The Andhra Pradesh Private Universities (Establishment and Regulation) Act, 2016

1.

1. (1) This Act may be called the Andhra Pradesh Private Universities (Establishment and Regulation) Act, 2016.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,-

1. (1) "AICTE" means the All India Council for Technical Education established under section 3 of the All India Council for Technical Education Act, 1987;
2. (2) "AIU" means the Association of Indian Universities registered under the Societies Registration Act, 1860;
3. (3) "BCI" means the Bar Council of India;
4. (4) "Central Government" means the Government of India;
5. (5) "Constituent College or Institution" means and includes a college or institution of the Sponsoring body;
6. (6) "CSIR" means the Council of Scientific and Industrial Research, New Delhi, a society registered under the Societies Registration Act 1860;
7. (7) "DBT" means the Department of Biotechnology of the Central Government;
8. (8) "DST" means the Department of Science and Technology of the Central Government;
9. (9) "Eminent Persons Panel" means a panel of nine persons of impeccable integrity having outstanding knowledge and expertise in academics, scientific research, public administration, finance, law or management etc. notified by the Government from time to time;
10. (10) "Expert Committee" means a Committee of eminent persons notified by the Government to promote, facilitate and assist in establishment of new Private Universities in Andhra Pradesh constituted under section 8;
11. (11) "Fee" means collection of amounts made by the University from students for different purposes under different heads and which is non-refundable;
12. (12) "Government" means the Government of Andhra Pradesh;
13. (13) "Green Field" means starting of a university fresh for the first time from scratch without any consideration to any existing educational institutions or anything related to such institutions;
14. (14) "Higher Education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level;
15. (15) "ICAR" means the Indian Council of Agricultural Research, registered under the Societies Registration Act, 1860;
16. (16) "MCI" means the Medical Council of India constituted under the Medical Council Act, 1956;
17. (17) "NAAC" means the National Assessment and Accreditation Council, an autonomous institution of the UGC;
18. (18) "NCTE" means the National Council for Teacher Education established under the National Council for Teacher Education Act, 1993;
19. (19) "Notification" means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;
20. (20) "PCI" means Pharmacy Council of India constituted under section 4 of the Pharmacy Act, 1948;
21. (21) "Prescribed" means prescribed by rules made under this Act;
22. (22) "Private University" means a University established under section 3 of this Act and hereafter also referred to as University;
23. (23) "Regulatory Authority" means an Authority established under section 32;
24. (24) "Regulatory Body" means and includes a body such as UGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR, DBT, DST, CSIR, BCI established by the Central Government or Government for maintenance of standard of higher education;
25. (25) "Regulations" means regulations made by any authority of the University under section 31;
26. (26) "Rules" means rules made under section 45;
27. (27) "Schedule" means the Schedule appended to this Act;
28. (28) "Specified" means specified by Ordinances, Statutes and Regulations under this Act;
29. (29) "Sponsoring body" in relation to a University established under this Act means,-

6. Any Sponsoring body desirous of establishing a Private University shall make an application to the Government, containing, among other things, an outline of the purpose and vision of the proposed Private University, the proposal, and the Project Report in such manner, with such particulars and along with such fee as may be prescribed.

11. If the Government is satisfied that the Sponsoring body has complied with the conditions of Letter of Intent and on the specific recommendations of the Expert Committee, it shall endeavor within a maximum period of seven months for inclusion of the name of the University in Schedule with details of its locations by way of amendment of Schedule.

12. Subject to the provision of sub-section

1. (4) of section 3, the University may, as and when it deems fit and proper, establish and manage and additional campuses, centers for research, education, training, extension and outreach within the State of Andhra Pradesh.

13.

1. (1) No person shall be excluded from any office of the University or from membership of any of its authorities or from admission to any degree, diploma or other academic distinction or course of study on the ground of sex, race, creed, class, caste, place of birth, religious belief or political or other opinion.
2. (2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, caste, class, place of birth, religious belief or political or other opinion in order to entitle him to be admitted as a student or to hold any office or post in the University or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privileges of the University or any benefaction thereof.

14. The following shall be the officers of the University, namely:-

1. (a) The Chancellor;
2. (b) The Vice Chancellor;
3. (c) The Registrar;
4. (d) The Chief Finance and Accounts Officer; and
5. (e) such other officers as may be declared by the Statutes to be the officers of the University.

15.

