Section 02 in UGC (Institutions Deemed to be Universities) Regulations, 2019
02.
(1)No Institution Deemed to be University shall charge any fee for an admission test other than an amount representing the reasonable cost incurred by it in conducting such test.(2)Institution Deemed to be University shall be abided by UGC notification regarding refund of fees and non retention of original certificate as amended time to time.11.03Admission of students to an Institution Deemed to be University, public or private, shall be strictly based on merit in the entrance exam prescribed by the appropriate statutory authority and in the manner specified in the prospectus, in case no entrance exam has been prescribed.11.04Every Institution Deemed to be University shall maintain the records of the entire process of selection of candidates, exhibit such records on its website, and preserve such records for a minimum period of five years.11.05Before the expiry of sixty days prior to the commencement of admission to any of its courses or programmes of study, every Institution Deemed to be University shall publish and upload on its website (in the form of an affidavit) its prospectus containing inter alia, the following:i. each component of the fee, deposits and other charges payable by the students admitted to such institution for pursuing a course or a programme of study, and the other terms and conditions of such payment;ii. the percentage of tuition fee and other charges refundable to a student admitted in such institution in case such student withdraws from such institution before or after completion of course or programme of study and the time within, and the manner in, which such refund shall be made to the student;iii. the number of seats approved in respect of each course or programme of study for the academic year for which admission is proposed to be made;iv. the educational qualifications specified by the relevant statutory authority/body, or by the institution, where no such qualifying standards have been specified by any statutory authority;v. the process of admission and selection of eligible candidates applying for such admission, including all relevant information in regard to the details of test or examination for selecting such candidates for admission to each course or programme of study and the amount of fee to be paid for the admission test;vi. all relevant instructions in regard to maintaining the discipline by students within or outside the campus of the institution, and, in particular, such discipline relating to prohibition of ragging of any student or students and the consequences thereof and for violating the provisions of any regulation in this behalf made under the University Grants Commission Act, 1956 or any other law for the time being in force.11.06No Institution Deemed to be University shall retain from the candidates seeking admission any original certificates of school leaving examinations, or degree or any other award; and shall, after due verification with the original certificates, retain only copies of such certificates self-attested by the candidates for its records.12.0Institution Deemed to be university open to All.- 12.01 Admission and employment in an Institution Deemed to be University shall be open to all citizens of India regardless of religion, race, caste, sex, place of birth or residence.12.02All policies and procedures, in matters of admission and employment as applicable to the university level public and privately funded institutions respectively, shall apply to the appropriate category of institutions Deemed to be universities.13.0Institution Deemed to be University to be Unitary.- Once an institution is declared as Institution Deemed to be University, it shall be unitary in nature, and shall not affiliate any other institution nor shall add any constituent institutions.14.0Reservation Policy.- Institution Deemed to be University shall implement the policy on reservations in admissions and recruitment, in accordance with provisions of the Constitution of India and any Act of Parliament for the time being in force and disclose all such information on its website.15.0Distance Education.- Institution Deemed to be Universities may offer courses in the Open, Distance Learning / On Line mode in accordance with the UGC (Open and Distance Learning) Regulations, 2017, and UGC (Online Courses or Programs) Regulations 2018 as amended from time to time.Provided that Institution Deemed to be University, which are already offering programmes of study, with the approval of the Commission, through the Open and Distance Learning mode, shall be permitted to continue such programmes subject to further approval by the Commission.16.0Power to Conduct Enquiry and Consequences of violation of Regulations.