Professional Documents
Culture Documents
No.F. 6-1(11)/2006(CPP-I)
December, 2007
To
The Vice-Chancellor
All Deemed to be Universities.
Subject:
Sir,
Section 3 of the UGC Act, 1956 provides as under:The Central Government may, on the advice of the Commission, declare by
notification in the Official Gazette, that any institution for higher education, other than
a University, shall be deemed to be a University for the purposes of this Act, and on
such a declaration being made, all the provisions of this Act shall apply to such
institution as if it were a University within the meaning of clause (f) of the Section 2.
This provision has been made in the Act to bring under the purview of the
University Grants Commission institutions which, for historical reasons or for any
other circumstances, are not universities and yet are doing work of a high standard
in specialized academic field comparable to a university and that granting of the
status of a university would enable them to further contribute to the cause of higher
education which would enrich the institution and the university system.
The UGC guidelines for conferment of the Deemed to be University status
approved in the year 2000 are operational at present. The matter related to revision
of the present guidelines was under consideration of the UGC for quite some time.
In order to incorporate modifications suggested by various Expert Committees, it was
decided to frame comprehensive regulations, dealing with deemed to be universities.
Accordingly, Chairman, UGC constituted an Expert Committee under the
Chairmanship of Prof. K. Ramamurthy Naidu, Member, UGC to prepare regulations
Contd2 /
-2-
Yours faithfully,
Sd/(K.P. Singh)
Section
Title
Definitions
De-novo Institutions
Funding
Maintenance of Standards
10
11
12
Joint Programmes
13
14
15
Reservation Policy
16
Distance Education
17
18
19
20
Jurisdiction of Courts
Annexures
A.
B.
In exercise of the powers conferred by clauses [f] & [g] of sub-section [1] of Section
26 of the University Grants Commission Act, 1956, the U.G.C. hereby makes the
following Regulations, namely:-
1.
1.1
1.2
They shall apply to every Institution which has been declared by notification
as Deemed to be University under Section 3 of the UGC Act, 1956, as also to
those seeking to be declared as Deemed to be University under the Act.
1.3
2.
DEFINITIONS:
In these Regulations, unless the context otherwise requires:
2.1
Act means the University Grants Commission Act, 1956 (Act 3 of 1956).
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
Statutory/Regulatory
Central/State/UT
body
Government
means
legislation
body
so
for
setting
constituted
and
by
maintaining
standards in the relevant areas of higher education, such as All India Council
for Technical Education (AICTE), Medical Council of India (MCI), Dental
Council of India (DCI), National Council for Teacher Education (NCTE), Bar
Council of India (BCI), etc., or a professional/ regulatory body, such as the
Directorate General of Shipping (DGS), etc.
.
3.
3.1
3.2
to provide for quality research and for the advancement and dissemination of
knowledge;
3.3
3.4
3.5
3.6
3.7
to undertake all such other acts and things as may be necessary for the
advancement of knowledge.
4.
4.1
4.2
4.3
4.4
4.5
It may have interface with society through extra mural, extension and field
outreach activities.
4.6
4.7
4.8
Memorandum
of
Association
4.9
It
shall
have
the necessary
4.10
i)
Not less than two acres of land at its main campus if it is located in
metropolitan areas, five acres of land at its main campus, if it is located
in other urban areas, or ten acres of land at its main campus, if it is
located in non-urban areas.
ii)
iii)
iv)
Residence and hostels at least for 25% of the faculty, staff and
students.
v)
scales together with the necessary supporting technical and ministerial staff
as per the norms and standards laid down by the Statutory/Regulatory body
concerned.
a.
For
Institutions
conducting
professional
programmes,
such
as
b.
c.
d.
e.
The Corpus Fund shall be augmented by Rs. 2 Crore and Rs. 5 Crore
for each Off-Campus Centre and each Off-Shore Campus added,
respectively.
f.
The Commission shall have the power to direct any upward revision of
the Corpus Fund from time to time.
g.
The interest accrued on the Corpus Fund may be used only for the
purpose of development and maintenance of the Institution.
h.
