The University Grants Commission Act, 1956 - An Overview (Draft)

The University Grants Commission Act, 1956 An Overview (Draft)



Executive Summary The Constitution of India empowers the Parliament to legislate on coordination and determination of standards in institutions for higher education or research and scientific and technical institutions. The University Grants Commission Act, 1956 (3 of 1956) (Act) was enacted by the Parliament using this power. The Act provides the basic statutory framework for higher education in India. It establishes a body corporate known as the University Grants Commission (Commission) to act as the apex statutory authority. It also gives the necessary powers and responsibilities to the Commission for achieving the overall objectives of the Act. Some of the powers given to the Commission are quite exclusive in nature. Arguably, of all the powers so given, those related to according recognition to institutions of higher education and providing them with financial assistance are the most important ones. To implement various provisions of the Act, the Central Government has been given the power to make rules. The Commission has been given the power to make regulations on certain matters given in the Act. A number of rules and regulations have consequently been made for the proper implementation of the Act. In addition, the Commission has issued a variety of reports, notifications, clarifications, public notices, guidelines and circulars in exercise of its powers flowing from the Act, the rules and the regulations. Moreover, the Commission has, from time to time, published notices to caution the general public against fake or fraudulent universities and other such entities which are granting degrees or diplomas not specified as per the Act. Also, the decisions and resolutions of the Commission are made public in the form of minutes of its meetings. On the judicial front, the Supreme Court has consistently held that the Act has the requisite Constitutional backing to achieve its stated aims and objectives. Thus, any such law made by any State that is in conflict with the Act has been held to be invalid. The Supreme Court has also directed the Commission on serious issues like ragging. Taken together, all these form a body of literature that provides an overview of the current statutory framework so far as the Indian higher education is concerned.



Table of Contents Executive Summary 1. Introduction……………………………………………………………………………………..1 2. Background……………………………………………………………………………………..2 3. The University Grants Commission Act, 1956..............................................................3 (a) The Constitutional Backdrop…………………………………………………………….3 (b) The Provisions of the University Grants Commission Act, 1956…………………4 A. Chapter I: Preliminary (Ss 1-3)………………………………………………………...4 Deemed University……………………………………………………………………...5 B. Chapter II: Establishment of the Commission (Ss 4-11)……………………………7 C. Chapter III: Powers and Functions of the Commission (Ss 12-19)………………11 Financial Powers and Functions of the Commission…........................................15 D. Chapter IV: Miscellaneous (Ss 20-28)………………………………………………16 Other Powers of the Central Government…………………………………………..16 Right to Confer Degree and Entitlement to Use the Word “University”………….16 4. Rules and Regulations under the University Grants Commission Act, 1956..........18 (a) Rules under the University Grants Commission Act, 1956……………………….18 A. The University Grants Commission (Inspection of Universities) Rules, 1960…..18 B. The University Grants Commission (Fitness of Certain Universities for Grants) Rules, 1974…………………………………………………………………...19 C. The University Grants Commission (Fitness of Agricultural Universities for Grants) Rules, 1975…………………………………………………………………...21 D. The University Grants Commission (Fitness of Technological Universities for Grants) Rules, 1978……………………………………………………………….23 E. The University Grants Commission (Fitness of Open Universities for Grants) Rules, 1988……………………………………………………………….25

F. The University Grants Commission (Returns of Information by Universities) Rules, 1979……………………………………………………………..26 G. The University Grants Commission (Fitness of Institutions for Grants) Rules, 1975…………………………………………………………………...27 H. The University Grants Commission (Fitness of Health Sciences and Medical Universities for receiving Grants) Rules, 1996……………………...28 (b) Regulations under the University Grants Commission Act, 1956……………….30 A. The Recognition of College in Terms of Regulations, 1974 framed under the UGC Act……………………………………………………………30 B. The University Grants Commission (Establishment and Maintenance of Institutions) Regulations, 1985……………………………….31 C. The University Grants Commission (the minimum standards of instructions for the grant of the first degree through formal education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985………………….32 D. The University Grants Commission (the minimum standards of instructions for the grant of the first degree through non-formal/ distance education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations,1985………………………………………………………………………35 E. The University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003…………………………..37 F. The UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009………………………………………………………..39 G. The University Grants Commission (Institutions Deemed to be Universities) Regulations, 2010………………………………………………………45 H. The University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010……………………………………………….45 I. The University Grants Commission (Grievance Redressal) Regulations, 2012………………………………………………...............................49

J. The UGC Mandatory Assessment and Accreditation of Higher Education Institutions Regulations, 2012……………………………………………52 K. The University Grants Commission (Promotion and Maintenance of Standards of Academic Collaboration between Indian and Foreign Educational Institutions) Regulations, 2012………………………………………...56 5. Supreme Court Judgments……………………………………………………………………62 6. Conclusion………………………………………………………………………………………64



1. Introduction The University Grants Commission (UGC or Commission) is the apex statutory authority to regulate higher education in India. It was established by the University Grants Commission Act, 1 1956 (Act) for the co-ordination and determination of standards in universities. This Act has been in operation for more than fifty years now. The current primacy to the UGC establishment and the post-independence higher education statutory framework in our country are largely the results of the working and evolution of this piece of legislation. The objective of this note is to provide an overview of this Act from statutory, policy and judicial perspectives. Thus, it is based on statutory provisions, policy positions, judicial pronouncements and reported events. It must not be taken as a critical commentary on either the provisions of the Act or actual working of the Commission. However, some observations of academic interest have been made wherever considered appropriate. For the same reason, discussion on the quality of the decisions of the Commission or the administrative aspects of its functioning has been excluded. Moreover, politically controversial issues in the context of higher education like Centre-State relationship, autonomy of academia, privatization, internationalization and consequences of the decisions of the Commission have not been discussed. The content is spread over six parts. Part 2 gives a very short historical background on the development of higher education laws in the country. Part 3 starts with the Constitutional backdrop and then discusses the provisions and nuances of the UGC Act, 1956. In particular, statutory provisions related to Deemed University are probed. Part 4 explains various rules and regulations made under the Act. Moving forward, Part 5 analyses certain judgments of the Supreme Court of India which have affected the higher education scenario of the country. The note ends with concluding remarks in Part 6. Only secondary research has been done for preparing this note. Reliance has been placed on 2 the materials available on the website of the UGC. These facts should also be treated as limitation of the background research. Relevant Supreme Court judgments have been accessed 3 from the website of the Supreme Court of India. For referencing purposes, the guidelines given 4 in The Bluebook: A Uniform System of Citation, have been followed broadly. 1 See University Grants Commission Act, No. 3 of 1956, Gazette of India, Pt. II - Sec. 3, No. S.R.O. 2608, th p.1882, dated 5 November, 1956. 2 See http://www.ugc.ac.in. Published materials on the website as on 21.08.2014 have been used. 3 See http://judis.nic.in/supremecourt/chejudis.asp 4 See THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (Columbia Law Review Ass’n et al. eds., th 18 ed. 2005). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 1 of 64

2. Background 5 Ancient India was home to one of the most renowned seats of higher learning in Nalanda. Though this tradition changed shape in the medieval and Mughal periods, it started acquiring the modern western form during colonial period. The efforts to establish colleges in the early Nineteenth century were sporadic and few. These were largely driven by social reformers and philanthropists. The historical mutiny of 1857 led to the passing of rule of India into the hands of the British Government from the East India Company. Very soon, the British administrators realized that for ruling a territory as large and diverse as India, they needed a new class of lower rank employees in the form of educated and English speaking natives. This could be done only through direct intervention by the British Government in the field of post-secondary education. The first universities were thus established in the Presidency towns of Bombay, Madras and Calcutta. Through them, the country witnessed the first steps towards mass higher education. Gradually, a growing political consciousness amongst masses coupled with the socio-political consequences of the ongoing freedom struggle, a number of universities were established. This also created many problems and challenges for the government. To overcome these, a University Commission was appointed in 1902. Its recommendations led to the enactment of the Universities Act of 1904 which was criticized largely on the ground that its provisions discriminated against the natives. However, this law also brought the concept of grants-in-aid for the first time and further strengthened governmental control over higher education. In 1913, a government resolution on higher education policy paved the way for creation of new universities. It also spoke on the issues of affiliation and standards of teaching. The year 1924 saw a major development with the creation of the Inter-University Board by the universities themselves. This agency was meant to coordinate their work. However, its role was advisory in nature and therefore many problems remained. Two decades later, the report of the Central Advisory Board of Education recommended creation of a University Grants Committee. It was formed in 1945 to oversee the work of three central universities. In 1947, this committee was asked to look after all the universities. Immediately afterwards, a University Education Commission was appointed under the chairmanship of Dr. S. Radhakrishnan in 1948 which recommended the reconstitution of the University Grants Committee on the lines of the University Grants Commission of the United Kingdom. A major policy decision was taken by the Central Government in 1952 wherein matters related to grants-in-aid of all universities were to be referred to the Commission. Its role thus rose in prominence and led to a formal start in the current form in 1953. Finally, to give it the shape of a statutory body, the University Grants 6 Commission Act was passed in 1956 and enacted in the same year. 5 See ROMILA THAPAR, THE PENGUIN HISTORY OF EARLY INDIA 472 (2002). 6 See generally KAVITA A. SHARMA, SIXTY YEARS OF THE UNIVERSITY GRANTS COMMISSION (2013). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 2 of 64

3. The University Grants Commission Act, 1956 th 7 The University Grants Commission Act, 1956 came into force on 5 November, 1956 . Evidently, the UGC Act, 1956 is a small piece of legislation with 28 Sections spread over 4 Chapters. However, a variety of rules and regulations flowing from the Act strive to give full effect to the legislative intent and various provisions contained therein. a) The Constitutional Backdrop The Constitution of India gives the authority, both to the Parliament and State Legislative 8 Assemblies, for making laws on a variety of subjects falling under their respective jurisdictions. The respective fields for legislation by the Parliament and the States have been provided in the Seventh Schedule to the Constitution of India. List I is the Union List, List II is the State List and List III is the Concurrent List. Both Centre and States can legislate on the fields listed in the Concurrent List. Now, Entry 66 of List I of the Seventh Schedule to the Constitution of India reads as under: “66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical 9 institutions.” The term ‘Education’ also appears in Entry 25 of the Concurrent List which reads as under: “25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 10 66 of List I; vocational and technical training of labour.” There may appear a conflict because the field of ‘education’ appears in the Union List as well as the Concurrent List. Moreover, the latter also contains fields like ‘technical education’, ‘medical education’, and universities. However, from a Constitutional law perspective, it is settled law that while both the Centre and the States can legislate on matters given the Concurrent List, the States can not encroach upon the power of the Centre. Thus, the States may establish universities by virtue of Entry 25 of the Concurrent List, but they can not make laws for coordination and determination of standards in such universities. It is indeed the sole prerogative of the Parliament to ensure proper standards in the institutions of higher 11 education. In light of the above, the University Grants Act, 1956 was enacted by the Parliament in exercise of its power under Entry 66 of List I of the Seventh Schedule to the Constitution of India for the coordination and determination of standards in institutions for higher education. First paragraph 7 See note 1 supra. 8 See INDIA CONST. art. 246. 9 See INDIA CONST. seventh schedule, list I. 10 See INDIA CONST. seventh schedule, list III. 11 See note 273 infra. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 3 of 64

