The Dr. Babasaheb Ambedkar Technological University Act, 2014
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
47. Conditions for affiliation and recognition.
- (1) The management applying for affiliation or recognition, and management whose college or institution has been granted affiliation or recognition, shall give and comply with the following undertakings,-
- (a) that the provisions of the Act and Statutes, Ordinances and regulations there under and the standing orders and directions of the University shall be observed;
- (b) that the number of students admitted for courses of study shall not exceed the limits prescribed by the University and the State Government from time to time;
- (c) that there shall be suitable and adequate physical facilities such as buildings, laboratories, libraries, books, equipment required for teaching and research, hostels, gymnasium, as may be prescribed;
- (d) that the financial resources of the college or institution shall be such as to make due provision for its continued maintenance and working;
- (e) that the strength and qualifications of teaching and non-teaching staff of the affiliated colleges and recognised institutions and the emoluments and the terms and conditions of service of the staff of affiliated colleges shall be such as prescribed by the University and which shall be sufficient to make due provision for courses of study, teaching or training or research, efficiently;
- (f) that the services of all teaching and non-teaching employees and the facilities of the college to be affiliated shall be made available for conducting examinations and evaluation and for promoting other activities of the University;
- (g) that the directions, and orders issued by the Chancellor, Vice-Chancellor and other officers of the University in exercise of the powers conferred on them under the provisions of the Act, Statutes, Ordinances and regulations shall be complied with;
- (h) that there shall be no change or transfer of the management without previous permission of the University;
- (i) that the college or institution shall not be closed without previous permission of the University;
- (j) that in the event of disaffiliation or de-recognition or closure of the college or institution under section 58, all the assets of the college or institution including building and equipment, which have been constructed or created out of the amount paid as a grant-in-aid by the State Government or the University Grants Commission shall vest in the State Government.
- (2) No college which is part of another University shall be considered for affiliation unless a “no objection certificate” is given by the parent University.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
48. Procedure for permission.
- (1) The University shall prepare a perspective plan, and get the same approved by the State Council for Higher Education for educational development for the location of colleges and institutions of higher learning in a manner ensuring equitable distribution of facilities for Higher Education having due regard, in particular, to the needs of unserved and under-developed areas within the jurisdiction of the University. Such plan shall be prepared by the Planning and Evaluation (Monitoring) Board of the University, and shall be placed before the Academic Council and the Executive Council and shall, if necessary be updated every year.
- (2) No application for opening a new college or institution of higher learning, which is not in conformity with such plan, shall be considered by the University.
- (3) The managements seeking permission to open a new college or institution of higher learning shall apply in the prescribed form to the Registrar of the University before the last day of October of the year preceding the year from which the permission is sought.
- (4) All such applications received within the aforesaid prescribed time limit, shall be scrutinized by the Planning and Evaluation (Monitoring) Board of the University and be forwarded to the State Government with the approval of the Executive Council on or before the last day of December of the year, with such recommendations (duly supported by relevant reasons) as are deemed appropriate by the Executive Council.
- (5) Out of the applications recommended by the University, the State Government may grant permission to such institutions as it may consider right and proper in its absolute discretion, taking into account the State Governments budgetary resources, the suitability of the managements seeking permission to open new institutions and the State level priorities with regard to location of institutions of higher learning: Provided that, in exceptional cases and for the reasons to be recorded in writing any application not recommended by the University may be approved by the State Government for starting a new college or institution of higher learning: Provided further that, from every academic year such permission from the State Government shall be communicated to the University on or before 30th June of the year, in which the new college is proposed to be started. Permissions received thereafter shall be given effect by the University only in the subsequent academic year.
- (6) No application shall be entertained directly by the State Government for the grant of permission for opening new college or institutions of higher learning.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
49. Procedure for affiliation.
- (1) On receipt of the permission from the State Government under section 48 the Academic Council of the University shall consider grant of first time affiliation to the new college or institution by following the prescribed procedure given in sub-section (2) and after taking into account whether and the extent to which the stipulated conditions have been fulfilled by the college or institution. The decision of the Academic Council in this regard shall be final.
- (2) For the purpose of considering the application for the grant of affiliation the Academic Council shall cause an inquiry by a committee constituted for the purpose by it.
- (3) The Academic Council shall decide,-
- (a) whether affiliation should be granted or rejected;
- (b) whether affiliation should be granted in whole or part;
- (c) subjects, courses of study, the number of students to be admitted;
- (d) conditions, if any, which may be stipulated while granting or for granting the affiliation.
- (4) The Registrar shall communicate the decision of the Academic Council to the Management with a copy to the Director of Higher Education, and if the application for affiliation is granted, alongwith an intimation regarding-
- (a) the subjects and the courses of study approved for affiliation;
- (b) the number of students to be admitted;
- (c) the conditions, if any, subject to the fulfillment of which the approval is granted.
- (5) The procedure referred to in section 48, except the second proviso to sub-section (5) thereof, shall mutatis-mutandis, apply for the permission to open new courses and additional faculties. The procedure for permission for starting new subjects and additional divisions in the existing colleges and institutions shall be such as may be prescribed by the State Government, from time to time.