4.11
All movable and immovable properties of the Institution shall remain legally
vested in the name of the Institution in the manner as recognized under the
Transfer of Property Act, 1882 or any other law which may be in force.
However, in case the immovable property has been acquired by the Institution
by way of lease, the lease shall be perpetual in nature and initially for at least
99 years.
4.12
4.13
5.
a) Application
5.1
The Institution fulfilling the minimum eligibility criteria as laid down by the
Commission from time to time for considering proposals for declaration as
Deemed University may send its application in triplicate in the prescribed
Proforma to the Secretary, Ministry of Human Resource Development,
Department of Higher Education, Government of India.
5.2
5.3
Where the Institution is affiliated to a university, it shall also submit, along with
its application, a certificate from the affiliating university to the effect that the
students already admitted by it and presently enrolled with the university will
continue in the university under the existing terms and conditions till they pass
out.
5.4
5.5
5.6
The
Commission
shall
5.7
5.8
b)
visit the Institution, hold discussions with its major stake holders
and make on the spot assessment of its academic viability to
function as a Deemed University;
c)
d)
10
5.9
The report of
the
along with the views of the State/UT Government, if any, and the
Statutory/Regulatory body concerned and thereafter the Commission shall
submit its advice to the Ministry of Human Resource Development for its
consideration.
5.10
The advice of the Commission shall state the reasons for advising the Central
Government to declare the Institution as a Deemed University or otherwise,
as
also spell out the conditions, if any, and the number and names of
5.11
5.12
After being satisfied that the Institution fulfills all the requirements as laid
down in these Regulations, the Central Government may issue notification
under Section 3 of the Act declaring the Institution as a Deemed University.
5.13
11
University
may be
considered for review not before one year from the date of the earlier decision
only on specific request for review made by the Institution concerned to the
Central Government.
5.15
The Central Government may refer the matter to the Commission for its
advice.
5.16
The Commission shall then initiate the process of review in the manner
prescribed for scrutiny and evaluation of the original application by
constituting a separate Expert Committee. This Committee shall be of at least
the same size as the previous one that had recommended rejection earlier,
with at least one expert member preferably from the previous Committee as
its member.
5.17
There shall
f) Transparency of action
5.18
The Commission
of each application.
6.
DE-NOVO INSTITUTIONS
6.1
12
6.2
6.3
The Central Government may follow the procedure in Regulation 5.11 and,
after being satisfied that the Institution fulfills the requirements as laid down in
these Regulations, may issue notification declaring the Institution as a
Deemed University provisionally under the de-novo category.
6.4
6.5
7.
FUNDING
Institutions which are declared as Deemed Universities shall continue to
receive the funds for their maintenance and developmental expenditure,
including the salary and non-salary increases in expenditure and the future
expansion, from the same funding sources which have been funding them
prior to such declaration. Such Institutions may also supplement their finances.
13
8.
8.1
8.2
8.3
8.4
The
Deemed
University
8.5
The fee structure for various programmes of study in the Deemed Universities
shall also
be
fixed
Commission.
9.
MAINTENANCE OF STANDARDS
14
10.
10.1
Deemed
and conduct approved programmes of study falling within the area of its
specialization.
10.2
10.3
In
not covered under its MoA, it shall amend its MoA with the approval of the
Commission before opening the Department.
10.4
In
10.5
A Deemed University
intending
10.5.1 been in existence as a Deemed University for a minimum period of five years;
10.5.2 earned a reputation for excellent and innovative teaching, which, inter alia,
includes practicing academic and examination reforms like introducing
modular structure, continuous internal evaluation, etc. and for meaningful and
purposeful research and extension activities;
10.5.3 a good track record of conforming to the relevant regulations/norms of the
Commission and other Statutory/Regulatory bodies regarding minimum
standards of instruction, qualification of faculty, merit-based admission of
students on an all India basis and reasonable fee structure;
15
10.5.4 obtained prior approval of the Statutory/Regulatory body to start the new
Department/programme, and undertakes to comply with all the requirements
of the said body.
