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UNIVERSITY GRANTS COMMISSION ACT 1956

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S.1 Short title and commencement

       (1) This Act may be called The University Grants Commission Act, 1956.
       (2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
       _______________________
       1. 5-11-1956 is the date appointed.


S.2 Definitions

       In this Act, unless the context otherwise, requires,-
       (a) "Commission" means the University Grants Commission established under section 4;
       (b) "executive authority", in relation to a University, means the chief executive authority of the University (by whatever name called) in which the general administration of the University is vested;
       (c) "Fund" means the Fund of the University Grants Commission constituted under section 16;
       (d) "member" means a member of the University Grants Commission and includes a Chairman1[and Vice-Chairman];
       (e) "prescribed" means prescribed by rules made under this Act;
       (f) "University" means a University established or incorporated

S.3 Application of Act to institutions for higher studies other than Universities

The Central Government may, on the advice of the Commission, declare, by notification a in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2.


S.4 Establishment Of The Commission

       (1) With effect from such date as the Central Government may, by notification1in the Official Gazette, appoint, there shall be established a Commission by the name of the University Grants Commission.
       (2) The said Commission shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued.
       ________________________
       1. University Grants Commission was established w.e.f. 5-11-1956-


S.5 Composition of the Commission

       1[5. Composition of the Commission.-
       (1) The Commission shall consist of-
       (i) a Chairman,
       (ii) a Vice-Chairman, and
       (iii) ten other members, to be appointed by the Central Government.
       (2) The Chairman shall be chosen from among persons who are not officers of the Central Government or of any State Government.
       (3) Of the other members referred to in clause (ii) of sub-section (1)-
       (a) two shall be chosen from among the officers of the Central Government, to represent that Government;
       (b) not less than four shall be chosen from among persons who are, at the time when they ar

S.6 Terms and conditions of service of members

       1 [(1) A person appointed as Chairman, Vice-Chairman or other member after the commencement of the University Grants Commission (Amendment) Act, 1985 shall, unless he sooner becomes disqualified for continuing as such under the rules that may be made under this Act,-
       (a) in the case of Chairman, hold office for a term of five years or until he attains the age of sixty-five years, whichever is earlier;
       (b) in the case of Vice-Chancellor, hold office for a term of three years or until he attains the age of sixty-five years, whichever is earlier;
       (c) in the case of any other member, hold office for a term of three years:
       Provided that-
       (i) a person who has held office as Chairman or Vice-Chairman shall be el

S.7 Meetings of the Commission

The Commission shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.


S.8 Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Commission

No act or proceedings of the Commission shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Commission.


S.9 Temporary association of persons with the Commission for particular purposes

       (1) The Commission may associate with itself, in such manner and for such purposses as may be determined by regulations made under this Act, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.
       (2) A person associated with it by the Commission under sub-section (1) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Commission, and shall not be a member of any other purpose.


S.10 Staff of the Commission

Subject to such rules as may be made by the Central Government in this behalf, the Commission may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act and the terms and conditions of service of the employees shall be such as may be determined by the Commission.


S.11 Authentication of orders and other instruments of the Commission

All orders and decisions of the Commission shall be authenticated by the signature of the Chairman or any other member authorized by the Commission in this behalf and all other instruments issued by the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission authorized in like manner in this behalf.


S.12 Functions of the Commission

       It shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may-
       (a) inquire into the financial needs of Universities;
       (b) allocate and disburse, out of the Fund of the Commission, grants to Universities established or incorporated by or under a Central Act for the maintenance and development of such Universities or for any other general or specified purpose;
       (c) allocate and disburse, out of the Fund of the Commission, such grants to other Universities a

S.12(a) Regulation of fees and prohibition of donations in certain cases

       1[12A. Regulation of fees and prohibition of donations in certain cases.-
       (1) In this section,-
       (a) "affiliation", together with its grammatical variations, includes in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of, a University;
       (b) "college" means any institution, 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 such University, is recognised as competent to provide for such course of study and present students undergoing such course of study for the examination for the award of such qualification;
       (c) "prosecution",

S.12(b) Prohibition regarding giving of any grant to a University not declared by the Commission fit to receive such grant

       1 [2 [12B], Prohibition regarding giving of any grant to a University not declared by the Commission fit to receive such grant.-
       No grant shall be given by the Central Government, the Commission, or any other organisation receiving any funds from the Central Government, to a University which is established after the commencement of the University Grants Commission (Amendment) Act, 1972, unless the Commission has, after satisfying itself as to such matters as may be prescribed, declared such University to be fit for receiving such grant.]
       ________________________
       1. Inserted by the University Grants Commission (Amendment) Act, 1972 (33 of 1972), S. 6 (17-6-1972).
       2. Section 12-A renumbered as S. 12-B by the University Grants Commission (Amendment) Ac

S.13 Inspection

       (1) For the purpose of ascertaining the financial needs of a University or its standards of teaching, examination and research, the Commission may, after consultation with the University, cause an inspection of any department or departments thereof to be made in such manner as may be prescribed and by such person or persons as it may direct.
       (2) The Commission shall communicate to the University the date on which any inspection under sub-section (1) is to be made and the University shall be entitled to be associated with the inspection in such manner as may be prescribed.
       (3) The Commission shall communicate to the University its views in regard to the results of any such inspection and may, after ascertaining the opinion of the University, recommend to the University the action to be taken as a result of such inspection.
  

