Chapter II ESTABLISHMENT AND INCORPORATION OF PRIVATE UNIVERSITIES

Establishment of Private University.—

1. (1) The Government may permit the establishment of a Private University by any sponsoring body in the manner provided under this Act and shall declare such establishment by notification upon satisfaction of the conditions specified in section 4.
2. (2) The Private University shall be a body corporate by the name specified therein, shall have perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
3. (3) The Private University shall be of the unitary type with its main campus in the Union Territory of Jammu and Kashmir and shall not have power to affiliate or recognize any college or institution.
4. (4) The Private University may establish constituent colleges, regional centers, additional campuses and study centers at such places in the Union Territory as it deems fit subject to the norms of UGC and other regulatory bodies.
5. (5) The Private University shall have adequate facilities for teaching, research, examination and extension services.

Conditions for establishment of Private University.—

1. (1) A sponsoring body desirous of establishing a Private University shall make an application to the Government in such manner and in such form as may be prescribed.
2. (2) No sponsoring body shall be eligible to establish a Private University unless it—
   • (a) is registered for a period of not less than three years immediately before the date of application under the relevant law ;
   • (b) has been established for the primary objective of promoting education ;
   • (c) has the necessary financial resources as specified under this Act ;
   • (d) is not blacklisted or debarred by any Government, statutory body, professional council or regulatory authority ; and
   • (e) has its credentials verified by police and other verifying agencies in the Union territory of Jammu and Kashmir ;
   • (f) is not in default of any dues to any financial institution or Government ;
   • (g) has lawful possession, whether by ownership, lease or any other legally enforceable right of occupancy for a term of not less than thirty years, of such land and built-up space as is adequate for the approved academic programmes, student strength, research activities and support facilities of the Private University, and compliant with applicable planning, zoning, building, fire safety, environmental and other statutory requirements; such land and built-up space shall be situated at the location where the headquarters or registered office of the university is proposed to be established and shall not be mortgaged, sold, leased out or otherwise alienated without the prior approval of the Government ;
   • (h) construct and/or maintain, on the land referred to in clause(f), academic buildings, laboratories, libraries, digital resources, equipment, student amenities and administrative facilities that are adequate for the approved programmes, student enrolment and research activities of the Private University; Provided that such facilities may be shared with other educational institutions or accessed through arrangements with public authorities or other persons, including for the use of parks, playgrounds, sports complexes, auditoria, research facilities, libraries, hostels or other support infrastructure, under a memorandum of understanding, license, lease or other legally enforceable agreement. No quantitative minimum relating to books, journals, equipment, computers, classroom size or built-up area shall be prescribed under this Act or the rules, except where expressly required by a central statutory regulatory authority ;
     • (i) appoint teachers for the purposes of teaching as per the standards laid down by the UGC ; and
   • (j) complies with such other conditions as may be required by the Government to be fulfilled before the establishment of the Private University.
3. (3) The sponsoring body and its members shall be of sound financial status and good repute.

Application for establishment of Private University.—(1) Any sponsoring body desirous to establish a Private University shall make an application to the Government, containing an outline of the purpose and vision of the proposed Private University, the Project Report in such manner containing such particulars along with such non-refundable application fee not exceeding rupees twenty-five lakhs as may be prescribed in the rules.