10.5.5 mobilized adequate financial resources for starting the proposed new
Department/ Off-Campus Centre/ Off-Shore Campus.
10.5.6 not entered into any franchise agreement with any organization for
establishing and running the Off-Campus Centre/ Off-Shore Campus.
10.6.1 A new Department may be opened by a Deemed University only with the prior
permission of the Commission.
due
permission
from
the
Government
of
India
on
the
intending
10.8
The Commission
shall
verify
10.9
In case permission is not granted, the Deemed University may apply again
for such permission only after one year from the date of rejection of its earlier
application.
16
Centre/Off-Shore
Campus
shall
have
adequate
Department/Off-Campus
10.13 In the case of an Off-Shore Campus, the remittances of funds from/to the
main campus shall be governed by the Reserve Bank of India rules.
be
11.
11.1
11.2
All such institutions shall necessarily comply with the conditions that the
Commission may insist upon in this regard from time to time, to prevent
franchising of education.
11.3
11.4
The Deemed University shall then apply to the Ministry of Human Resource
Development for inclusion of the institution under its ambit.
11.5
After taking the relevant steps of procedure given in Regulation 5, the Central
Government may notify the inclusion of the institution under the ambit of the
Deemed University on being satisfied that Deemed University has:
a)
b)
18
11.6
On the Institution coming under the ambit of the Deemed University, the
Deemed University shall award degrees only to the students registered in the
Institution after its becoming a part of the Deemed University. The students
registered in the Institution prior to that shall receive their degrees from the
university to which the Institution was affiliated at the time of their registration.
11.7
11.8
the entire
had
already registered till they pass out of the Institution) shall stand transferred to
the Deemed University.
11.9
its ambit is rejected for any reason, the Deemed University shall be eligible to
apply again for the same only after one year from the date of rejection.
12.
JOINT PROGRAMMES
13.
14.
15.
RESERVATION POLICY
The Deemed University shall implement the reservation policy in admission
and recruitment, as per directions of the Central Government and/or the
Commission in this regard.
16.
DISTANCE EDUCATION
The Deemed University shall not be entitled to offer any distance education
programme.
17.
The Deemed University shall conduct meetings of all Governing bodies, like
Board of Governors, Academic Council, as per its MoA, and the minutes of
each such meeting shall be sent regularly to the Commission for information
and record.
Educational institutions
pre-fix
the
Educational
prefix
established by the
with
Institutions
the words
established
State Institute
Indian or National.
20
by
with their
their respective
names.
19.2 If
Status
Government. Such a withdrawal shall take effect only after the last batch of
students then enrolled passes out of the Deemed University.
The courts in the territory of Delhi alone shall have jurisdiction to entertain the
disputes / issues arising out of the provisions contained in these Regulations.
**************************
21
Annexure-A
UNIVERSITY GRANTS COMMISSION
Bhadur Shah Zafar Marg
New Delhi
Model Memorandum of Association to be adopted by the Institutions for grant of
Deemed to be University status under Section 3 of the UGC Act, 1956
Every institution seeking to be declared as an institution deemed to be University
under Section 3 of the UGC Act shall be registered as a Society or as a Trust with
Trustees being appointed and vested with powers and duties.
Each such institution has to frame the Memorandum of Association in the form
hereinafter detailed.
1.
Name
Office
Objectives
(ii)
to provide for quality research and for the advancement and dissemination of
knowledge;
(iii)
(iv)
22
(v)
(vi)
(vii)
to undertake all such other acts and things as may be necessary for the
advancement of knowledge.
The objectives should be well defined and well known to the students, teachers
and non teaching staff of the proposed Deemed to be University.
4.
The Institution is established for public good and accordingly its objectives as set
forth above shall mean such objectives and purposes as are regarded in law to be
of charitable in nature.
5.
To carry out the above objectives and for the management of properties of the
Institution, it shall have the following duties and responsibilites:
6.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Admission and employment in the Deemed University shall be open to all persons
regardless of race, religion, caste or creed and the area / place of residence in India.
