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UNIVERSITY GRANTS COMMISSION ACT

Ministry of Law and Justice

Act nº 3 of 1956


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Act nº 3 of 1956

Preamble

THE UNIVERSITY GRANTS COMMISSION ACT 1956

[Act, No. 3 of 1956]

[3rd March, 1956]

PREAMBLE

An Act to make provision for the co-ordination and determination of standards in Universities andforthat purpose, to establish a University Grants Commission.

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows :

Chapter I

Section 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.


Section 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 theUniversity (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 by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognised by the Commission in accordance with the regulations made in this behalf under this Act.

1. Inserted by the University Grants Commission (Amendment) Act, 1972 (33 of 1972), S. 2 (17-6-1972).


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

The Central Government may, on the advice of the Commission, declare, by notificationa 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.

Chapter II

Section 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-


Section 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 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:

Provided that not less than one-half of the number chosen under this clause shall be from among persons who are not officers of the Central Government or of any State Government.

(4) The Vice-Chairman shall exercise such of the powers, and discharge such of the duties of the Chairman as may be prescribed.

(5) Every appointment under this section shall take effect from the date on which it is notified by the Central Government in the Official Gazette.]

1. Substituted for former S. 5 by the University Grants Commission (Amendment) Act, 1972 (33 of 1972), S. 3 (17-6-1972).


Section 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 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 :

Provided further that a person who has held office for two terms, in any capacity, whether as Chairman, Vice-Chairman or other member [excluding a member referred to in clause (a) of sub-section (3) of section 5], shall not be eligible for any 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,

2 [(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 Vice-Chairman holding office as such for the time being shall, notwithstanding anything contained in sub-section (2) of section 5, act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold the office of the Chairman for the remainder of the term of office of the person in whose place he is to so act:

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, notwithstanding anything contained in sub-section (2) of section 5, 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.

(5) The office of the Chairman and the Vice-Chairman shall be whole-time and salaried and subject thereto, the terms and conditions of service of the Chairman, Vice-Chairman and other members shall be such as may be prescribed.]

1. Substituted for former sub-sections (3) and (4) by the University Grants Commission (Amendment) Act, 1972 (33 of 1972), S. 4(17-6-1972).

2. Substituted for sub-sections (3) and (4), ibid (70 of 1985), S. 2 (20-12-85).


Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Chapter III