- (6) No student shall be admitted by the college or institution unless the first time affiliation has been granted by the University to the college or institution.
- (7) The procedure referred to in sub-section (1) to (4) shall apply, mutatis-mutandis, for the consideration of continuation of affiliation, from time to time.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
50. Procedure of recognition of institutions.
- (1) The management of an institution actively conducting research or specialized studies for a period of not less than five years, and seeking recognition shall apply to the Registrar of the University, with full information regarding the following matters, namely :-
- (a) the constitution and personnel of the management ;
- (b) the subjects and courses of study for which recognition is sought;
- (c) the accommodation, equipment and the number of students for whom provision has been made;
- (d) the staff, permanent, visiting and honorary, of the institution, recognized for guiding research or recognizable for the purpose by the University; their experience, evidence of research work carried out at the institution, publications, reports, monographs, books published by the institution;
- (e) the fees levied, or proposed to be lieved, and the provisions made for capital expenditure on buildings, equipment and for the continued maintenance and efficient working of the institution.
- (2) Before considering such an application, the Planning and Evaluation (Monitoring) Board of the University may call for any further information which it thinks necessary.
- (3) If the Planning and Evaluation (Monitoring) Board of the University decides to consider the application, it may direct a local inquiry to be made by a competent person or persons having specialized knowledge in the subject or field concerned. After considering the report of such inquiry, and making such further inquiry, as it may think necessary, the Planning and Evaluation (Monitoring) Board of the University shall submit to the Academic Council the proposal to grant or reject the application, in part or in whole.
- (4) The Academic Council shall after considering the proposal submitted by the said Board, may, either grant or reject it. The decision of the Academic Council in the matter shall be final and binding.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
51. Local managing or advisory committee of an affiliated college.
- (1) There shall be a separate local managing committee for every affiliated college or institution, consisting of the following members :-
- (a) President or Chairman of the management or his nominee ... Chairman;
- (b) Secretary of the management or his nominee;
- (c) three local members representing different fields of the area, nominated by the management;
- (d) three teachers, elected by the teachers of the college or institution;
- (e) one non-teaching employee, elected by the non-teaching employees of the college or institution;
- (f) one representative of the management;
- (g) Principal as the Member-Secretary.
- (2) For a college or institution managed and maintained by the Government or local authority, the local advisory committee shall consist of the following members :-
- (a) Joint Director or Deputy Director designated by the Director of Technical Education or, as the case may be, the Director of Social Welfare, as the nature of the college or institution may require;
- (b) three persons representing different fields or activities, nominated by the Director of Technical Education;
- (c) three teachers, elected by the teachers of the college or institution;
- (d) one non-teaching employee, elected by the non-teaching employees of the college or institution;
- (e) Principal- Member-Secretary.
- (3) The local managing or advisory committee shall meet at least twice a year.
- (4) Members elected or nominated shall have a term of five years. If any vacancy occurs in the office of such member, the vacancy shall be filled within three months and the member so appointed shall hold office for the residual term for which the earlier member would have held the office if the vacancy had not occurred.
- (5) The powers and duties of the local managing or advisory committee shall be to ,-
- (i) prepare the budget and financial statements;
- (ii) recommend to the management the creation of the teaching and other posts;
- (iii) determine the programme of instruction and internal evaluation and to discuss the progress of studies in the college;
- (iv) make recommendations to the management for the improvement of the standard of teaching in the college;
- (v) formulate proposals of new expenditure not provided for in the college budget;
- (vi) advise the principal regarding the intake capacity of various classes, preparation of time-tables, distribution of the available teaching workload and such other matters relating to the internal management of the college and discipline of the college students as may be referred to it by the principal, from time to time.
- (vii) consider and make recommendations on the inspection report, if any;
- (viii) consider and make recommendations on the report of the local inquiry committee, if any;
- (ix) prepare the annual report on the work done by committee for the year ending on the 30th June and submit the same to the management, the Executive Council of the University and to the concerned Director;
- (x) perform such other duties and exercise such other powers as may be entrusted by the management and the University.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
52. Continuation of affiliation or recognition.
The affiliated college or recognized institution may apply for continuation of affiliation or recognition for the courses of study for which affiliation or recognition was granted ordinarily six months prior to the date of expiry of such affiliation or recognition. The University shall follow the procedure prescribed in the Statute so far as applicable for grant of continuation.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
53. Extension of affiliation or recognition.
The affiliated college or recognized institution may apply for affiliation or recognition for additional courses of study. The University shall follow the procedure as prescribed in section 48, so far as may be applicable.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
54. Permanent affiliation and recognition.
The affiliated college or institution or recognized institution with at least six years standing as an affiliated or recognized institution may apply for permanent affiliation or recognition. The Planning and Evaluation (Monitoring) Board of the University shall consider and scrutinize the application and make recommendation to the Academic Council. If the Academic Council is satisfied that the affiliated college or institution or recognized institution has fulfilled all the conditions of affiliation or recognition satisfactorily, and has attained high academic and administrative standards as prescribed by the University, from time to time, the Academic Council shall grant permanent affiliation or recognition to the college or institution, as the case may be.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
55. Autonomous University department or institution, college or recognized institution.
- (1) A University department or institution, affiliated college or recognized institution may apply to the University for grant of autonomous status. The Executive Council on the recommendation of the Academic Council may confer the autonomous status.