- 16.01 Where the Government or the Commission, as the case may be, receives information by way of a complaint or otherwise, that an Institution Deemed to be University has violated any of the provisions of these Regulations, it shall cause to conduct an enquiry into the facts of such information after issuing a notice to the said effect to the Institution Deemed to be University.16.02The Commission may also cause an inspection, to be made by persons of eminence and integrity; being experts in matters of academics, administration and finance; regarding academic outcomes or any matter connected with the administration or finances of the Institution Deemed to be University for the purpose of the enquiry.16.03Based on the enquiry or through regular inspections mentioned in these Regulations, if the Government or the Commission, as the case may be, is satisfied that these Regulations have been violated, the Institution Deemed to be University shall be subjected to such action as provided in these Regulations, after a reasonable opportunity has been given to the institution to present its case.16.04Where an Institution Deemed to be University is found to have violated the provision(s) of these Regulations, it may be subjected to one or more of the following action(s) :A. Violations leading to issuance of unapproved degrees:i. Punishment under Section 24 of the University Grants Commission, 1956.ii. Barring from any expansion in terms of diversification to new Courses / Programmes of study / Department(s) and Off-Campus(es) / Constituent Institution(s) / Off-Shore Campuses, for a limited period.iii. Reducing the intake capacity in student enrolment in a specific course(s) or in all courses, for a limited period or in perpetuity.iv. Barring from admission of students for a limited period or in perpetuity in a specific course(s) or all courses.v. Closure of the Courses / Programmes of study / Department(s) and Off-Campus(es) / Constituent Institution(s) / Off-Shore Campuses.vi. Withdrawal of the notification of declaration as Institution Deemed to be University.B. Violations leading to non-adherence of the Regulations:i. Where any deficiencies in complying with the provisions of these Regulations come to the notice of the Commission, it shall issue a warning in that regard to the Institution Deemed to be University requiring rectification within a reasonable time; and, failure to take remedial action within the said period shall attract punishments provided under these Regulations. Provided that any punishment awarded to the institution Deemed to be university shall be without detriment to the interests of the students.ii. Vice-Chancellor of the Institution Deemed to be University may be removed as per the procedure laid down in relevant Clause of these Regulations.iii. Repeated violations of the provisions of these regulations shall attract action(s) mentioned in Clause 16.05A, herein above.17.0Consideration of Proposals under Previous Regulations.- All proposals for seeking declaration as an Institution Deemed to be University or seeking approval for establishing off-Campus Centres or off-shore Campus(es) or for the inclusion of other institutions in the ambit of the Institution Deemed to be University, which are either pending or in process before the Commission or have been received by the Government prior to the date of notification of these Regulations, shall be governed by these Regulations.Provided that if an applicant, in respect of a proposal prior to notification of these Regulations, desires so in writing that such application be processed under the UGC (Institutions Deemed to be Universities) Regulations, 2016, the Government or the Commission, as the case may be, shall proceed to do so after obtaining an undertaking in writing from the applicant, to become compliant with these Regulations within two years of its notification, failing which the Deemed university status shall be withdrawn by the Government, and the applicant shall have to apply afresh for such status under these Regulations.18.0Funds, Accounts, Audits and Annual Report.- i. The books of accounts of the Institution Deemed to be University shall be maintained, managed and operated in the name of the Institution Deemed to be University and not in the name of the sponsoring body or any other; and, shall be kept in such form as may be laid down by the Board of Management and conform to the rules, if any, prescribed in this regard by the Commission.ii. Funds shall not be diverted at any time from the accounts of the Institution Deemed to be University to any other accounts, including to the accounts of the Sponsoring body.iii. The Institution Deemed to be University shall get its books of accounts audited, annually and at such other frequency as shall be prescribed by the Commission, separately published and uploaded on the website of the Institution; and if such institution is funded by Central or State Government or through its agencies fully or partially, then the accounts of such Institution Deemed to be University shall be open for examination by the Controller and Auditor General of India; accounts of Institution Deemed to be University shall also, where required, be open for inspection by the Commission.iv. The annual financial statements and accounts shall be audited by a qualified professional, being a Member or Fellow of the Institute of Chartered Accountants of India, to be appointed by the Institution Deemed to be University.Provided that, the Commission may, on receipt of information in regard to financial impropriety or embezzlement or illegal diversion of funds from the accounts of the Institution Deemed to be University; or of fees being collected against the provision of the regulations, issue a notice directing the Institution Deemed to be University to show cause as to why an inspection, including a forensic audit, not be ordered in respect of the complaint, and after providing a reasonable opportunity to the respondent institution, the Commission may on being satisfied that there were sufficient grounds to proceed further, cause an inspection by a team of the Commission and also direct a forensic audit to be undertaken by a qualified Member or Fellow of the Institute of Chartered Accountants of India; the report of and the inspection team and the forensic audit report taken together shall form the basis for the Commission to take further action, as it may be Deemed fit, under these Regulations.v. Annual Reports and the Audit Reports shall be submitted by the Institution Deemed to be University to the Commission within nine months of the closure of the accounting year.19.0Miscellaneous.