section (1).
(3) A person shall be eligible for inclusion in the National Registry of persons
eligible and qualified for appointment as Vice Chancellor of a university or the
head of an institution of national importance only if he satisfies the minimum
eligibility conditions specified under regulations for such appointment.
21. Procedure for taking decisions by Collegium.-
(1) Subject to the provisions of this Act, the Collegium shall take decisions,
by resolution, on matters for consideration before it.
(2) Each Fellow of the Collegium shall have the right to cast one vote.
(3) No resolution of the Collegium shall be considered as adopted unless
supported by at least one half of the number of Fellows, present and voting:
Provided that, no resolution of the Collegium shall be considered as passed
unless at least one half of the number of core Fellows and one half of the
number of coopted Fellows, present and voting, have respectively supported such
resolution.
(4) Subject to the provisions of this Act, the Collegium shall have the power to
lay down its own procedure for the conduct of its business and the exercise of
its functions.
Explanation: For the purposes of this section, the word “present” shall
not be interpreted to be limited to physical presence of the Fellow but shall be
construed in a broader sense in being available to cast a vote by such means,
including electronic methods, as the Collegium may deem fit.
22. Executive Council of Collegium.- (1)
The Collegium shall have an Executive Council consisting of the Chair and four
other Councillors, elected by majority from amongst Fellows of the Collegium,
for a tenure of one year.
(2) The election for the membership of the Executive Council shall be held in
the Annual Meeting of the Collegium.
(3) The Chair shall preside over all meetings of the Collegium.
(4) Where a vacancy has arisen, on account of death, resignation, removal or
otherwise, on the post of Chair or in his absence, the senior-most Fellow of the
Executive Council, shall perform the duties of the Chair. (5) The Executive
Council shall perform such functions for carrying out the purposes of this Act,
as the Collegium may, by resolution, deem fit.
23. Funds and Administrative support to
Collegium.- (1) The Commission shall provide funds and administrative
support and assistance to the Collegium in the discharge of its functions under
this Act.
(2) The Collegium may obtain the services of such number of experts in
management of, or in, organizations, with such qualifications and on such terms
and conditions, as may be prescribed.
CHAPTER IV
POWERS AND FUNCTIONS OF THE COMMISSION
24. Powers and functions of the Commission.
– (1) The Commission shall, subject to the provisions of this Act and
regulations made thereunder, takemeasures to promote the autonomy of higher
educational institutions for the free pursuit of knowledge and innovation, and
for facilitating access, inclusion and opportunities to all, and providing for
comprehensive and holistic growth of higher education and research in a
competitive global environment, through reforms and renovation.
(2) Without prejudice to the generality of the foregoing provisions, the
measures referred to in sub-section (1), may, inter alia, provide for all
or any of the following matters, namely;
(a) specify norms and standards for grant of authorization, to a university or
an higher educational institution empowered, by or under law, to award any
degree or diploma, to commence its first academic operations;
(b) develop, from time to time, a national curriculum framework with specific
reference to new or emerging or inter-disciplinary fields of knowledge and to
provide a vision and guide universities in recognizing and revising course
curricula;
(c) specify requirements of academic quality for the award of any degree or
diploma in any field of higher education and research;
(d) specify norms of academic quality for accreditation and benchmarking of
higher educational institutions;
(e) specify norms and processes for establishment and winding up of a
university;
(f) specify norms of academic quality for a university to affiliate colleges;
(g) specify norms and mechanisms to measure the productivity of research
programmes funded by the Commission;
(h) encourage joint and cross-disciplinary programmes between and amongst
Universities and other higher educational institutions;
(i) promote synergy of research in universities and higher educational
institutions with research in other agencies or laboratories;
(j) develop measures required to lighten the work load of universities in regard
to their routine functions and to enhance the quality of time available to
universities for research and teaching, and take such measures including schemes
for gradually enabling colleges affiliated to universities to function in an
autonomous manner independent of such affiliation;
(k) specify norms and mechanisms for transparent, efficient and accountable
governance in universities and other higher educational institutions;
(l) specify minimum eligibility conditions for appointment of Vice Chancellor of
any university or head of an institution of national importance;
(m) maintain a National Registry of persons eligible and qualified for
appointment as Vice Chancellor of a university or the head of an institution of
national importance, prepared by the Collegium;
(n) encourage universities to formulate a Code of Good Practices in
administrative matters and to develop a framework Code to guide universities in
formulating such Code of Good Practices;
(o) encourage, through the creation of an enabling environment, universities to
become self-regulatory bodies for the maintenance of academic quality in higher
education and research and in colleges affiliated to it;
(p) develop policies and processes that would create an enabling environment for
eligible youth to take up teaching and research as occupation and career;
(q) develop policies and processes that would enable qualitative and meaningful
interaction between students and teachers in higher educational institutions;
(r) establish, as may be specified by regulations, institutions for providing
common facilities, services and programmes for a group of universities or for
the universities in general and maintain such institutions or provide for their
maintenance by allocating and disbursing such grants as the Commission may deem
necessary;
(s) advise, when called upon to do so, the Central Government and State
Governments, as the case may be, on policies relating to higher education and
research in any field of knowledge therein;
(t) specify sources, norms and mechanisms for financing higher educational
institutions;
(u) specify norms and principles for allocation of grants, for the maintenance
and development or for any other general or specific purpose of a Central
University or an institution of national importance;
(v) specify norms and principles for allocation of grants for the development or
for any other general or specific purpose of a State University or an
institution deemed to be university supported by the Central Government;
(w) disburse grants to higher educational institutions in accordance with norms
and principles established by regulations;
(x) specify norms and principles for allocation and disbursement of grants for
research in any field of knowledge in an higher educational institution;
(y) cause to be undertaken policy research in higher education to identify
future directions and processes in higher education;
(z) cause to be undertaken research to assess future knowledge manpower
requirements, both in the short-term and in the long-term, in different fields
of knowledge for meeting the needs of the economy;
(aa) cause to be undertaken research to develop a vision on future trends in
knowledge.
