Government of India and in exercise of the powers conferred under Clause (e) and (g) of Sub-section (1) of Section 26 of the UGC Act, 1956, UGC enacted Regulations, 2010 in supersession of the UGC Regulations, 2000. It was published in the Gazette of India on 28th June, 2010 and came into force with immediate effect.
Relevant portion of the said Regulations is as follows:
ON MINIMUM QUALIFICATIONS
FOR APPOINTMENT of TEACHERS AND OTHER ACADEMIC STAFF IN
UNIVERSITIES AND COLLEGES AND MEASURES FOR THE
MAINTENANCE of STANDARDS IN HIGHER EDUCATION
To be published in the gazette of India
Part III Sector 4
University Grants Commission
Bahadur Shah Zafar Marg
28 June, 2010
In exercise of the powers conferred under Clause (e) and (g) of Sub-section (1) of Section 26 of University Grants Commission Act, 1956 (3 of 1956), and in pursuance of the MHRD O.M. No. F.23-7/2008-IFD dated 23rd October, 2008, read with Ministry of Finance (Department of Expenditure) O.M. No. F.1-1/2008-IC dated 30th August, 2008, and in terms of the MHRD Notification No. 1-32/2006-U.II/U.I(1) issued on 31st December, 2008 and in supersession of the University Grants Commission (minimum qualifications required for the appointment and career advancement of teachers in Universities and Institutions affiliated to it) Regulations, 2000, issued by University Grants Commission vide Regulation No. F.3-1/2000(PS) dated 4th April, 2000, together with all amendments made therein from time to time, the University Grants Commission hereby frames the following Regulations, namely:
1. Short title, application and commencement:
1.1. These Regulations may be called the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010.
1.2. They shall apply to every university established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated college recognized by the Commission, in consultation with the university concerned under Clause (f) of Section 2 of the University Grants Commission Act, 1956 and every institution deemed to be a university Under Section 3 of the said Act.
1.3. They shall come into force with immediate effect.
Provided that in the event, any candidate becomes eligible for promotion under Career Advancement Scheme in terms of these Regulations on or after 31st December, 2008, the promotion of such a candidate shall be governed by the provisions of these Regulations.
Provided further that notwithstanding anything contained in these Regulations, in the event any candidate became eligible for promotion under Career Advancement Scheme prior to 31st December, 2008, the promotion of such a candidate under Career Advancement Scheme shall be governed by the University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and institutions affiliated to it) Regulations, 2000 notified vide Notification No. F.3-1/2000(PS) dated 4th April, 2000, as amended from time to time, read with notifications and guidelines issued by the University Grants Commission (UGC) from time to time, in this regard.
2. The Minimum Qualifications for appointment and other service conditions of University and College teachers, Librarians and Directors of Physical Education and Sports as a measure for the maintenance of standards in higher education, shall be as provided in the Annexure to these Regulations.
3. Consequences of failure of the Universities to comply with the recommendations of the Commission, as provision of Section 14 of the University Grants Commission Act, 1956:
If any University grants affiliation in respect of any course of study to any college referred to in Sub-section (5) of Section 12-A in contravention of the provisions of the subsection, or fails within a reasonable time to comply with any recommendations made by the Commission Under Section 12 or Section 13, or contravenes the provisions of any rule made under Clause (f) of Sub-section (2) of Section 25 or of any Regulations made under Clause (e) or Clause (f) or Clause (g) of Sub-section (1) of Section 26, the Commission after taking into consideration the cause, if any, shown by the University for such failure or contravention, may withhold from the university the grants proposed to be made out of the fund of the Commission.
25. Annexure to UGC Regulations, 2010 prescribes the minimum qualifications for appointment and other service conditions of University and College Teachers, Librarians, Directors of Physical Education and Sports.
Regulation 2.0.0 relates to pay scales, pay fixation and age of superannuation, etc. Regulation 7.0.0. relates to selection of Pro-Vice-Chancellor/Vice-Chancellor of Universities. In Regulation 7.3.0. standards to be followed and qualifications necessary for selection to the post of Vice-Chancellor have been mentioned. Regulation 7.4.0 relates to adoption of Regulations by the universities and State Governments.
