REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 72 C] NEW DELHI, FRIDAY, AUGUST 31, 1964 BHADRA 9, 1906 Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 31st August, 1984|Bhadra 9, 1906 (Saka) The following Act of Parliament received the assent of the President on the 30th August, 1984, and is hereby published for general information:— THE UNIVERSITY GRANTS COMMISSION (AMENDMENT) ACT, 1984 No. 59 OF 1984 [30th August, 1984.]
An Act further to amend the University Grants Commission Act, 1956.
BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the University Grams Commission (Amendment) Act, 1984.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Short title and commencement.
2. In section 12 of the University Grants Commission Act, 1956 (hereinafter referred to as the principal Act), after clause (cc), the following clause shall be inserted, namely: — Amendment of section 12, 3 of 1956.
"(ccc) establish, in accordance with the regulations made under this Act, institutions for providing common facilities, services and programmes for a group of universities or for the universities in 10 « THE GAZETTE 01' INDIA EXTRAORDINARY [PART II— general and maintain such institutions or provide for their maintenance by allocating and disbursing out of the Fund of the Commission such grams as me Commission may deem necessary;".
3. In the principal Act, section 12A shall be renumbered as section 12B, and before section 12B us so renumbered, the following section ĥall be inserted, namely:—• insertion of new section 12 A.
'12A. (1) In this section,—
(a) "affiliation", together with its grammatical variations, includes, in relation to a college, lecognition of such college by, association of such college with, and admission of such college to the privileges of, a university;
(£>) "college'' mean-, any initihilion, whether known as such or by any other name which provides for a course of study for obtaining any qualification from a university and which, in accordance with the rules-and regulations of SLV'P nr.n ersity, is recognised as competent to provide for such course ot udy and present students undergoing such course ot study for the e:-; linatlon for the award of j,uch qualification:
JRcguldlion of fees pnd prohibition ot donalions in certain cases.
(c) "prosecution", in lelation lo a course of study, includes promotion from one part or 'tuje of the course of study to another part or stage of the couise of study;
(d) "qualification" means a degree or any other qualification aw aided by a university;
(c) "regulations'' inr.ms regulations made under this Act;
(/) "specified com be vi study" means a course of study in respect oi which regulations of the nature mentioned in sub-section [2) haw been made;
(g) "student" includes a pel son seeking admission as a student;
(h) "university" means a university or institution relerred to in sub-section (1) of section 2?.
(£) Without prejudice to the generality of the provisions of section if, having regard to—
(a) the nature of any course of study for obtaining any qualification fjom any university;
(b) the types of activities in which persons obtaining such qualification arc likely to be engaged on the basis of such qualification;
(c) the minimum stand mis which a person possessing such Qualification should be able to maintain in bis work relating to such activities ; nj the consequent need for ensuring, so far as may be, that no candidate secures admission to such course of study by reason of ecouomic power and thereby prevents a more meritorious candidate from securing admission to such course of s-tudy; and id) all other relevant factors.
ihc Commission is satisfied that it is necessary so to do in the public interest, it may, after consultation with the university or universities con- ** . 1] 1"HE GAZffi CTE OF INDIA EXTRAORDINARY 3 cerned, specify by regulations the matters in respect of which fees may be charged, and the scale of fees in accordance with which fees shall be charged in respect of those matters on and from such date as may be specified in the regulations in this behalf, by any college providing for such course of study from, or in relation to, any student in connection with his admission to, and prosecution of, such course of study:
Provided that different matters and different scales of fees may be so specified in 1 elation to different universities or different classes of colleges or different areas.
(3) Where regulations of the nature referred to in sub-section (2) have been made iu relation 10 any course of study, no college providing for such course of study shall—
(a) levy or charge fees in respect of any matter other than a matter specified in such regulations;
(h) levy or charge any f̂ es in excels ol the scale of fees specified in such regulations, or
(c) accept, either directly or indirectly, any payment (otherwise than by way of fees) or any donation or gift (whether in cash or kind), from, or in relation to, ,uiy student in connection with his admission Co, and prosecution of, such course of study.