of the Statement of Objects and Reasons given in the Bill preceding the University Grants Act, 1956 is illustrative of the underlying reasons and reads as under: \"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 determination 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 utilized 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 12 Government has also become more urgent on this account.” The second paragraph provides: “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 recommendations. The Commission will act as an expert body to advise the Central Government on problems connected with the coordination 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….and to advise on any matter which has been the subject of an inquiry or 13 inspection.” Thus, the Parliament was very clear in its objectives while passing the UGC Act, 1956. We now discuss the detailed provisions. b) The Provisions of the UGC Act, 1956 A. Chapter I : Preliminary The preamble of the UGC Act, 1956 says that it is “An Act to make provision for the co- ordination and determination of standards in Universities and for that purpose, to establish a 14 University Grants Commission.” While the preamble does not explicitly mention grant or 12 Quoted in Prof. Yashpal v. State of Chhattisgarh. See note 279 infra. 13 Id. 14 See note 1 supra. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 4 of 64

financial assistance, the responsibilities related to allocation and disbursal of grants and financial assistance to eligible universities rest entirely with the UGC. 15 Section 2 defines certain terms used in the Act . Quite importantly, Clause (f) gives an inclusive, and not exhaustive, definition of university. Accordingly, a university may be created either by or under a Central Act of the Parliament or a State Act of the Legislative Assembly of any of the States. In addition, this clause gives the power to the Commission to accord recognition to a similar institution in consultation with the University concerned in terms of the 16 regulations made in this behalf under the Act . Section 2(f), as discussed later in the Note, has been used extensively in providing direct grants to colleges across the country. Deemed University Another important provision is contained in Section 3 of the Act which creates a deeming fiction. It does not define but creates a second category of universities that is popularly known as “Deemed University.” 17 Under this, the Central Government has been vested with the discretionary power to declare any institution of higher learning, other than a university, to be recognized and treated at par with other universities as defined under section 2(f). Here again, only the Commission has the power to advise the Central Government on this matter. Also, no distinction has been made between private or government institution for exercising this power. A number of institutions were declared to be deemed to be a university under this section as per the guidelines provided by the Commission. In 2000, these guidelines were liberalized to promote private sector participation in the field of higher education. The provisions relating to de novo category (institution not eligible as per the guidelines but with a promise for excellence) were introduced for the first time. However, very soon it was felt that there was a need to revise these guidelines. Keeping in view its larger mandate and the advisory role under Section 3, the Commission eventually made detailed regulations by exercising its powers as conferred by clauses (f) and (g) of sub-section (1) of Section 26 of the Act. These are called the University Grants Commission (Institutions Deemed to be Universities) Regulations, 2010 (UGC Deemed 18 University Regulations). The aims and objects of these regulations are threefold as under : i) To regulate, in an orderly manner, the process of declaration of institutions as deemed to be universities; ii) To prevent institutions of dubious quality from so declared; and iii) To maintain quality of higher education imparted by institutions deemed to be universities consistent with the ideals of the concept of a university. 15 See id. § 2. 16 See Recognition of College in Terms of Regulations, 1974, No. F.33-34/65(CD/CP) Pt. IV Dated 12 July, 1974. 17 See University Grants Commission Act § 3. There are 129 Deemed Universities in the country as on 04.08.2014. See also http://www.ugc.ac.in/oldpdf/alluniversity.pdf (Accessed on 09.08.2014). 18 See University Grants Commission (Institutions Deemed to be Universities) Regulations, 2010. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 5 of 64

The UGC Deemed University Regulations contain both the substantive and the procedural 19 aspects of subordinate legislation. The former category includes (i) Objectives of an institution deemed to be university, (ii) Eligibility criteria for an institution to be declared as an institution deemed to be university, (iii) Governance system for an institution to be declared as an institution deemed to be university (iv) Admissions and fees structure, (v) Infrastructure and other facilities, (vi) Funding, (vii) Maintenance of standards, (viii) Reservation policy, and (ix) 20 Distance education. The latter category includes (i) Procedure for being declared as an institution deemed to be university, (ii) Institution deemed to be university under the de novo category, (iii) New departments, off-campus centres and off-shore campuses, and (iv) Inclusion of other institutions under the ambit of institution deemed to be university. Apart from these, certain prohibitory measures have been provided. Thus, (i) Use of the word ‘University’ in the name of the institution deemed to be university is not allowed, and (ii) Use of prefix words “Indian/National Institute,” either in English or vernacular, has been allowed only for the 21 educational institutions established by the Central Government. Talking of detailed provisions, the UGC Deemed University Regulations have sought to do justice with its objectives by giving a comprehensive and clear worded framework. It has also considerably expanded the requirements as provided in the earlier UGC Guidelines on approval of institution as deemed university. It says that the objects for which an institution is declared by 22 the Government as a “Deemed University” shall be as under: i) To provide for higher education leading to excellence and innovations in such branches of knowledge as may be deemed fit primarily at post-graduate and research degree levels fully conforming to the concepts of university, namely, University Education Report, 1948, the Report of the Committee on Renovation and Rejuvenation of Higher Education in India, 2009, and the Report of the Review Committee for Deemed to be Universities, 2009. ii) To engage in areas of specialization with proven ability to make distinctive contributions to the objectives of the university education system that is – academic engagement clearly distinguishable from programmes of an ordinary nature that lead to conventional degrees in arts, science, engineering, medicine, dental, pharmacy, management etc. routinely offered by conventional universities. iii) To provide for high quality teaching and research and for the advancement of knowledge and its dissemination through various research programmes undertaken in-house by substantial number of full time faculty/ research scholars (PhDs and Post Doctoral) in diverse disciplines. iv) To enable creation of institutions deemed to be university under the de novo category devoted to unique and emerging areas of knowledge, not being pursued by 19 See id. cls. 3.0, 4.0, 5.0, 6.0, 7.0, 10.0, 11.0, 17.0, 18.0. 20 See id. cls. 8.0, 9.0, 12.0, 13.0. 21 See id. cls. 20.0, 21.0. 22 See id. cls. 3.1 – 3.4. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 6 of 64

conventional or existing institutions – particularly in specific areas of study and research preferably sponsored by the Government of a State/ UT or the Central Government regarded as important for strategic needs of the country or for the preservation of our cultural heritage, so determined by a well laid-out process of wide consultation with the eminent peers of academic community. Thus, the objects defined above are designed to help in maintaining the quality of higher education and at the same time, prevent institutions of dubious quality from being declared a deemed university. Another important feature of the UGC Deemed University Regulations is the mandatory form of the governance system that has been prescribed for existing as well as prospective deemed 23 universities. Yet again, the language and scope of the earlier UGC Guidelines have been sufficiently widened in order to bring more transparency and authenticity in the governance system of deemed universities. The relevant provisions have been provided in Annexure I of the Deemed University Regulations. According to this, the Board of Management shall be the principal organ of management as well as the principal executive body. Powers of the Board of 24 Management and terms of its members have been listed clearly. A list of other authorities has also been provided that includes (i) Academic Council, (ii) Planning and Monitoring Board, (iii) Finance Committee, (iv) Board of Studies and (v) Such other authorities as may be declared to 25 be authorities of the institution deemed to be university. The composition, powers and 26 functions of these authorities have been provided in detail. In a departure from earlier position, the President of the sponsoring Trust or Society or his/her relative cannot become the 27 Chancellor of the institution deemed to be university. On the procedural front, the Commission has prescribed the formats for (i) Submission of the proposal for Deemed-to-be-University status, (ii) Submission of the proposal by Institutions Deemed-to-be-Universities for starting New Department(s)/ New Institution(s)/ Off-Campus Centre(s)/ Off-Shore Campus(es), and (iii) Submission of the proposal by Institutions Deemed- to-be-Universities for inclusion of Institution(s)under its ambit. B. Chapter II: Establishment of the Commission Section 4(1) of the Act establishes a Commission known as the University Grants Commission. Sub-section (2) says that the Commission will be a body corporate having perpetual succession 28 and a common seal, and shall by the said name sue and be sued. It means that the Commission will continue to exist even if there is no member or office bearer. Also, there is no personal liability of persons associated with the Commission. This provision seeks to protect the members of the Commission from vexatious or malafide litigation in course of discharge of their functions under the Act. 23 See id. Annexure I, cl 4. 24 See id. cl. 4.4 25 See id. Annexure II. 26 See id. Annexure II, cls. 1 – 5. 27 See id. cl. 5.2 28 See University Grants Commission Act § 4. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 7 of 64

Section 5(1) enables the Central Government to appoint a Chairman, a Vice-Chairman and ten 29 other members, who together constitute the Commission. In effect, it means that the total strength of the Commission is twelve and the Chairman and the Vice-Chairman are indeed 30 members of the Commission. Keeping in view its objectives, the Act mandates a knowledgeable and well represented Commission and therefore provides for a judicious composition of the same. Sub-section (2) provides that an officer of the Central Government or of any State Government can not be appointed as the Chairman. This gives autonomy to the post of the Chairman from any unwanted pressure. Sub-section (3) gives a detailed framework for ascertaining the qualification or eligibility of the ten members who have to be drawn from three categories mentioned. According to it, two officers of the Central Government must be 31 appointed to represent that Government. Further, at least four in-service university teachers have to be appointed. The last category gives a wide choice to the Central Government to choose members from a large pool comprising of (i) knowledgeable and experienced persons from different fields like agriculture, commerce, forestry or industry; (ii) members of the engineering, legal, medical or any other learned profession; and (iii) Vice-Chancellors of Universities or persons who are, in the opinion of the Central Government, educationists of repute or have obtained high academic distinctions. An important Proviso to the last category ensures that the majority of the members of the Commission will always comprise of persons 32 who are not Central or State Government officials. Certain important points flow from Section 5 as under: i) No minimum qualification, either in terms of academic attainments or age, has been prescribed for the position of the Chairman or the Vice-Chairman. ii) There is no entry-age barrier for appointment as the Chairman or the Vice-Chairman or a member. iii) There is no bar against appointment of State Government officers as members. iv) The Act is completely silent on the qualifications for appointment as the Vice- 33 Chairman. Section 5 ends with the stipulation that every appointment thus made shall be effective from the 34 date on which it is notified by the Central Government in the Official Gazette. The terms and conditions of service of members have been provided under Section 6 of the 35 Act. Sub-section (1) says that the tenure of appointment of the Chairman is for a period of five years or until the attainment of the age of sixty-five years, whichever is earlier. The upper age limit has been kept the same for the Vice-Chairman but the tenure of appointment is reduced to three years. For any other member, there is no upper age limit but the tenure of appointment is fixed for a period of three years. Proviso to sub-section (1) says that all the twelve members of 29 See id. §§ 5(1)(i), 5(1)(ii), 5(1)(iii). 30 See id. § 2(d). 31 See id. §§ 5(3)(a), 5(3)(b), 5(3)(c)(i), 5(3)(c)(ii), 5(3)(c)(iii). 32 See id. § 5(3)(c)(iii). 33 The only provision in this regard says that the Vice-Chairman shall exercise such of the powers, and discharge such of the duties, of the Chairman as may be prescribed. See id. § 5(4). 34 See id. § 5(5). 35 See id. § 6. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 8 of 64