The relevant provisions of the Annexure to the UGC Regulations, 2010 are quoted hereunder:
UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT of THE TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE of STANDARDS IN HIGHER EDUCATION, 2010
These Regulations are issued for minimum qualifications for appointment and other service conditions of University and College Teachers, Librarians, Directors of Physical Education and Sports for the maintenance of standards in higher education and revision of pay scales.
2.0.0 PAY SCALES, PAY FIXATION FORMULA AND AGE of SUPERANNUATION, ETC.
2.1.0 The revised scales of pay and other service conditions including age of superannuation in central universities and other institutions maintained and/or funded by the University Grants Commission (UGC), shall be strictly in accordance with the decision of the Central Government, Ministry of Human Resource Development (Department of Education), as contained in Appendix-I.
2.3.1. The revised scales of pay and age of superannuation as provided in Clause 2.1.0 above, may also be extended to Universities, institutions coming under the purview of the State Legislature and maintained by the State Governments, subject to the implementation of the scheme as a composite one in adherence of the terms and conditions laid down in the MHRD notifications provided as Appendix I and in the MHRD letter No. F.1-7/2010-U II dated 11 May, 2010 with all conditions specified by the UGC in the Regulations and other Guidelines.
7.0.0. SELECTION of PRO-VICE-CHANCELLOR/VICE – CHANCELLOR of UNIVERSITIES:
The Pro-Vice-Chancellor may be a whole time Professor of the University and shall be appointed by the Executive Council on the recommendation of Vice-Chancellor.
7.2.0. The Pro-Vice-Chancellor shall hold office for a period which is co-terminus with that of Vice-Chancellor. However, it shall be the prerogative of the Vice-Chancellor to recommend a new Pro-Vice-Chancellor to the Executive Council, during his tenure. These Regulations, for selection of Pro-Vice-Chancellor shall be adopted by the concerned University through amendment of their Act/Statute.
i. Persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as Vice-Chancellors. The Vice-Chancellor to be appointed should be a distinguished academician, with a minimum of ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and/or academic administrative organization.
ii. The selection of Vice-Chancellor should be through proper identification of a Panel of 3-5 names by a Search Committee through a public Notification or nomination or a talent search process or in combination. The members of the above Search Committee shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges. While preparing the panel, the search committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad, and adequate experience in academic and administrative governance to be given in writing along with the panel to be submitted to the Visitor/Chancellor. In respect of State and Central Universities, the following shall be the constitution of the Search Committee.
a) a nominee of the Visitor/Chancellor, who should be the Chairperson of the Committee.
b) a nominee of the Chairman, University Grants Commission.
c) a nominee of the Syndicate/Executive Council/Board of Management of the University.
iii. The Visitor/Chancellor shall appoint the Vice-Chancellor out of the Panel of names recommended by the Search Committee.
iv. The conditions of service of the Vice-Chancellor shall be prescribed in the Statutes of the Universities concerned in conformity with these Regulations.
v. The term of office of the Vice-Chancellor shall form part of the service period of the incumbent concerned making him/her eligible for all service related benefits.
7.4.0 The Universities/State Governments shall modify or amend the relevant Act/Statutes of the Universities concerned within 6 months of adoption of these Regulations.
8.0. DUTY LEAVE, STUDY LEAVE, SABBATICAL LEAVE
26. Letter No. 1-32/2006-U.II/U.I(1)(i) dated 31st December, 2008 issued by the Government of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi has been appended as Appendix I and is part of the UGC Regulations, 2010. The relevant portion of the said letter is quoted below:
Government of India
Ministry of Human Resource Development
Department of Higher Education
New Delhi, dated the 31st December, 2008
University Grants Commission,
Bahadur Shah Zafar Marg, New Delhi – 110002.
Subject: Scheme of revision of pay of teachers and equivalent cadres in universities and colleges following the revision of pay scales of Central Government employees on the recommendations of the Sixth Central Pay Commission.
