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Union of India - Section

Section 4 in University Grants Commission (Open and Distance Learning) Regulations, 2017

4. Withdrawal of recognition.

(1)Where the Commission is, on its own motion or on any representation received from any person, or any information received from any authority or a statutory body, or on the basis of any enquiry or inspection conducted by it, satisfied that a Higher Educational Institution has contravened any of the provisions of these regulations or guidelines and orders made or issued thereunder, or has submitted or produced any information and documentary evidence which is found to be false at any stage or any condition subject to which recognition under clause (i) of sub-regulation (4) of regulation 3 has been granted, it may withdraw recognition of such Higher Educational Institution in respect of such programme(s) as it may specify, for reasons to be recorded in writing:Provided that no such order against the Higher Educational Institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such Higher Educational Institution:Provided further that the order withdrawing or refusing recognition passed by the Commission shall come into force with immediate effect.
(2)If a Higher Educational Institution offers any programme in Open and Distance Learning mode after the coming into force of the order withdrawing recognition under sub-regulation (1) or where a Higher Educational Institution offering a programme in Open and Distance Learning before the commencement of these regulations, fails to obtain recognition under these regulations for offering programmes in Open and Distance Learning mode for academic session immediately after the notification of Regulations and subsequent academic sessions, the degree obtained pursuant to such programme or after undertaking a programme in Open and Distance Learning mode in such Higher Educational Institutions, shall not be treated as a valid qualification.
(3)In the event of any Higher Educational Institution found offering programmes or courses in Open and Distance Learning mode without the approval of the Commission or in violation to any of the provisions of these regulations and guidelines or orders made thereunder, the Commission may -
(i)issue Show Cause Notice or withdraw the recognition for an academic session or withdraw the recognition, maximum up to next five academic sessions or withdraw the recognition permanently;
(ii)if, in spite of above, the Higher Educational Institution is found continuing the violations, a First Information Report may be lodged against the officials or management of the errant Higher Educational Institution to take action as per law.
(iii)withhold or debar from receiving University Grants Commission grants;
(iv)refer the matter to the State Government concerned or Central Government as the case may be; and
(v)take action as per the provisions of the Act or Rules or Regulations as applicable to the Higher Educational Institution.