The Viksit Bharat Shiksha Adhishthan Bill, 2025 seeks to establish a comprehensive, integrated, and transparent framework for the regulation, accreditation, and standard-setting of higher education institutions in India. The Bill aims to enable universities and higher educational institutions to achieve excellence in teaching, learning, research, and innovation through coordinated determination of standards and a graded system of autonomy.
The Bill proposes the constitution of a central statutory body, the Viksit Bharat Shiksha Adhishthan, which will function as an overarching commission to provide strategic direction for the growth of higher education. The Commission is designed as a body corporate with perpetual succession and is tasked with ensuring coordination among three independent verticals: regulation, accreditation, and academic standards.
The Act applies to a wide range of institutions, including institutions of national importance, central and state universities, deemed universities, affiliated colleges, institutions regulated by specified professional councils, institutions of eminence, and recognised open, distance, online, and digital education institutions. However, certain professional programmes regulated by bodies such as medical, legal, pharmacy, nursing, and allied health councils are expressly excluded from the Act’s direct application, subject to compliance with their respective statutory requirements.
At the core of the framework is the principle of functional separation. The Bill establishes three councils under the Commission:
1. Regulatory Council (Viksit Bharat Shiksha Viniyaman Parishad) as the common regulator of higher education;
2. Accreditation Council (Viksit Bharat Shiksha Gunvatta Parishad) to oversee and supervise an independent accreditation ecosystem; and
3. Standards Council (Viksit Bharat Shiksha Manak Parishad) to determine academic standards and learning outcomes.
Each council is constituted as a separate body corporate with defined composition, powers, and functions, ensuring autonomy while maintaining coordination through the Commission.
The Regulatory Council is empowered to ensure compliance with regulatory provisions, mandate graded accreditation and autonomy, enforce transparency through public disclosure of academic and financial information, prevent commercialisation of higher education, and provide grievance redressal mechanisms for students. It also has powers to authorise accredited institutions, other than universities, to grant degrees with prior government approval, and to facilitate the establishment of campuses, constituent colleges, and cross-border education initiatives.
The Accreditation Council is mandated to develop an outcome-based Institutional Accreditation Framework, empanel and monitor accrediting agencies, disseminate accreditation information publicly, and recommend penalties for accreditation-related contraventions. Accreditation under the Bill focuses on educational outcomes, governance, financial probity, stability, and transparency, rather than only on input-based criteria.
The Standards Council is entrusted with framing expected learning outcomes, determining minimum academic standards, setting norms for credit transfer and qualification equivalence, promoting integration of vocational education, and laying down standards for curriculum, pedagogy, assessment, and faculty qualifications. It also develops frameworks for innovation, internationalisation, and promotion of Bharatiya knowledge, languages, and arts within higher education.
The Bill clearly restricts the right to confer degrees to universities, institutions empowered by Parliament, or institutions authorised under the Act. It prescribes detailed provisions regarding appointments, tenure, removal, disclosures, and post-tenure restrictions for the Chairperson, Presidents, Members, and senior officials of the Commission and Councils, aiming to ensure integrity, independence, and accountability.
A structured penalty and adjudication mechanism is introduced for contraventions of the Act, with graded monetary penalties, potential reduction of autonomy, suspension of degree-granting powers, or closure of institutions in cases of persistent violations. The Bill emphasises that penalties should not adversely affect the interests of enrolled students. Appeals against decisions of the Commission or Councils lie with the Central Government.
The financial framework provides for central government grants, creation of a dedicated fund, budgeting, audit by the Comptroller and Auditor-General of India, and mandatory reporting to Parliament. The Bill also grants the Central Government powers to issue policy directions, delegate functions, supersede the Commission or Councils in specified circumstances, and make rules and regulations to operationalise the Act. The Act is given overriding effect over inconsistent laws, while protecting the autonomy of institutions of national importance and institutions of eminence as prescribed .
Overall, the Bill lays down a unified governance architecture intended to balance autonomy with accountability, emphasise outcomes over inputs, and promote transparency, quality, and global competitiveness in India’s higher education system.
