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Uttar Pradesh Private Universities Act, 2019

(U.P. Act 12 of 2019)

Last Updated 25th February, 2022 [up312]

(a) "Academic Council" means the Academic Council of the University;

(b) "AIGTE" means All India Council for Technical Education established under Section 3 of the All India Council for Technical Education Act, 1987;

(c) "Board" means the Board of Faculties, Board of Studies and the Planning Board, er any other Board of the University;

[(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 22 of 1995);]

(d) "CSIR" means the Council of Scientific and Industrial Research, New Delhi, a funding agency of Central Government;

(e) "Department" means a Department of Studies and includes a Centre of Studies and Research;

(f) "Director" means the Head of an "Institute", "Centre" or "School", or the person appointed for the purpose to act as such in his absence;

(g) "DST" means the Department of Science and Technology of the Central Government;

(h) "Employee" shall include teaching and non-teaching staff of the University;

(i) "Executive Council" means the Executive Council of the University;

(j) "Faculty" means a Faculty of the University;

(k) "Governing Body " means a committee constituted by the sponsoring body;

(l) "Hostel" means "Scholars/Students" Hostel of the University;

(m) "ICAR" means the Indian Council of Agricultural Research;

(n) "Institute/School" means an Institute or School established by the University in accordance with this Act and the Statutes;

(o) "MCI" means Medical Council of India constituted under the Medical Council Act, 1956;

(p) "Minority Private University" means a Private University established by a religious or linguistic minority of the State of Uttar Pradesh;

(q) "NAAC" means the National Assessment and Accreditation Council;

(r) "NCC" means National Cadet Corps;

(s) "NCTE" means the National Council for Teacher Education under the National Council for Teacher Education Act, 1993;

(t) "NSS" means National Service Scheme;

[(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.]

(u) "PCT" means Pharmacy Council of India constituted under Section 4 of the Pharmacy Act, 1948:

(v) "Chancellor or President", "Pro-Chancellor or Vice-President", "Vice-Chancellor" and "Pro Vice-Chancellor" means respectively the "Chancellor" or "President", the "Pro-Chancellor or Vice-President" the "Vice-Chancellor" the "Pro Vice-Chancellor" of the University;

(w) "Prescribed" means prescribed by Statutes;

(x) "Records and Publications" means the Records and Publications of the University;

(y) "Regulatory Body" means the statutory bodies established by the Central Government from time to time such as University Grants Commission and includes the All India Council for Technical Education, the Bar Council of India, the Distance Education Council, the Dental Council of India, the Indian Nursing Council, the Medical Council of India, the National Council for Teacher Education, Central Council for Indian Medicine, the Pharmacy Council of India;

(z) "Schedule" means schedule appended to this Act;

(aa) "Sponsoring body" in relation to a University established under this Act means -

(i) a Society registered under the Societies Registration Act, 1860 (Act 21 of 1860);

(ii) any public trust registered under the Indian Trusts Act, 1882 (Act 2 of 1882); or

(iii) a company registered under the Companies Act, 2013 (Act 8 of 2013);

(ab) "Statutes", "Ordinances" and "Regulations" means respectively, the Statutes, the Ordinances and the Regulations of the University for the time being in force;

(ac) "Student" means a student enrolled with the University;

(ad) "Teacher of the University" means Professors, Associate Professors, Assistant Professors, and such other persons as may be appointed for imparting education instructions, or conducting research in the University and are designated as Teachers by the Ordinances;

(ae) "Treasurer", "Registrar", "Finance Officer", "Controller of Examinations", "Librarian" or, "Proctor" means respectively the Treasurer, the Registrar, the Finance Officer, the Controller of Examinations, the Librarian or the Proctor of the University;

(af) "UGC" means University Grants Commission established under Section 4 of the University Grant Commission Act, 1956;

(ag) "University" means a Private University established or incorporated under this Act.

(a) create a Permanent Endowment fund with minimum of Rs 5 (five) crore;

(b) duly possess contiguous land of minimum twenty acres in urban areas or fifty acres in rural areas earmarked for the University:

(c) construct on land referred to in clause (b) buildings of at least twenty four thousand square metres carpet area, out of which minimum fifty per cent shall be utilised for academic and administrative purposes;

(d) install equipments, computers, furniture, assets, infrastructural facilities other than building mentioned in clause (b) and other consumables and non-consumables of minimum Rs 2 (two) crore in offices and laboratories in the building referred to in clause (b); and an undertaking of procuring the computers, furniture, assets, infrastructural facilities [other than building mentioned in (b) above] and other consumables and non consumables of minimum Rs 6 (Six) crore in the next 5 years;

