Section 5 in The University Grants Commission (Recognition and Monitoring of Assessment & Accreditation Agencies) Regulations, 2018
5. Registration of Assessment and Accreditation Agencies.
- 5.1. No AAA shall, except under and in accordance with the conditions of a certificate of registration obtained from the Commission and in accordance with rules and regulations made by it, undertake assessment and accreditation of any HEI(s) or any programme(s) conducted therein:5.2(1) Every application for registration as an AAA by a Government or Semi-Government entity shall be made to the Commission in such form and manner as specified in sub-clause (2) below and accompanied by such other documents and on payment of such fees as may be further specified by the Commission through a public notification.Provided further, that agencies set up by or under any law for the time being in force such as NAAC, NBA shall stand recognized for the purposes of these Regulations.(2)Every application under sub-clause(1) shall be submitted by a Government or Semi- Government agency in a form specified by the Commission through a public notification and shall be accompanied by the following, namely:-(a)duly certified copy of memorandum of association/articles of association or the instrument of trust if the applicant is a registered Society/Company or a Trust respectively, in which the main function shall be to conduct assessment and accreditation of academic institutions;(b)details of members of the authorities of the Society/Company/Trust;(c)details of infrastructure and employees of the applicant;(d)details of demonstrable capabilities and experience in higher education consulting and quality enhancement and experience in authentication or assessment in higher education undertaken/ expertise available with it;(e)a detailed mechanism for detecting any potential conflict of interest between the applicant or its employees or experts and an HEI;(f)a credible mechanism for transparency in respect of the financial status and financial dealings of the applicant;(g)a reliable public information disclosure policy for assessment and accreditation of any Higher Educational Institution or any programme(s) conducted therein;(h)complete processes and procedures to be followed by the applicant in the assessment and accreditation of any Higher Educational Institution or any programme conducted therein;(i)option by the AAA to get empanelled as an accrediting agency to carry out Institutional level and / or programme level accreditation.(j)such other documents as may be specified by a public notification by the Commission.5.3No application for grant of a certificate of registration shall be considered by the Commission unless the applicant satisfies the following conditions, namely:-⇒ the applicant shall be-(i)A Government or Semi-Government agency and(ii)Registered as a Company u/s 8 of the Companies Act, 2013 or a society formed and registered under the Societies Registration Act, 1860 or a Trust formed under the Indian Trusts Act 1882 or any other law for the time being in force.5.4(1) The Commission shall issue a public notice calling for applications, within the time period as specified therein, from eligible Government or Semi-Government agencies for registration as AAAs(2)All the eligible applications received within the stipulated period shall be sent by the Commission to the AAC for assessment and advice.(3)The AAC shall, within thirty days after receicpt of applications, shall conduct a detailed evaluation of the suitability and competency of each of the applicants and send advice to the Commission.5.5(1) The Commission shall, within a period of thirty days from the receipt of recommendation by AAC shall, ?(a)issue a certificate of registration as an AAA, on such terms and conditions as may be specified in such certificate, subject to the provisions of these Regulations; or(b)reject the application for reasons to be recorded in writing;Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of being heard.(2)The Commission shall, while issuing a certificate of registration, also approve the procedures and conditions for assessment and accreditation specified by the AAA as such or with modifications as it may deem fit.(3)The procedures and conditions approved under sub-clause (2) shall be considered as an integral part of the certificate of registration which shall not be modified or altered without the approval of the Commission.(4)The Commission may, if it so deems fit, in the certificate of registration granted to an AAA, limit the area to a regional level and/or to specific discipline of the programmes for which such assessment and accreditation agency may exercise its duties and responsibilities of assessment and accreditation.(5)A certificate of registration shall be valid for a period of two years unless such certificate is revoked earlier. Subsequent recognition renewal will be every three years.5.6(1) A certificate of registration granted may, on an application made by the AAA, be renewed by the Commission, after obtaining advice of AAC regarding the performance of such AAA, and on payment of such fees as may be specified by Commission.(2)No application for renewal of the certificate of registration made under sub-clause(1) shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matter.5.7No AAA shall, without the prior approval of the Commission, effect any change in its ownership, or governing body or board of trustees, or the memorandum of association or articles of association or the instrument of trust.5.8The Commission may, in the public interest or for ensuring advancement of academic quality, on an application of the AAA or otherwise, make such alterations and amendments in the terms and conditions of the certificate of registration as it thinks fit, in accordance with such procedure as may be specified by it through a public notification.5.9(1) If the Commission, on a complaint or otherwise, and after making such enquiry as it deems fit, is satisfied that public interest so requires, it may revoke the certificate of registration in any of the following cases, namely:-(a)where the AAA, in the opinion of the Commission, makes willful or continuous default in any act of commission or omission as required by these regulations;(b)where the AAA commits breach of any of the terms or conditions of the certificate of registration which is expressly declared by such certificate of registration to render it liable for revocation;(c)where the AAA fails, within the period fixed in this behalf by its certificate of registration, or any longer period which the Commission may have granted thereof, to show, to the satisfaction of the Commission, that it is in a position to discharge the duties and obligations fully and efficiently imposed on it by its certificate of registration;(d)where in the opinion of the Commission the financial position of the AAA is such that it is unable fully and efficiently to discharge the duties and obligations imposed on it by its certificate of registration;(e)the AAA has ceased to exist.(2)No certificate of registration shall be revoked under sub-clause(1) unless the Commission has given to the AAA not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the certificate of registration, and has considered any cause shown by the AAA within the period of that notice, against the proposed revocation.(3)Where in its opinion the public interest so requires or for ensuring the advancement of academic quality, the Commission may, on conclusion of the enquiry under sub-clause(1), suspend the certificate of registration granted to the AAA till such time as a decision on the revocation of such certificate of registration or otherwise is taken by the Commission.(4)Where the Commission revokes a certificate of registration under this clause, it shall serve an order of revocation upon the AAA and fix a date on which the revocation shall take effect; and such revocation shall be without prejudice to the action which may be taken against it in under any other law for the time being in force.(5)The Commission may, instead of revoking a certificate of registration under subsection (1), permit it to remain in force subject to such further terms and conditions as it thinks fit to impose, and any further terms or conditions so imposed shall be binding upon and be observed by the AAA and shall be of like force and effect as if they were contained in the certificate of registration.(6)The Commission shall publish on its website any action initiated under this clause and the final decision on the revocation of the certificate of registration or otherwise together with all documents and reasons for such decision.(7)Where the certification of any AAA has been revoked under sub-clause(4) on grounds referred to in sub-clause (1), the Commission shall, within a period of sixty days from the date of such revocation, conduct an audit of all the Higher Educational Institution accredited by such agency within a period of one year before the date of such revocation.(8)The Commission shall, while suspending or revoking a certificate of registration, take, or cause to be taken, such measures which may be necessary to protect the interests of students.
