Wednesday, April 14, 2010

IMPORTANT SITES

IMPORTANT LINKS

ALL INDIA FEDERATION OF UNIVERSITIES AND COLLEGES TEACHERS ORGANISATIONS www.aifucto.org

UNIVERSITY GRANTS COMMISSION www.ugc.ac.in

PORTAL SITE OF M.P.GOVERNMENT www.mp.gov.in

PORTAL SITE OF GOVERNMENT OF INDIA www.goidirectory.nic.in
www.india.gov.in

INDIRA GANDHI NATIONAL OPEN UNIVERSITY www.ignou.ac.in

draft NCHER

THE NATIONAL COMMISSION FOR HIGHER EDUCATION AND
RESEARCH BILL, 2010.
No. ___ of 2010.

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 onethird
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, take
measures 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 subsection
(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), -
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(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;
Page 34 of 39
(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 subsection
(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 subsection
(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.

MEETING OF SECRETARY GENERAL,AIFUCTO AT GWALIOR

Circular:04/2009-10

07/04/2010

Friends,

Congratulations on the successful holding of Dharna in Juntar Muntar ,New Delhi on 19th March,2010.

Hundreds of AIFUCTO members from all over India gathered in Juntar Muntar on 19th March.2010, staged a vibrant dharna and took out a rally to Parliament.

The teachers demanded immediate notification of the UGC Regulations which has been pending with the MHRD for long though it went with the final endorsement of the UGC. The teachers have also been demanding the rectification of anomalies since the last pay revision. The teachers voiced their protest also over the non-implementation of UGC pay scales in Assam, Bihar, Kerala, Madhya Pradesh, Manipur, Meghalaya and Nagaland. There is also no uniformity in the payment of allowances and the age of retirement. The teachers demanded the MHRD to intervene effectively and solve the issues. The teachers were also worried that the Govt. of India has not paid to the States its commitment of 80% of the expenses incurred for the payment of the scales.

The teachers also voiced their protest over the ‘reforms’ initiated by the MHRD to permit Foreign Education Providers into India and also the move to create a new apex body, the National Commission for Higher Education and Research subsuming the existing apex bodies like the UGC, AICTE etc. AIFUCTO demands that wider consultations be held with all the stake holders before such reforms are brought in.

The General Secretary wrote letters to the Hon’ble Prime Minister,Minister,HRD, Secretary , Human Resouces and various political parties drawing their attention to the AIFUCTO demands.

Leaders of various political parties and central trade unions greeted the dharna which was inaugurated by Prof. K.K. Thekkadath, Prof. James William, President AIFUCTO and Prof. Asok Barman, Gen. Secretary, AIFUCTO., Prof. V.P Singh, Prof. Rabi Roy, Prof. Jaya Gandhi, Prof. Vazir Singh Nehra, Prof. Ganshyam Singh, Prof.Apurba Das,Prof.Chandramohan and other office bearers and leaders of State Organisations also addressed the gathering

I am very happy to inform you that the struggling teachers of Bihar and Madhya Pradesh achieved great victories as the governments in these two states have decided to implement the revised pay scales including the age of retirement of 65 years. Congratulations to the leadership of these states.



UGC regulations

UGC has finalised the regulations and sent the same to the MHRD for approval. We are in constant touch with MHRD to ensure a just and inclusive regulation at the earliest.

NCHER bill and foreign university

We have voiced our opposition to NCHER bill and indiscriminate entry of foreign universities. We demanded nation wide discussion on these extremely important issues.

General Secretaries meeting with UGC Chairman and Secretary on 20thFebruary,2010

General secretary met Prof.Thorat and discussed the pending issues. The delay in the notification of UGC regulations has been a major cause of concern and Prof.Thorat was requested to look into the matter. General Secretary requested him once again to extend the date for Refresher and Orientation courses, for want of which certification thousands of teachers are deprived of career advancement across the states.

General secretary’s meeting with MHRD officials on 20th February,2010

General Secretary held meetings with MHRD officials and submitted letters demanding notification of UGC regulations, solving anomalies in 1996 and 2006 pay scales and payment of central government share of revised pay scales.

Delhi program in March,2010

Following the decision of the AIFUCTO Secretariat ,General Secretary held meetings with eminent educationists and political personalities of Delhi and conveyed the AIFUCTO views on the pending problems of the teachers and the current issues like NCHER bill and entry of foreign universities in India. Extensive discussions were held with UGC Chairman and many academicians of Delhi University,JNU and JamiaMilia University.General secretary along with Prof.Nehera,Vice President and Prof.Kapoor Singh,Zonal Secretary, represented AIFUCTO in the meetings.

A meeting was held on 7th march,2010 in Delhi for ensuring successful Dharna program of 19th March.A number of AIFUCTO activists were present in the meeting.Prof.V.S Nehera and Prof. Kapoor Singh took the initiatives for all arrangements

AIFUCTO Meeting with Prof.S.K.Thorat,Chairman,UGC on 18th March.2010

Prof.James William,President, Prof.A.K.Barman,General Secretary,Prof Jaya Gandhi,National Secretary and Prof.V.K.Nehera,Vice president had a meeting with Prof.Thorat and re iterated the AIFUCTO demands and requested him once again to intervene to bring to an end to the present impasse regarding UGC regulations, anomalies and payment of arrears by the central government.The AIFUCTO team expressed the view that the entry of foreign universities will not help the country,on the contrary, there would be disturbing impact. A memorandum (Cf:AIFUCTO website )was submitted to him.