Commission are eligible for reappointment to any of the three positions viz. Chairman or Vice- Chairman or member. Overall, the number of tenures has been capped at two for all the three positions. The only exception operates in case of Central Government officers who have been 36 appointed as members by virtue of Section 5(3)(a). These officers may be reappointed as members as many times as the Central Government wishes. Sub-section (2) provides that a member may resign his or her office in writing under his or her hand addressed to the Central Government. However, he or she is obliged to continue in office 37 until the resignation is accepted by the Central Government. Sub-sections (3) and (4) provide for matters relating to casual vacancy in the offices of the Chairman, the Vice-Chairman or any other member. It says that a casual vacancy may arise in one of the following situations: i) Death; ii) Resignation; or 38 iii) Incapacity to discharge functions owing to illness or other incapacity. In case of a casual vacancy occurring in the office of the Chairman, two scenarios have been envisaged. First relates to the Vice-Chairman already holding his or her office at the time of the causal vacancy. Second relates to a vacancy already existing in the office of the Vice-Chairman at the time of the causal vacancy. In the first scenario, the Act stipulates that the Vice-Chairman who is holding office as such for the time being, will additionally act as the Chairman. In case a new Chairman is not appointed by the Central Government, the Vice-Chairman will continue as the acting Chairman for the remaining tenure of the person in whose place he or she is so acting. In the second scenario, the Act stipulates that the Central Government is bound to appoint any other member to act as the Chairman. However, such appointment is valid only for a period of six months. Therefore, the Central Government must appoint the Chairman adopting the normal procedure within a period of six months from the date of appointment of the acting Chairman. Also, in case of filling of causal vacancy in the above two scenarios, an important 39 condition contained in Section 5(2) has been waived. In case of a causal vacancy occurring in the office of the Vice-Chairman or any member, the Act stipulates that the Central Government will simply make a fresh appointment of the Vice- Chairman or member, as the case may be. Thus, there is no concept of an acting Vice- Chairman under the Act. Another important point in this regard is the tenure of the Vice- Chairman or the member is tied to the person and not the position, as in the case of the Chairman. So, the office of the Vice-Chairman or the member comes to an end with the occurrence of the causal vacancy. The new Vice-Chairman or the member is appointed for the 40 full tenure of three years as envisaged under the Act. 36 See id. § 6(1). 37 See id. § 6(2). 38 See id. § 6(3). 39 Id. 40 See id. § 6(4) The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 9 of 64

According to sub-section (5), the office of the Chairman and the Vice-Chairman are whole-time and salaried. It also says the terms and conditions of service of the Chairman, Vice-Chairman and other members shall be such as may be prescribed. Since it is silent regarding the members so far as the nature of office and salary are concerned, it may be said that the 41 members occupy part-time honorary positions vis-à-vis the Commission. A combined reading of Section 5 and Section 6 suggests that apart from the general power of appointment, the Central Government also has the power to appoint, and keep reappointing, any of its officers as the Vice-Chairman or a member of the Commission as long as the officer does not retire from the service or attains the age of sixty-five, whichever is earlier. This is because the upper cap of two tenures does not apply for the current, past or future members of the Commission who are officers of the Central Government. Moving further, Section 7 puts an obligation on the Commission to meet and transact business in such meetings by observing the rules of procedure as may be provided by the regulations 42 made under the Act. Section 8 provides protection to acts or proceedings of the Commission. It provides that such acts or proceedings will not be invalidated simply because of any vacancy in, or any defect in 43 the constitution of the Commission. This is important since decisions of the Commission affect a large number of stakeholders associated with the university education system in the country. A number of important decisions are taken on the basis of decisions and advice of the Commission. Thus, through this provision, the interests of such stakeholders are guarded. To further strengthen the Commission, Section 9(1) gives power to it to temporarily associate any person whose assistance or advice may be desired in carrying out any of the provisions of the Act. However, this power must be exercised in such manner and for such purposes as may be determined by regulations made under the Act. Also, such person has been provided with the right to take part in the discussions relevant to that purpose. However, such member will neither (i) have right to vote at a meeting of the Commission, nor (ii) be treated as a member for any other purpose. So, this person will have a well defined and limited role in the context for 44 which he or she has been associated with the Commission. Section 10 gives power to the Commission to appoint a Secretary and such other employees, as it may think necessary, for the efficient performance of its functions under this Act. In addition, the Commission has the power to determine the terms and conditions service of the employees. However, this power is subject to such rules as may be made by the Central 45 Government in this behalf. Section 11 provides the manner of authentication of orders and other instruments of the Commission. Accordingly, all orders and decisions of the Commission shall be authenticated by 41 See id. § 6(5). 42 See id. § 7. No regulations appear to have been made under this provision. 43 See id. § 8. 44 See id. §§ 9(1), 9(2). 45 See id. § 10. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 10 of 64

the signature either of (i) the Chairman, or (ii) any other member authorized by the Commission in this behalf. Likewise, all other instruments issued by the Commission shall be authenticated by the signature either of (i) the Secretary, or (ii) any other officer of the Commission authorized 46 in like manner in this behalf. C. Chapter III: Powers and Functions of the Commission To achieve the objectives of the Act and give effect to various provisions contained therein, the Commission has been vested with a variety of powers ranging from general to specific. These are meant not only for the Commission to function smoothly in accordance with the Act, but also to improve the overall educational environment prevailing in the Country. Sections 12, 12A and 12B contain the necessary provisions in this regard. To start with, Section 12 is worded in a manner that shows that the powers of the Commission have been necessitated because of its general duty as well as for the purpose of performing its functions under the Act. According to 47 this section, the Commission is duty bound to take all such steps as it may think fit for: i) Promotion and co-ordination of university education; ii) Determination and maintenance of standards of teaching, examination and research in universities; and iii) Performing its functions under the Act. As mentioned earlier, in order for the Commission to effectively discharge its role under the Act, it has been provided with a number of powers. These may be grouped broadly under the categories of (i) Inquiry and Inspection, (ii) Allocation, Disbursal and Withholding of Grants, (iii) Advisory and Recommendatory, (iv) Regulatory, Prohibitory and Declaratory, (v) Information Collection, and (vi) General. These powers are explained in detail as under: i) Inquiry and Inspection: In terms of Section 12(a) and Section 13, the Commission has been vested with the powers of inquiry and inspection. These powers are necessary since the dual function of the Commission relates to allocating and disbursing grants to the Central, State and Deemed Universities and improving the standards of higher education in the country. These functions can not be discharged effectively unless the Commission has the requisite powers of inquiry and inspection. Thus, the Commission has the power to (a) inquire into the financial needs of 48 universities, and (b) cause an inspection of any department or departments of the university for the purpose of ascertaining its financial needs or its standards of teaching, examination and 49 research. This inspection may be made in the prescribed manner after consultation with the concerned university and by such person or persons as the Commission may direct. The Act gives the privilege to the concerned university of being (a) informed about the date on which such an inspection is to be made, and (b) entitled to be associated with the inspection in such 46 See id. § 11. 47 See id. § 12. 48 See id. § 12(a). 49 See id. § 13(1). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 11 of 64

50 manner as may be prescribed. The Commission is also duty bound to communicate its views resulting from such inspection to the concerned university. After ascertaining the opinion of the concerned university on this matter, the Commission has the power to recommend to the 51 university the action to be taken as a result of such inspection. All the matters relating to inspection have to be communicated to the executive authority of the concerned university. The executive authority also has the responsibility of reporting to the Commission about the action, if any, which is proposed to be taken for the purpose of implementing the recommendation, if any, 52 made by the Commission on the basis of the inspection. ii) Allocation, Disbursal and Withholding of Grants: 53 The Commission has the power to allocate and disburse grants, out of the Fund of the Commission, to universities established by or under a Central Act for (a) maintenance and 54 development and (b) any other general or specified purpose. In addition, the Commission also has the power to allocate and disburse such grants, out of the Fund of the Commission, to other universities as it may deem necessary or appropriate for (a) development of such universities, or (b) maintenance, or development, or both, of any specified activities of such universities, or (c) any other general or specified purpose. The power of the Commission to make grants to other than the central universities has to be exercised after giving due consideration to the factors like (a) development of the university concerned, (b) its financial needs, (c) the standard 55 attained by it, and (d) the national purposes which it may serve. Thus, while the Commission has the power to meet the financial needs for ‘maintenance’ as well as ‘development’ of central universities, the same has been restricted only for ‘development’ of other universities. In addition, the Commission also has the discretionary power to make grants to deemed universities for (a) maintenance in special cases, (b) development, and (c) any other general or specified purpose. Here again, there has been put a restriction for giving grants to deemed 56 universities for maintenance generally. Finally, the Commission is empowered to give grants to institutions established and maintained by it for providing common facilities, services and 57 programmes for a group of universities or for universities in general. The Commission has also the power to withhold the grants proposed to be made to a university in the following cases: (a) If a university grants affiliation in respect of any course of study to a college whose affiliation has been terminated on the grounds of charging improper 58 fees or accepting donations; or 50 See id. § 13(2). 51 See id. § 13(3). 52 See id. § 13(4). 53 See id. § 16. 54 See id. § 12(b). 55 See id. § 12(c). 56 See id. § 12(cc). 57 See id. § 12(ccc). 58 See id. §§ 14, 12A(5). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 12 of 64

(b) If a university fails to comply with the recommendations made by the 59 Commission under Section 12 or Section 13 within a reasonable time; or (c) If a university contravenes the provision of any rule made on matters relating to furnishing of information to the Commission on the financial positions or maintenance of standards of teaching and examination or inspection of 60 universities; or (d) If a university contravenes the provision of any regulation made on matters relating to defining the qualifications of university teaching staff or defining the minimum standards of instruction for the grant of any degree by any university or regulating the maintenance of standards and the coordination of 61 work or facilities in universities. Such withholding of grants may be made by the Commission after taking into consideration the cause, if any, shown by the university for such failure or contraventions. iii) Advisory and Recommendatory: Clauses (d), (e), (f) and (g) of Section 12 give wide ranging powers to the Commission to recommend and advise the Central Government, State Government, any authority or any university on a variety of matters pertaining to (a) improvement of university education, (b) allocation of grants to universities out of the Consolidated Fund of India, (c) establishment of 62 new university and (d) any question referred to it. iv) Regulatory, Prohibitory and Declaratory: Section 12A and Section 12B contain the necessary provisions in this regard. According to Section 12A, the Commission has the power to make regulations to specify the university or college education related matters in respect of which fees may be charged, the scale of such 63 fees and date on or from such fees may be charged. However, prior to making these regulations, certain factors have to be considered by the Commission before being satisfied that 64 such regulations may be necessary in the public interest; and the concerned university or universities must have been consulted. Such regulations may not be uniform and apply 65 differently to different universities or different classes of colleges or different areas. Upon making of such regulations, the colleges so covered are prohibited from (a) charging fees in contravention of such regulations in any manner or (b) directly or indirectly receiving, whether in 59 See id. §§ 14,12,13. 60 See id. § 14. 61 See id. § 14. 62 See id. §§ 12(d),12(e),12(f),12(g). 63 See id. § 12A(2)(d). 64 See id. §§ 12A(2)(a),12A(2)(b),12A(2)(c). 65 See id. § 12A(2)(d). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 13 of 64

cash or kind, any payment otherwise that by way of fees or donation of gift; from or on behalf of 66 any student. In case of any contravention of these regulations by any college for a specified course, the Commission, after conducting proper inquiry and giving a reasonable opportunity of being heard to such college, has the power to prohibit such college from presenting any students then undergoing such course of study therein to any university for the award of the qualification 67 concerned. In case such a prohibitory order is passed by the Commission, it is under a duty to forward such an order to concerned university. The effects of such an order are serious. First, the affiliation of the concerned college stands terminated from the date such an order is received by the concerned university. And second, a moratorium of three years is imposed on the concerned college before it is granted affiliation for such or similar course by the concerned 68 or any other university. Upon termination of affiliation under this manner, the Commission is 69 duty bound take appropriate steps for safe-guarding the interests of the students concerned. Sanctity of the powers given to the Commission in relation to regulation of fees and prohibition of donation under Section 12A has been preserved by way of a non obstante clause putting them beyond the ambit of any inconsistent provision contained in any other law for the time 70 being in force. Next, Section 12B gives another important power to the Commission. In terms of this section, the fitness of a university to receive grants from the Central Government, the Commission or any other organization receiving any funds from the Central Government, is entirely dependent on the fact whether such university has been declared by the Commission as fit to receive such grants or not. It is also provided that before making such a declaration, the Commission has to 71 satisfy as to such matters that may be prescribed. This provision is, however, not applicable to those universities fully funded by State Governments or organizations receiving any funds from the State Governments and not receiving any grant from the Commission. v) Information Collection: The Commission has the power to collect information relating to university education in India 72 and abroad. It also has the power to require a university to furnish information relating to (a) the financial position, (b) the studies undertaken in the various branches of learning, and (b) all the rules and regulation relating to the standards to teaching and examination for each of such 73 branches of learning. 66 See id. §§ 12A(3)(a),12A(3)(b),12A(3)(c). 67 See id. §12A(4). 68 See id. §12A(5). 69 See id. §12A(6). 70 See id. §12A(7). 71 See id. §12B. 72 See id. §12(h),12(i). 73 See id. §12(i). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 14 of 64