(ab) monitor, through a national database, all matters concerning the
development of emerging fields of knowledge, balanced growth of higher
educational institutions in all spheres and academic quality in higher education
and research;
(ac) develop mechanisms for social audit of the processes in the Commission and
obtain public feedback on its performance and achievements;
(ad) discharge such other functions in relation to the promotion, coordination
and maintenance of standards in higher education and research as the Central
Government may subject to the provisions of this Act, prescribe.
25. Role of Commission to guide and advise in
establishment of university.- The Commission shall guide and advise a body
or institution, seeking such guidance or advice, in regard to a proposal for the
establishment of a university, in accordance with the norms and standards
specified by it.
26. National Registry of persons eligible and
qualified for appointment as Vice Chancellor or head of institution of national
importance.- (1) The Commission shall maintain a National Registry of
persons eligible and qualified for appointment as Vice Chancellor or head of
institution of national importance, prepared by the Collegium from time to time
under sub-section (1) of section 20.
(2) When called upon to do so by the Central Government or a Central University
or an institution of national importance, as the case may be, the Commission
shall recommend a panel of five names from the National Registry maintained
under subsection
(1) for appointment to the post of Vice Chancellor of such Central University or
head on such institution.
(3) When called upon to do so by a State Government or a State University, as
the case may be, the Commission shall recommend a panel of five names from the
National Registry for appointment to the post of Vice Chancellor of such State
University.
(4) No person shall be eligible for appointment as Vice Chancellor of any
University or head of an institution of national importance unless his name is
included in the National Registry of persons eligible and qualified for
appointment as Vice Chancellor or head of institution of national importance
maintained by the Commission under sub-section (1).
27. Reports of the Commission.- (1) The
Commission shall, annually and such other times as it deems fit, prepare a
report on the state of higher education and research in India and its relation
to global trends and the status of adherence to standards of academic quality;
and such report shall be provided to the Collegium to enable Fellows of the
Collegium the opportunity to offer comments or suggestions (including an
assessment of the performance the Commission and recommendations to be taken on
measures to enhance such performance) on the report, or any part of it thereof:
(2) The Commission shall, after considering such comments or suggestions
(including the assessment of performance of the Commission and recommendations
on measures to be taken to enhance such performance) received on the report
under subsection (1), and after making such modifications and amendments as it
may deem fit, present to the President, the report:
Provided that the report presented to the President shall include the comments
or suggestions or recommendations received under sub-section (1).
(3) The Commission shall, in respect of every State and Union Territory, before
the expiration of a period of five years from the date of commencement of this
Act and at an interval of every five years thereafter, and such other times as
it deems fit, prepare a report on the state of higher education and research in
such State or Union Territory and its relation to national trends.
(4) The Commission shall present to the Governor of such State or the
administrator of an Union Territory, as the case may be, such report prepared
under sub-section (3) on the state of higher education and research in a State
or Union Territory and its relation to national trends.
(5) The Commission shall present to the President, before the expiration of a
period of five years from the date of commencement of this Act and at an
interval of every five years thereafter, a report on the vision of higher
education and research in the forthcoming decade; and shall make in such report,
recommendations as to the measures that ought to be taken for renovation and
rejuvenation of higher education and research, including the following; namely,
(a) vision and strategy for emerging fields of knowledge and norms for
developing requirements of such fields of knowledge; and
(b) development of curricular framework to reflect the vision of higher
education and research.