(e) appoint Professors, Associate Professors and Assistant Professors as prescribed by the Regulatory bodies and supporting staff members in every department or discipline. At least seventy five per cent of the regular teachers in each department/ discipline shall be regular employees of the University; if) purchase of books, periodicals and online resources worth Rs ten lakh every year in the library;

(g) arrange co-curricular Activities, extracurricular Activities, debates, competitions, quiz programs, sports, NSS and NCC for the students as per the standards of Regulatory bodies;

(h) conform to standards, conditions and Regulations set by UGC, A1CTE, NCTE, BCI and other Regulatory bodies established by the State Government or Central Government;

(i) establish a provident fund for the employees and teachers of the University and to introduce other welfare schemes;

(j) make the Statutes, Ordinances and Regulations for the administration and functioning of the University;

(k) any arrangements made by the University shall not be inconsistent to the provisions of this Act and regulations of the Regulatory bodies;

(l) to ensure transparent functioning of the University and shall put the clearances obtained from the Regulatory Bodies in the public domain;

(m) furnish information to the State Government as per format and periodicity required by the State Government;

(n) comply with the norms set up by the State Government for common academic calendar, anti copying measures, admissions, examinations, degrees and certificates etc.;

(o) the transparent procedure and standard of admissions and fee structure in the University shall be decided and placed in the public domain before the start of the admission process. The last date of admission shall be as per the common academic calendar;

(p) follow the Common academic calendar as may be prescribed; and

(q) to undertake to fulfill such other conditions consistent with this Act as may be laid down by the State Government before the establishment of the University;

(r) to undertake neither to be involved nor to permit anyone to cause or promote anti-national activities inside the campus of the University or under the name of the University. In case of any such activity found in the University, it shall be considered as a major violation of the conditions of setting up the University and the Government may take action according to the provisions under this Act or any law for the time|being in force.

(a) the details of the sponsoring body along with copies of its registration certificate and bye-laws duly certified by its competent authority;

(b) the information regarding financial resources of the sponsoring body along with audited accounts for the past three years; I

(c) the name and location of the proposed University;

(d) the objectives of the University;

(e) the availability of land and details of buildings and infrastructure facilities, if the same already exists, and details of land, building and other infrastructure proposed to be owned or created;

(f) the nature and the type of programmes of study and research proposed to be undertaken by the University and their relevance to the development goals and employment needs of the State and phasing of such programmes over the first five years with course-wise enrolment targets;

(g) details of proposed academic facilities including teaching and non-teaching staff;

(h) facilities, courses of study and research proposed to be started;

(i) the experience and expertise in the concerned disciplines available with the sponsoring body;

(j) the details of plans for campus development such as construction of buildings, development of structural amenities and infrastructure facilities and procurement of equipment, etc., to be undertaken before the University starts functioning and phased programmes for the first five years;

(k) the phased outlays of capital expenditure proposed for the next five years;

(l) the sources of funds along with the scheme for mobilising resources, the cost of capital thereto and the manner of repayment to such sources;

(m) the system proposed to be followed for selecting students for admission to the courses of study at the University in the first year of operation;

(n) the system proposed to be followed for appointment of teachers and other employees in the University;

(o) whether the University proposes to undertake some programmes related to local needs. If so, the nature of specialised teaching, training or research Activities to be undertaken by the University so as to fulfil this objective;

(p) whether the University proposes to start some programmes for the benefit of farmers, women and local industries, if so, details thereof may be given;

(q) details of play grounds and other facilities available or proposed to be created for games and sports and extra curricular activities like National Cadet Corps, National Service Scheme, Rover and Rangers, etc.;

(r) the arrangements proposed to be made for academic excellence, if any;

(s) such other details as the sponsoring body may like to give;

(t) such other details as may be decided by the State Government from time to time.

(a) one Vice-Chancellor of any of the State Universities established under the Uttar Pradesh State Universities Act, 1973;

(b) one Professor of a State University nominated by the State Government;

(c) one officer to the Government of Uttar Pradesh not below the rank of Joint Secretary;

(d) one Officer of Finance and Account Services of Uttar Pradesh not below the rank of Joint Director;

(e) one officer nominated by the District Magistrate of the District concerned not below the rank of Sub-divisional Magistrate;

(f) one Registrar of a University established under the Uttar Pradesh State Universities Act, 1973 to be nominated by the State Government.

(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.]

(a) innovations in education, leading to restructuring of courses, new methods of teaching, training and learning including online learning, blended learning, continuing education and such other modes and integrated and wholesome development of personality;

(b) studies in various disciplines;

(c) interdisciplinary studies;

(d) national integration, patriotism, secularism, social equity and inculcation of international understanding and ethics.