1. (1) The Chancellor shall be appointed by the Sponsoring body from a panel of three names selected by a Search Committee, by following such procedure and on such terms and conditions as may be prescribed. Explanation: For the purposes of this Chapter, "Search Committee" shall mean a Search Committee constituted by the Sponsoring body and consisting of a minimum of three members nominated from the Board of Management.
2. (2) The Chancellor shall be the head of the University.
3. (3) The Chancellor shall preside at the meetings of the Governing Body and at the convocation of the University for conferring degrees, diplomas or other academic distinctions and in his absence by any other member of the Governing Body nominated by it.
4. (4) The Chancellor shall have the following powers, namely,-
   • (a) to call for any information or record;
   • (b) to remove the Vice Chancellor in accordance with the provisions of sub-section
5. (6) of section 16;
   • (c) such other powers as may be prescribed by the Statutes.
6. (5) The term of the office of the Chancellor shall be as may be specified in the Statute.

16.

1. (1) The Vice Chancellor shall be appointed by the Chancellor from out of a panel of three persons recommended by the Search Committee, and, subject to the provisions of sub-section
2. (6) hold office for a term of three years or up to the age of 70 years whichever is earlier; Provided that after expiry of the term of three years, a person shall be eligible for re-appointment for another term of three years subject to the upper age limit of 70 years: Provided further that a Vice Chancellor shall continue to hold office even after expiry of his term till a new Vice Chancellor takes charge of the office, but in any case this period shall not exceed one year: Provided also that the Chancellor may appoint the first Vice Chancellor for a period of one year or until a regular Vice Chancellor is appointed under this section whichever is earlier.
3. (2) The Vice Chancellor shall be the principal executive and academic officer of the University and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of the University.
4. (3) Where, in the opinion of the Vice Chancellor, it is necessary to take immediate action on any matter for which powers are conferred on any other officer or authority by or under this Act, he may take such action as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer or authority as would have in the ordinary course dealt with the matter: Provided that if in the opinion of the concerned officer or authority such action should not have been taken by the Vice Chancellor then such case shall be referred to the Chancellor, whose decision thereon shall be final: Provided further that where any such action taken by the Vice Chancellor affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Governing Body and it may confirm or modify or reverse the action taken by the Vice Chancellor.
5. (4) Where, in the opinion of the Vice Chancellor, decision of any officer or authority of the University is not within the powers conferred by this Act or is likely to be prejudicial to the interest of the University, he shall request the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.
6. (5) The Vice Chancellor shall exercise such powers and perform such functions as may be specified by the Statutes or the Ordinances.
7. (6) If, at any time upon representation made or otherwise and after making such inquiry as may be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancellor is not in the interests of the university, the Chancellor may, by an order in writing stating the reasons therein, ask the Vice-Chancellor to relinquish his office from such date as may be specified in the order:

Registrar 17.

1. (1) The appointment of the Registrar shall be made by the Chancellor in such manner as may be specified by the Statutes.
2. (2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University.
3. (3) The Registrar shall be the Member-Secretary of the Governing Body, the Board of Management and the Academic Council but he shall not have a right to vote.
4. (4) The Registrar shall exercise such powers and perform such duties as may be specified in the Statutes or the Ordinances.

18.

1. (1) The appointment of the Chief Finance and Accounts Officer shall be made by the Chancellor in such manner as may be specified by the Statutes.
2. (2) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be specified in the Statutes or the Ordinances.

19.

1. (1) The University may appoint such other officers as may be necessary for its functioning.
2. (2) The manner of appointment of other officers of the University and their powers and functions shall be such as may be specified in the Statutes or the Ordinances.

20. The following shall be the authorities of the University, namely:-

1. (a) The Governing Body;
2. (b) The Board of Management;
3. (c) The Academic Council; and
4. (d) such other authorities as may be declared by the Statutes to be the authorities of the University.

21.