Extract of the Bill
AS INTRODUCED IN LOK SABHA
Bill No. 194 of 2025
THE VIKSIT BHARAT SHIKSHA ADHISHTHAN BILL, 2025
STATEMENT OF OBJECTS AND REASONS
Entry 66 of the Union List (List I) in the Seventh Schedule to the Constitution of India provides for the co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions. Accordingly, the University Grants Commission was established under the University Grants Commission Act, 1956 for the coordination and determination of standards in Universities.
2. Subsequently the size, scale and complexities of higher education sector in India have increased manifold with over one thousand Universities and more than sixty thousand higher educational institutions, with more than four crore students enrolled therein. The expansion of higher education system has also seen establishment of several statutory regulatory bodies, requiring multiple approvals by higher educational institutions, inspections, etc., resulting in over-regulation of the sector and duplication of control. There exists a strong need for providing simplified regulatory systems for higher educational institutions in the country.
3. The National Education Policy (NEP), 2020 envisions the revision and revamping of all aspects of the education structure, including its regulation and governance, to create a new system that is aligned with the aspirational goals of 21st century education, including Sustainable Development Goal 4 (SDG4), while building upon the traditions and value systems of our nation.
4. Further, the NEP, 2020 considers that the regulatory system is in need of a complete overhaul in order to re-energise the higher education sector and enable it to thrive. The NEP, 2020 envisions a “light but tight” regulatory framework to ensure integrity, transparency and resource efficiency of the educational system through audit and public disclosure while encouraging innovation and out-of-the-box ideas through autonomy, good governance and empowerment.
5. Accordingly, after due consideration of the vision of the NEP, 2020, analysis and suitable adaption of the global best practices in the field of higher education, it is proposed to introduce a legislation, namely, the Viksit Bharat Shiksha Adhishthan Bill, 2025 in Parliament.
6. The Viksit Bharat Shiksha Adhishthan Bill, 2025 provides for the constitution of a Viksit Bharat Shiksha Adhishthan along with the three Councils, namely, the Viksit Bharat Shiksha Viniyaman Parishad (the Regulatory Council), the Viksit Bharat Shiksha Gunvatta Parishad (the Accreditation Council) and the Viksit Bharat Shiksha Manak Parishad (the Standards Council) to enable and empower Universities and other higher educational institutions to achieve excellence in teaching, learning, research and innovation, as an outcome of better co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.
7. The Bill further provides for repealing the University Grants Commission Act, 1956, the All India Council for Technical Education Act, 1987 and the National Council for Teacher Education Act, 1993.
8. The Bill also proposes that the Council of Architecture (CoA), established under the Architects Act, 1972 will function as a Professional Standard Setting Body (PSSB), as envisioned in the NEP, 2020. The CoA will have representation in all the three Councils proposed to be established under the proposed legislation. As the Member of the Standards Council, the CoA will participate in framing the curricula, laying down academic standards and co-ordinating between teaching, research and extension of its domain or discipline. Thus, CoA would set the standards or expectations in its particular field of learning and practice while having no regulatory role.
9. The Viksit Bharat Shiksha Adhishthan will be an apex umbrella body to provide direction for comprehensive and holistic growth of higher education and ensure co-ordination between the Councils. The Standards Council shall ensure synchronisation and determination of academic standards in higher educational institutions, the Regulatory Council shall ensure co-ordination and maintenance of standards in higher educational institutions, while the Accreditation Council shall be an accrediting body to supervise and oversee an independent ecosystem of accreditation.
10. Membership of the Viksit Bharat Shiksha Adhishthan and the Councils primarily includes academicians, domain experts and representatives from States, Union territories, State higher educational institutions and Institutions of national importance.
11. The Viksit Bharat Shiksha Adhishthan will pave the path for Atmanirbharta in higher education sector and create a talent pool of students who will help the country in achieving the vision towards Viksit Bharat. This will facilitate empowerment of youth by developing critical and innovative thinking leading to holistic development, provide opportunities for inter-disciplinary and flexible education thus permitting continuous reskilling and upskilling. The students will also have access to fair, transparent and robust grievance redressal mechanism. The Bill will thus make our present and upcoming generations future ready.”