1. (2) An application under section 4 shall be accompanied by—
   • (a) a certified copy of the Certificate of Registration of the sponsoring body under the Indian Trusts Act, 1882 or the Societies Registration Act, 1860 or the Companies Act, 2013, as the case may be ;
   • (b) a certified Copy of the Memorandum of Association and rules or bye-laws of the sponsoring body ;
   • (c) a detailed Project Report, in addition to the particulars as may be prescribed under Clause
2. (1) containing the following, namely :
   • (i) the name, location and headquarters of the proposed Private University ;
   • (ii) the objectives and vision of the proposed Private University ;
   • (iii) justification for the necessity of establishing the proposed university ;
   • (iv) the track record, experience and domain expertise in the proposed disciplines ;
   • (v) details of land held or proposed to be acquired, including ownership documents ;
   • (vi) details of existing or proposed infrastructure, including buildings, laboratories, libraries, hostels, sports facilities and other amenities ;
   • (vii) proposed academic programmes, courses, and curriculum ;
   • (viii) proposed faculty strength and qualifications ;
   • (ix) proposed fee structure ;
   • (x) financial projections for at least ten years including capital expenditure, recurring expenditure, and sources of finance ;
   • (xi) provisions for scholarship and freeships for economically disadvantaged students ;
   • (xii) plans for research and innovation ;
   • (xiii) proposed governance structure ;
   • (d) an undertaking to abide by the provisions of this Act and the rules, regulations, and guidelines issued thereunder ;
   • (e) an undertaking to comply with the regulations and guidelines of the University Grants Commission and other statutory bodies ;
   • (f) proof of deposit of Endowment Fund as specified under this Act ;
   • (g) such other documents and information as may be prescribed.

Scrutiny of Application.—(1) The Government shall constitute an Expert Committee to examine the applications received under section 5.

1. (2) The Expert Committee shall consist of—
   • (i) Administrative Secretary to the Government, Higher Education Department–Chairman ;
   • (ii) Former or serving Vice-Chancellor of the Union Territory University – Member
   • (iii) Administrative Secretary to the Government, Skill Development Department-Member Secretary ;
   • (iv) Director Colleges, Higher Education Department — Member
   • (v) Administrative Secretary to the Government, Finance Department or his nominee - Member
   • (vi) Administrative Secretary to the Government, Department of Law, Justice and Parliamentary Affairs or his nominee – Member
   • (vii) The Collector of the District where the Private University is proposed to be established - Member ;
   • (viii) such other members as the Government may deem fit.
2. (3) The Chairman and Members shall be eligible for such sitting fees and allowances, as may be prescribed in the rules.
3. (4) The Expert Committee shall conduct the site inspection and examine the application along with the Project Report with reference to the following :—
   • (a) financial soundness and assets of the sponsoring body and its ability to setup the infrastructure of the proposed Private University ;
   • (b) background of the sponsoring body such as experience in the field of education, its credibility and general reputation ;
   • (c) assess the feasibility of the project including an evaluation of whether the academic programmes proposed to be offered substantially overlap with those already offered by existing universities or Government Degree Colleges within the same geographic cluster, and to take such factors into account while making its recommendations regarding the feasibility of the project potential of the courses to be offered which are not only of conventional nature but also in tune with the contemporary requirements of emerging branches of learning ;
   • (d) appropriateness of the objectives of the proposed Private University against the overall goals and objectives of the Union Territory ; and
   • (e) any other factor that the Expert Committee may deem appropriate.
4. (5) The Expert Committee, while considering the proposal and the Project Report, may call for such other information from the sponsoring body as it thinks proper for the purpose.
5. (6) The Expert Committee shall make a recommendation on the establishment of Private University to the Government within sixty days from the date of its constitution.

Letter of Intent Letter of Intent.—(1) Within thirty days of receipt of the recommendation of the Expert Committee, the Government in Higher Education Department with the approval of Minister Incharge shall issue a Letter of Intent, or a reasoned order of rejection, or a single deficiency memorandum identifying all curable deficiencies. The sponsoring body shall be given not less than thirty days to cure such deficiencies.

1. (2) The Government in Higher Education Department with the approval of Minister Incharge reserves the right to accept or not to accept the evaluation report of the Expert Committee. The decision of the Government in this regard shall be final.
2. (3) The Government in Higher Education Department with the approval of Minister Incharge shall inform the sponsoring body about its decision through a Letter of Intent, a Letter of Regret, or a letter seeking modified proposal or additional information, as the case may be.