1. (1) The Governing Body of the University shall consist of at least six members, including the Chancellor, the Vice Chancellor, and the remaining members to be nominated by the sponsoring body who shall be eminent people of standing; in the fields as may be specified: Provided that it shall be the duty of sponsoring body, to maintain the gender parity, in nominating women members not less than one half of the total members in the composition of the Governing body. (2)
   • (a) Save as otherwise provided in this section, the term of nominated members of the Board shall be a minimum of three and a maximum of five years from the date of nomination: Provided that each nominated member is eligible to hold the position for additional term not more than 10 years.
   • (b) An ex-officio member shall continue so long as he holds the office by virtue of which he is such a member;
   • (c) As nearly as one third of the nominated members, except the ex-officio member shall retire by rotation each year. In the first two instances, the Board may decide the procedure to identify the members who will retire;
   • (d) A member may resign his office by informing in writing to the Chairperson, but he shall continue in office until his resignation has been accepted.
2. (3) The Governing Body shall be the overarching supervisory and statutory authority of the University. All the movable and immovable property of the University shall vest in the Governing Body.
3. (4) The Governing Body shall have the following powers, namely,-
   • (a) to provide general superintendence and directions and to control functioning of the University by using all such powers as are provided by this Act;
   • (b) to review the decisions of other authorities of the University in case they are not in conformity with the provisions of this Act;
   • (c) to approve the budget and annual report of the University;
   • (d) to lay down the extensive policies to be followed by the University;
   • (e) to recommend to the Sponsoring body about the voluntary liquidation of the University; and
   • (f) such other powers as may be prescribed by the Statutes.
   • (g) to vest to the Board of Management or any other entity or official of the University such of its powers as it deems appropriate, along with the appropriate governance mechanism;
4. (5) The Governing Body shall meet at least four times in a financial year with one meeting in each quarter.
5. (6) A minimum of one-half of the members shall form a quorum for a meeting of the Governing Body.

22.

1. (1) The Board of Management shall consist of a minimum of 8 and a maximum of 12 members, including the following persons,-
   • (a) the Vice Chancellor;
   • (b) up to one-fourth members of the Board of Management to be nominated by the Sponsoring body;
   • (c) eminent persons from the fields of Management, Finance, Science & Technology or Public Administration, who are not the members of the Governing Body, to be nominated by the Sponsoring body;
   • (d) persons from amongst the Heads of Departments of the University, to be nominated by the Sponsoring body; provided that it shall be the duty of the sponsoring body, to maintain the gender parity in nominating women members in any case not less than one fourth and not more than one half of total members in the composition of the Board.
2. (2) The Vice Chancellor shall be the Chairperson of the Board of Management: Provided that in the absence of the Vice Chancellor, the Chancellor may, at his discretion, nominate any other member of the Governing Body to be the Chairperson of the Board of Management.
3. (3) The Powers and functions of the Board of Management shall be such as may be specified by the Statutes.
4. (4) The Board of Management shall meet at least once in every two months.
5. (5) A minimum of one-half of the members shall form a quorum for a meeting of the Board of Management.

23.

1. (1) The Academic Council shall consist of the Vice Chancellor, the Registrar and such other members as may be specified by the Statutes.
2. (2) The Vice Chancellor shall be the Chairperson of the Academic Council.
3. (3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes, the Ordinances and the rules made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.
4. (4) The quorum for meetings of the Academic Council shall be such as may be specified by the Statutes.

24.

1. (1) A person shall be disqualified from being a member of any of the authorities or bodies of the University, if,-
   • (a) he is of unsound mind and stands so declared by a competent court;
   • (b) he is an undischarged insolvent;
   • (c) he has been convicted of any offence involving moral turpitude;
   • (d) he is conducting or engaging himself in private coaching with or without pecuniary gain; or
   • (e) he has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

25.

Constitution of committees 26. The authorities of the University may constitute such committees with such terms of reference as may be necessary for specific tasks to be performed by such committees. The constitution of such committees, powers to be exercised and duties to be performed shall be such as may be specified by the Statutes.

27.

1. (1) Subject to the provisions of this Act, and the rules made thereunder, the First Statutes may provide for all or any of the following matters, namely:-
   • (a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time;
   • (b) the terms and conditions of appointment of the Vice Chancellor, his powers and functions;
   • (c) the manner and terms and conditions of appointment of the Registrar and The Chief Finance and Accounts Officer, their powers and functions;
   • (d) the manner and terms and conditions of appointment of other officers and teachers and their powers and functions;
   • (e) the terms and conditions of service of employees of the University;
   • (f) the procedure for arbitration in cases of disputes between employees or students and the University;
   • (g) the conferment of honorary degrees;
   • (h) framing of policy for admissions, including regulation of reservation of seats;
     • (i) fees to be charged from students; and
   • (j) the provisions regarding exemption from payment of tuition fee and awarding scholarships and fellowships to the students.
2. (2) The First Statutes of the University shall be made by the Governing Body and shall be submitted to the Government for its approval.
3. (3) The Government shall consider the First Statutes, submitted by the University and shall approve it as far as possible within two months from the date of its receipt, with or without modifications, as it may deem necessary provided that the Government shall mention reasons for such modifications, if any.
4. (4) The University shall communicate its agreement to the First Statutes as approved by the Government, and if it desires not to give effect to any or all the modifications made by the Government under sub-section (3), it may give reasons therefor and after considering such reasons, the Government may or may not accept the suggestions made by the University.
5. (5) The Government shall publish the First Statutes, as finally approved by it, in the Andhra Pradesh Gazette, and thereafter it shall come into force from the date of such publication.