vi) General: Lastly, the Commission has the power to perform such other functions (a) as may be prescribed by the Central Government, (b) as may be deemed necessary by the Commission for the advancing the cause of higher in India, or (c) as may be incidental or conducive to the discharge 74 of the above functions. This is a residuary provision that gives powers of widest amplitude to the Commission within the boundaries of the Act. For example, in the absence of any specific provision on “Fake University,” the Commission has utilized its residuary power to declare a 75 number of entities as fake universities. Financial Powers and Functions of the Commission The Act provides for the Commission to have its own Fund. This Fund has been constituted in terms of Section 16(1). The sources of receipts for this Fund are as under: i) Payments from the Central Government in each financial year; and ii) Other sums handed over to the Commission by any State Government or any other 76 authority or person. Once such sums are received by the Commission, these are carried to the Fund. All the payments made by the Commission are made from the Fund only. All moneys belonging to the Fund can either be deposited in such banks or invested in such manner as may be decided by 77 the Commission, subject to the approval of the Central Government. The Commission has the power to spend from this Fund, such sums as it may think fit, for performing its functions under the Act. More specifically, every type of Grant provided under the Act is paid out of the Fund. The Commission is also responsible for preparing a budget every year, at such time and in such form as may be prescribed, in respect of the financial year ensuing. The budget must show the estimated receipts and expenditure of the Commission. The copies of the budget must be 78 forwarded to the Central Government. In matters connected with accounts and audit, the Commission is responsible for: i) Maintaining books of accounts and other books in relation to its accounts in such a manner that has been prescribed by the Central Government in consultation with the 79 Comptroller and Auditor General of India (CAG). ii) Preparing a statement of accounts, as soon as may be after closing its annual accounts, in such a manner that has been determined by the Central Government in 80 consultation with the CAG. 74 See id. §12(h),12(i). 75 The Commission has so far declared 21 entities as fake universities through public notices. See http://www.ugc.ac.in/page/fake-universities.aspx (Accesses 22.08.2014). 76 See University Grants Commission Act, No. 3 of 1956, § 16(1). 77 See id. §16(2). 78 See id. §16(3). 79 See id. §19(1). 80 See id. §19(2). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 15 of 64

iii) Forwarding the statement of accounts to the CAG by such date as determined by the 81 Central Government in consultation with the CAG. The accounts of the Commission have to be mandatorily audited by CAG at such time and in such manner as he thinks fit. Upon completion of the audit, the CAG will forward the annual accounts along with the audit report to the Central Government. These documents have to be laid before both Houses of Parliament by the Central Government. In addition, a copy of the audit report has to be forwarded to the Commission by the Central Government for taking 82 appropriate action on the matters arising out of the audit report. The Act also creates the requirement of preparing annual reports by the Commission in such form and at such time as may be prescribed. Thus, the Commission is legally bound to prepare an annual report each year giving true and full account of its activities during the previous year. While the Central Government has the power to prescribe the form and timing of publication of such annual report by making appropriate Rules, the same has not been exercised. Each annual report is statutorily required to be forwarded to the Central Government. The Government, in turn, is under a statutory obligation to put the annual report before both Houses 83 of Parliament. There is no provision of approval of such annual report by any other authority. D. Chapter IV: Miscellaneous Other Powers of the Central Government Keeping in view its larger aims and objectives, the Act gives the guiding power to the Central Government in order to give directions for the functioning of the Commission on questions of policy relating to national purposes. Also, in this context, the Central Government is the final deciding authority on whether a question is a question of policy relating to national purposes or 84 not. The Central Government has the power to require the Commission to furnish such returns or other information with respect to its properties or activities as decided by the Government from 85 time to time. Right to Confer Degree and Entitlement to Use the Word “University” Under the scheme of the Act, only the following entities have the right to confer or grant 86 degrees: i) A university established by or under a Central Act, a Provincial Act or a State Act; ii) An institution deemed to be a university under Section 3; or 81 See id. §19(2). 82 See id. §§19(3),19(4). 83 See id. §18. 84 See id. §§ 20(1), 20(2) 85 See id. § 21. 86 See id. § 22(1). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 16 of 64

iii) An institution specially empowered by an Act of Parliament to confer or grant degrees. The Act prohibits any other person or authority from either actually conferring or granting, or 87 acting to be in a position to confer or grant, any degree. So, even if an institution does not call itself a university or a degree granting body, it is prohibited from conferring or granting any degree, if it leads others to believe that it confers or grants degree. For this purpose, ‘degree’ means any such degree as may, with the previous approval of the Central Government, be 88 specified by the Commission by notification in the official Gazette. The Act provides that only a university established or incorporated by or under a Central Act or a Provincial Act or a State Act can use of the word “University.” Any other institution, whether a corporate body or not, is prohibited from having the word “University” associated with its name 89 in any manner whatsoever. Section 24 of the Act contains penal provisions for contravention of Section 22 or Section 23. Accordingly, (a) any individual or (b) an association or body of individuals or (c) every member of such an association or body of individuals who either contravenes or knowingly or willfully authorizes or permits the contravention is liable to be punished with fine which may extend to 90 One Thousand Rupees. Power to make Rules and Regulations The Central Government has the power to generally make rules to carry out the purpose of the 91 Act. These rules come into effect by notification in the Official Gazette. In addition to the general power, a number of specific matters have been listed on which the Central Government 92 may make rules. The rules may be given retrospective effect (not earlier than the commencement of the Act) without prejudicially affecting the interests of any person to whom 93 such Rules may be applicable. The power to make regulations has been vested in the Commission. These regulations have to be consistent with other provisions of the Act and the rules already made so that there is no conflict of law. Unlike rules, there is no general power to make regulations. Specific matters on 94 which the Commission may make Regulations have been listed. The regulations come into effect by notification in the Official Gazette. For making regulations on certain matters, previous 87 See id. § 22(2). 88 See id. § 22(3). 89 See id. § 23. 90 See id. § 24. 91 See id. § 25(1). 92 See id. §§ 25(2)(a) – 25(2)(k). 93 See id. § 25(3). 94 See id. § 26(1). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 17 of 64

95 approval of the Central Government is required. Subject to certain conditions, regulations may 96 be given retrospective effect. The Commission, with the previous approval of the Central Government, has the power to make regulations to delegate to the Chairman or the Vice-Chairman or any of its officers its powers related to: i) General superintendence and direction over the business transacted by or in the Commission. ii) Expenditure incurred in connection with the maintenance of the office and internal 97 administration of the Commission. Section 28 of the Act provides for laying of rules and regulations before Parliament. Thus, every rule and every regulation 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. This period may be comprised in one session or in two or more successive sessions. If there are no modifications suggested during this period, the rule or the regulation will be effective in its original form. In case any modification is done before the expiry of the said period, the rule or the regulation will be effective only in such modified form. In case both the Houses agree that such rule or regulation should not be made, the said rule or regulation will not be effective. However, any such modification or annulment will be without prejudice to the validity of anything 98 previously done under that rule or regulation. 4. Rules and Regulations under the University Grants Commission Act, 1956 As noted in last Part, the Central Government has the power to make rules for the purpose of carrying out various provisions of the Act. A number of rules have been made so far under the Act. These are discussed hereunder. a) Rules under the University Grants Commission Act, 1956 A. The University Grants Commission (Inspection of Universities) Rules, 1960 Section 13 of the Act contains the substantive position of law pertaining to an important power given to the Commission for the purpose of inspection. The same section also provides that the procedural aspects of the inspection may be prescribed by the Central Government. Thus, the Central Government, in exercise of the power conferred under Section 25 (1) read with Section 99 25(2)(g) of the Act, has made the University Grants Commission (Inspection of Universities) 95 See id. § 26(2). 96 See id. § 26(3). 97 See id. §§ 27(1), 27(2). 98 See id. § 28. 99 See id. §§ 25(1), 25(2)(g). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 18 of 64

Rules, 1960 100 (UGC Inspection of Universities Rules) in order to make the provisions of Section 13 fully operational. Under the Act, the necessity for inspection may arise when the Commission has to ascertain the financial needs of a university or its standards of examination, teaching and research or both. To start with, the Commission is given the power to appoint a Committee to carry out the inspection. This Committee may consist of such persons as the Commission may decide in each case. Therefore, the Committee so appointed is the main vehicle of inspection under the UGC Inspection of Universities Rules. 101 However, the questions of size, eligibility of members etc. of the Committee to be appointed under these rules have been left at the complete discretion and wisdom of the Commission. As the next step, the Commission has to send a questionnaire to the Vice-Chancellor of the university seeking information on all relevant matters relating to the department(s) or institution(s) to be inspected. After receiving the information so requisitioned, the Commission has to fix the date of inspection by the Committee and it has to be communicated to the executive authority of the university. The UGC Inspection of Universities Rules put an obligation on the Commission to associate the university concerned with the process of inspection. 102 Accordingly, the university under inspection may nominate up to three of its representatives for being associated with the inspection and their names must be communicated to the Commission. The manner of association of these representatives has to be determined by the Committee after consultation with the university. For carrying out the inspection, the Committee has been additionally empowered to have discussions with such officers, teachers or other members of the department(s) or institution(s) to be inspected as may be considered necessary by the Committee. Finally, the Committee is duty bound to submit its report to the Commission, as soon as possible after the inspection. 103 B. The University Grants Commission (Fitness of Certain Universities for Grants) Rules, 1974 Section 12B of the Act contains the substantive provisions relating to grants to the universities by the Central Government, the University Grants Commission or any other organisation receiving any funds from the Central Government. Thus, the Central Government, in exercise of the power conferred under Section 25 (1) read with Section 12B, has made the University Grants Commission (Fitness of Certain Universities for Grants) Rules, 1974 (UGC Fitness of 100 See University Grants Commission (Inspection of Universities) Rules, 1960, The Gazette of India, Part II, No. F.24-6/56-A.1. 101 See id. cl. 3. 102 See id. cl. 6(a).The opening language of clause 6 suggests so. However, the rules are silent on the way forward in case the university under inspection is either unable to or willfully chooses not to nominate its representatives for associating with the inspection. 103 See id. cl. 7. There is no time limit mentioned to complete the process of inspection. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 19 of 64

