Section 32 in Andhra Pradesh Private Universities (Establishment and Regulation) Act, 2016
32. Regulation and Accreditation of University.
(1)A Regulatory Authority shall be established by the Government for the purpose of providing an outcome-oriented & light-touch regulatory mechanism at the state level for enabling development of high-quality institutions, providing a facilitative environment for universities to operative and thrive, safeguard the interests of students, among others to be notified by the Government from time to time. The regulatory body will work as an interface between the Government, universities, central regulators, and other entities as needed. The Regulatory Authority shall also have the responsibility for setting up the framework under which independent accreditors will be authorized to carry out the task of accrediting universities, and to act as the overall supervision agency for such accreditors. The Regulatory Authority shall not accredit universities and other institutions directly;(2)Once formed, the Regulator Authority shall create the framework of accreditation, which would cover all universities and colleges in the State, within 90 days after constitution. Accreditors shall be independent and could be a private or public entity. The first set of a minimum of two accreditors shall be identified and authorized for operation within 180 days of setting of the Regulatory Authority;(3)The Regulatory Authority shall function under the general control of the Chief Minister of Andhra Pradesh.(4)The Regulatory Authority shall consist of a Chairperson and such other members, not exceeding three, as the Government may decide from time to time.(5)The Chairperson shall be an eminent educationist or a higher education administrator who has a thorough knowledge of the working of the institutions of higher education. The members shall be persons of repute in the field of education, finance, law, administration or management.(6)The Chairperson and members shall be appointed by the Chief Minister from a list of three names each selected by a Search Committee of three members which shall be constituted by the Chief Minister. The members nominated shall, to the extent possible, be from the Eminent Persons panel.(7)The Regulatory Authority shall have a full time Chief Executive Officer who has significant experience with and in higher education, who shall be a professional appointed by the Government and shall be an officer not below the rank of a Secretary to Government. The Regulatory Authority shall also have a full time Director for Accreditation Framework, who shall be a professional appointed by the Government and shall be an officer not below the rank of an Additional Secretary to the Government.(8)The Chairperson, Chief Executive Officer, Director and the members shall not be connected in any way with any of the private universities established under this Act.(9)The Chairperson and members of the Regulatory Authority shall hold office for a term of three years from the date on which the individual enters office, or until he attains the age of seventy years, whichever is earlier, and he shall be eligible to be considered for a second term of aforesaid years subject to the upper age limit of seventy years:Provided that notwithstanding the expiry of the said period the Chairperson shall continue in office until his successor is appointed, but such period shall not exceed six months:Provided further that after the expiry of the term, the Chairperson and the members of the Regulatory Authority shall be prohibited from accepting any pecuniary benefits in any form or in any name whatsoever and any assignment or employment in any of the private universities established under this Act.(10)The other terms and conditions of services of Chairperson and the members, mode of authentication of orders and decisions of the Regulatory Authority and instrument issued by the Regulatory Authority, procedure of meeting of the Regulatory Authority, recruitment and service conditions of the staff of the Regulatory Authority, temporary association of persons with the Regulatory Authority for particular purpose, fund of the Regulatory Authority as budget, annual report, accounts, audit and such other matter, as may be required for proper functioning of the Regulatory Authority, shall be as prescribed.(11)It shall be the general duty of the Regulatory Authority -(a)to take all such steps as it considers necessary for enabling maintenance of standards of teaching, examination and research in the private universities;(b)to provide the necessary guidance and supervision to the accrediting bodies ;(c)notwithstanding anything contained in any other law for the time being in force to ensure that private universities collect such fees and other charges which cover the cost of education imparted by them and also give a reasonable surplus or returns on investment capital to enable them to maintain assets and carry out further expansion or increase endowment & other funds for future growth and expansion of the University.(d)to ensure that a nurturing and facilitative ethos is created in the Universities that enables excellence in learning-teaching and research, while ensuring that there is no exploitation of any student from excessive collection of fee.(e)to take action pertaining to and pursuant upon liquidation of a private university including arrangement for completion of courses, conduct of examinations, award of degrees etc. by assigning the jobs to some other State University in such a manner that the interest of the students are not adversely affected and the expenditure made for these arrangements for the students along with the process of liquidation of the private university shall be made good from the money deposited in the endowment fund and/or general fund.(12)When there is evidence that may necessitate inspection of the University, the Regulatory Authority shall have powers to do so at any time after giving sufficient prior notice of such inspection.(13)The findings of the Regulatory Authority shall be communicated to the University formally, with a request to rectify deficiencies or problems noted within an acceptable timeframe. At all times, the University shall have both the right to appeal to the Authority against conclusions on deficiencies or problems, as well as the responsibility to set them right expeditiously. A well-structured mechanism for appeals and their resolution shall be framed by the Authority, keeping in mind that an unnecessarily litigious environment should not be created, while working hard to enable the overall goal of the Government, viz, providing a high-quality higher education framework for the State.(14)If the Regulatory Authority is not satisfied with the reply given and the remedial action by the University, it shall report to the Government for appropriate action.(15)The Government may issue directions on matters of policy to the Regulatory Authority which shall be binding.