(c) norms and mechanisms for evaluating cost and price of higher education and
research; and
Provided that before the report is presented to the President, the Commission
shall provide such report to the Collegium to enable Fellows of the Collegium
the opportunity to offer comments or suggestions (including an assessment of the
performance the Commission and recommendations to be taken on measures to
enhance such performance) on the report, or any part of it thereof; and such
comments or suggestions received thereon shall be appended to the report
presented to the President.
(6) The President shall cause to be laid before both Houses of Parliament, such
reports prepared by the Commission under sub-section (2) and sub-section (5),
along with an explanatory memorandum on the action taken, or proposed to be
taken, thereon in respect of each recommendation made by the Commission or the
Collegium.
(7) The Governor of every State shall cause to be laid before the Legislative
Assembly of such State, the report prepared by the Commission under sub-section
(4) concerning the state of higher education and research in such State, along
with an explanatory memorandum on the action taken, or proposed to be taken,
thereon in respect of each recommendation made by the Commission.
28. Review of performance of Commission.-
(1) The President shall, within five years from the commencement of this Act and
thereafter at the expiration of every fifth year, constitute a Committee to
evaluate and review the performance in the said period of the Commission, and
consisting of persons, being citizens of India or otherwise, of international
eminence and standing, to be appointed by the President on the basis of a panel
of names to be submitted by the Collegium .
(2) The Committee referred to in sub-section (1) shall evaluate and review the
performance of the Commission and make recommendations to the President as to –
(a) the extent of fulfillment of the goals and objectives of the Commission
stated in the Preamble to this Act, as demonstrated by the state of higher
education and research;
(b) the interface between the Commission and the Collegium;
(c) such other matters referred to the Committee by the President in the
interests of the development and promotion of the advancement of knowledge and
learning in universities and other institutions of higher education and research
and the role of the Commission thereto.
(3) The President shall cause to be laid before both Houses of Parliament, the
report of the Committee constituted under sub-section (1) along with an
explanatory memorandum on the action taken, or proposed to be taken, thereon in
respect of each recommendation of the Committee.
29. Powers of Central Government to frame
National Policy.- The Central Government shall, at such times at it deems
appropriate, prepare in consultation with the State Governments and the
Commission, a national policy for the development of higher education and
research, which shall guide the Commission in the exercise of its powers and
functions under this Act.
30. Central Government to inform Commission of
decisions on matters of Policy.- (1) The Central Government shall inform the
Commission of all decisions taken by it on matters of policy concerning higher
education and research.
(2) If any dispute arises between the Central Government and the Commission as
to whether a question is or is not a question of policy, the decision of the
President shall be final.
31. Procedure in making regulations. – (1)
The Commission shall issue a public notice, in such manner and form as may be
specified by regulations, regarding a draft of regulation and a copy of the
draft of regulation shall be placed on the website of the Commission for a
period of thirty days from the date of issue of the public notice to enable
Universities, State Higher Education Councils, Fellows of the Collegium and the
general public the opportunity to offer comments or suggestions, as the case may
be, on the draft of regulation, or any part of it thereof.
(2) The Commission shall, after considering such comments received hereinabove,
and after making such modifications and amendments as it may deem fit, notify
the regulations in the Official Gazette.
(3) Every regulation, along with all comments or suggestions received to the
draft of regulation and an explanatory memorandum on the action taken thereon
with reasons for such action, shall be laid before both Houses of Parliament.
CHAPTER V
AUTHORISATION FOR COMMENCEMENT OF FIRST ACADEMIC OPERATIONS
32. Authorisation to University or institution
empowered to award degree or diploma to commence first academic operations.-
No university or institution empowered, by or under law, to award any degree or
diploma established after the coming into force of this Act shall commence its
first academic operations unless it is so authorized, in accordance with such
norms as may be specified by regulations:
Provided further than a university or institution deemed to be university
existing before the commencement of this Act shall deemed to have been
authorised under this Act unless revoked in accordance with the provisions of
section 36.
33. Application for grant of authorization.-
(1) Every application for grant of authorization shall be made, by an
institution or a University, to the Commission in such form and manner and
accompanied by such other documents and on payment of such fees as may be
specified by regulations.
(2) Every application shall be accompanied with an assessment report prepared in
a manner, specified under regulations, from a registered accreditation agency.
34. Procedure for grant of authorisation. –
(1) The Commission shall examine the application and the assessment report
referred to in sub-section (2) of section 33, to ensure that it complies with
the norms of academic quality specified under regulations for grant of
authorization.