Certain Universities for Grants Rules). 104 A number of exceptions have been provided so far as the applicability of these rules is concerned. 105 Clause 2 of the UGC Fitness of Certain Universities for Grants Rules provides the mechanism through which the Commission may arrive on its satisfaction as before using its declaratory power as stipulated under Section 12B. The mechanism thus provided is basically the consideration of a number of conditions on which the satisfaction of the Commission has to be based. All the conditions have to be considered mandatorily and even if one of them is adverse in any given case, the Commission is bound not to be satisfied. The following is a summary of the conditions provided therein: Justification of Establishment of the University In case the university is established or incorporated under a Central Act, no further justification is required. However, for any other university, its establishment must be justifiable on one or more of three separate grounds. First, the facilities for higher education and research in the area where the university is situated are inadequate and the existing university or universities of the concerned State are unable to provide adequate facilities for higher education on the basis of existing facilities or by establishing post-graduate centres or campuses. Second, the university serves the national purpose of augmenting the existing academic resources in the country by way of either having or planning to have some special features or new programmes and activities. And third, the university also serves national purposes of upliftment of backward areas or removal of regional imbalances by way of either having or planning to have programmes for such purposes. Thus, the establishment of universities other than the central ones must be justified on one or more of these three grounds. 106 Provisions in the Act creating the University These conditions relate to the actual provisions in the Act through which the university is established. Accordingly, the underlying Act must contain specific provisions to the effect of establishing a Planning Board or Committee consisting of eminent educationists to guide the lines on which the university will be developed. 107 Here, no distinction has been made between Central Act and State Act. In addition, the underlying Act must have given due weight to the 104 See University Grants Commission (Fitness of Certain Universities for Grants) Rules, 1974, Gazette of India, Pt. II, Section 3, Sub-section (i), No. F.9-2/74-U.2. 105 See id. cls. 1(2)(i), 1(2)(ii) and 1(2)(iii). These rules do not apply to (i) an agricultural university, (ii) a university established against the advice of the Commission for imparting, exclusively, technological or medical education; and (iii) an institution recognized by the Commission, under the clause (f) of Section 2 of the University Grants Commission Act, 1956 (3 of 1956), on or after the 17th day of June 1972, the date on which the University Grants Commission (Amendment) Act, 1972 (33 of 1972) came into force. 106 See id. cls. 2(i), 2(ii)(a), 2(ii)(b) and 2(ii)(c). 107 See id. cl. 2(iii). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 20 of 64

recommendations of the Education Commission (1964-66) constituted by the Government of India; the Committee on the Governance of Universities appointed by the Commission and the Committees or Panels appointed by the Commission during the last ten years. 108 Both types of Acts must comply with these conditions. Academic Facilities for Instruction and Teaching The university must not only be an affiliating one. It should actually be a teaching and research university with a number of faculties having adequate facilities for a number of subjects. 109 The university must have the powers to provide instruction through correspondence courses. In addition, the university must have the power to declare autonomy to any of its colleges, departments, centres or campuses. Moreover, every teaching department, centre or discipline in the university must have a provision of a minimum staff of one Professor, two Readers and an adequate number of Lecturers along with the necessary supporting staff. 110 Infrastructure The university must have been provided with adequate facilities like building, equipment, books, library, hostel and staff quarters whose aggregate value must not be less than Rs. 2 Crore in addition to developed land. For calculating this value of Rs. 2 Crore, the value of such facilities of affiliated colleges, libraries or institutions must not be taken into account. In case the university does not have such adequate facilities, the State Government can give an assurance to the Commission that at least Rs. 2 Crore will be made available to the university during the initial period of five years for creation of such facilities in addition to the developed land. Since there is no such privilege provided for the Central Government, it is expected provide such facilities and the developed land to the university right at the beginning. In addition, adequate machinery for the health, residence and welfare for the students should either be provided or resources should be in the position of being made available for this purpose to the university. 111 C. The University Grants Commission (Fitness of Agricultural Universities for Grants) Rules, 1975 The University Grants Commission (Fitness of Agricultural Universities for Grants) Rules, 1975 112 (UGC Fitness of Agricultural Universities for Grants Rules) have been made by the Central Government in exercise of the general power provided under Section 25(1) read with Section 12B of the Act. 113 In particular, this was necessary since the University Grants Commission (Fitness of Certain Universities for Grants) Rules, 1974 did not apply to Agricultural Universities. 114 108 See id. cls. 2(iv)(a) - 2(iv)(c). 109 See id. cl. 2(v). 110 See id. cls. 2(vi) - 2(vii). 111 See id. cls. 2 (viii) - 2(ix). 112 See University Grants Commission (Fitness of Agricultural Universities for Grants) Rules, 1975, Gazzette of India, Pt. II, Section 3, Sub-section (i), No. F.16-28/75-L.U. 113 See University Grants Commission Act, No. 3 of 1956, § 25(1). 114 See note 105 supra. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 21 of 64

To start with, clause 2 of the UGC Fitness of Agricultural Universities for Grants Rules provides the mechanism through which the Commission may arrive on its satisfaction as before using its declaratory power as stipulated under Section 12B. The mechanism thus provided is basically the consideration of a number of conditions on which the satisfaction of the Commission has to be based. All the conditions have to be considered mandatorily and even if one of them is adverse in any given case, the Commission is bound not to be satisfied. The following is a summary of the conditions provided therein: Justification of Establishment of an Agricultural University The establishment of the Agricultural University must be justifiable on one or more of three separate grounds. First, the facilities for higher education and research in agriculture in the area where the university is situated are inadequate and the existing university or universities the concerned State are unable to provide adequate facilities for higher education on the basis of existing facilities or by establishing post-graduate centres or campuses. 115 Second, the university serves the national purpose of augmenting the existing academic resources in the country by way of either having or planning to have some special features or new programmes and activities. 116 And third, the university also serves national purposes of upliftment of backward areas or removal of regional imbalances by way of either having or planning to have programmes for such purposes. 117 Provisions in the Act creating the University The underlying Act must have given due weight to the recommendations of the Education Commission (1964-66) constituted by the Government of India and the Committee on the Governance of Universities appointed by the Commission. 118 Role of the State Government The UGC Fitness of Agricultural Universities for Grants Rules envisages an active role of the State Government concerned with the Agricultural University. According to this, the concerned State Government must have accepted the principle of integration of teaching, research and extension education in the broad area of agriculture and in pursuance of this, must have also agreed to transfer research, in the broad area of agriculture within the State to the University. 119 A convention is required to be developed between the Agricultural University and the Department of the State Government to facilitate coordination between the agricultural 115 See University Grants Commission (Fitness of Agricultural Universities for Grants) Rules, 1975, cl. 2(i)(a). 116 See id. cl. 2(i)(b). 117 See id. cl. 2(i)(c). 118 See id. cls. 2(ii)(a) – 2(ii)(b). 119 See id. cl. 2(iii). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 22 of 64

University and the concerned Departments of the State Government. The convention must have the effect of delineating the responsibilities and functions of the Agricultural University and concerned Departments of the State Government in the areas of research and extension education. In addition, the State Government must have set up an apex body at the State level consisting of the representatives of the University and the State Government. 120 Also, the concerned State has to ensure the provision of adequate basic facilities in respect of scientific staff, supporting staff, building, equipment library, hostels staff quarters, playgrounds, regional research stations, agroclimatic zonewise instructional and research farm facilities, poultry, dairy, livestock, farm machinery and veterinary clinical facilities in accordance with the recommendations of the Indian Council of Agricultural research. 121 Moreover, the State Government has to either provide adequate facilities for the health, residence and welfare of the students, or make available the resources to the University for these purposes. 122 Finally, the State Government has to ensure recurring grants to the Agricultural University for the maintenance of its activities. 123 Academic Facilities and Standards for Instruction and Teaching The University has to keep in view the requirements of the State. On this basis, it is required to have the necessary discipline to provide for study and research and extension education in the subjects related to agriculture, veterinary medicine, animal husbandry, forestry, agricultural engineering, fisheries and home science. Also, the University is required to provide for integration of teaching, research and extension education in each of the departments and assure the minimum staff required for the undergraduate and postgraduate education, research and extension education in accordance with the recommendations of the Indian Council of Agricultural Research. 124 D. The University Grants Commission (Fitness of Technological Universities for Grants) Rules, 1978 The University Grants Commission (Fitness of Technological Universities for Grants) Rules, 1978 125 (UGC Fitness of Technological Universities for Grants Rules) have been made by the Central Government in exercise of the general power provided under Section 25(1) read with Section 12B of the Act. In particular, this was necessary since the University Grants Commission (Fitness of Certain Universities for Grants) Rules, 1974 did not apply to Technological Universities. 120 See id. cl. 2(iv). 121 See id. cl. 2(vii). 122 See id. cl. 2(viii). 123 See id. cl. 2(vi). 124 See id. cl. 2(v). 125 The University Grants Commission (Fitness of Technological Universities for Grants) Rules, 1978, Gazette of India, Pt. II – Section 3, Sub-section (i), No. F.16-84/76-LU(U.5). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 23 of 64

Clause 3 of the UGC Fitness of Technological Universities for Grants Rules provides the mechanism through which the Commission may arrive on its satisfaction as before using its declaratory power as stipulated under Section 12B. The mechanism thus provided is basically the consideration of a number of conditions on which the satisfaction of the Commission has to be based. All the conditions have to be considered mandatorily and even if one of them is adverse in any given case, the Commission is bound not to be satisfied. The following is a summary of the conditions provided therein: Justification of Establishment of the Technological University 126 There must be a felt need to set up such a university along with evidence based grounds that the existing universities in a state cannot effectively meet the requirements of development of Engineering and Technological education through its colleges, either directly maintained by or affiliated to it. 127 Provisions in the Act creating the University The underlying Act must have given due weight to the recommendations of the Education Commission (1964-66) constituted by the Government of India and the Committee on the Governance of Universities appointed by the Commission. 128 Role of the State Government The concerned State Government must ensure that adequate basic facilities in respect of scientific staff, supporting staff, buildings, equipment, library, hostels, staff quarters, playgrounds and the like as may be determined in consultation with the All India Council for Technical Education is provided to such Technological University. 129 Teaching, Research and Regional Development The Technological University must have adequate facilities for postgraduate teaching and research along with the facilities for adequate support of science departments of its own. In addition, it must provide courses of extension and devote attention for regional development. 130 Industry 131 Linkage The Technological University must provide adequate link with the industry for its courses and must be in a position to provide for high level consultancy to the industry. 132 126 See id. cl. 2(b). “Technological University” means a university which provides for instruction and research in any branch or branches of engineering and technology, and for the advancement of learning and dissemination of knowledge in such branch or branches. 127 See id. cl. 3(a). 128 See id. cl. 3(f). 129 See id. cl. 3(e). 130 See id. cl. 3(b). 131 See id. cl. 3(a). “Industry” means any business, trade undertaking manufacture or calling employers and includes any calling, service, employment, handicraft, or industrial occupation or a vocation of workmen. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 24 of 64

E. The University Grants Commission (Fitness of Open Universities for Grants) Rules, 1988 The University Grants Commission (Fitness of Open Universities for Grants) Rules, 1988 133 (UGC Fitness of Open Universities for Grants Rules) have been made by the Central Government in exercise of the general power provided under Section 25(1) read with Section 12B of the Act. These rules are applicable to every Open University except an Open University established or incorporated by or under a Central Act. Rule 3 of the UGC Fitness of Open Universities for Grants Rules provides the mechanism through which the Commission may arrive on its satisfaction as before using its declaratory power as stipulated under Section 12B. The mechanism thus provided is basically the consideration of a number of conditions on which the satisfaction of the Commission has to be based. All the conditions have to be considered mandatorily and even if one of them is adverse in any given case, the Commission is bound not to be satisfied. The following is a summary of the conditions provided therein: Provisions in the Act creating the Open University and Study Centres 134 The Act under which the Open University is established or incorporated should broadly be in line with the provisions in the Indira Gandhi National Open University Act, 1985. 135 In addition, the Open University must have a network of Study Centres in accordance with the recommendations of the Indira Gandhi National Open University. 136 Role of the State Government The State Government must have ensured provision of adequate facilities in terms of Developed Land (40-60 Acres); Core Staff (5 Professors/ 5 Readers and 20 Lecturers); Administrative, Academic, Storage and Studio Buildings (total 10,000 Sq. mts.); Faculty Guest House (for at least 20 persons); Quarters (for essential staff); Computer System and Studio Equipments as recommended by the Indira Gandhi National Open University; Books and Jour (Rs. 20 Lakh); and Infrastructure facilities for Study Centre established or maintained by the Open University (Rs. 1 Lakh per Study Centre). However, before the Open University is declared fit for receiving grants, it must already have developed land and the Core Staff and must have incurred half at least Fifty percent of the estimated cost of the remaining items as discussed above. 137 132 See id. cl. 3(c). 133 See University Grants Commission (Fitness of Open Universities for Grants) Rules, 1988, Gazette of India, Pt. II – Section 3, Sub-section (i), No. F.10-40/88-Desk(U). 134 See id. cl. 2(b). “Study Centre” means a centre established, maintained or recognized by the Open University for the purpose of advising, counselling or for rendering any other assistance required by the students. 135 See id. cl. 3(a). 136 See id. cl. 3(b). 137 See id. cl. 3(c). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 25 of 64

