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UNIVERSITY GRANTS COMMISSION ACT, 1956

3 of 1956

3rd March, 1956

STATEMENT OF OBJECTS AND REASONS "The Constitution of India vests Parliament with exclusive authority in regard to 'co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions'. It is obvious that neither co-ordination nor de- termination of standards is possible unless the Central Government has some voice in the determination of standards of teaching and examination in Universities, both old and new. It is also necessary to ensure that the available resources are utilised to the best possible effect. The problem has become more acute recently on account of the tendency to multiply Universities. The need for a properly constituted Commission for determining and allocating to Universities funds made available by the Central Government has also become more urgent on this account. 3. It is therefore proposed to establish a University Grants Commission as a corporate body which will inquire into the financial needs of Universities and allocate and disburse grants to Universities for any general or specified purpose. The Commission will also have the power to recommend to any University the measures necessary for the reform and improvement of University education and to advise the University concerned upon the action to be taken for the purpose of implementing such recommendation. The Commission will act as an expert body to advise the Central Government on problems connected with the co-ordination of facilities and maintenance of standards in Universities. The Commission, in consultation with the University concerned, will also have the power to cause an inspection or inquiry to be made of any University established by law in India and to advise the University on any matter which has been the subject of an inquiry or inspection. The Commission shall also advise, whenever such advise is sought, on the establishment of new Universities. 3. The Bill also seeks to restrict the use of the word 'University' or the power to confer degrees, etc., to institutions established as such by law in India or to institutions empowered to do so by an Act of Parliament and provides a penalty for contravention of these provisions by an individual or a corporate body. 4. While the provisions of the Bill do not apply to institutions of higher education which are not Universities, power is vested in the Central Government to declare any in- situation for higher, education to, be a University for the purposes of this Bill by issuing a notification in the Official Gazette."- Gaz. of India,. 1854. Extra. Pt. II S. 2, p.. 626. Amending Act 33 of 1972.- The University Grants Commission (Amendment) Act, 1970 (27 of 1970) was not brought into force because the provisions of that Act, particularly those relating to the appointment of the members of the Commission, needed further consideration. The various issues involved have been discussed with the Chairman of the University Grants Commission and some other eminent educationists. In the light of these discussions, it has. been decided to modify some of the amendments which were made by the Amendment Act of 1970 and to make fresh amendments in the University Grants Commission Act. 1956. 2. The main features of the Bill are:- (a) The number of members of the Commission will be increased from 9 to 12 . of whom two shall be full time members, namely the Chairman and the Vice-Chairman; (b) Serving Vice -Chancellors and Heads of Institutions which are entitled under the Act to receive grants from the Commission will be made eligible for being appointed as members of the Commission; (c) In the case of a casual vacancy in the office of the Chairman by reason of his death or resignation or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairman will act as Chairman and shall, unless any other person is appointed earlier as Chairman; hold office for the remainder of the term of the out-going Chairman. In case there is no Vice-Chairman at the time when the casual vacancy occurs, the Central Government will have power to appoint any member of the Commission to act as Chair- man for a period not exceeding six months;

(d) Casual vacancies in the office of members of the Commission which were hitherto filled for the residue of the term of the out-going members will now be filled for a full term; (e) The Commission will be empowered to give assistance to the non-Central Universities for the maintenance of their special activities like centre of advanced studies; (f) The Commission, will be empowered to give grants to institutions deemed to be universities in pursuance put a declaration made under section 3of the Act for their maintenance in special cases, development or for other specified purposes; (g) The Central Government, the Commission or any other organisation receiving any funds from the Central Government will not give any grant to any University which is established after the commencement of the present Amendment Act unless such University has been declared by the Commission to be fit for receiving such grants; (h) The power of the

Commission under section 14of the Act to withhold grants from Universities which fail to comply with any .recommendation made by the Commission under section 12orsection 13 of the Act will be amplified to bring within its preview the contravention of any of the rules or regulations made under section 25orsection 26of the Act, dealing with inspection of Universities, returns required to be furnished by the Universities the Commission and certain other matters; (i) The Commission will be empowered to make regulations regarding delegation by the Commission to its Chairman. Vice-Chairman, or officers of its power of general superintendence and direction over the business transacted by, or in the Commission including the powers with regard to the office expenditure and other matters relating to the internal administration of the Commission.--Gaz. of Ind., 29-5-1972, Pt. II. S. 2. Ext., p. 505. An Act to make provision for the co-ordination and determination of standards in Universities and for that purpose, to establish a University Grants Com- mission. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:-

SECTION 01: Short title and commencement

(1) This Act may be called THE UNIVERSITY GRANTS COMMISSION ACT, 1956.

(2) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint.