12. The Bill will bring in the required regulatory reforms to usher in an era of autonomy of well performing higher educational institutions. The present challenges faced by higher educational institutions due to multiplicity of regulators having non-harmonised regulatory approval protocols will be done away with. The entire system of regulation will be executed through technology driven single window interactive system for higher educational institutions based upon public self disclosure. The Regulatory Council will maintain a public portal wherein the higher educational institutions will be required to report all matters pertaining to financial probity, good governance, all finances, audits, procedures, infrastructure, faculty and staff, courses and educational outcomes. The information provided on the public portal of the Regulatory Council will also be the basis for accreditation of the higher educational institutions.
13. The Bill will facilitate establishment of global standard higher educational institutions in the country and significantly improve the Growth Enrolment Ratio (GER) of the country.
14. The Notes on clauses explain in detail the various provisions contained in the Bill.
15. The Bill seeks to achieve the above objectives.
DHARMENDRA PRADHAN.
NEW DELHI;
The 12th December, 2025.
Notes on clauses
Clause 1 of the Bill seeks to provide for short title and commencement of the proposed legislation.
Clause 2 of the Bill seeks to provide for application of the proposed legislation. The proposed legislation applies to (a) all Institutions of national importance established by an Act of Parliament, under the administrative purview of the Ministry of Education in the Government of India; (b) such other Institutions of national importance, established by an Act of Parliament, as may be notified by the Central Government in the Official Gazette; (c) Universities in India, established or incorporated by or under a Central Act or a State Act or any other institution declared as a deemed to be University by any notification by the Ministry of Education, Department of Higher Education in the Government of India under the provisions of section 3 of the University Grants Commission Act, 1956, before this Act came into force; (d) colleges and such other higher educational institutions affiliated with the Universities or higher educational institutions falling under the purview of this Act; (e) institutions regulated under the Architects Act, 1972; (f) institutions regulated under the All India Council for Technical Education Act, 1987; (g) institutions regulated under the National Council for Teacher Education Act, 1993; (h) institutions of open and distance learning, online education and digital education recognised by the University Grants Commission; (i) institutions of eminence; (j) institutions regulated by such other Professional Councils as may be notified by the Central Government; and (k) other programmes and institutions as may be notified by the Central Government.
Clause 3 of the Bill seeks to provide for definition of certain expressions used in the proposed legislation.
Clause 4 of the Bill seeks to provide aims and purposes of the proposed legislation i.e., for an effective, enabling and responsive system of regulation to encourage integrity, excellence and public-spiritedness in higher education.
Clause 5 of the Bill seeks to provide for constitution of Viksit Bharat Shiksha Adhishthan (the Commission) to exercise the powers conferred upon, and perform the functions assigned to it.
Clause 6 of the Bill seeks to provide for composition of the Commission. The Commission shall consist of a Chairperson and other Members not exceeding twelve in number. Of the twelve members, two shall be eminent and distinguished academicians not below the rank of professor from the State Higher Educational Institutions and five shall be eminent experts.
Clause 7 of the Bill seeks to provide for the responsibility of the Chairperson and Member Secretary of the Commission.
Clause 8 of the Bill seeks to provide for meetings of the Commission and procedure to be followed at the meetings. The Commission may invite, as special invitees, the Heads of such other bodies as the Commission deems fit, provided that when the Commission is deciding upon a matter pertaining to the exclusive domain of any specific Professional Body, the Commission may invite nominees of the said Body.
Clause 9 of the Bill seeks to provide for functions of the Commission which inter alia, include—(a) provide high level strategic direction for comprehensive and holistic growth of higher education and research in a competitive global environment; (b) develop a roadmap for transforming higher educational institutions into large multi-disciplinary education and research institutions; (c) develop a roadmap for promoting India as an education destination; (d) develop a roadmap for integration and promotion of Bharatiya knowledge, languages and arts across the multi-disciplinary higher education system; (e) provide strategic direction for synergistic functioning of the Councils established under the proposed legislation and ensure coordination between them; (f) provide financial support for proper functioning of the Councils; and (g) formulate and suggest such schemes to the Central Government for improvement of quality of education.