F. The University Grants Commission (Returns of Information by Universities) Rules, 1979 The University Grants Commission (Returns of Information by Universities) Rules, 1979 138 (UGC Return of Information by Universities Rules) have been made by the Central Government in exercise of the power conferred under clauses (f) and (k) of sub-section (2) of Section 25 read with clause (i) of Section 12. 139 Clause 2 of the UGC Return of Information by Universities Rules says that every university is duty bound to furnish to the Commission returns of information under certain broad categories every year on or before the date specified by the Commission. 140 These broad categories are as under: Underlying Act and Subordinate Legislations This category includes latest information on the Act, Statutes and Ordinances related to the university; 141 the rules for grant in aid to the colleges belonging to or affiliated to it; 142 and the rules of the inspection of colleges belonging to or affiliated to it. 143 Financial and Inspection This category includes the annual accounts of university including the audit report 144 and the 145 reports on the inspection of colleges belonging to or affiliated to it. Academic Standards This category includes a variety of information. Firstly, the university has to provide information on the minimum working days in the university, period of vacations, examination days and the number of days when actual teaching conducted exclusive of the days for the preparation for examinations. 146 Secondly, where there are admission tests, the university must provide a note indicating the minimum criteria laid down along with admission policy and variations, if any, from the basis specified for admission. This note must also include statistics of the students admitted below 147 the minimum qualifications specified for admission. 148 138 See University Grants Commission (Returns of Information by Universities) Rules, 1979, Gazette of India, Pt. II – Section 3, Sub-section (i), No. F.16-64/76-LU(U.5). 139 See id. There appears to be a typing error in opening line. 140 See id. cl. 2. 141 See id. cl. 2(a)(i). 142 See id. cl. 2(a)(ii). 143 See id. cl. 2(a)(iii). 144 See id. cl. 2(h). 145 See id. cl. 2(b). 146 See id. cl. 2(c). 147 See id. cl. 2(d). 148 See id. cl. 2(e). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 26 of 64

Thirdly, the university must provide information on the total staff strength in different categories with qualifications and research experience. Here, the university has been given a relaxation. This information can be intimated by the university once in every five years. Only the changes, if 149 any, have to be intimated every year. 150 Finally, the university must furnish information on student strength at various stages; teacher 151 152 pupil ratio; and results of examinations with divisions. Infrastructure This category includes information on residences for students 153 and staff. 154 G. The University Grants Commission (Fitness of Institutions for Grants) Rules, 1975 The University Grants Commission (Fitness of Institutions for Grants) Rules, 1975 155 (UGC Fitness of Institutions for Grants Rules) have been made by the Central Government in exercise of the power conferred under Section 25 read with Section 12B of the Act. Section 12B gives the power to the Commission to declare universities to be fit for receiving grants after its satisfaction on this issue. The same section also gives power to the Central Government to prescribe the matters on which the Commission has to satisfy itself. Also, the definition of university under Section 2(f) includes an institution which may be recognized by the Commission. The UGC Fitness of Institutions for Grants Rules are applicable to such institutions. These Rules provide that any such institution has to satisfy all the conditions prescribed therein before being declared by the Commission to be fit to receive grants from the Central Government, the Commission or any other Organisation receiving any fund from the Central Government. 156 These conditions are as under: Level of Instruction The institution must provide instruction up to a Bachelor’s degree or up to a postgraduate degree only; or must provide instructions for a diploma course of duration of not less than one academic year and for which the minimum qualification for admission is a Bachelor’s degree. 157 Legal Identity of the Institution The institution must be registered as a society under the Societies Registration Act. 1860 (21 of 1860) or a body corporate established or incorporated under a Central Act, a provincial Act or a 149 See id. cl. 2(i). 150 See id. cl. 2(j). 151 See id. cl. 2(k). 152 See id. cl. 2(l). 153 See id. cl. 2(f). 154 See id. cl. 2(g). 155 See University Grants Commission (Fitness of Institutions for Grants) Rules, 1975, Gazette of India, Pt. II – Section 3, Sub-section (i), No.F.9-59/74-U2(B). 156 See id. cl. 2. 157 See id. cl. 2(i). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 27 of 64

State Act, for the time being in force or a Trust with Trustees being appointed and vested with legal powers and duties. 158 Status of Affiliation of the Institution The institution must be permanently affiliated to a university which has been declared fit under section 12B of the Act for receiving grants. Thus, prior recognition under Section 12B of the affiliating university by the Commission is an essential pre-condition for according recognition the institution. 159 H. The University Grants Commission (Fitness of Health Sciences and Medical Universities for receiving Grants) Rules, 1996 The University Grants Commission (Fitness of Health Sciences and Medical Universities for Grants) Rules, 1996 160 (UGC Fitness of Health Sciences and Medical Universities for Grants Rules) have been made by the Central Government in exercise of the general power provided under Section 25(1) read with Section 12B of the Act. In particular, this was necessary since the University Grants Commission (Fitness of Certain Universities for Grants) Rules, 1974 did not apply to Medical Universities. To start with, clause 3 of the UGC Fitness of Health Sciences and Medical Universities for Grants Rules provides the mechanism through which the Commission may arrive on its satisfaction as before using its declaratory power as stipulated under Section 12B. The mechanism thus provided is basically the consideration of a number of conditions on which the satisfaction of the Commission has to be based. All the conditions have to be considered mandatorily and even if one of them is adverse in any given case, the Commission is bound not to be satisfied. The following is a summary of the conditions provided therein: Justification of Establishment of the Health Sciences and Medical University There must have been a need to set up such a Health Science and Medical University. Such a need must be evident from the fact that the other existing universities in the states cannot effectively meet the requirements and systematic development of medical and allied sciences 161 through their programmes of teaching, research and extension either through departments or colleges directly maintained by and/or affiliated to it. 162 Provisions in the Act creating the University The Act under which such a university has been established, due weight must have been given to the recommendations made by the Education Commission (1964-66) constituted by a 158 See id. cl. 2(ii). 159 See id. cl. 2(iii). 160 See University Grants Commission (Fitness of Health Sciences and Medical Universities for Grants) Rules, 1996, Gazette of India, Pt. II – Section 3, Sub-section (i), F.No.4-46191-U.I. 161 See id. cl. 2(a). “Allied sciences” includes such sciences which are primarily supportive in nature to the medical and nursing professions. 162 See id. cl. 3(a). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 28 of 64

Resolution of the Government of India; the Health Survey Planning Committee (Mudaliar Committee) 1959-61; the Medical Education Review Committee (Shantilal Mehta Committee) 1981-83; and the guidelines and/or recommendations of the committee appointed by the Commission on the governance of universities. 163 Role of the State Government The State Government must have set up an apex body at the State level to facilitate coordination amongst the university, the concerned departments of the State Government, the Commission, the Central Government, the Medical Council of India and the Indian Council of Medical Research comprising of their representatives and experts. 164 In addition, the State Government must ensure adequate basic facilities in respect of scientific staff, supporting staff, buildings equipment, laboratories, library, hostels, staff quarters, playgrounds and the like, as may be determined in consultation with the concerned professional council. 165 Finally, the State Government must ensure continued provision of adequate recurring grants to the University for the maintenance of its activities of teaching, research and extension. 166 Teaching, Research, National and Regional Development The university must have facilities to provide for teaching, research and extension in the subjects related to medicine and allied sciences including Environmental Sciences, Social and Behavioural Sciences in relation to medicine, Bioengineering, Dental (stomatology), Pharmaceutical Sciences, Continuing Medical Education, Medical Education, Health Manpower development and Health Administration keeping in view the existing and emerging requirements of the concerned State. 167 In addition, the university must have adequate facilities for postgraduate teaching, research and extensions programmes. 168 Moreover, it must provide for integration of teaching, research and extension education in each of the departments and ensure the provision of the minimum staff required for undergraduate and postgraduate education, research and extension education in accordance with the recommendation of the Medical Council of India and the Indian Council of Medical Research. 169 Finally, it must also provide courses of extension and devotes attention to national and regional development. 170 163 See id. cls. 3(f)(i) – (v). 164 See id. cl. 3(g). 165 See id. cl. 2(e). 166 See id. cl. 2(i). 167 See id. cl. 2(h). 168 See id. cl. 2(b). 169 See id. cl. 2(i). 170 See id. cl. 2(d). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 29 of 64

Professional and Industry Linkage The university must provide adequate linkage with the respective professions, health care delivery systems and industry, as may be appropriate. 171 b) Regulations under the University Grants Commission Act, 1956 The Commission has the power to make regulations on a variety of matters as provided in Section 26 of the Act. Consequently, the Commission has made various regulations from time to time. These include the following: A. Recognition of College in Terms of Regulations, 1974 framed under the UGC Act The Commission, with the approval of the Central Government, has made the Recognition of College in Terms of Regulations, 1974 framed under the UGC Act 172 (UGC Recognition of College Regulations) in terms of its power provided under Section 26(1)(d) read with Section 2(f) of the Act. Further, clause 1 of these regulations provides that the Commission has the power to recognize an institution under Section 2(f) of the Act in consultation with the university concerned. This recognition is, however, subject to the fulfillment of the following conditions: i) Status of Affiliation of the Institution: There are two category of institutions specified under these regulations. The first category comprises of institutions which are affiliated to or form as constituent members of or run directly as university colleges or recognized by a university in terms of its statutes and regulations. Such a university must have been established or incorporated by or under a Central Act or a State Act. The second category comprises of institutions which are run by the Government or local authority. 173 ii) Level of Instruction: The institution must provide instruction up to a Bachelor’s degree or up to a postgraduate degree only; or must provide instructions for a diploma course of duration of not less than one academic year and for which the minimum qualification for admission is a Bachelor’s degree. 174 iii) Legal Identity of the Institution: The institution must be registered as a society under the Societies Registration Act. 1860 (21 of 1860) or a body corporate established or incorporated under a Central Act, a provincial Act or a State Act, for the time being in force or a Trust with Trustees being appointed and vested with 171 See id. cl. 2(c). 172 See Recognition of College in Terms of Regulations, 1974 framed under the UGC Act, No.F.3334/65(CD/CP)Pt. IV) 173 See id. cl. 1(i). 174 See id. cl. 1(ii). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 30 of 64

