UGC ACT, 1956

ESTABLISHMENT OF THE COMMISSION

SECTION 4

(1) 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.

SECTION 5

(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 (iii) 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 are so
chosen, teachers of Universities; and

(c) the remainder shall be chosen from among persons-

(i) Who have knowledge of, or experience in, agriculture, commerce, forestry or industry; (ii) who are
members of the engineering, legal, medical or any other learned profession; or (iii) who are Vice-
Chancellors of Universities or who, not being teachers of Universities, are in the opinion of the Central
Government, educationists of repute or have obtained high academic distinctions:

SECTION 6

(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-Chairman, 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 eligible for further
appointment as Chairman, Vice-Chairman or other member, and
(ii) a person who has held office as any other member shall be eligible for further appointment
as Chairman, Vice-Chairman or other member

(2) A member may resign his office by writing under his hand addressed to the Central Government;
but he shall continue in office until his resignation is accepted by the Central Government.

(3) If a casual vacancy occurs in the office of the Chairman, whether by reason of his death,
resignation or inability to discharge his functions owing to illness or other incapacity, the
ViceChairman holding office as such for the time being shall act as the Chairman.

Provided that where no Vice-Chairman is holding office at the time, when the vacancy in the office
of the Chairman occurs, the Central Government shall, appoint any other member to act as the
Chairman and the person so appointed shall not hold the office of the Chairman for a period
exceeding six months

(4) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, whether by
reason of his death, resignation or inability to discharge his functions owing to illness or other
incapacity, such vacancy shall be filled up by the Central Government by making a fresh
appointment and the member so appointed shall hold office for a term of three years.

SECTION 7

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.

SECTION 8

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.

SECTION 9

(1) The Commission may associate with itself, in such manner and for such purposes 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.

SECTION 10

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.

SECTION 11

All orders and decisions of the Commission shall be authenticated by the signature of the Chairman
or any other member authorised 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 authorised in like manner in this behalf

MISCELLANEOUS
SECTION 20

(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.

SECTION 21

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.

SECTION 22

(1) The right of conferring or granting degrees 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.

SECTION 24

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 authorises
or permits the contravention shall be punishable with fine which may extend to one thousand
rupees.

POWERS AND FUNCTIONS OF THE COMMISSION

SECTION 12

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 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
(cc) allocate and disburse out of the Fund of the Commission, such grants to institution 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

“(ccc) establish, in accordance with the regulations made under this Act, institutions for providing
common facilities, services and programmes for a group of universities

(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 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,

(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.

SECTION 12A

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,

(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 of 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 the Commission is satisfied that such college has contravened the provisions of subsection (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

SECTION 12B

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

SECTION 13

(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

(2) The Commission shall communicate to the University the date on which any inspection under
sub-section (1) is to be made

SECTION 14

If any University 1[grants affiliation in respect of any course of study to any college referred to in
subsection (5) of section 12A in contravention of the provisions 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 provision 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 clause (f) or clause (g) of
section 26,] the Commission, after taking into consideration the cause, if any, shown by the
University 3 [for Such failure or contraventions may withhold from the University the grants
proposed to be made out of the Fund of the Commission

SECTION 15

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

SECTION 16.

(1) The Commission shall have its own Fund; and all sums 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) 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.

SECTION 17.

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.

SECTION 18.

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.

SECTION 19

(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

(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 the Government shall cause the same to be laid before
both Houses of Parliament