(4) If, after making, in relation to a college providing for a specified coiuse of study, an inquiiy in th? manner provided by regulations, and after giving such c<illegs a lea'onable opportunity of b ing heard, the Commission is satisfied that such college has contravened the provisions of sub-section (3), the Commission may, with the previous approval of the Central Government, pass cm order prohibiting such college from presenting any students them undergoing such course of study therein to any university for the award of the qualification concerned.
(5) The Commission shall forward a copy of the order made by it under sub-section (4) ta the university concerned, and on and from the date of receipt by the university of a copy of such order, the affiliation of such college to such university shall, in so far as it relates to the course of study specified in such carder, stand terminated and on and from the date of termination of such affiliation and for a period of three years thereafter affiliation shall not be granted to such college in relation to such <jr similar course of study by that or any other university.
(6) On the termination of the affiliation of any college under subsection (5), the Commission shall take all such steps as it may consider appropriate for safcguaiding the interests of the students concerned.
(7) The provisions of this section and the regulations made for the purposes of this section shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.'.
4. In section 14 of the principal Act, alter the words ir any university , the words, brackets, figures and letter "grants affiliation in respect of any course Of stud\ to any college referred to in sub-section (5) of section 12A in contravention of the provisions of that sub-section or" shall be inserted.
Amendment of section 14.
A THE GAZETTE OF INDIA EXTRAORDINARY L^ART It—
5. In section 25 of the principal Act, for sub-section (3), the following sub-section ihaU be substituted, namely:— Amendment of section 25, "(3) The power to make rules conferred by this section shall include the power t0 give retrospective effect from a date not earlier than the date of commencement of this Ad, to Lhc? rules or any of them but no retrospective efl<j-t shall to givea to any rule so as to prejudicially affect the inteiests of any peison to whom such rule may be applicable.".
6. In section 26 of the principal Act,-—
(a) in sub-section (1),— Amendment of section 26.
(i) in the opening paragraph, for the words "may make regulations'', the words "may, by notification in the Official Gazette, make regulations" shall be substituted;
(») after clause (g), the following clauses shall be inserted, namely:— "(/<) regulating the establishment of institutions referred to in clause (ccc) of section 12 and other matters relating to, such institutions;
(/) specifying the matters in respect of which fees may be charged, and scales of fees in accordance with which fees may be charged, by a college under sub-section (2) of section 12A;
(/) specifying the manner in which an inquiry nuy be conducted under sub-section (4) of section 12A.'n;
(b) in sub-section (2), after the word, brackets and letter "clause
(d)", the words, brackets and letters, "or clause (h) or clause (/) or clause (})" shall be inserted;
(c) after sub-section (2), the following sub-section shall be inserted, namely:— "(3) The power to make regulations conferred by this section [except clause (i) and clause (/) of sub-section (1)] shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the regulations or any of them but no retrospective efTcct shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.".
7. In section 27 of the principal Act, in sub-section (1), for the words "by regulations made", the words "by icgulations made, by notification in the Official Gazette," shall be substituted.'
Amendment of section 27.
8. After section 27 of the principal Act, the following section shall be inserted, namely: — 1nsertion of new seo tlon 28.
"28. Every rule and every regulation made under this Act shall be laid, .as soon as may he af.er it is made, before each House of Parliament while it is in session, for a toial period of thirty days which may bo romprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the suco^ive sessions afore-said, both Hous^i ajwee in making any modification Laying of rules and regulations before Parliament.
Gfcc. II THE GAZETTE OF INDIA 1XTRA0RDTNABY 5 in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may.
be; so, however, that any such modification or annulment shall be without 1 "ejudice to the validity of anything previously done under that rule or regulation.".
9. No rule made, or purporting to have been made, with retrospective effect, under section 25 of the principal Act before the commencement of this Act shall be deemed to have been invalid or ever to have been nvalid merely on the ground that such rule was made with retrospective effect and accordingly every such rule and every action taken or thing done thereunder shall be as valid and effective as if the provisions of section 25 of the principal Act, as amended b.\ this Act, were in force at all material times when such ruV was made or action or thing was taken or done.
Validation.
R. V. S. PERI SASTRI, SecT.f. to the Govt, of India.
P i m T E D BY THE GENERAL MANAQEB, GOVERNMENT OF IND^A PHESH, MINTO BOAD, t-TEW DELHI AMD PUBLISHED BY THE CONTROLLER OP PUBLICATIONS, DELHI, 1 9 8 4