28.

1. (1) Subject to the provisions of this Act and the rules made there under, the subsequent Statutes of the University may provide for all or any of the following matters, namely,-
   • (a) creation of new authorities of the University;
   • (b) accounting policy and financial procedure;
   • (c) representation of teachers in the authorities of the University;
   • (d) creation of new departments and abolition or restructuring of existing department;
   • (e) institution of medals and prizes;
   • (f) procedure for creation and abolition of posts;
   • (g) revision of fees;
   • (h) alteration of the number of seats in different disciplines; and
     • (i) all other matters which by or under the provisions of this Act require to be specified by the Statutes.
2. (2) The Statutes of the University other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body.
3. (3) The Statutes made under sub-section
4. (2) shall be submitted to the Government and it may approve or, if it considers necessary, give reasoned suggestions for modification as far as possible within two months from the date of receipt of the Statutes.
5. (4) The Governing Body shall consider the modifications suggested by the Government and return the Statutes to it with its agreement to such changes or with its comments on the suggestions made by the Government.
6. (5) The Government shall consider the comments of the Governing Body and may approve the Statutes with or without modifications and it shall be published by it in the Andhra Pradesh Gazette, and shall come into force from the date of such publication.

29.

1. (1) Subject to the provisions of this Act, the rules and the Statutes made thereunder, the first Ordinances may provide for all or any of the following matters, namely,-
   • (a) the admission of students to the University and their enrolment as such;
   • (b) the courses of study to be laid down for degrees and diplomas of the University;
   • (c) the award of degrees, diplomas and other academic distinctions, the minimum qualifications for the same;
   • (d) the rules & procedures for award of fellowships, scholarships, stipends, medals and prizes;
   • (e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
   • (f) fees to be charged for the various courses, examinations, degrees or diplomas of the University;
   • (g) provision of various student facilities & services provided by the University including but not limited to student housing;
   • (h) provision regarding disciplinary action against the students;
     • (i) the creation, composition and functions of any other body which is considered necessary for improving the academic standards of the University;
   • (j) the manner of co-operation and collaboration with other Universities and institutions of higher education;
   • (k) such other matters which are required to be provided by the Ordinance or by or under this Act.
2. (2) The First Ordinance of University shall be made by the Vice Chancellor which, after being approved by the Board of Management, shall be submitted to the Government for its approval.
3. (3) The Government shall consider the First Ordinances submitted by the Vice Chancellor under sub-section
4. (2) as far as possible within two months from the date of its receipt and may approve it or give reasoned suggestions for modifications therein.
5. (4) The Vice Chancellor shall either modify the Ordinances incorporating the suggestion of the Government or give reasons for not incorporating any of the suggestions made by the Government and shall return the First Ordinances, after due consideration by the Board of Management, to the Government and on receipt of the same, it shall consider the comments of the Vice Chancellor and may approve the First Ordinances of the University with or without modifications and it shall then be published by the Government in the Andhra Pradesh Gazette, and it shall come into force from the date of such publication.

30. All Ordinances other than First Ordinances shall be made by the Academic Council which after being approved by the Board of Management shall be submitted to the Government for its information and publication in the Andhra Pradesh Gazette.

31. The authorities of the University may, subject to the prior approval of the Board of Management make Regulations, consistent with this Act, the Statutes, the Ordinances and the rules made thereunder, for the conduct of business of each such authority and committees constituted by each such authority.

36. Notwithstanding anything contained in this Act, the University shall be bound to comply all the rules, regulations, norms, etc., of the Regulating Bodies and provide all such facilities and assistance to such Bodies as are required by them to discharge their duties and carry out their functions.

41.