I am directed to say that the Government of India have decided, after taking into consideration the recommendations made by the University Grants Commission (UGC) based on the decisions taken at the meeting of the Commission held on 7-8 October 2008, to revise the pay scales of teachers in the Central Universities. The revision of pay scales of teachers shall be subject to various provisions of the Scheme of revision of pay scales as contained in this letter, and Regulations to be framed by the UGC in this behalf in accordance with the Scheme given below. The revised pay scales and other provisions of the Scheme are as under:
(i) There shall be only three designations in respect of teachers in universities and colleges, namely, Assistant Professors, Associate Professors and Professors. However, there shall be no change in the present designation in respect of Library and Physical Education Personnel at various levels.
(ii) No one shall be eligible to be appointed, promoted or designated as Professor, unless he or she possesses a Ph.D. and satisfies other academic conditions, as laid downy the University Grants Commission (UGC) from time to time. This shall, however, not affect those who are already designated as ‘Professor’.
(iii) The pay of teachers and equivalent positions in Universities and Colleges shall be fixed according to their designations in two pay bands of Rs. 15,600 – Rs. 39,100 and Rs. 37,400 – Rs. 67,000 with appropriate “Academic Grade Pay” (AGP in short). Each Pay Band shall have different stages of Academic Grade Pay which shall ensure that teachers and other equivalent cadres covered under this Scheme, subject to other conditions of eligibility being satisfied, have multiple opportunities for upward movement during their career.
(iv) Posts of Professors shall be created in under-graduate (UG) colleges as well as in postgraduate (PG) colleges. The number of posts of Professors in a UG College shall be equivalent to 10 percent of the number of posts-of Associate Professors in that College. There shall be as many posts of Professors in each PG College as the number of Departments in that College. No new Departments shall be created in UG or PG Colleges without prior approval of the UGC.
(v) Up to 10% of the posts of Professors in universities shall be in the higher Academic Grade Pay of Rs. 12,000 with eligibility conditions to be prescribed by the UGC.
(vi) National Eligibility Test (NET) shall be compulsory for appointment at the entry level of Assistant Professor, subject to the exemptions to the degree of Ph.D. in respect of those persons obtaining the award through a process of registration, course-work and external evaluation, as have been/or may be laid down by the UGC through its Regulations, and so adopted by the University. NET shall not be required for such Masters’ programmes in disciplines for which there is no NET.
2. Revised Pay Scales, Service conditions and Career Advancement Scheme for teachers and equivalent positions:
The pay structure for different categories of teachers and equivalent positions shall be as indicated below:
(a) Assistant Professor/Associate Professors/Professors in Colleges and Universities.
3. Pay Scales of Pro Vice-Chancellor/Vice-Chancellor of Universities:
The posts of Pro-Vice-Chancellor shall be in the Pay Band of Rs. 37,400 – Rs. 67,000 with AGP of Rs. 10,000 or Rs. 12,000, as the case may be, along with a Special Allowance of Rs. 4,000 per month, subject to the condition that the sum total of pay in the Pay Band, the Academic Grade Pay and the Special Allowance shall not exceed Rs. 80,000.
The posts of Vice-Chancellor shall carry a fixed pay of Rs. 75,000 along with a Special Allowance of Rs. 5,000 per month.
8. Other terms and conditions:
(p) Applicability of the Scheme:
(i) This Scheme shall be applicable to teachers and other equivalent cadres of Library and Physical Education in all the Central Universities and Colleges there-under and the Institutions Deemed to be Universities whose maintenance expenditure is met by the UGC. The implementation of the revised scales shall be subject to the acceptance of all the conditions mentioned in this letter as well as Regulations to be framed by the UGC in this behalf. Universities implementing this Scheme shall be advised by the UGC to amend their relevant statutes and ordinances in line with the UGC Regulations within three months from the date of issue of this letter.
From paragraph 8(p)(i) and (v) of Appendix-I dated 31st December, 2008 read with Regulation 7.4.0 we find that the Scheme of Regulation is applicable to teaching staffs of all Central Universities and Colleges thereunder and the institutions deemed to be Universities whose maintenance expenditure is met by the UGC. However, the Scheme under UGC Regulations, 2010 is not applicable to the teaching staffs of the Universities, Colleges and other higher educational institutions coming under the purview of State Legislature, unless State Government wish to adopt and implement the Scheme subject to terms and conditions mentioned therein.
