University Grants Commission Act 1956
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 108 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 as it may deem 1*[necessary or appropriate for the development of such Universities or for the maintenance, or development, or both, of any specified activities of such Universities] or for any other general or specified purpose: that in making any grant to any such University the Commission shall give due consideration to the development of the University concerned, its financial needs, the standard attained by it and the national purposes which it may serve; 2*[(cc) allocate and disburse out of the Fund of the Commission, such grants to institutions deemed to be Universities in pursuance of a declaration made by the Central Government under section 3, as it may deem necessary, for one or more of the following purposes, namely:- (i) for maintenance in special cases, (ii) for development, (iii) for any other general or specified purpose;] 3*[(ccc) establish, in accordance with the regulations made under this Act, institutions for providing common facilities, services an programmes for a group of universities or for the universities in general and maintain such institutions or provide for their maintenance by allocating and disbursing out of the Fund of the Commission such grants as the Commission may deem necessary;] (d) recommend to any University the measures necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendation; (e) advise the Central Government or any State Government on the allocation of any grants to Universities for any general or specified purpose out of the Consolidated ---------------------------------------------------------------------- 1. Subs. by Act 33 of 1972, s. 5, for "necessary for the development of such Universities" (w.e.f. 17-6-1972). 2. Ins. by s. 5, ibid. 3. Ins. by Act 59 of 1984, s. 2 (w.e.f. 1-10-1984). 109 Fund of India or the Consolidated Fund of the State, as the case may be. (f) advise any authority, if such advice is asked for, on the establishment of a new University or on proposals connected with the expansion of the activities of any University; (g) advise the Central Government or any State Government or University on any question which may be referred to the Commission by the Central government or the State Government or the University, as the case may be; (h) collect information on all such matters relating to University education in India and other countries as it thinks fit and make the same available to any University; (i) require a University to furnish it with such information as may be needed relating to the financial position of the University or the studies in the various branches of learning undertaken in that University, together with all the rules and regulations relating to the standards of teaching and examination in that University respecting each of such branches of learning; (j) perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions. 12A. 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", in relation to a course of study, includes promotion from one part or stage of the course of study to another part or stage of the course of study; (d) "qualification" means a degree or any other qualification awarded by a university; (e) "regulations" means regulations made under this Act; (f) "specified course of study" means a course of study in respect of which regulations of the nature mentioned in sub-section (2) have been made; (g) "student" includes a person seeking admission as a student; (h) "university" means a university or institution referred to in sub-section (1) of section 22.
(2) Without prejudice to the generality of the provisions of section 12, if, having regard to- (a) the nature of any course of study for obtaining any qualification from any university; (b) the types of activities in which persons obtaining such qualification are likely to be engaged on the basis of such qualification; (c) the minimum standards which a person possessing such qualification should be able to maintain in his work relating to such activities and the consequent need for ensuring, so far as may be, that no candidate secures admission to such course of study by reason of economic power and thereby prevents a more meritorious candidate from securing admission to such course of study; and (d) all other relevant factors, the commission is satisfied that it is necessary so to do in the public interest, it may, after consultation with the university or universities concerned, 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: that different matters and different scales of fees may be so specified in relation 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 in relation to 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; (b) levy or charge any fees in excess of 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, any student in connection with his admission to, and prosecution of, such course of study.
(4) If, after making, in relation to a college providing for a specified course of study, an inquiry in the manner provided by regulations and after giving such college a reasonable opportunity of being 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 an order prohibiting such college from presenting any students then 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) to 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 order, 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 or similar course of study by that or any other university.
(6) On the termination of the affiliation of any college under sub-section (5), the Commission shall take all such steps as it may consider appropriate for safeguarding 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.] 12B. Prohibition regarding giving of any grant to a University not declared by the Commission fit to receive such grant. 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 (33 of 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.]