Uttar Pradesh Private Universities (Second Amendment) Act, 2021
[U.P. Act 18 of 2021][24th August, 2021]
CONTENTS
2. Amendment of Section 2 of U.P. Act No. 12 of 2019
4. Insertion of a new Section 7(A)
6. Power to remove difficulties
An Act further to amend the Uttar Pradesh Private Universities Act, 2019.
It Is Hereby enacted in the Seventy second Year of the Republic of India as follows:—
Prefatory Note—Statement of Objects and Reasons.—The Uttar Pradesh Private Universities Act, 2019 (U.P. Act no. 12 of 2019) was enacted to provide for the establishment of new Private Universities and incorporation of existing private universities in the State of Uttar Pradesh for imparting higher education in the State of Uttar Pradesh and to regulate their functions and for matters connected therewith or incidental thereto.
2. The New Education Policy, 2020 includes the establishment of at least one higher educational institution in or near each district, increasing the gross enrollment rate and providing institutional autonomy to higher educational institutions. For the purpose of implementing the aforesaid Policy and enhancement of quality higher education in private universities, after completing the efficient operation of the universities established in the private sector for five years, it has been decided to amend the aforesaid Act to grant permission for setting up 0f ‘off-campus centers’ within the limits of Uttar Pradesh.
3. After examining the proposals for the establishment of universities in the private sector, it was found that the land revenue records proposed by some sponsoring body for the establishment of] universities in the private sector are mentioned in the names of the colleges already run by the sponsoring body. Thus, a need was felt to explain that the land in the name of the college or educational institution shall also be deemed to be duly possessed by the sponsoring body.
4. The first Statutes of the universities are made with the approval of the State Government. In case of non-approval by the State Government within three months, the first Statutes are deemed approved by the State Government. With a view to give adequate autonomy to private universities an order to eliminate the delay in the process of said approval, it has been decided to vest in the Executive Council the power to make the first Statutes.
5. In view of the above, it has been decided to amend the relevant sections of the aforesaid Act.
6. The Uttar Pradesh Private Universities (Second Amendment) Bill, 2021 is introduced accordingly.
1. Short title.—This Act may be called the Uttar Pradesh Private Universities (Second Amendment) Act, 2021.
2. Amendment of ## Section 2 of U.P. Act No. 12 of 2019.—In the Uttar Pradesh Private Universities Act, 2019, hereinafter referred to as the principal Act, in Section 2,—
(a) after clause (c), the following clauses shall be inserted, namely:—
“(ca) ‘College’ means a college ‘affiliated’ or ‘associated’ to a University established under a State Act;
(cb) ‘Council’ means the Uttar Pradesh State Council of Higher Education established under the Uttar Pradesh State Council Of Higher Education Act, 1995 (U.P. Act no. 22 of 1995);”
(b) after clause (t), the following clause shall be inserted, namely:—
“(ta) ‘Off-campus centre’ means a centre of the private University established by it outside the main campus within the State operated and maintained as its constituent unit, having the University's compliment of facilities, faculty and staff.”
3. Amendment of ## Section 3.—In the principal Act, in clause (b) of Section 3, before the first proviso the following explanation shall be inserted, namely:—
“Explanation.—The land in the name of a college or educational institution established by the sponsoring body shall also be deemed to be duly possessed by a sponsoring body for the purpose of establishing a University under this Act.”
4. Insertion of a new ## Section 7(A).—In the principal Act, after Section 7, the following section shall be inserted, namely:—
“7(A) A private University shall be a unitary University having adequate facilities for teaching, research, examination and extension services. However, after the development of its main campus and after five years of its coming into the existence in exceptional circumstances, the University may be permitted to open off-campus centers, subject to the following conditions:—
(a) the off-campus centre(s) shall be set up with the prior approval of the Government of Uttar Pradesh and the UGC. The Sponsoring Body shall duly conform to the norms of the land and other infrastructural and academic facilities as determined by the Central/State Government or Central/State Regulatory Bodies for a higher education institute or off-campus centre in the State;
(b) the over-all performance of the off-campus centre(s) shall be monitored annually by the UGC and the Higher Education Council under the provisions of this Act. The directions of the UGC and the Government of Uttar Pradesh for management, academic development and improvement shall be binding;
(c) the said centre(s)/institute(s) shall be the constituent unit(s) of the private University. However the private University shall not have the right to grant them affiliation;
(b) (d) if the functioning of the said centre(s) remains unsatisfactory, the private University shall be instructed by the UGC or State Government to close down the said centre(s), which shall be binding upon the University. In such a situation, the interest of the students already enrolled therein shall be protected under the provisions of this Act.”
5. Amendment of ## Section 34.—In the principal Act, for sub-sections (1) and (2) of Section 34, the following sub-sections shall be substituted, namely:—
“(1) The first Statutes of the Universities established or incorporated under this Act shall be made and approved by the Executive Council.
(2) The first Statutes as above shall be submitted to the State Government for information within six months of establishment of a University.”
6. Power to remove difficulties.—(1) The State Government may for the purposes of removing any difficulty in relation to the provisions made by this Act, by order published in the Gazette, direct that the provisions of the principal Act shall during such period, as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem necessary or expedient:
Provided that no such order shall be made after two years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid before both Houses of State Legislature as soon as may be after it is made.