No test or condition shall be imposed as to the religious belief in admitting students
or appointing members, teachers, workers or in any other connection whatsoever.
23
7.
Admission
7.1
7.2
7.3
8.
Fees
(i)
(ii)
(iii)
9.
Income and Property of the Institution to be applied for the objectives only
The income and property of the Institution, howsoever derived, shall be utilized only
for the promotion of the objectives as set forth in this Memorandum of Association.
10. Income and Property of the Institution not to be paid or transferred by way
of profit
No portion of the income / property of the Institution shall be paid or transferred,
directly or indirectly by way of profit, to the persons who were / are members of the
Institution, provided that nothing herein contained shall prevent the payment in good
faith or remuneration to any member thereof or any other person in return for any
service rendered to the Institution or for traveling, halting and other similar charges.
11.
The names, addresses, and occupations of the members of the first Board of
Management to whom under the rules the management of the Institution is entrusted
till the various authorities are constituted in accordance with the rules, are given
below as required under the Societies Registration Act, 1860:
24
Name
Address
Occupation
Signature
12.
12.1
12.2
****************************
25
Annexure B
MODEL RULES APPLICABLE TO DEEMED UNIVERSITIES
1. Short Title
These rules shall be called the Rules of the __________________________
2. Address of the Deemed University
The registered office of the Deemed University shall be situated at ________
3. Definitions
In these Rules, unless the context otherwise requires:
(a) Authorities means the authorities of the Deemed University
(b) Bye-laws means the bye-laws of the Deemed University
(c) President includes President or Chancellor of the Deemed University
(d) Rules means the Rules of the Deemed University
(e) Vice-Chancellor includes the Vice-Chancellor or the Director of the
Deemed University
4. Authorities of the Deemed University
The following shall be the authorities of the Deemed University:
1.
2.
3.
4.
5.
6.
5.
Board of Management
Academic Council
Planning and Monitoring Board
Finance Committee
Board of Studies
Such other authorities as may be declared by the Bye-laws to be
authorities of the Deemed University
26
5.1
5.2
5.3
27
ii)
iii)
iv)
v)
vi)
vii)
x)
xi)
28
xii)
xiii)
To issue appeals for funds for carrying out the objectives of the
Deemed University and, consistent with the provisions of the
objectives, to receive grants, donations, contributions, gifts,
prizes, scholarship, fees and other moneys, to give grants and
donations, to award prizes, scholarships, etc.;
xxi) To raise and borrow in consultation with the Holding Trustee (if
any) money on bonds, mortgages, promissory notes or other
obligations or securities founded or based on any of the
properties and assets of the Deemed University, or without any
securities, upon such terms and conditions as it may think fit and
to pay out of the funds of the Deemed University, all expenses
29
or
State
xxxi)
xxxii) To appoint such committees for such purpose and with such
powers as the Board of Management may think fit and to co-opt
such persons on these committees as it thinks fit;
xxxiii) To appoint in order to execute an instrument or transact any
business of the Deemed University, any person as attorney of
the Deemed University with such powers as it may deem fit;
xxxiv) To appoint Auditor(s) for the ensuing year;
xxxv) To select an emblem and to have a common seal for the
Deemed University and to provide for the custody and use of
such seal;
xxxvi) To delegate all or any of its powers to any committee or sub
committee constituted by it or the Vice-Chancellor of the
Deemed University or any other person;
xxxvii)To conduct all administrative affairs of the Deemed University
not otherwise specifically provided for;
xxxviii)To take all necessary decisions for the smooth and efficient
functioning of the Deemed University.
5.4
(ii)
(iii)
31
(iv)
(v)
Ceasure of Membership
5.5
5.6
32
Note :
6.2
Terms of Membership
The term of members other than the ex-officio members shall be two years.
33
6.3
b)
c)
d)
Fellowships,
6.4
(xi)
(xii)
(xiii)
(xiv)
(xv)
ii.
iii.
Each member, including its Chairman, shall have one vote and
decisions at the meetings of the Academic Council shall be taken
by simple majority. In case of a tie, the Chairman shall have a
casting vote.
iv.