- (2) The autonomous University department or institution or college or recognized institution, may constitute its authorities or bodies and exercise the powers and perform the functions and carry out the administrative, academic, financial and other activities of the University, as prescribed.
- (3) The autonomous University department or institution or college or recognized institution may prescribe its own courses of study, evolve its own teaching methods and hold examinations and tests for students receiving instruction in it and award degrees or certificates of its own. Autonomous University department or institution or college or recognized institution shall function with the objectives of promoting academic freedom and scholarship on the part of teachers and students which are essential to the fostering and development of and intellectual climate conducive to the pursuit of scholarship and excellence.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
56. Inspection of colleges and recognized institutions and report.
- (1) Every affiliated college and recognized institution shall furnish such reports, returns and other particulars as the University may require for enabling it to judge the academic standards and standards of academic administration of the college or recognized institution.
- (2) The Vice-Chancellor shall cause every University department or institution, affiliated college or recognized institution to be inspected, at least once in every three years, by one or more committees appointed by him in that behalf which shall consist of the following members, namely :-
- (a) a member of Planning and Evaluation (Monitoring) Board of the University or a Director nominated by the Vice-Chancellor -Chairman;
- (b) two experts, not connected with the University, nominated by the Academic Council;
- (c) one expert, to be nominated by the Executive Council : Provided that, no member on such committee shall be connected with the management of college or the institution concerned.
- (3) The committee shall submit its report to the Vice-Chancellor for his consideration and for further action as may be necessary.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
57. Withdrawal of affiliation or recognition.
- (1) If an affiliated college or recognized institution fails to comply with the conditions of affiliation or recognition as provided in section 47 or to allow the local managing or advisory committee as provided in section 51 to function properly or to take action as per direction issued under the Act or if it is conducting the college or recognized institution in a manner prejudicial to the interest of the University or the standards laid down by it, the Planning and Evaluation (Monitoring) Board of the University may issue a notice to the management to show cause as to why the privileges conferred on the college or recognized institution by affiliation or recognition should not be withdrawn in part or in whole or modified.
- (2) The Planning and Evaluation (Monitoring) Board of the University shall mention the grounds on which it proposes to take the abovementioned action and shall send a copy of the notice to the principal of the college, or head of recognized institution. It shall also specify in the notice, the period being a period which shall not be less than thirty days within which the management should file its written statement in reply to the notice.
- (3) On receipt of such written statement or on expiry of the period specified in the notice issued under sub-section (1), the Planning and Evaluation (Monitoring) Board of the University shall place before the Academic Council, the notice and the written statement, if any, with or without the motion for withdrawal or modification of such privileges.
- (4) The Academic Council shall having regard to the interest of students studying in the colleges or recognized institutions, recommend to the Vice-Chancellor the action to be taken in this behalf and the Vice-Chancellor shall, thereafter, proceed to implement the recommendations.
Chapter VIII PERMISSION, AFFILIATION AND RECOGNITION
58. Closure of college or recognized institution.
- (1) No management of a college or recognized institution shall be allowed to close down the college or recognized institution without prior permission of the State Government.
- (2) The management desirous of closing down the college or recognized institution shall apply to the University on or before the first day of August of the preceding year, stating fully the grounds for closure, and pointing out the assets in the form of buildings and equipments, their original cost, the prevailing market value and the grants so far received by it either from the University Grants Commission, the State Government or from public funding agencies.
- (3) On receipt of such an application, the Academic Council shall cause to make inquiries as it may deem fit, to assess and determine whether the college or recognized institution be permitted to effect the closure. The Academic Council may, examine whether the closure should be avoided by providing necessary assistance or taking over of the college or recognized institution by the University or transferring it to another management.
- (4) If the Academic Council decides to recommend the closure, it shall prepare and submit to the Executive Council, a report on the extent of damages or compensation to be recovered from the management and whether the assets created utilizing the funds provided by the University Grants Commission, the State Government or other public funding agencies, be transferred to the University or other management, and the payment of compensation to the teachers and the staff retrenched.
- (5) The Academic Council shall, with prior concurrence of the Executive Council and approval of the State Government then decide whether the affiliated college or recognized institution be permitted the closure.
- (6) The University may take over a college or a recognized institution or transfer the same to another Management with prior approval of the State Government and after following the procedure prescribed in that behalf.
- (7) The procedure to effect the closure shall be in phases, so as to ensure that the students already admitted to the college or recognized institution are not affected, and that the first year shall be closed first and no new admissions shall be effected. The procedure to phase out the closure shall be such as may be prescribed.
- (8) The procedure for closure of colleges, or recognized institutions, referred to in sub-section (1) to (7) shall mutatis-mutandis apply for closure of faculties or subjects.
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