(a) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge and skills;

(b) to provide for instruction in such branches of learning as the University may think fit and to make provisions for research and for the advancement and dissemination of knowledge;

(c) to honour educational stalwarts and persons of academic eminence with designation of professor Emeritus;

(d) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing of persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

(e) to confer honorary degrees or other distinctions with prior approval of the State Government;

(f) to institute as per norms of Regulatory Authorities and State Government Directorships, Professorships, Associate Professorships, Assistant Professorships, and other teaching or academic posts required by the University and to make appointments for the same;

(g) to create administrative, ministerial and other posts and to make appointments thereto;

(h) to appoint/engage persons of eminence, working in any other University or organisation permanently or for a specified period;

(i) to co-operate, collaborate or associate with any other University or Authority or Institution in India and abroad in such manner and for such purpose as the University may determine;

(j) to establish and maintain schools, centres, specialised laboratories in other units for research and instructions as are in the opinion of the University, necessary for the furtherance of its objects;

(k) to institute and award fellowships, scholarships, studentships, medals and prizes;

(l) to establish, maintain and supervise residences, hostels and promote the health and general welfare Activities for students and staff;

(m) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary;

(n) to establish a faculty, a department, a centre, or school, as the case may be, in accordance with the Act and Statutes;

(o) to determine standards in accordance with the State Government and other Regulatory Bodies for admissions into the University, which may include examination, evaluation or any other method of testing to ensure quality;

(p) to demand and receive payment of fees and other charges;

(q) to make special arrangements in respect of women and other disadvantaged students as the University may consider desirable;

(r) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regards as may be deemed necessary by the University;

(s) to make arrangements for promoting the health and general welfare of the employees of the University;

(t) to receive donations and to acquire, hold and manage any property, movable or immovable for the welfare of the University;

(u) to ensure that no immovable property shall be disposed of or rights or title therein parted with or any liability created thereon, by any of the officers or authorities of the University, except after prior approval of the State Government;

(v) to appoint either on contract or otherwise, visiting professors emeritus professors, consultants, fellows, scholars, artists, course directors and such other persons who may contribute to the advancement of the objects of the University;

(w) to organise and to undertake extramural studies and extension service; and

(x) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

(1) the Chancellor or the President;

(2) the Pro-Chancellor or Vice-President;

(3) the Vice-Chancellor;

(4) the Pro Vice-Chancellor;

(5) the Registrar;

(6) the Dean of Faculty;

(7) the Dean of Students Welfare;

(8) the Director;

(9) the Controller of Examinations;

(10) the Chief Proctor;

(11) the Finance Officer; and

(12) such other Officers as may be declared by the Statutes to be the officers of the University.

(a) to call for any information or record of the University;

(b) to appoint the Vice-Chancellor under sub-section (1) of Section 17 of this Act;

(c) to remove the Vice-Chancellor in accordance with the provisions of this Act and Statutes made there under;

(d) such other powers as may be prescribed.

(1) the Governing Body;

(2) the Executive Council;

(3) the Academic Council;

(4) the Finance Committee;

(5) the Planning Board;

(6) the Board of Faculties;

(7) the Board of Studies;

(8) the Admissions Committee;

(9) the Examinations Committee; and

(10) such other authorities as may be declared by the Statutes to be the authorities of the University.

(a) to review from time to time, the broad policies and programmes of the University and suggest measures for the working, improvement and development of the University;

(b) to consider and pass resolutions on the Annual Report and Annual accounts of the University and Audit Report of such accounts and furnish their views to the Executive Council;

(c) to advise the President in respect of any matter which may be referred to it for advice;

(d) to perform such other functions as may be prescribed.

(i) to hold and control the property and funds of the University;

(ii) to acquire any movable or immovable property on behalf of the University;

(ii) to make, amend or repeal Statutes and Ordinances;

(iv) to administer any funds placed at the disposal of the University for specific purposes;

(v) to approve the budget of the University;

(vi) to institute scholarships, fellowships, bursaries, medals and other rewards in accordance with the Statutes and Ordinances;

(vii) to appoint Registrar, officers, teachers and employees of the University and define the duties and conditions of their service;

(viii) to fix the honorarium, emoluments, traveling and other allowances of the examiners;

(ix) to direct the form and use of the common seal of the University;

(x) to regulate and enforce discipline among members of the teaching, administrative and other staff of the University in accordance with the Statutes and Ordinances;

(xi) to manage and regulate the finances, accounts, investments, property and all other administrative affairs of the University;

(xii) to invest any money belonging to the University including endowed property;

(xiii) to provide the buildings, premises, furniture, equipments, apparatus and other means needed for carrying on the work of the University;

(xiv) to enter into, vary, carry out, and cancel contract on behalf of the University;

(xv) to regulate and determine all other matters concerning the University in accordance with this Act, the Statutes, the Ordinances and the Regulations.