Meeting with Sm.Vibha Puri Das,Secretary, Higher Education,MHRD

General Secretary and Prof.V.P.Singh, National Secretary met Smt.Vibha Puri Das,Secretary, Higher Education, MHRD on 21st March,2010.They expressed deep concern at the delay in the notification of the UGC regulations and no response from the govt. Sm.Das was requested to find solutions to the anomalies of two successive pay revisions and non-payment of central govt.share of the revised pay scales of 2006.It was stated that the teachers are extremely agitated over the the issues and AIFUCTO demanded immediate solution to the long standing problems. Smt.Das promised to look into the matters on an urgent basis. General Secretary also talked to Sri. Sunil Kumar, Additional Secretary ,MHRD and reminded him of AIFUCTO demands.

News from the affiliates

Implementation of the revised pay scales in states

The AIFUCTO affiliates of states where the pay scales were not implemented have intensified the agitation program.The Meghalaya govt. has decided to implement the pay scales. The Kerala Govt. has issued the pay revision order. An agreement between the agitating teachers and Bihar govt. has been reached for the implementation of the pay scales in toto. The teachers of Madhya Pradesh achieved a major victory as the MP Govt. decided to implement the pay scales in toto. We expect other states to come out with pay revision order very soon.

Rajasthan-RUCTA Meeting

A well attended extended Executive Committee and unit secretaries meeting of Rajasthan University and College Teachers’ Associations was held in Jaipur,Rajasthan on 21st February,2010.Prof.Mohan Shotriya, a former National Secretary,AIFUCTO was present as special guest.Prof. James Willium,President and Prof.Asok Barman, General Secretary participated in the meeting.Prof.Subhash Garg,General Secretary, RUCTA highlighted the role of AIFUCTO movement in improving the service conditions of teachers over the decades.He assured active participation of RUCTA in all AIFUCTO program.Prof. Garg and other leaders described the activities of the RUCTA and narrated the success of the organisation in getting the new pay scales in time. However, they pointed out some demands are yet to be fulfilled and RUCTA leadership will take all measures for the acceptance of demands.Prof.Shrotriya made a very emotional and powerful presentation and briefly dwelt upon the glorious history of the AIFUCTO movement.Prof.Willium emphasised the role and duty of teachers in the context of changing educational scenario and decalred that AIFUCTO is committed to the cause of inclusive and quality education. Prof. Barman acknowledged the leading role of RUCTA in AIFUCTO movement and encouraged the younger teachers to be more and more involved in strengthening the teachers’ movement, both at the state and national levels.

Congratulations to Prof.Subhas Garg for his appointment as Chairman, Rajasthan Board of Secondary Education.Ajmer.

Seminar and meeting in Gwaliar,Madhya Pradesh

Prof.Asok Barman,General secretary was the inaugural speaker in a Seminar on "Politics & Education: Higher Education in India-Context and Concerns" during March 19-21, 2010. organized by Jiwaji University,Gwaliar.He addressed a handsome gathering of academicians and highlighted the need for a stronger public funded education for inclusive and quality education. He warned that the neo-liberal craze for a market oriented higher education system would not augur well for our country and further intensify the dualistic pattern which is the outcome of the spate of privatization and liberalization policies pursued in last few years.

General Secretary attended a meeting of activists of Gwaliar on 20th March,2010. .The meeting was organized by Prof.D.Kumar,Prsedent,Madhya Pradesh Federation of university and College Teachers.General secretary appraised the members of present of the latest developments and hoped that the ongoing pay scales movement in MP would be crowned with success.He stressed the need for strengthening the teachers’ movement.

West Bengal Govt. College Teachers’ Association

A convention was held on 3rd March,2010 in Sanskrit College campus,kolkata in support of formation of a university comprising all govt. colleges instead of converting Presidency College into a unitary university.The former and present leaders of the Association demanded discussion with the Association before finalization of the proposed changes.Prof.Mrinmoy Bhattacarya,former General Secretary,AIFUCTO and Prof.Asok Barman,GS,AIFUCTO expressed solidarity with the demands of the Association and hoped that the Govt. will hold discussion with the Association immediately.

Mailing list of NEC members

All affiliates are requested to send the names and mailing addresses and E-mail ids of present General Secretaries or Presidents to the office of AIFUCTO for sending circulars and other communications. We find that a number of circulars/letters are being returned every month.

News of meetings, seminars etc.

Please send news of all programs to the office of General Secretary for record and inclusion in the AIFUCTO publications.

Payment of struggle fund and membership

We would request the affiliates to send payment of struggle fund and membership fees. Kindly note that the membership is now Rs.10 (Rs.Ten) per member and Rs.5000 (Rs.Five Thousand) for the federation from the current year.

Website

All circulars and news are published in website. It has been reported that the postal communications taking long time or even failing to reach the destinations. Kindly visit website on a regular basis for latest developments.



NEC meetings

We shall be happy to receive invitations for NEC meetings from those parts of the country where such meetings have not yet taken place. Please note that such meeting are of great importance to strengthen the AIFUCTO movement

Greetings

Asok Barman,
General Secretary