(2) The Commission shall, within a period of thirty days from the date of
application and after such examination referred to in sub-section (1), -
(a) decide to declare its intent to grant authorization if the application
complies with the norms of academic quality, specified under regulations for
grant of authorization; or
(b) return, for reasons to be recorded in writing, the application it such
application does not comply with the norms of academic quality, specified under
regulations for grant of authorization:
Provided that the return of the application along with the reasons so recorded
shall be published on the website of the Commission.
(3) The Commission shall, if it has decided to declare its intent to grant
authorization under clause (a) of sub-section (2), issue a public notice, in
such form and manner as may be specified by regulations, and place such
application together with all documents received with the application, for a
period of sixty days from the date of issue of the public notice, on the website
of the Commission.
(4) Any person may, within a period of said sixty days referred to in
sub-section (3), submit his comments or objections, if any, on the application
or part thereof, to the Commission.
(5) The Commission may, within the period of sixty days referred to in
sub-section
(3), require the applicant to furnish such other information or clarification as
it may consider necessary.
(6) The applicant shall be afforded an opportunity to submit his response on the
comments or objections received under sub-section (4) or clarifications sought
under sub-section (5):
Provided that such response shall be submitted within a period of thirty days
from the expiry of the period of sixty days referred to in sub-section (4).
(7) The Commission shall consider all comments or objections or clarifications,
and the response of the applicant thereto, including any other matter as the
Commission may deem fit for such consideration, before the grant of
authorization to such institution or university, as the case may be.
35. Grant of Authorisation. – (1) The
Commission shall, as far as practicable within a period of four months from the
receipt of such application, after considering the comments or objections or
clarifications under sub-section (7) of section 34, (a) issue, by notification,
authorisation to such institution or university, as the case may be, subject to
the provisions of this Act and regulations made thereunder; or
(b) reject, by notification, the application for reasons to be recorded in
writing if such application does not conform to the provisions of this Act and
regulations made thereunder:
(2) The Commission shall, while issuing the authorisation, validate,
periodically at such times as may be specified by regulations, the standards of
academic quality to be achieved over the next ten years, by the institution or
university, as the case may be, so authorised.
(3) The notification of the Commission under sub-section (1), along with reasons
therefor, and the standards of academic quality to be achieved by the applicant
university or institution over the next ten years under sub-section (2), shall
be published on the website of the Commission.
36. Revocation of Authorisation. - (1) If
the Commission, after making such enquiry as may be specified by regulations, is
satisfied that public interest so requires, it may revoke, by notification, the
authorization granted to as institution or university in any of the following
cases, namely: -
(a) where the institution or university, in the opinion of the Commission, makes
wilful or continuous default in doing anything required of it by or under this
Act or rules or regulations made thereunder;
(b) where the institution or university fails, within the period fixed in this
behalf by its authorisation, or any longer period which the Commission may have
granted therefor, to show, to the satisfaction of the Commission, that such
institution or university is in a position fully and efficiently to discharge
the duties
and obligations imposed on it by its authorisation; or
(c) where the institution or university has ceased to exist.
(2) No authorisation shall be revoked under sub-section (1) unless the
Commission has given to the institution or university, as the case may be, not
less than sixty days notice, in writing, stating the grounds on which it is
proposed to revoke the authorisation, and has considered any cause shown by the
institution or university, as the case may be, within the period of that notice,
against the proposed revocation.
(3) Where the Commission revokes authorisation under this section, it shall
serve an order of revocation upon the institution or university, as the case may
be, as the case may be, and fix a date on which the revocation shall take
effect; and such revocation shall be without prejudice to the action that may be
taken against it under any other law for the time being in force:
Provided that the Commission may, instead of revoking the authorisation, permit
it to remain in force subject to such further terms and conditions as they think
fit to impose, and any further terms or conditions so imposed shall be binding
upon and be observed by the institution or university, as the case may be, and
shall be of like force and effect as if they were contained in the authorisation.
(4) The Commission shall publish on its website any action initiated under this
section and the final decision on the revocation of the authorisation or
otherwise together with all documents and reasons for such decision.
(5) The Commission shall, while revoking an authorisation, take, or cause to be
taken, such measures which may be necessary to protect the academic interests of
students in such institution or university.
37. Powers of Civil Court vested in Commission.
- The Commission shall have the same powers as are vested in a Civil Court under
the Code of Civil Procedure, 1908, (5 of 1908) while trying a suit in respect of
the following matters, namely—
(a) summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence
Act, 1872, (1 of 1872) requisitioning any public record or document or copy of
such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing an application for default or deciding it ex-parte;
(h) setting aside any order of dismissal of any application for default or any
order passed by it ex-parte; and
(i) any other matter which may be prescribed by the Central Government.