(i) three members to be nominated by the Governing Body;

(ii) two eminent educationists nominated by the President;

(iii) one officer of the State Government not below the rank of Joint Secretary to the Government of Uttar Pradesh;

(iv) one Professor and one Associate Professor of the University in order of seniority on rotation basis for a period of one year;

(v) one educationist not below the rank of Associate Professor from a panel of three names to be approved by the State Government, for which the University shall submit a list of three names of eminent educationists;

(vi) the Registrar who shall be ex officio Member Secretary;

(vii) the Finance Officer shall have the right to speak in and otherwise to take part in the proceedings of the Executive Council but shall not be entitled to vote;

(1) is of unsound mind and stands so declared by a competent court;

(2) is an undischarged insolvent;

(3) has been convicted of any offence involving moral turpitude;

(4) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere;

(5) has any profit motive from University except salary or any either authorised emoluments;

(6) applies University fund for his personal use,

(a) the Constitution, powers and functions of the authorities of the University, as may be constituted from time to time;

(b) the appointment and continuance in office of the members of the said authorities, filling of vacancies of members of the said authorities, filling of vacancies of members and all other matters relating to those authorities for which it may be necessary to provide;

(c) the appointment, powers and functions of the officers of the University and their emoluments;

(d) the appointment of teachers of the University and other academic and administrative staff and their emoluments;

(e) the appointment of teachers and other academic and administrative staff working in the University or Institution for specific period for undertaking a joint project;

(f) the conditions of service of employees including provisions for retirement benefits, insurance and provident fund, the manner of termination of their service and the disciplinary matters;

(g) the principles governing seniority of service of employees;

(h) the procedure for settlement of disputes between employees or students and the University;

(i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or other authority of the University;

(j) the conferment of honorary degrees;

(k) the withdrawal of degree, diploma, certificate and other academic distinctions;

(l) the institution of fellowships, scholarships, studentships, medals and prizes;

(m) the maintenance of discipline among the students;

(n) the establishment and abolition of Departments, Centers and other institutions, etc., within the campus of the University;

(o) the delegation of powers vested in the authorities or officers of the University; and

(p) all other matters, as per this Act or as may be prescribed.

(a)the admission of students to the University and their enrolment as such;

(b)the courses of study to be laid down for all degrees, diplomas and certificates of the University;

(c) the medium of instruction and examinations;

(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the measures to be taken relating to the granting and obtaining of the same;

(e) the fees to be charged for courses of study in the University and for admissions to the examinations, degrees, diplomas and certificates of the University;

(f) the conditions for the award of fellowships, scholarships, studentships, medals and prizes;

(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;

(h) the conditions of residence of the students of the University;

(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them within the University;

(j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;

(k) the establishment of Centre of Studies, Board of Studies, Interdisciplinary Studies, Special Centers, Specialised Laboratories and other Committees;

(l) the manner of co-operation and collaboration with other Universities and authorities including professional bodies or associations;

(m) the creation, composition and functions of any other body which is considered necessary for improving the academic stature of the University;

(n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators; and

(o) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes.

(a) all fees which may be charged by the University;

(b) all sums received from any other sources;

(c) all contributions made by the Society; and

(d) all contributions made in this behalf by any other person or bodies which are not prohibited by any law for the time being in force.

(a) development fees, which may be charged from students;

(b) all sums received from other sources for the purpose of the development of the University;

(c) all contributions made by the Sponsoring Body;

(d) all contributions made in this behalf by any other person or bodies which are not prohibited by any law for the time being in force; and

(e) all incomes received from the permanent endowment fund.

(a) summoning and enforcing the attendance of any witness and examining him on oath;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record or copy thereof from any office;

(d) receiving evidence on affidavit; and

(e) any other matter which may be prescribed.

(ii) After having been awarded the degrees, diploma, or awards, as the case may be, to the last batches of the students of the regular courses, the interim committee shall make a report to the effect to the State Government;

(iii) On receipt of the report under sub-section (7)(ii). the State Government shall, by a notification in the Official Gazette, issue an order dissolving the University and from the date of publication of such notification, the University shall stand dissolved and all the remaining assets and liabilities of the University shall vest in the sponsoring body from such date.

(a) the manner of making proposal to establish a University and the application fees payable under sub-section (1) of Section 4;

(b) other particulars to be contained in the Project Report under sub-section (2) of Section 4;

(c) other matters which are required to be, or may be, prescribed by rules under this Act.

Schedule 1

(See Section 8)

Schedule 2

(See Section 7)