Clause 10 of the Bill seeks to provide for establishment of Viksit Bharat Shiksha Viniyaman Parishad (Regulatory Council), under the proposed legislation, which shall function as the common regulator of higher education in India.
Clause 11 of the Bill seeks to provide for the functions of Regulatory Council which inter alia, include—(a) require that all higher educational institutions attain full accreditation and thereby autonomy in a graded manner, to transform the current higher education sector into one comprising autonomous, vibrant and empowered multidisciplinary higher educational institutions with high-quality education, research, and service including integrated vocational education, training and skilling programs; (b) require full online and offline public self-disclosure of all finances, audits, procedures, infrastructure, faculty, courses, educational outcomes and accreditation-related information by higher educational institutions on a public website maintained by the Regulatory Council and on the websites of institutions; (c) require that all academic, administrative and financial affairs of higher educational institutions are conducted lawfully and reported truthfully and transparently on the public website maintained by Regulatory Council and on the websites of institutions; (d) take swift corrective action in not later than sixty days in cases of dishonest public self-disclosure or any other academic, administrative or financial impropriety; (e) require that students have free access to a fair, transparent and robust grievance redressal mechanism; (f) dispose of complaints or grievances received against the higher educational institutions from the stakeholders; (g) require that the minimum standards for setting up and operation of higher educational institutions as determined by the Standards Council are complied with; (h) develop a model and roadmap for setting up and operation of higher educational institutions; (i) specify standards for select foreign universities to operate in India, with the prior approval of the Central Government; and (j) facilitate high performing Indian Universities to set up campuses in other countries, with the prior approval of the Central Government.
Clause 12 of the Bill seeks to provide for establishment of constituent colleges, off-campuses and multiple campuses.
Clause 13 of the Bill seeks to provide for establishment of the Viksit Bharat Shiksha Gunvatta Parishad (Accreditation Council) which shall consist of a President and other Members not exceeding fourteen in number. Of the fourteen members, two shall be eminent and distinguished academicians, not below the rank of Professor; two shall be eminent and distinguished academician, not below the rank of Professor from a State Higher Educational Institutions; one person shall be representing the Council of Architecture; three shall be eminent and distinguished academician not below the rank of Professor from the Institutions of national importance; and two shall be eminent experts.
Clause 14 of the Bill seeks to provide for functions of the Accreditation Council. The Accreditation Council shall function as an accrediting body to supervise and oversee independent ecosystem of accreditation. The functions of Accreditation Council shall inter alia, include—(a) develop an outcome based Institutional Accreditation Framework in consultation with relevant stakeholders, which shall be used to assess and accredit higher educational institutions leading to accreditation with or without open and distance learning, online or digital learning, or any other form of learning, as the case may be; (b) carry out accreditation using technology driven systems operated through the public website referred to in clause (b) of sub-section (2) of section 11; (c) empanel and de-empanel accrediting institutions, as the case may be, to develop a high-quality and high-integrity accreditation system with adequate capacity to meet the requirements for accreditation of higher educational institutions; (d) monitor and review the performance of accrediting institutions; (e) compile and disseminate all accreditation related information regarding the accreditation of higher educational institutions to the public including stakeholders for ensuring the highest degree of probity is maintained through complete transparency; and (f) recommend to the Regulatory Council for imposition of penalties referred to in section 33 for contravention of the matters relating to accreditation of higher educational institutions.
Clause 15 of the Bill seeks to provide for establishment of the Viksit Bharat Shiksha Manak Parishad (Standards Council) which shall consist of a President and other Members not exceeding fourteen in number. Of the fourteen Members, two shall be eminent and distinguished academicians not below the rank of Professor; one shall be eminent and distinguished academician not below the rank of Professor, from a State Higher Educational Institution; one shall be nominee of States and Union territories, on a rotation basis; one person shall be representing the Council of Architecture; three shall be eminent and distinguished academician not below the rank of Professor from the Institutions of national importance; and two shall be eminent experts.