- i. The Institution Deemed to be University shall mention the name with location of campus/off campus /off-shore campus/ constituent unit/Constituent institution on the degree, diploma, certificate, or any other qualification awarded to students on its rolls.ii. The Institution Deemed to be University shall, as soon as may be, after the completion of the academic programme, and in no case later than 180 days from the date of such completion, ensure that the degree, diploma, certificate, or any other qualification in respect of the programme of studies, is awarded and made available to students.iii. No Institution Deemed to be University shall at any time enter into any franchise agreement or arrangement, either overtly or covertly, with any individual or organization for establishing, maintaining or operating the off-Campus/off-shore campus/constituent unit(s) / constituent institution/ course/ programme of study/ department/ school/ faculty of the Institution Deemed to be University.iv. While every effort shall be made by the Government or the Commission, as the case may be, in respect of disposal of applications received from Sponsoring bodies or Institution Deemed to be University within the prescribed time limit, if any, such applications shall not be Deemed to have been disposed off owing merely to the fact that such time limit has been exceeded; the applicant shall, however, be at liberty to remind the Government or the Commission, as the case may be.v. The income and property of the Institution Deemed to be University shall be utilized solely for promoting the objectives of the Institution Deemed to be University.vi. The Commission shall have the powers to issue directions to an Institution Deemed to be University for implementation of any public policy of the Government or inspect of any law in force, including appropriate directions in case of any violation of any law or licy by the Institution Deemed to be University.vii. All expenditure incurred on the processing of application for granting Deemed to be University status, starting of off-campus/off-shore campus/constituent institution, etc. including all inspections by the Expert Committee shall be borne by the Commission; and any expenditure incurred directly or indirectly by the Sponsoring body or the Institution Deemed to be University, as the case may be, on or in connection with the visit of any inspection team of the Commission shall be Deemed to be a violation of these Regulations and proceeded with accordingly.viii. No portion of the income and property of the Institution Deemed to be University shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit to the persons who were at any time or are members of the Institution Deemed to be University or to any of them or any persons claiming through them, provided that nothing herein contained shall prevent the payment in good faith of remuneration to any member thereof or other person as consideration for any service rendered to the Institution Deemed to be University or for travelling or other allowances and such other charges.ix. The Government, in consultation with the Commission, shall have powers to impose such other condition(s), not inconsistent with these Regulations, in the Letter of Intent or Notification, and the same shall be binding on the Institution Deemed to be University.x. Every Institution Deemed to be University shall, in order to comply with the relevant UGC norms, provide for the following, namely:(a)Anti Ragging Cell(b)Anti discrimination Cell(c)Gender Sensitization Cell(d)Grievance Redressal Cell(e)Internal Complaints Committee for prevention of Sexual Harassment(f)Barrier Free access to persons with disabilities to all its facilitiesxii Where, an Institution Deemed to be University wishes to surrender its status of 'Institution Deemed to be University', it may do so with the prior permission of the Government; and similarly, withdrawal of any Constituent Unit(s) of the Institution Deemed to be University from the purview of an Institution Deemed to be University, shall require the Sponsoring body to take the prior permission of the Government.Provided that such surrender or withdrawal, as the case may be, shall take effect only after the last batch of students on the rolls of the Institution Deemed to be University or its Constituent Unit(s), as the case may be, have been accorded opportunity to qualify for the completion of the programme of study and award of degree.xi. In the event of conflict of opinion with regard to interpretation of these Regulations, the opinion of the Commission shall be final.20.0Legal Proceedings.(1)For the purpose of Section 6 of the Societies Registration Act, 1860, the person in whose name the Institution Deemed to be University may sue or be sued shall be the Registrar, who shall have the power to enter into agreements, sign documents and authenticate records on behalf of the Institution Deemed to be University, and shall exercise such powers and perform such duties, as may be prescribed by these Regulations.(2)No suit or legal proceedings shall lie against the Government, or the Commission, or the Institution Deemed to be University, or an Officer of the Institution Deemed to be University, or a member of the authority of the Institution Deemed to be University, in respect of anything done or purported or intended to be done in pursuance of any of these Regulations.