38. Appeal. — Any person aggrieved by an
order of the Commission, for the grant or refusal, or revocation of
authorisation under this Chapter, may prefer an appeal, in such form and manner
and accompanied by such fees as may be prescribed, against such order to the
National Educational Tribunal within ninety days of such order:
Provided that the National Educational Tribunal may entertain an appeal after
the expiry of the said period of sixty days, if it is satisfied that the
appellant has sufficient cause for not preferring the appeal within the period
of ninety days.
39. Duties and obligations of University in
maintenance of standards of academic quality. – (1) Each University shall
maintain standards of academic quality in higher education and research, as may
be specified by regulations, in such University and in colleges and institutions
affiliated to it.
(2) Each affiliating University shall take measures to support and develop
academic quality in such colleges and institutions with due respect to the
autonomy of such colleges and institutions in its administrative and financial
matters.
40. University to be public authority under
Right to Information Act. – The provisions of the Right to Information Act,
2005 [22 of 2005] shall apply to each University as if it were a public
authority defined in clause (h) of section 2 of Act No. 22 of 2005.
41. Rights and Prohibitions. – (1) The
right to confer or award degrees or diplomas shall be exercised only by an
institution or university, as the case may be, authorized, under section 38 of
this Act.
(2) Save as provided in sub-section (1), no person, institution, organization or
agency shall confer, or award, or hold himself or itself out as entitled to
confer or award, any degree or diploma.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT.
42. Fund of Commission. - (1) The
Commission shall have its own Fund; and all sums which may, from time to time,
be paid to it by the Central Government and all other receipts of the Commission
shall be carried to the Fund and all payments by the Commission shall be made
there from.
(2) The Commission may spend such sums as it thinks fit for performing its
functions under this Act, and such sums shall be treated as expenditure payable
out of the Fund of the Commission.
43. Grants by Central Government.- (1) The
Central Government shall, after due appropriation made by Parliament by law in
this behalf, make to the Commission grants of such sums of money as are required
to pay salaries and allowances payable to the Chairperson and Members, the
administrative expenses including the salaries, allowances and pension payable
to or in respect of officers and other employees of the Commission and the
administrative expenses of the Collegium.
(2) The Central Government shall, after due appropriation made by Parliament by
law in this behalf, make to the Commission grants of such sums of money as are
required for causing to be undertaken policy research to aid the Commission in
the exercise of its powers and performance of its functions under this Act.
44. Annual Financial Statement on Higher
Education and Research.- (1) The Commission shall, in respect of each
financial year, provide to the Central Government a statement of the estimated
expenditure on development of higher education and research for that year,
referred to as the “annual financial statement on higher education and research”
comprising the “annual financial support plan for higher education” and the
“annual financial support plan for research” for that year;
(2) The estimates of expenditure on development of higher education and research
under sub-section (1), shall be based on norms, principles and criteria
specified under regulations.
(3) The Commission shall provide, that part of the estimated expenditure planned
to be appropriated towards research, along with an explanatory memorandum on the
research programmes proposed to be funded and an assessment of the productivity
of research programmes funded in the past five years.
(4) The assessment of the productivity of research programmes under sub-section
(3) shall be based on norms as may be specified by regulations.
(5) The Central Government shall cause the annual financial statement on higher
education and research, with such modifications as it may recommend, to be laid
before Parliament.
(6) The Central Government shall, after due appropriation made by Parliament by
law in this behalf, make to the Commission grants of such sums of money as are
required for supporting the promotion and development of higher education and
research.
45. Annual Funding Support Plan for higher
education.- (1) The Commission shall, by regulations, establish principles,
norms and criteria that would govern the block grants to be provided by it to
support universities and other higher educational institutions for their general
development and maintenance.
(2) The Commission shall, in respect of each financial year on the basis of
grants provided to it under sub-section (6) of section 44, prepare a “annual
funding support plan for higher education” detailing the universities and other
higher educational institutions proposed to be supported and the grants proposed
in respect of each university and other higher educational institution, along
with an explanatory memorandum specifying the reasons thereto.
(3) The annual financial support plan for higher education as soon as may be
after it is made, be published on the website of the Commission and laid before
both Houses of Parliament.
46. Annual Funding Support Plan for research.-
(1) The Commission shall, by regulations, establish principles, norms and
criteria that would govern the grants to be provided by it to support or
supplement research in higher educational institutions.
(2) The Commission shall, in respect of each financial year on the basis of
grants provided to it under sub-section (6) of section 44, prepare a “annual
funding support plan for research” detailing the research programmes in
universities and other higher educational institutions proposed to be supported,
along with an explanatory memorandum specifying the reasons thereto and the
expected outcomes.