1. (1) The Annual Accounts including balance sheet of the University shall be prepared by the University in a fair and transparent manner and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose.
2. (2) A copy of the Annual Financial Statements together with the Audit Report shall be submitted to the Government every financial year.
3. (3) The Governing Board shall be responsible for accurate and detailed preparation of the Annual Financial Statements, and the timely submission of the same with the Anuual Report.
4. (4) The advice of the Government, if any, arising out of the accounts and audit report of the University shall be placed before the Governing Body. The Governing Body shall issue such directions, as it may deem fit, and compliance shall be reported to the Government.

42.

1. (1) If the Sponsoring body proposes to dissolve itself according to the provisions of law governing its constitution, it shall give at least six months prior notice to the Government.
2. (2) The Government shall, on receipt of such notice make such arrangements as may be necessary, for the administration of the University from the date of dissolution of the Sponsoring body till the completion of syllabus by the last batch of students admitted to the University.
3. (3) The Government may continue the functioning of the University by appointing an administrator in place of Sponsoring body, who shall be entrusted with the prescribed powers and functions.
4. (4) The Government on dissolution of the Sponsoring body after due consideration, may dissolve the University in such manner as may be prescribed.

43.

1. (1) The Government, after due consideration, may dissolve the University in such manner as may be prescribed: Provided that the dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. Provided further that the Government may continue the functioning of the University by appointing an administrator in place of the Sponsoring body entrusted with powers and functions as per sub-section
2. (3) of section 42.
3. (2) On dissolution of the University all the assets and liabilities of the University shall vest in the sponsoring body in the manner as may be prescribed:

Special Powers of State Government in certain circumstances 44.

1. (1) Where the Government is of the opinion that the University has contravened any of the provisions of this Act, the Statutes or the Ordinances or the Regulations or the rules made thereunder or has violated any of the directions issued by it under this Act or a situation of Financial mismanagement or maladministration has arisen in the University, it shall issue notice requiring the University to show cause within forty-five days as to why an administrator should not be appointed.
2. (2) On receipt of reply of the University on the notice issued under sub-section (1), if the Government is satisfied that there is a prima facie case of contravention of any of the provisions of this Act or the Statutes or the Ordinances or the Regulations or the rules made thereunder or violation of directions issued by it under this Act or there is financial mismanagement or maladministration, it shall make an order of such inquiry as it may consider necessary.
3. (3) The Government shall, for the purposes of any such inquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon.
4. (4) The inquiry officer or officers appointed under sub-section
5. (3) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters namely,-
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any such documents or any other material as may be predicable in evidence; and
   • (c) requisitioning any public record from any court or office.
6. (5) On receipt of the inquiry report from the officer or officers appointed under sub-section (3), if the Government is satisfied that the University has contravened all or any of the provisions of this Act or the Statutes or the Ordinances or the Regulations or the rules made thereunder or has violated any of the directions issued by it under this Act or a situation of financial mismanagement and maladministration has arisen in the University which threatens the academic standards of the University, it may appoint an administrator.
7. (6) The administrator appointed under sub-section
8. (5) shall exercise all the powers and perform all the duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded with degrees, diplomas or awards as the case may be.
9. (7) After having been awarded the degrees, diplomas or awards as the case may be, to the last batches of the students of the regular courses, or after transfer of all students to other institutions, if applicable, the administrator shall make a report to that effect to the Government.
10. (8) On receipt of the report under sub-section (7), the Government after due consideration, may decide to continue the functioning of the University by vesting the powers of the Governing body in the prescribed manner to other societies having similar objects or the government may decide to dissolve the University in such manner as may be prescribed.

45.

1. (1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters namely,-
   • (a) the manner of making proposal and Project Report to establish University and the fees payable under section 6;
   • (b) other particulars of the Project Report under section 7;
   • (c) terms and conditions under sub-section
3. (2) of Section 10;
   • (d) other matters relating to Statutes and Ordinances under sub-section
4. (1) of sections 27, 28 and 29;
   • (e) matters relating to dissolution of the Sponsoring body under section 42;
   • (f) matters relating to dissolution of the University under section 43 and section 44.
5. (3) Every rule made under this Act shall, immediately after it is made, be laid, before each House of the State Legislature, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following the Legislature of the State agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

46.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

Sl.No. Name and location (address) of the Private University Name & Address of the Sponsoring body Details of registration of the Sponsoring body (1) (2) (3) (4) 1. 2. 3. 4. C.S.S.V. DURGA PRASAD, Secretary to Government, Law Department.