SECTION 02: Definitions

In this Act unless the context otherwise requires,-

(a) "Commission" means the University Grants Commission established under section 4-;

(b) "executive authority", in .relation to a University, means the chief executive authority of the University (by whatever name called) in which the general administration of the University is vested;

(d) "member" means a member of the University Grants Commission and includes a Chairman3 [and Vice-Chairman];

(e) "prescribed" means prescribed by rules made under this Act;

(f) "University" means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognised by the Commission in accordance with the regulations made in this behalf under this Act.

OBJECTS AND REASONS Clause (f).-"The Committee consider that the University Grants Commission should have power to deal not only with constituent colleges but also other colleges affiliated to the University. At the same time, they realise that the number of affiliated colleges being very large, it would not be possible within the limited resources of the Commission to deal with all of them. The Committee therefore are of opinion that the Com- mission should be empowered to recognize such institutions as it thinks proper on the recommendation of the University concerned and in accordance with the regulations to be made in this behalf."-J.C.R. (1955)

SECTION 03: APPLICATION OF ACT TO INSTITUTIONS FOR HIGHER STUDIES OTHER THAN UNIVERSITIES

The Central Government may, on the advice of the Commission, declare, by notification4in 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 pro- visions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2-

SECTION 04: ESTABLISHMENT OF THE COMMISSION

(1) With effect from such date as the Central Government, may, by notification5in the Official Gazette, appoint, there shall be established a Commission by the name of the University Grants Commission.

(2) The said Commission shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued.

SECTION 05: COMPOSITION OF THE COMMISSION

(1) The Commission shall consist of-

(i) a Chairman,

(ii) a Vice-Chairman, and

(iii) ten other members, to be appointed by the Central Government.

(2) The Chairman shall be chosen from among persons who are not officers of the Central Government or of any State Government.

(3) Of the other members referred to in clause (ii) of sub-section (1)-

(a) two shall be chosen from among the officers of the Central Government, to represent that Government;

(b) not less than four shall be chosen from among persons who are, at the time when they are so chosen, teachers of Universities; and

(i) who have knowledge of, or experience in agriculture, commerce, forestry or industry;

(ii) who are members of the engineering, legal, medical or any other learned profession; or

(iii) who are Vice-Chancellors of Universities or who, not being teachers of Universities are, in the opinion of the Central Government, educationists of repute or have obtained high academic distinctions: Provided that not less than one -half of the number chosen under this clause shall be from among persons who are not officers of the Central Government or of any State Government.

(4) The Vice-Chairman shall exercise such of the powers, and discharge such of the duties of the Chairman as may be prescribed.

(5) Every appointment under this section shall take effect from the date on which it is notified by the Central Government in the Official Gazette.]

SECTION 06: Terms and conditions of service of members

9(1) A person appointed as Chairman, Vice-Chairman or other member after the commencement of the University Grants Commission (Amendment) Act, 1985 shall, unless he sooner becomes disqualified for continuing as such under the rules that may be made under this Act,-

(a) in the case of Chairman, hold office for a term of five years or until he attains the age of sixty-five years, whichever is earlier ;

(b) in the case of Vice-Chairman, hold office for a term of three years or until he attains the age of sixty-five years, whichever is earlier;

(i) a person who has held office as Chairman or Vice-Chairman shall be eligible for further appointment as Chairman, Vice- Chairman or other member, and

(ii) a person who has held office as any other member shall be eligible for further appointment as Chairman, Vice-Chairman or other member:

Provided further that a person who has held office for two terms, in any capacity, whether as Chairman, Vice-Chairman or other member [excluding a member referred to in clause (a) of subsection (3) of Section 5], shall not be eligible for any further appointment as Chairman, Vice- Chairman or other member. ".]

(2) A member may resign his office by writing under his hand addressed to the Central

Government, but he shall continue in office until his resignation is accepted by the Central Government.

8[(3) If a casual vacancy occurs in the office of the Chairman, whether by reason of his death, resignation, or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairman holding office as such for the time being shall, notwithstanding anything contained in sub-sec. (2) of section 5-, act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold the office of the Chairman for the remainder of the term of office of the person in whose place he is to so act: Provided that where no Vice-Chairman is holding office at the time when the vacancy in the office of the Chairman occurs, the Central Government shall, notwithstanding anything contained in sub-section (2) of section 5-, appoint any other member to act as the Chairman and the person so appointed shall not hold the office of the Chairman for a period exceeding six months,

(4) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity such vacancy shall be filled up by the Central Government by making a fresh appointment and the member so appointed shall hold office for a term of three years.

(5) The office of the Chairman and the Vice-Chairman shall be whole- time and salaried and subject thereto, the terms and conditions of service of the Chairman, Vice-Chairman and other members shall be such as may be prescribed.]