(3) The annual financial support plan for research as soon as may be after it is
made, be published on the website of the Commission and laid before both Houses
of Parliament.
47. Accounts and Audit. - (1) The
Commission shall cause to be maintained such books of account and other books in
relation to its account in such form and in such manner as may, in consultation
with the Comptroller and Auditor-General of India, be prescribed.
(2) The Commission shall, as soon as may be after closing its annual accounts,
prepare a statement of accounts in such form, and forward the same to the
Comptroller and Auditor-General by such date, as the Commission may, in
consultation with the Comptroller and Auditor-General, determine.
(3) The accounts of the Commission shall be audited by the Comptroller and
Auditor-General at such times and in such manner as she thinks fit.
(4) The President shall, in respect of each financial year, cause to be laid
before both Houses of Parliament, the annual accounts of the Commission together
with the audit report thereon.
CHAPTER VII
MISCELLANEOUS.
48. Returns and information by Commission. -
The Commission shall furnish to the Central Government such returns or other
information with respect to its regulations, policies or activities as the
Central Government may, for the purpose of reporting to Parliament or for the
making of policy, from time to time, as may be prescribed.
49. Returns and information by Commission.-
Each university and each institution empowered by or under law to award any
degree or diploma, shall furnish to the Commission at such time and in such form
and manner as may be specified by regulations or as the Commission may seek,
such returns and statements and such particulars concerning the financial
position of the University or the studies in the various branches of learning
undertaken in that University, and its rules and regulations concerning
standards of teaching and examination in that University in respect of each such
branch of learning or in such other matters, as the Commission may, from time to
time, require.
50. Act to have overriding effect : The
provisions of this Act shall have overriding effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force or
in any instrument having effect by virtue of any law other than this Act.
51. Power to remove difficulties. - (1) If
any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by order published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act as appear to it to
be necessary or expedient for removing the difficulty.
Provided that no order shall be made under this section after the expiry of two
years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is
made, be laid before each House of Parliament.
52. Review of Act and its provisions by
Parliament.- (1) Parliament may, at the expiration of ten years from the
commencement of this Act and every ten years thereafter and on the basis of the
recommendations made by the Collegium from time to time and the Committee
constituted under sub-section (1) of section 28, review the Act and its
provisions recognizing the continuous growth in all fields of knowledge and
acknowledging the need to provide a responsive framework to adapt to the
changing
needs.
(2) Nothing in sub-section (1) shall be construed as restricting the power of
Parliament to amend the provisions of this Act from time to time.
53. Power of Central Government to make rules.-
(1) The Central Government may, by notification in the Official Gazette, make
rules to carry out the purposes of this Act. (2) In particular, and without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following, matters, namely:–
(a) the other disqualifications for removal of the Chairperson or other Members
under clause (i) of sub-section (2) of section 6;
(b) the procedure for the inquiry under sub-section (4) of section 11;
(c) the sitting fees and other allowances payable to a fellow of the Collegium
for attending its meeting under sub-section (8) of section 17;
(d) the manner of investigation of a charge brought against a fellow of the
Collegium under sub-section (4) of section 18;
(e) the manner of preparation of a National Registry of persons eligible and
qualified for appointment as Vice Chancellor or head of institution of national
importance under sub-section (1) of section 20;
(f) the manner of passing of resolution by the Collegium under sub-section (1)
of section 21;
(g) the number of experts in management of, or in, organizations, and their
qualifications and terms and conditions on which their services shall be
obtained by the Collegium under sub-section (2) of section 23;
(h) the other functions in relation to the promotion, coordination and
maintenance of standards of higher education and research to be entrusted to the
Commission under clause (ab) of sub-section (2) of section 24;
(i) the other matters under clause (i) of section 37 in respect of which the
Commission shall have the powers under the Code of Civil Procedure, 1908 while
trying a suit;
(j) the form and manner in which an appeal may be preferred and the documents to
be accompanied with it and the fees payable therewith under section 38;
(k) the form and manner in which the books of accounts of the Commission shall
be maintained under section 47;
(k) the returns or other information with respect to its regulations, policies
or activities required to be provided to the Central Government by the
Commission under section 48;
(l) any other matter which has to be, or may be, prescribed.
