Page 128 - Compendium of UGC Regulations 1957-2023
P. 128

Regulations on Establishment, Maintenance and Recognition of Institutions:



                       8.10  The Commission, in its final recommendations to the Central Government, shall apprise
                             the Government regarding submission of necessary documents related to transfer of
                             moveable and immovable assets in the name of the proposed institution deemed to be
                             university and other conditions, if any.

                       8.11  Each State/UT Government shall formulate a transparent policy for giving its views
                             under article 8.05 and shall send their considered comments, in the proforma prescribed
                             by the Commission, within 60 days, to the Commission and the Central Government,
                             with a copy to the institution concerned. In case no such comments are received by the
                             Commission within 60 days of the issue of the letter, it shall be presumed that the State/
                             UT Government have no comments to offer on the application.
                             8.11.1     The  State/UT  Government  recommending  the  proposal  would  have  to
                                        indicate its willingness to safeguard the interest of the students admitted to
                                        the proposed deemed to be university in the event it ceases to exist as such,
                                        for any reason whatsoever.
                       8.12  Having been satisfied that the institution fulfills all the requirements as laid down in
                             these Regulations the Central Government may, normally within 60 days of receipt of
                             the report of the Commission, issue a notification under Section 3 of the Act, declaring
                             such institution as an institution deemed to be university. This declaration would initially
                             be made for a period of five years. Confirmation of the declaration of the ‘deemed to
                             be university’ would be based on a review of the institution deemed to be university’s
                             compliance and the institution’s satisfactory performance with the provisions of these
                             Regulations.
                       8.13  If on the advice of the Commission, the Central Government comes to the conclusion
                             that the institution does not qualify to be declared as a institution deemed to be university,
                             it may inform the institution accordingly stating reasons there for.

                             8.13.1       In case the Government  disagrees with the recommendation  of the
                                        Commission, the Government shall provide reasons  in writing and its
                                        decision shall be final.

                       8.14  The decision not to declare an institution as an institution deemed to be university
                             shall be considered for review not before one year from the date of the earlier decision
                             only on a specific request for review made by the institution concerned to the Central
                             Government. Institutions may request the Central Government for such a review only
                             after having rectified the deficiencies based on  which  the Central Government had
                             rejected its  earlier application/proposal.
                       8.15  The  Central  Government  may  refer the matter to the Commission for the latter’s
                             advice.
                       8.16  The Commission shall then initiate the process of review, in the manner prescribed in
                             this Regulation as per articles 8.05 through 8.07 above, for scrutiny and evaluation of
                             the revised application by constituting a new Expert Committee. This Committee shall
                             be at least of the same size as the previous one that had recommended rejection earlier,
                             with no expert member from the previous Committee as its member.
                       8.17  The decision taken on such a ‘review’ shall not be reconsidered or reviewed further.  It
                             is however permissible for the applicant institution to re-apply seeking declaration as
                             an institution deemed to be university after a gap of not less than two years from the
                             date on which the decision of the Government on the ‘review’ was communicated to
                             the institution concerned.

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