legal powers and duties. However, this condition is not applicable to the category of institutions run by the Government or a local authority or any university. 175 iv) Bond by Sponsoring Organization: This condition is applicable only when the institution seeking recognition is hit by the following two sub-conditions. First, it is affiliated to or forms as a constituent member of or is recognized by a university established or incorporated by or under a Central Act or a State Act. And second, the institution is not registered as a society under the Societies Registration Act. 1860 (21 of 1860) or a body corporate established or incorporated under a Central Act, a provincial Act or a State Act, for the time being in force or a Trust with Trustees being appointed and vested with legal powers and duties. In such a case, a bond is executed by the registered society or trust by which it is managed or run guaranteeing the proper utilisation of the grants that might be paid by the Commission to the institution seeking recognition. Moreover, the said society or trust must agree to refund such part of the grant as may not have been properly utilised for the purpose of the institution. Finally, the said society or trust must agree to furnish to the Commission the balance sheet of the registered society or trust, as the case may be, along with the annual accounts of each of the institutions managed or run by the registered society or 176 trust. The UGC Recognition of College Regulations have been given retrospective effect. B. The University Grants Commission (Establishment and Maintenance of Institutions)Regulations,1985 The Commission, with the previous approval of the Central Government, has made the University Grants Commission (Establishment and Maintenance of Institutions) Regulations, 1985 177 (UGC Establishment and Maintenance of Institutions Regulations) in terms of its power provided under Section 26(1)(h) read with Section 12(ccc) of the Act. 178 These regulations apply to every institution or institution established or caused to be established by the Commission in terms of Section 12(ccc) of the Act. 179 i) Project Report: The Commission is authorized to establish autonomous organizations by virtue of Section 12(ccc) of the Act. However, it can be done only with the approval of the Central Government. 180 Such an organization may be established by the Commission on the basis of a Project Report. This Project Report has to specify the rationale; the objectives and functions; the plan of development; the structure of management including the membership of the Society, the Board of Management and other concerned bodies, and their functions and powers, mechanism for its 175 See id. cl. 1(iii). 176 See id. cl. 1(iii). 177 See University Grants Commission (Establishment and Maintenance of Institutions) Regulations, 1985, Gazette of India, Pt. III – Section 4, No. F.1-81/84-(CPP). 178 See id. 179 See University Grants Commission Act, No. 3 of 1956, § 12(ccc). 180 See id. § 26(2). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 31 of 64

evaluation; financial implications, including phasing of expenditure; and the nature and mechanics for enforcement of accountability to the Commission and the Government. 181 ii) Legal Identity of the Institution: Each such institution has to be registered under the Societies Registration Act, 1860 or under the relevant Act of the State Government in whose jurisdiction the institution is planned to be located. 182 iii) Substantive and Procedural Provisions: The Memorandum of Association and the Rules of the institution must, amongst others, provide for the objects of the institution; the membership of the Society, the Board of management and other concerned bodies, and their functions and powers; the manner of appointment of the staff and the terms and conditions of service; and the manner of maintenance of the accounts and related matters, and the audit of the same. 183 C. The University Grants Commission (the minimum standards of instructions for the grant of the first degree through formal education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985 In terms of Section 12 of the Act, it is one of the general duties of the Commission to take all such steps for the determination of teaching, examination and research in universities. In particular, Section 26(1)(f) gives the power to the Commission to make regulations for defining the minimum standards of instruction for the grant of any degree by any university. 184 In pursuance thereof, the Commission has made The University Grants Commission (the minimum standards of instructions for the grant of the first degree through formal education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985 185 (UGC Minimum Standards of Instructions for the Grant of the First Degree through Formal Education Regulations). These regulations apply to every university established or incorporated by or under a Central Act or a State Act, and all institutions recognized under Section 2(f) of the Act and every institution deemed to be university under Section 3 of the Act. These regulations are discussed under the following broad indicators: 181 See University Grants Commission (Establishment and Maintenance of Institutions) Regulations, 1985, Gazette of India, Pt. III – Section 4, No. F.1-81/84-(CPP), cls. 2(i)(a) – 2(i)(f). 182 See id. cl. 2(ii). 183 See id. cls. 2(iii)(a) – 2(iii)(d). 184 See University Grants Commission Act, No. 3 of 1956, §§ 12, 26(1)(f). 185 See University Grants Commission (the minimum standards of instructions for the grant of the first degree through formal education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985, Gazette of India, Pt. III – Section 4, No. F.1- 117/83(CP). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 32 of 64

i) Admissions and Students: The eligibility for admission to the first Degree course in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences is successful completion of 12 years of schooling through an examination conducted by a Board or a University. The concerned institution is under a duty to make admission on merit on the basis of criteria notified by it after taking in to account the reservation order issued by the government from time to time. Another duty cast upon the institution says that the student enrolment must be in accordance with the number of teachers and physical facilities available. So far as the students are concerned, it is provided that the first Degree can be awarded only after completing a three year course. Moreover, only such a Degree makes a student eligible for admission to the Master’s course. There is a transistory (sic) measure where the universities are unable to change to a three year degree course. In such cases, they may award they may award a B.A./ B.Sc./B.Com. (Pass) degree on successful completion of two year course. However, this degree will not be valid for admission to Master’s course. The students have to undergo and pass further one year bridge course. 186 ii) Working Days: Every university enrolling students for the first Degree course shall ensure that the number of actual teaching days does not go below 180 in an academic year. For this, there are a number of explanations given. Accordingly, the working days shall exclude holidays and vacations, the time set apart for completing normal admission, time required for the preparation and conduct of examinations but shall include the days on which classes such as lectures, tutorials, seminars, practicals etc. are held or conducted. The total periods provided in the timetable must not be less than 40 clock hours a week. The university must not only lay down the syllabus for each course but also the manner of its implementation. For a student, the total weekly workload must not be more than 30 clock hours, when he or she offers a combination of courses. Finally, there is a requirement of 75% attendance by the student for appearing in the examinations. 187 iii) Examination: The University must adopt the guidelines issued by the University Grants Commission from time to time in regard to the conduct of examination. There must be both continuous sessional evaluation in addition to semester/year-end examinations. The marks or grades obtained in continuous sessional evaluation must be shown separately in the grade-card along with percentile ranking. Furthermore, the university must develop a dependable system of checks and controls on marks or grades awarded in sessional work. 188 186 See id. cls. 2(1) – 2(3). 187 See id. cls. 3(1). 188 See id. cls. 4(1) – 4(4). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 33 of 64

iv) Teachers: The teachers must be appointed in accordance with the regulations made by the Commission in this behalf. In addition, the work load of a teacher must take into account teaching, research and extension activities, preparation of lessons, evaluation of assignments, term papers etc. and must be in accordance with the guidelines issued by the Commission from time to time. Also, every teacher must be available in the institution on a working day and must, in addition to participating in teaching, undertake examination/test/evaluation/ invigilation work, general assistance to students in removing their academic difficulties, and participate in extracurricular and institutional support activities as required. The university must provide a number of fulltime and/or part-time teachers, keeping in view the total institutional workload, teachers’ workload and class size. In particular, a teacher must not be expected to lecture for more than three clock hours per day. The group for tutorials shall not normally be more than 15 or 20 students. Finally, a teacher must not be expected to supervise more than 20 – 25 students in a laboratory class. 189 v) Physical Facilities: Every university must lay down norms in respect of class rooms, laboratories, library, canteen/cafeteria, hostel accommodation etc. and all institutions admitted to its privileges must adhere to the same. The university while prescribing these facilities as a condition of affiliation must keep in view the guidelines of the University Grants Commission in this regard. The lecture-classes should normally not exceed 80 students. However, in special cases, the university can use its accommodation for larger classes and make suitable audiovisual arrangements for effective lecturing accompanied by tutorial classes. 190 vi) Information: Lastly, the UGC Minimum Standards of Instructions for the Grant of the First Degree through Formal Education Regulations require every university to furnish to the Commission information relating to the observance of these regulations in the form prescribed for the purpose. The information must be supplied to the Commission within 60 days of the close of the academic year. However, the Commission has the power grant relaxation to a university in regard to the date of implementation or for admission to the first or second degree courses or to give exemption for a specified period in regard to other clauses in these regulations on the merit of 191 each case. 189 See id. cls. 5(1) – 2(6). 190 See id. cls. 6(1) – 6(2). 191 See id. cls. 7 – 8. See also Notification No. F.1-117/83(CPP) dated 30.05.1986. It modified the original regulations by adding cl. 8 below cl. 7. However, there appears to be a typing or printing error in the original regulations whereby cl. 7 is omitted or invisible. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 34 of 64

D. The University Grants Commission (the minimum standards of instructions for the grant of the first degree through non-formal/distance education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations,1985 In terms of Section 12 of the Act, it is one of the general duties of the Commission to take all such steps for the determination of teaching, examination and research in universities. In particular, Section 26(1)(f) gives the power to the Commission to make regulations for defining the minimum standards of instruction for the grant of any degree by any university. In pursuance thereof, the Commission has made The University Grants Commission (the minimum standards of instructions for the grant of the first degree through non-formal/distance education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985 192 (UGC Minimum Standards of Instructions for the Grant of the First Degree through Non-formal/Distance Education Regulations). These regulations apply to every university established or incorporated by or under a Central Act or a State Act, and all institutions recognized under Section 2(f) of the Act and every institution deemed to be university under Section 3 of the Act. i) Admission and Students: The eligibility for admission to the first Degree course through non-formal/distance education has been described as successful completion of 12 years of schooling through an examination conducted by a Board or a University. In case there is no previous academic record, the eligibility for admission has been based upon passing an entrance test conducted by the university provided that the student is not below the age of 21 years on July 1 of the year of admission. After the admission, the first Degree can be awarded only after completing a three year course. Moreover, only such a Degree makes a student eligible for admission to the Master’s course. 193 ii) Programme of Study These regulations provide a detailed description of the programme of study in the form of lessons. Accordingly, each lesson must constitute approximately one week’s reading and there has to be at least 25 lessons in each main subject of study. The lessons have to be dispatched to the student at regular intervals. Furthermore, the University must set up study centres (outside the headquarters) in areas where there is a reasonable concentration of students. Each study centre must have adequate library facilities (text books, reference materials and lessons and supporting materials). These centres must also have qualified part-time instruction/counselling staff to advise and assist the students in the studies and remove individual difficulties. 192 See University Grants Commission (the minimum standards of instructions for the grant of the first degree through non-formal/distance education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985, Gazette of India, Pt. III – Section 4, No. F.1-117/83(CP). 193 See id. cls. 2(1) – 2(2). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 35 of 64

In addition, contact programme of 8-10 days must be organised in different places where there is a reasonably good number of students, to include lectures and discussions in support of the studies. Classes may be arranged on Sundays and other holidays at the headquarters. Wherever required, adequate number of practicals has be provided in all courses involving such work and if necessary, these may be arranged in the evening, during holidays or vacations in the existing institutions. Every student at the undergraduate level must be required to do at least five home assignments in each subject which must be made available to him or her at regular intervals, received back, corrected, graded and returned to the student at regular intervals. The University must maintain a record of the progress of studies of each student. The minimum number of assignments performed by a student for each subject must be 3 in order to be eligible for appearing in the examination in the concerned subject. 194 iii) Examination The university must adopt the guidelines issued by the Commission from time to time in regard to the conduct of examinations. In addition, there must be home assignments, students response sheets, contact programmes and semester/year end examination. The marks or grades obtained in home assignment and response sheets shall be shown separately in the grade card along with percentile ranking. Furthermore, the university must develop a dependable system of checks and controls on marks or grades awarded in home assignment and response sheets. The examination question papers must be framed so as to ensure that no part of the syllabus is left out of study by a student. Finally, Semester/Year-end examination must be held in a subject only when the University is satisfied that at least 75% of the programme of study has been actually conducted. 195 iv) Teachers The teachers must be appointed in accordance with the regulations made by the Commission in this behalf. The work load of a teacher must take into account teaching, research and extension activities, preparation of lessons, evaluation of assignments, term papers etc. and must be in accordance with the guidelines issued by the Commission from time to time for non-formal and distance education. Every teacher must be available in the Institution on each working day and must perform specified duties and in addition undertake examination/test/evaluation/invigilation work, general assistance to students in removing their academic difficulties and participate in extracurricular and institutional support activities as required. The workload of a teacher in distance education course must include - preparing, editing writing, revising translating lessons and other reading materials and checking the academic content thereof; teaching under personal contact programme; correction of student response sheets; maintaining a record of work done by him term-wise and submitting the same to the Institution; work during vacations to prepare reading materials, reading of proofs; and such other work as may be assigned in connection with teaching or examination. 194 See id. cls. 3(1) – 3(6). 195 See id. cls. 4(1) – 4(4). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 36 of 64