54. Power of the Commission to make regulations.-(1)
The Commission may, by notification in the Official Gazette, make regulations to
carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such regulations may provide for the following matters, namely:–
(a) the qualifications and manner of appointment of the Executive Directors and
the number, qualifications, and manner of appointment of other officers and
employees of the Commission under sub-section (1) of section 14;
(b) the number of, salaries and allowances payable to, and other terms and
conditions of service of the Executive Directors, other officers and employees
of the Commission under sub-section (2) of section 14;
(c) the terms and conditions, the qualifications and the period of appointment
of other academic, administrative, accounting, technical and scientific experts
as may be considered necessary by the Commission under sub-section (3) of
section 1;
(d) the procedure for the conduct of its business and the exercise of its powers
and functions under sub-section (2) of section 15;
(e) the norms and standards for grant of authorization, to a university or an
institution empowered, by or under law, to award any degree or diploma, to
commence its first academic operations under clause (a) of sub-section (2) of
section 24;
(f) the development, from time to time, of a national curriculum framework with
specific reference to new or emerging or inter-disciplinary fields of knowledge
and to provide a vision and guide universities in recognizing and revising
course curricula under clause (b) of sub-section (2) of section 24;
(g) the requirements of academic quality for the award of any degree or diploma
in any field of higher education and research under clause (c) of subsection (2)
of section 24;
(h) the norms of academic quality for accreditation and benchmarking of higher
educational institutions clause (d) of sub-section (2) of section 24; (i) the
norms and processes for establishment and winding up of a university under
clause (e) of sub-section (2) of section 24;
(j) the norms of academic quality for universities to affiliate colleges under
clause (f) of sub-section (2) of section 24;
(k) the norms and mechanisms to measure the productivity of research programmes
funded by the Commission under sub-section (g) of section 17;
(l) the development of measures required to lighten the work load of
universities in regard to their routine functions and to enhance the quality of
time available to universities for research and teaching, and take measures
including schemes for gradually enabling colleges affiliated to universities to
function in an autonomous manner independent of such affiliation under under
clause (j) of sub-section (2) of section 24;
(m) the norms and mechanisms for transparent, efficient and accountable
governance in universities and higher educational institutions under clause (k)
of sub-section (2) of section 24;
(n) the minimum eligibility conditions for a person to be qualified for
inclusion in the National Registry of persons eligible and qualified for
appointment as Vice Chancellor or head of institution of national importance
under clause (l) of sub-section (2) of section 24
(o) development of a framework Code of Good Practices to guide universities in
formulating their Code of Good Practices under clause (n) of sub-section (2) of
section 24;
(p) the development of policies and processes that would create an enabling
environment for eligible youth to take up teaching and research as occupation
and career under clause (p) of sub-section (2) of section 24;
(q) the development of policies and processes that would enable qualitative and
meaningful interaction between students and teachers in universities and other
higher educational institutions under clause (q) of sub-section (2) of section
24;
(r) the establishment of institutions for providing common facilities, services
and programmes for a group of universities or for the universities in general
and maintain such institutions or provide for their maintenance by allocating
and disbursing grants to such institutions under clause (r) of sub-section (2)
of section 24;
(s) the sources, norms and mechanisms for financing of higher educational
institutions under clause (t) of sub-section (2) of section 24;
(t) the norms and principles for allocation of grants for the maintenance and
development or for any other general or specific purpose of a Central University
or an institution of national importance under clause (u) of sub-section (2) of
section 24;
(u) the norms and principles for allocation of grants for the development or for
any other general or specific purpose of a State University or an institution
deemed to be university supported by the Central Government under clause (v) of
sub-section (2) of section 24;
(v) the norms and principles for allocation and disbursement of grants for
research in any field of knowledge in an higher educational institution under
clause (x) of sub-section (2) of section 24;
(w) development of mechanisms for social audit of the processes in the
Commission and obtain public feedback on its performance and achievements under
clause (ac) of sub-section (2) of section 24
(x) the form and manner of issue of public notice on draft of regulations under
sub-section (1) of section 31;
(y) the form and manner in which an application may be made for grant of
authorization and the documents to be accompanied with it and the fee payable
therewith under sub-section (1) of section 33;
(z) the manner of preparation of the assessment report by a registered
accreditation agency and the norms on which such report shall be based, to be
submitted with the application for grant of authorisation under sub-section (2)
of section 33;
(aa) the form and manner in which the public notice may be issued under
subsection (3) of section 34;
(ab) the standards of academic quality to be achieved over the next ten years
after the grant of authorization and the period at which achievement of such
shall be validated to be specified under sub-section (2) of section 35; (ac) the
manner of conduct of enquiry under sub-section (1) of section 36;
(ad) the standards required to be maintained in affiliated colleges and the
manner in which such standards are to be maintained by a university under
sub-section (1) of section 39;
(ae) the norms, principles and criteria for preparation of estimates of
expenditure on development of higher education and research under sub-section
(2) of section 44;
(af) the principles, norms and criteria that would govern the block grants to be
provided to support universities and institutions of national importance for
their general development and maintenance under sub-section (1) of section 45;
(ag) the principles, norms and criteria that would govern the grants to be
provided on competitive basis to support and supplement research under
subsection (1) of section 46;
(ah) any other matter which is required to be, or may be, specified by
regulation or in respect of which provision is to be made by regulations.