27. The Madurai-Kamaraj University Act, 1965 (University Act) [(Tamil Nadu) ACT No. 33 of 1965]
The above said Act was enacted by the State Legislature to provide for the establishment and incorporation of a University at Madurai enacted by the State Legislature. Section 2(m) of the University Act defines ‘teachers’ as under:
2(m). “teachers” means such lecturers, readers, assistant professors, professors and other persons giving instruction in University colleges or laboratories, in affiliated or approved colleges, or in hostels, and librarians as may be declared by the statutes to be teachers;
Section 2(n) defines ‘teachers of the University’ as follows:
2(n) “teachers of the University” means persons appointed by the University to give instruction on its behalf;
‘University Lecturer’, ‘University Reader’ or ‘University Professor’ are defined Under Section 2(t) as follows:
2(t) “University Lecturer”, “University Reader” or “University Professor” means Lecturer, Reader or Professor respectively appointed as such by the University;
Section 8 stipulates the Officers of the University. The said Section is as follows:
Section 8. Officers of the University.- The University shall consist of the following officers, namely:
(1) The Chancellor;
(2) The Pro-Chancellor;
(3) The Vice-Chancellor;
(4) The Registrar; and
(5) Such other persons as may be declared by the statutes to be officers of the University.
Section 9 relates to Chancellor, Section 10 relates to Pro-Chancellor and Section 11 relates to the Vice-Chancellor. The said Sections are as follows:
Section 9. The Chancellor.-(1) The Governor of Tamil Nadu shall be the Chancellor of the University. He shall, by virtue of his office, be the head of the University and the President of the Senate and shall, when present, preside at meetings of the Senate and at any convocation of the University.
(2) The Chancellor shall exercise such powers as may be conferred on him by or under this Act.
(3) Where power is conferred upon the Chancellor to nominate persons to authorities, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented.
Section 10. The Pro-Chancellor – (1) The Minister in-charge of the portfolio of education in the State of Tamil Nadu shall be the Pro-Chancellor of the University.
(2) In the absence of the Chancellor, or during the Chancellor’s inability to act, the Pro-Chancellor shall exercise all the powers of the Chancellor.
Section 11. The Vice-Chancellor – (1) Every appointment of the Vice-Chancellor shall be made by the Chancellor from out of a panel of three names recommended by the Committee referred to in Sub-section (2).Such panel shall not contain the name of any member of the said Committee.
Provided that if the Chancellor does not approve any of the persons in the panel so recommended by the Committee, he may take steps to constitute another Committee, in accordance with Sub-section (2), to give a fresh panel of three different names and shall appoint one of the persons named in the fresh panel as the Vice-Chancellor.
(2) For the purpose of Sub-section (1), the Committee shall consist of three persons of whom one shall be nominated by the Chancellor.
Provided that the person so nominated shall not be a member of any of the authorities of the University.
(3) The Vice-Chancellor shall hold office for a period of three years and shall be eligible for re-appointment for not more than two successive terms.
(4) When any temporary vacancy occurs in the office of the Vice-Chancellor or if the Vice-Chancellor is, by reason of absence or for any other reason, unable to exercise the powers and perform the duties of his office, the Syndicate shall, as soon as possible, make the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor.
(5) The Vice-Chancellor shall be a whole-time officer of the University and shall be entitled to such emoluments, allowances and privileges as may be prescribed by the statutes.
The powers and duties of the Vice-Chancellor are mentioned in Section 12 which is as follows:
Section 12. Powers and duties of the Vice-Chancellor. – (1) The Vice-Chancellor shall be academic head and the principal executive officer of the University and shall, in the absence of the Chancellor and Pro-Chancellor, preside at meetings of the Senate and at any convocation of the University. He shall be a member ex-officio and Chairman of the Syndicate, the Academic Council and the Finance Committee and shall be entitled to be present at and to address any meeting of any authority of the University but shall not be entitled to vote there at unless he is a member of the authority concerned.
(2) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, the statutes, ordinances and Regulations are observed and carried out and he may exercise all powers necessary for this purpose.
(3) The Vice-Chancellor shall have power to convene meetings of the Senate, the Syndicate, the Academic Council and the Finance Committee.
(4)(a) In any emergency which in the opinion of the Vice-Chancellor requires that immediate action should be taken, he may take such action with the sanction of the Chancellor or the Pro-Chancellor, as the case may be, and shall as soon as may be thereafter report his action to the officer or authority who or which would have ordinarily dealt with the matter.