Establishment and inclusion in the Schedule.—(1) The Government may after considering the report of the Expert Committee, permit the establishment of a private university by inclusion of the name, location, sponsoring body and headquarter of the university by amending the schedule.

1. (2) Upon amending the schedule of this Act, the university shall be deemed to be validly established and incorporated under this Act.
2. (3) The Amendment Act mentioned in sub-section
3. (1) shall specify—
   • (a) the name of the university ;
   • (b) the location and territorial jurisdiction ;
   • (c) the powers and functions of the university ;
   • (d) the first Statutes, Ordinances, and Regulations ;
   • (e) such other matters as may be considered necessary.

Commencement of Private University.—(1) Every Private University shall commence to exercise its function on such date as the Government may, by notification, specify in this behalf.

1. (2) The Government shall issue a notification under sub-section
2. (1) only after receipt of an affidavit along with documents from the sponsoring body to the effect that all the conditions referred to in this Act have been fulfilled and after the Government is satisfied in this behalf.

Grants and Financial Assistance.—Every Private University shall be a self-financing University and shall neither make a demand nor shall be entitled to any maintenance, grant-in-aid or any other financial assistance from the Government : Provided that this shall not prohibit a Private University from applying for research projects or any other academic projects which may or may not entail financial grant or financial support from any other source.

Objects of Private University.—The objects of a Private University shall be to disseminate and advance education, knowledge and skill by providing instructional, research and extension of facilities in such branches of learning as it may deem fit and the Private University shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of high-quality education.

Powers of Private University.—Every Private University shall have the following powers, namely :—

1. (1) to provide for instructions 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 and application of knowledge and skills;
2. (2) to impart and promote the study of humanities and social sciences, science, engineering and technology, management, law, medical and allied sciences and any other professional courses through in-campus, off-campus, and satellite centres or by distance educational programmes ;
3. (3) to honour educational stalwarts and persons of academic eminence with the decoration of Professor Emeritus ;
4. (4) to grant, subject to such conditions as the Private 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 on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
5. (5) to confer honorary degrees or other distinctions in the manner prescribed;
6. (6) to provide education and training including correspondence and such other courses, to such persons who are not members of the Private University, as it may determine;
7. (7) to institute Directorships, Professorships, Associate Professorships, Readerships, Assistant Professorships, Lecturerships and other teaching or academic posts required by the Private University and to make appointments for the same ;
8. (8) to create administrative, ministerial and other posts and to make appointments thereto;
9. (9) to appoint or engage persons of eminence working in any other University or organization permanently or for a specified period;
10. (10) 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 Private University may determine;
11. (11) to establish and maintain schools, centres, specialized laboratories or other units for research and instructions as are in the opinion of the Private University, necessary for the furtherance of its objects;
12. (12) to institute and award fellowships, scholarships, studentships, medals and prizes;
13. (13) to establish and maintain and supervise residences, hostels within the University and promote the health and general welfare activities for students and staff;
14. (14) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions or bodies as the Private University may deem necessary;
15. (15) to declare a centre, an institution, a department, or school, as the case may be, in accordance with the statutes;
16. (16) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing, charges;
17. (17) to prescribe, demand and receive payment of fees ;
18. (18) to make such arrangements in respect of the residence, discipline and teaching of women and other disadvantaged students as the University may deem fit ;
19. (19) to regulate and enforce discipline amongst the employees and students of the Private University and take such disciplinary measures in this regard as may deem necessary by the University ;
20. (20) to make arrangements for promoting the health and general welfare of the employees of the Private University;
21. (21) to receive donations and to acquire, hold, manage and dispose through sale or lease or rent of any property, movable or immovable for the welfare of the Private University;
22. (22) to borrow without security or by way of hypothecation or mortgage against the property of the Private University with the approval of the sponsoring body;
23. (23) to appoint either on contract or otherwise, Visiting Professors, Emeritus Professors, consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the Private University;
24. (24) to organize and to undertake extra-mural studies and extension ; and
25. (25) 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 Private University.