(3) No regulation shall be made under clause (b) of sub-section (2) except with
the prior approval of the Central Government.
(4) The first regulations under sub-section (2), after the coming into force of
this Act shall be notified by the Commission expeditiously and not later than
one year from the date of coming into force of this Act.
55. Laying of rules, regulations and
notifications.- Every rule or regulation or notification made under this Act
shall be laid, as soon as may be after it is made, before each House of
Parliament while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the
successive sessions
aforesaid, both Houses agree in making any modification in the rule or
regulation or notification or both Houses agree that the rule or regulation or
notification should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation or notification.
56. Repeal and Savings – (1) The University
Grants Commission Act, 1956 [3 of 1956], the All India Council for Technical
Education Act, 1987 [52 of 1987], the National Council for Teacher Education
Act, 1993 [73 of 1993] are repealed with effect from such date, not later than
one year from the date of coming into force of this Act, as the Central
Government may, in consultation with the Commission, notify.
Provided that in the period between the date of coming into force of this Act
and the date of repeal of the enactments mentioned in this sub-section, the
University Grants Commission, the All India Council of Technical Education and
the National Council of Teacher Education, shall not take any decision or
action, except with the prior approval of the Commission, on any matter as
specified by the Commission.
(2) Notwithstanding anything contained in the Architects Act, 1972 [20 of 1972]
and the Advocates Act, 1961 [25 of 1961], the provisions of this Act shall apply
to any matter concerning the determination, co-ordination, maintenance of
standards in, and promotion of, higher education and research:
Provided that nothing contained in this section shall be construed as
restricting the power of the Bar Council of India to specify standards [of
higher education] concerning practice in courts:
Provided further that nothing contained in this section shall be construed as
restricting the power of the Council of Architecture to specify standards [of
higher education] concerning professional practice:
(3) Nothwithstanding anything contained in the Indira Gandhi National Open
University Act, 1985, [50 of 1985], the provisions of this Act shall apply to
the coordination, determination and promotion of standards in distance education
systems.
(4) The repeal of the enactments mentioned in sub-section (1), hereinafter
referred to as the said enactments, shall not affect proceedings pending in
various courts immediately before the commencement of this Act, under either of
the said enactments, which shall be continued and disposed of as if this Act had
not been passed.
(5) Any rule or regulation made under the said enactments shall continue to
remain in force after coming into force of this Act as if such rule or
regulation has been made under this Act except in so far as it is inconsistent
with the provisions of this Act till such time as any rule or regulation under
this Act overriding such earlier rule or regulation is notified in the Official
Gazette.
(6) Any act done or purported to be done under the said enactments or rules and
regulations made thereunder before the coming into the force of this Act shall
continue to have effect irrespective of the fact that such act done or purported
to be done is inconsistent with the provisions of this Act
(7) On and from the date of repeal of the said enactments, -
(a) any reference to the said enactments in any law for the time being in force
shall be construed to be a reference to this Act;
(b) any reference to the University Grants Commission, the All India Council of
Technical Education or the National Council of Teacher Education, in any law or
rule or regulation for the time being in force or any contract or other
instrument, shall be construed as a reference to the Commission established
under this Act.
(c) all property, movable and immovable, of or belonging to the University
Grants Commission, the All India Council of Technical Education and the National
Council of Teacher Education shall vest in the Commission;
(d) all rights and liabilities of the University Grants Commission, the All
India Council of Technical Education or the National Council of Teacher
Education shall be transferred to, and be the rights and liabilities of, the
Commission;
(e) any reference, by whatever form of words, to the Chairman of the University
Grants Commission, the Chairman of the All India Council of Technical Education
or the Chairman of the National Council of Teacher Education in any law for the
time being in force, or in any instrument or other document, shall be
construed as a reference respectively to the Chairman of the Commission.
(f) The Chairman and other Members of the University Grants Commission, the All
India Council for Technical Education and the National Council for Teacher
Education shall be considered to have demitted office from the date of such
repeal.
(8) On the dissolution of the University Grants Commission, the All India
Council for Technical Education and the National Council for Teacher Education
on repeal of the said enactments, the Central Government, by notification, shall
take consequential action in regard to officers and staff in the regular service
of the University Grants Commission, the All India Council for Technical
Education and the National Council for Teacher Education.
(9) Save as otherwise provided elsewhere in this section, the mention of
particular matters in this section, shall not be held to prejudice or affect the
general application of section 6 of the General Clauses Act, 1897, with regard
to the effect of repeals. |