(b) When action taken by the Vice-Chancellor under this Sub-section affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Syndicate within thirty days from the date on which he has notice of such action.
(5) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, suspension and dismissal of the teachers and servants of the University and shall exercise general control over the affairs of the University.
(6) The Vice-Chancellor shall exercise such other powers as may be prescribed.
The above provisions indicate that the Vice-Chancellor is the academic head [Section 12(1)], heads the Academic Council, and has general control over teaching and examination within the University and is responsible for the maintenance of the standards thereof.
28. Chapter V of the University Act deals with the ‘Academic Council’, the Faculties, the Boards and Studies, the Finance Committee and other Authorities. Section 23 relates to the Academic Council and Section 24 deals with the Constitution of the Academic Council. The relevant portion of the said provisions reads as under:
THE ACADEMIC COUNCIL, THE FACULTIES, THE BOARDS of STUDIES, THE FINANCE COMMITTEE AND OTHER AUTHORITIES.
Section 23. The Academic Council.- The Academic Council shall be the academic authority of the University and shall, subject to the provisions of this Act and the statutes, have the control and general Regulation of teaching and examination within the University and be responsible for the maintenance of the standards thereof and shall exercise such other powers and perform other duties as may be prescribed.
Section 24. Constitution of the Academic Council.- (a) The Academic Council shall, in addition to the Vice-Chancellor, consist of the following persons, namely;-
Class I – Ex-officio members-
(1) The Director of Higher Education, Madras;
(2) The Director of Secondary Education, Madras;
(3) The Director of Technical Education, Madras;
(3-A) The Director of Medical Education;
(4) The heads of University Departments of Study and Research;
(5) Members of the Syndicate who are not otherwise members of the Academic Council;
29. Chapter VI of the University Act deals with Statutes, Ordinances and Regulations. Section 30 stipulates the matters which can be provided under Statutes. This includes the constitution or reconstitution, powers and duties of the authorities of the University. Section 32 deals with Ordinances which may provide for all or any of the matters mentioned therein including the qualifications and emoluments of teachers of the University [Section 32(d)].
30. The word statutes with respect to University means law of the University. In the present context it means the provisions of the University Act and the statutes, ordinances and Regulations framed therein. Chapter V of the Statutes of Madurai Kamaraja University relates to Vice-Chancellor. Clause 2(1) of Chapter V stipulates that Vice-Chancellor should be a whole-time Officer of the University who would be the academic head and principal executive officer of the University with powers and duties mentioned therein. Relevant portion of the provision reads as follows:
1. The Vice-Chancellor shall be appointed by the Chancellor from out of a panel of 3 names recommended by the Committee referred to in Statute 5 hereunder. Such panel shall not contain the name of any member of the said Committee.
(Act Section 11 The Vice-Chancellor)
Provided that if the Chancellor does not approve any of the persons in the panel so recommended by the Committee, he may take steps to constitute another Committee, in accordance with Statue 5, to give a fresh panel of three different names and shall appoint one of the persons named in the fresh panel as the Vice-Chancellor.
2. (1) The Vice-Chancellor shall be a whole-time Officer of the University. He shall be the academic head and Principal executive officer of the University.
(2) The Vice-Chancellor shall in the absence of the Chancellor and the Pro-Chancellor preside at the meetings of the Senate, and at any Convocation of the University.
(Act Section 12 Powers and duties of the Vice-Chancellor)
(3) The Vice-Chancellor shall be a member ex-officio and Chairman of the Syndicate, the Academic Council and the Finance Committee of the University and shall be entitled to be present at and address any meeting of any authority of the University but shall not be entitled to vote there at unless he is a member of the authorities concerned.
(4) The Vice-Chancellor shall have power to convene the meetings of the Senate, the Syndicate, the Academic Council and the Finance Committee of the University.
(5) The Vice-Chancellor shall exercise a general control over all the affairs of the University.
From UGC Regulations, 2010, it is clear that the Vice-Chancellor should be a distinguished academician with a minimum of ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and/or academic administrative organization. Whereas the post of Vice-Chancellor under University Act, 1965 and statute made thereunder is not a teaching post but an officer of the University.