35
7.
8.
8.1
8.2
36
8.3
(ii)
(iii)
9.
Board of Studies
9.1
9.2
9.3
37
10.
Selection Committee
10.1 There shall be a Selection Committee for making recommendations to
the Board of Management for appointment to the post of Professors,
Readers and Lecturers in the Deemed University and such other posts
as may be prescribed by the Bye-Laws
10.2 Every selection Committee shall be constituted in accordance with the
Regulations framed by the UGC.
10.3 Meetings of the Selection Committee
(a)
(b)
(c)
11.
President
Vice-Chancellor
Registrar
Finance Officer
Dean of Faculties
Head of Department
Such other officers as may be prescribed in the Bye-Laws
11.1 President
The Deemed University shall have a President who shall, when present,
preside over the convocations of the Deemed University. He/she shall be
appointed by the Deemed University Society or Trust and shall hold office for
a period of 5 years.
38
(ii)
(iii)
(iv)
1)
2)
3)
39
4)
5)
6)
7)
8)
9)
The Vice-Chancellor shall exercise such other powers and perform such
other functions as may be prescribed by the Rules and Bye-Laws.
40
11.3 Registrar
(i)
(ii)
(iii)
(iv)
(v)
(vi)
2.
3.
4.
41
5.
6.
7.
8.
9.
11.5
(i)
(ii)
(iii)
The Finance Officer shall work under the direction of the ViceChancellor and shall be responsible to the Board of Management
through the Vice-Chancellor.
(iv)
(v)
42
11.6
12.
(ii)
(iii)
Delegation of Powers
Subject to the provisions of these Rules and Bye-Laws any authority or officer
of the Deemed University, with the approval of Board of Management, may
delegate its power to any other authority or officer or person under their
respective control and subject to the conditions that the overall responsibility
for exercising the powers so delegated shall continue to rest in the authority
or officer delegating such powers.
13.
Seniority List
(a)
(b)
43
(c)
14.
Dispute as to Membership
If any question arises, whether any person has been duly nominated or
appointed as or is entitled to be a member of any authority or any committee
of the Deemed University, the matter shall be referred to the President ,
whose decision thereon shall be final and binding.
15.
16.
Resignation
Any member other than an ex-officio member of any authority may resign by
a letter addressed to the Registrar and the resignation shall take effect as
soon as it is accepted by the President or the Chairman of the Board of
Management, as the case may be
17.
18.
19.
Disqualification
(a)
iii)
(b)
20.
21.
22.
ii)
iii)
iv)
45
23.
v)
vi)
24.
25.
(ii)
46
iii)
26.
Bye-Laws
Subject to the provisions of the Memorandum of Association and the Rules
and Bye-Laws, the Board of Management shall, in addition to all other powers
vested in it, have the power to frame the Bye-Laws which may provide for all
or any of the following matters: (i)
(ii)
(iii)
grant of academic awards (such as degrees and diplomas) and
distinctions;
(iv)
admission of students to the Deemed University and their enrolment as
such;
(v)
the fees to be charged for courses of study and for admission to the
examinations, degrees, diplomas and certificates of the Deemed
University.
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
such other powers, functions and duties of the Academic Council as are
not mentioned elsewhere;
(xiii)
(xiv)
(xv)
composition,
Mechanism;
(xx)
(xxi)
Interpretation Clause
In the event of conflict of opinion with regard to interpretation of
Memorandum of Association or the Rules and Bye-Laws, the opinion of the
UGC shall be final.
48
28.
University
If on the winding up or dissolution of the Deemed University there shall
remain after the satisfaction of all its debts and liabilities, any property
whatsoever, the same shall not be paid or distributed among the members of
the Deemed University or any of them, but shall be transferred to the UGC, or
other bodies in consultation with the agencies concerned who have helped in
creation of those assets.
29.
30.
Legal Proceedings
i)
For the purpose of Section 6 of the Societies Registration Act, 1860, the
person in whose name the Deemed University may sue or be sued shall
be the Registrar.
ii)
49