SECTION 07: MEETINGS OF THE COMMISSION

The Commission shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.

SECTION 08: VACANCIES AMONGST MEMBERS OR DEFECT IN CONSTITUTION NOT TO INVALIDATE ACTS OR PROCEEDINGS OF THE COMMISSION

No act or proceedings of the Com- mission shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Commission.

SECTION 09: TEMPORARY ASSOCIATION OF PERSONS WITH THE COMMISSION FOR PARTICULAR PURPOSES

(1) The Commission may associate with itself, in such manner and for such purposes as may be determined by regulations made under this Act, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.

(2) A person associated with it by the Commission under sub-section (1) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Com- mission, and shall not be a member for any other purpose.

SECTION 10: STAFF OF THE COMMISSION

Subject to such rules as may be made by the Central Government in this behalf, the Commission may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act and the terms and conditions of service of the employees shall be such as may be determined by the Com- mission.

SECTION 11: AUTHENTICATION OF ORDERS AND OTHER INSTRUMENTS OF THE COMMISSION

All orders and decisions of the Commission shall be authenticated by the signature of the Chairman or any other member authorized by the Commission in this behalf and all other instruments issued by the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission authorized in like manner in this behalf.

SECTION 12: FUNCTIONS OF THE COMMISSION

It shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may (a) inquire into the financial needs of Universities;

(b) allocate and disburse, out of the Fund of the Commission, grants to Universities established or incorporated by or under a Central Act for the maintenance and development of such Universities or for any other general or specified purpose;

(c) allocate and disburse, out of the Fund of the Commission, such grants to other Universities as it may deem10[necessary or appropriate for the development; of such Universities or for the maintenance, or development, or both, of any specified activities of such Universities] or for any other general or specified purpose: Provided that in making any grant to any such University, the Commission shall give due consideration to the development of the University concerned, its financial needs, the standard attained by it and the national purposes which it may serve;

11[(cc) allocate and disburse out of the Fund of the Commission, such grants to institutions deemed to be Universities in pursuance of a declaration made by the Central Government under section 3-, as it may deem necessary, for one or more of the following purposes, namely;-

(i) for maintenance in special cases,

(ii) for development,

(iii) for any other general or specified purpose;]

12[(ccc) establish, in accordance with the regulations made under this Act, 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 out of the Fund of the Commission such grants as the Commission may deem necessary;]

(d) recommend to any University the measures necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendation;.

(e) advise the Central Government or any State Government on the allocation of any grants to Universities for any general or specified purpose out of the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be;

(f) advise any authority, if such advise is asked for, on the establishment of a new University or on proposals connected with the expansion of the activities of any University;

(g) advise the Central Government or any State Government or University on any question which may be referred to the Commission by the Central Government or the State Government or the University, as the case may be;

(h) collect information on all such matters relating to University education in India and other countries as it thinks fit and make the same avail- able to any University;

(i) require a University to furnish it with such information as may be need- ed relating to the financial position of the University-or the studies in the various branches of learning undertaken in that University, together with all the rules and regulations relating to the standards of teaching and examination in that University respecting each of such branches of learning;

(j) perform such other functions as may be prescribed or as may be deem- ed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions.

OBJECTS AND REASONS "The Committee are of opinion that the University Grants Commission should per- form its functions in consultation with the Universities or the Inter-Universities Board or other Bodies concerned. They consider that the duties of the Commission should be more specifically stated to include promotion and co-ordination of University education and determination and maintenance of standards of teaching, examination and research. The Committee are of opinion that one of the functions of the Commission should be to collect information on University education in India and abroad and to, make such information available to the various universities. Clause (h) has therefore been suitably re- drafted. The Committee fed that the development of regional languages should be one of the purposes for which the Commission should make grants. The Committee have noted the assurance given on behalf of the Government that the Commission will give due consideration to toe importance of the development of the languages mentioned in the Eighth Schedule to the Constitution."- J.C.R. (1955)

SECTION 12A: EGULATION OF FEES AND PROHIBITION OF DONATIONS IN CERTAIN CASES

(1) In this section,-

(a) "affiliation", together with its grammatical variations, includes in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of, a university;

(b) "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 preset students undergoing such course of study for the examination for the award of such qualification;

(c) "prosecution", in relation to a course of study, includes promotion from one part or stage of the course of study to another part or stage of the course of study;

(d) "qualification" means a degree or any other qualification awarded by a university;

(e) "regulations" means regulations made under this Act;

(f) "specified course of study" means a course of study in respect of which regulations of the nture mentioned in sub-section (2) have been made;

(g) "student" includes a person seeking admission as a student;

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