It may also be noted that the norms of workload for teachers at the undergraduate level must be as prescribed in the guidelines issued by the Commission from time to time. Finally, the number of fulltime and part-time teachers must be provided keeping in view the programme of study; 196 total institutional work load; and total enrolment of students. v) Information Lastly, the UGC Minimum Standards of Instructions for the Grant of the First Degree through Non-formal/Distance Education Regulations require every university to furnish to the Commission information relating to the observance of these regulations in the form prescribed for the purpose. The information must be supplied to the Commission within 60 days of the close of the academic year. However, the Commission has the power grant relaxation to a university in regard to the date of implementation or for admission to the first or second degree courses or to give exemption for a specified period in regard to other clauses in these regulations on the merit of each case. 197 E. The University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 India has seen growth of State private universities in recent times. These universities were established by or under State Acts but were sponsored by private bodies The States adopted different approaches to establish and maintain such universities. In order to regulate such universities, the Commission made the University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 198 by exercising its powers given under Section 26(1)(f) and Section 26(1)(g) under the Act. The details are explained as under: Establishment and recognition of Private Universities i) Mode of Establishment: According to these regulations, a private university can be established only by a separate State Act. The university so established must conform to the provisions of the UGC Act, as amended from time to time. 199 ii) Mode of Operation and study centre/off-campus centre/off-shore centre: A private university must not be an affiliating university. In other words, it must be a unitary or standalone university. It must also have adequate facilities for teaching, research, examination and extension services. 200 196 See id. cls. 5(1) – 4(6). 197 See id. cls. 6 – 7. See also Notification No. F.1-117/83(CPP) dated 30.05.1986. It modified the original regulations by adding cl. 7 below cl. 6. 198 See University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003. 199 See id. cl. 3.1. 200 See id. cl. 3.2. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 37 of 64

A private university is normally permitted to operate within the territorial boundary of the State where it has been established. However, in exceptional circumstances, the university may be permitted to open off-campus centre(s), off-shore campus(es) and study centre(s). For this, a number of factors have to be kept in mind and certain conditions fulfilled. Firstly, the university must have developed its main campus and five years must have been elapsed after it was established. Secondly, the off-campus centre(s) and/or the study centre(s) can be set up only after the approval of the Commission and the State Government(s) where the centre(s) is/are proposed to be opened. Thirdly, the private university must agree for the annual monitoring of the overall performance of such centre(s) by the Commission or its designated agency. The directions of the Commission for management, academic development and improvement will be binding on the private university. Fourthly, the Commission has the power to instruct the closing down of such centre(s) whose functioning is unsatisfactory. Such an instruction will be binding on the private university. In such a situation, the interests of the students already enrolled must be protected. Lastly, any off-shore campus(es) can be opened only after obtaining due permission from the Government of India as well as the Government of the host country. In such cases, the remittance of funds will be governed by the rules and regulations of the Reserve Bank of India. 201 iii) Maintenance of Standards: These regulations provide that private university shall fulfill the minimum criteria in terms of programmes, faculty, infrastructural facilities, financial viability, etc., as laid down from time to time by the UGC and other concerned statutory bodies such as the All India Council for Technical Education, the Bar Council of India, the Distance Education Council, the Dental Council of India, the Indian Nursing Council, the Medical Council of India, the National Council for Teacher Education the Pharmacy Council of India etc. 202 In addition, the courses of studies prescribed for a first degree and/ or the post-graduate degree / diploma programmes should have been formally approved by the respective academic bodies of the private university, such as the Board of Studies, the Academic Council and the Governing/ Executive Council. Moreover, the programmes of study leading to a degree and/or a post-graduate degree/diploma offered by a private university shall conform to the relevant regulations/norms of the Commission or the concerned statutory body as amended from time to time. 203 Moreover, these regulations require disclosure of information. Accordingly, a private university must provide all the relevant information relating to the first degree and post-graduate degree/diploma programme(s) including the curriculum structure, contents, teaching and learning process, examination and evaluation system and the eligibility criteria for admission of students, to the Commission on a prescribed proforma prior to starting these programmes. 204 The Commission has the power to examine such information and the representations and 201 See id. cl. 3.3. 202 See id. cl. 3.4. 203 See id. cls. 3.5 – 3.6. 204 See id. cl. 3.7. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 38 of 64

grievances of the students and concerned public relating to the deficiencies of the proposed programme(s) as per the prevailing regulations of the Commission. If required, the Commission must inform the university about any kind of non-compliance with the relevant regulations for rectification. The university is under an obligation to offer the programme(s) only after necessary rectification. 205 Finally, the procedures of admission and fixation of fees as followed by the university must be in accordance with the norms/guidelines prescribed by the Commission and other relevant statutory bodies. 206 Inspection The Commission has the power to cause periodic inspection of the private university and its off- campus centre(s), study centre(s), off-shore campus(es) etc. offering its programmes. For this purpose, the Commission may call for all relevant information from the concerned private university, as provided in the UGC (Returns of Information by Universities) Rules, 1979, as amended from time to time. 207 Consequences of Violations After inspection and assessment of a private university providing first degree and / or post graduate degree/diploma courses, the Commission has the power to indicate to the university any deficiency and non-conformity with the relevant regulations of the Commission. Afterwards, the university must be given a reasonable opportunity to rectify the same. If the Commission is satisfied that the private university has, even after getting an opportunity to do so, failed to comply with its regulations, the Commission may pass an order prohibiting the private university from offering any course for the award of the first degree and / or the post-graduate degree/diploma, as the case may be. This order will be valid till the deficiency is rectified by the university. 208 In addition to above, the Commission has the power to take necessary action against a private university awarding a first degree and / or a post-graduate degree/diploma, which are not specified by the Commission, and inform the public in general through a public notification. A private university continuing such programme(s) and awarding unspecified degree(s) is liable for penalty under Section 24 of the Act. 209 F. The UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009 Ragging in the institutions of higher education has emerged as one of the areas of concern. Seriousness of this phenomenon was not realized until a few unfortunate, and fatal incidents took place in the campuses. The Supreme Court took very serious exception of the menace of 205 See id. cl. 3.8. 206 See id. cl. 3.9. 207 See id. cl. 4. 208 See id. cl. 5.1. 209 See id. cl. 5.2. See also University Grants Commission Act, No. 3 of 1956, § 24. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 39 of 64

ragging and passed a number of directives to various statutory bodies including the Commission. Thus, in exercise of its power under Section 26(1)(g) of the Act, the Commission made the University Grants Commission Regulations on Ragging in Higher Educational Institutions, 2009 210 (UGC Regulations on Ragging in Higher Educational Institutions) were made. The objectives of the UGC Regulations on Ragging in Higher Educational Institutions are threefold as under: i) To eliminate ragging in all its forms from universities, deemed universities and other higher educational institutions; ii) To prevent its occurrence; and iii) To punish those who indulge in ragging as per these regulations and other appropriate law in force. 211 In terms of the UGC Regulations on Ragging in Higher Educational Institutions, ragging constitutes one or more of the following acts: i) Conduct by any student or students whether by words spoken or written or by an act which has the effect of teasing, treating or handling with rudeness a fresher or any other student; ii) Indulging in rowdy or indisciplined activities by any student or students which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in any fresher or any other student; iii) Asking any student to do any act which such student will not in the ordinary course do and which has the effect of causing or generating a sense of shame, or torment or embarrassment so as to adversely affect the physique or psyche of such fresher or any other student, with or without an intent to derive a sadistic pleasure; iv) Showing off power, authority or superiority by a student over any fresher or any other student; v) Exploiting the services of a fresher or any other student for completing the academic tasks assigned to an individual or a group of students; vi) Any act of financial extortion or forceful expenditure burden put on a fresher or any other student by students; 210 See University Grants Commission Regulations on Ragging in Higher Educational Institutions, 2009, Gazette of India, Pt. III – Section 4, no. F.1-16/2007(CPP-II) dated July 4, 2009. 211 See id. cl. 2. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 40 of 64

vii) Any act of physical abuse including all variants of it: sexual abuse, homosexual assaults, stripping, forcing obscene and lewd acts, gestures, causing bodily harm or any other danger to health or person; viii) Any act or abuse by spoken words, emails, post, public insults which would also include deriving perverted pleasure, vicarious or sadistic thrill from actively or passively participating in the discomfiture to fresher or any other student ; ix) Any act that affects the mental health and self-confidence of a fresher or any other student. It is provided that any of the acts mentioned above amounts to ragging even if it is done with or with or without an intent to derive a sadistic pleasure or showing off power, authority or superiority by a student over any fresher or any other student. 212 These regulations provide for punishment for ragging under penal laws of the country as well as under these regulations by way of administrative actions by the institution. Measures for prohibition of ragging at the institution level The UGC Regulations on Ragging in Higher Educational Institutions put the following duties upon every institution: i) Not to permit or condone any reported incident of ragging in any form; ii) To take all necessary and required measures, including but not limited to the provisions of these regulations, to achieve the objective of eliminating ragging, within the institution or outside; and iii) To take action in accordance with these regulations against those found guilty of ragging and/or abetting ragging, actively or passively, or being part of a conspiracy to promote ragging. 213 Measures for Prevention of Ragging at the Institution Level i) Pre-admission Measures by the Institution: Every institution must, in all its public declarations for admission, expressly provide that ragging is prohibited in the institution and anybody found guilty of ragging in any manner whatsoever is liable to be punished under these regulations as well as under the provisions of any penal law for the time being in force. 212 See id. cl. 3. 213 See id. cl. 5. The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 41 of 64

In addition, the application form for admission must contain the formats of affidavit provided in the annexure to these guidelines to be signed by the applicant as well as the parent or the guardian. Before the commencement of the academic session, the head of the institution must convene and address a meeting of various functionaries/agencies such as hostel wardens, district administration including the police, representatives of students, parents/guardians to discuss the measures to be taken to prevent ragging in the institution and the steps to be taken to identify and punish those who indulge in ragging in any manner whatsoever. The institution must also prominently display posters depicting the evil effects of ragging and punishment thereof at notice boards of all departments, hostels and every other such place where students normally gather. The institution must also run media campaigns, tighten the security measures all around, plan to have induction meetings, engage professional counsellors and provide information about privately managed hostels and lodges to the local authorities and the police. 214 All these measures have to be taken in order to prevent the occurrence of ragging. ii) Post-admission Measures by the Institution: Every fresh student admitted to the institution must be given detailed information about contact persons for various purposes including the Anti-Ragging Helpline referred to in these regulations The institution must also organize joint sensitization programme and joint orientation programme with fresh and senior students. All the fresh students must be given every kind of support in order to instill confidence in them. 215 iii) Creation of Bodies by the Institution: The institute must create bodies known as Anti-Ragging Committee, Anti-Ragging Squad, Mentoring Cell and Monitoring Cell on Ragging with defined roles and responsibilities as per these provisions. All the efforts of these bodies must be geared towards the objectives of these regulations. 216 iv) Additional Measures by the Institution: The institution must strive to take all such additional measures as given in these regulations for effective implementation of the regulations in order to eliminate ragging completely. 217 214 See id. cls. 6.1(a) – 6.1(p). 215 See id. cls. 6.2(a) – 6.2(q). 216 See id. cls. 6.3(a) – 6.3(h). The University Grants Commission Act, 1956: An Overview (Draft. Work-in-progress. Please do not quote.) © Author 2014 Page 42 of 64