S.14 Consequences of failure of Universities to comply with recommendations of the Commission

       If any University1[grants affiliation in respect of any course of study to any college referred to in sub-section (5) of section 12A in contravention of the provision of that sub-section or] fails within a reasonable time to comply with any recommendation made by the Commission under section 12 or section 13,2[or contravenes the provisions of any rule made under clause (f) or clause (g) of sub-section (2) of section 25, or of any regulation made under clause (e) or (f) or clause (g) of section 26,] the Commission, after taking into consideration the cause, if any, shown by the University3[or such failure or contravention,] may withhold from the University the grants proposed to be made out of the Fund of the Commission.
       _________________________
       1. Inserted, by the University Grants Commission (Amendment) Act, 1972 (33 of 1972), Section

S.15 Payment of the Commission

The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Commission in each financial year such sums as may be considered necessary for the performance of the functions of the Commission under this Act.


S.16 Fund of the Commission

       (1) The Commission shall have its own Fund and all sum which may, from time to time, be paid to it by the Central Government and all the receipts of the Commission (including any sum which any State Government or any other authority or person may hand over to the Commission) shall be carried to the Fund and all payments by the Commission shall be made therefrom.
       (2) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Central Government be decided by the Commission.
       (3) The Commission may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Commission.


S.17 Budget

The Commission shall prepare, in such form and at such time each year as may be prescribed a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.


S.18 Annual report

The Commission shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year; and copies thereof shall be forwarded to the Central Government and the Government shall cause the same to be laid before both Houses of Parliament.


S.19 Account and audit

       (1) The Commission shall cause to be maintained such books of account and other books in relation to its account in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed.
       (2) The Commission shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form, and forward the same to the Comptroller and Auditor-General by such date, as the Central Government may in consultation with the Comptroller and Auditor-General, determine.
       (3) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such times and in such manner as he thinks fit.
       (4) The annual accounts of the Commission together with the audit report thereon shall be forwarded to the Central Government and

S.20 Directions by the Central Government

       (1) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government.
       (2) If any dispute arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final.


S.21 Returns and information

The Commission shall furnish to the Central Government such returns or other information, with respect to its property or activities as the Central Government may, from time to time, require.


S.22 Right to confer degrees

       (1) The right of conferring or granting degree shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees.
       (2) Save as provided in sub-section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree.
       (3) For the purposes of this section, "degree" means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette.


S.23 Prohibition of the use of the word "University" in certain cases

       No institution, whether a corporate body or not, other than a University established or incorporated by or under a Central Act, a Provincial Act or a State Act shall be entitled to have the word "University" associated with its name in any manner whatsoever:
       Provided that nothing in this section shall, for a period of two years from the commencement of this Act, apply to an institution which immediately before such commencement, had the word "University" associated with its name.


S.24 Penalties

Whoever contravenes the provisions of section 22 or section 23 shall be punishable with fine which may extend to one thousand rupees, and if the person contravening is an association or other body of individuals, every member of such association or other body who knowingly or wilfully authorizes or permits the contravention shall be punishable with fine which may extend to one thousand rupees.


S.25 Power to make rules

       (1) The Central Government may, by notification in the Official Gazette, make rulesa to carry out the purposes of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely :-
       (a) the procedure for the retirementa of members under section 6;
       (b) the disqualifications for continuing as a member of the Commission;
       (c) the terms and conditions of service of members of the Commission;a
       (d) the terms and conditions of service of employees appointed by the Commission;b
       (e) the additional functions which may be performed by the Commission under clause (j) of section

S.26 Power to make regulations

       (1) The Commission1[may, by notification in the Official Gazette, make regulations] consistent with this Act and the rules made thereunder,-
       (a) regulating the meetings of the Commission and the procedure for conducting business thereat;
       (b) regulating the manner in which and the purposes for which persons may be associated with the Commission under section 9;
       (c) specifying the terms and conditions of service of the employees appointed by the Commission;
       (d) specifying the institutions or class of institutions which may be recognised by the Commission under clause (f) of section 2;
       (e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of th

S.27 Power to delegate

       1 [27. Power to delegate.-
       (1) The Commission may, 2 [by regulations made, by notification in the Official Gazette,] under this Act, delegate to its Chairman, Vice-Chairman or any of its officers, its power of general superintendence and direction over the business transacted by, or in, the Commission, including the powers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the Commission.
       (2) No regulation shall be made under this section except with the previous approval of the Central Government.]
       _______________________
       1. Inserted by the University Grants Commission (Amendment) Act, 1972 (33 of 1972), S. 8(17-6-1972).
       2. Substituted

S.28 Laying of rules and regulations before Parliament

       1[28. Laying of rules and regulations before Parliament.-
       Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification 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 prejudice to the validity of anything previously done under that rule or regulation.]
     &nbs

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