Clause 16 of the Bill seeks to provide for functions of the Standards Council which shall inter alia, include—(a) frame expected learning outcomes (also referred to as ‘graduate attributes’) for higher education programmes which may guide higher educational institutions; (b) provide guiding principles for learning outcomes, to ease the integration of vocational education into higher education; (c) provide the nomenclature of “certificate” and “diploma”, and the levels of educational qualifications, other than “Doctor of Philosophy”, “degree”, “diploma” and “certificate”, which may be awarded by any higher educational institution, in consultation with the Central Government; (d) provide the norms for credit transfers, equivalence and other related matters to facilitate mobility of students; (e) develop a suggested broad framework of higher education qualifications for institutions and programmes and across the open and distance learning, online, and the traditional ‘in-class’ modes, within which institutions and faculty shall have the autonomy to innovate on matters of curriculum, pedagogy, and assessment; (f) promote quality of academic instruction and determine minimum academic standards in higher educational institutions; (g) lay down clear minimum standards for setting up and operation of higher educational institutions; (h) develop a perspective plan for determination of academic standards in higher educational institutions; and (j) perform such other functions as may be prescribed by rules.
Clause 17 of the Bill seeks to provide for empowerment of University or an Institution specially empowered by an Act of Parliament, to confer or grant degrees, or a higher educational institution empowered under this proposed legislation.
Clause 18 of the Bill seeks to provide for the Chairperson of the Commission shall be a person of eminence and reputation to be appointed in honorary capacity by the President of India on the recommendations of the Central Government.
Clause 19 of the Bill seeks to provide for qualification for appointment as Presidents and Full-time members of Councils.
Clause 20 of the Bill seeks to provide for appointment of Presidents and Members of Councils and Member-Secretary of Commission and Councils. The Presidents and full-time members of the Councils shall be appointed by the President of India on the recommendations of a Search-cum-Selection Committee.
Clause 21 of the Bill seeks to provide for composition of Search cum selection Committee. The Committee shall consist of two eminent experts nominated by the Central Government and the Secretary to the Government of India in the Ministry or Department dealing with Higher Education as an ex officio Member.
Clause 22 of the Bill seeks to provide for term of office for Chairperson of the Commission, Presidents of each of the Councils, Members of the Commission and Councils, and nominees of States and Union territories with respect to Regulatory Council and Standards Council.
Clause 23 of the Bill seeks to provide for filling of casual vacancies in Commission or Councils.
Clause 24 of the Bill seeks to provide for removal of Chairperson of Commission or any other Member of Commission or Presidents of Councils or Members of Councils.
Clause 25 of the Bill seeks to provide for declaration by Chairperson or any other Member of Commission or Presidents or Members of Councils after appointment and every year thereafter to the extent of his interest, whether direct or indirect and whether pecuniary or otherwise, in any institution of research or higher education institution or in any other professional or financial activity.
Clause 26 of the Bill seeks to provide restriction on Chairperson or full-time Members of the Commission or the Presidents or the full-time Members of the Councils to accept any employment in, or connected with their domain of duty as Chairperson or Members of the Commission, Presidents or full-time Member of the Council, as the case may be, for a period of two years from the date on which they cease to hold office.
Clause 27 of the Bill seeks to provide for Salary, allowance, and other terms and conditions of service of Presidents and other full-time Members of respective Councils and Member-Secretary of Commission and Councils.
Clause 28 of the Bill seeks to provide for no act or proceeding of the Commission shall be invalid merely by the reason of any vacancy or any defect in the constitution of the Commission or the Councils or any defect in the appointment of a person action as a Chairperson of the Commission or President of the Council or any irregularity in the procedure of the Commission or Councils not affecting the merits of the case.
Clause 29 of the Bill seeks to provide for making and subscribing to an oath of office and of secrecy by the Chairperson and Members of the Commission, and the President and Members of the respective Councils before entering upon their office.
Clause 30 of the Bill seeks to provide for head offices of the Commission and the Councils.
Clause 31 of the Bill seeks to provide for separate secretariats for the Commission and each of the Councils for the efficient performance of their functions.
Clause 32 of the Bill seeks to provide for the Chairperson and Presidents of the Councils, and Members, officers and employees of the Commission or Councils shall be deemed to be public servants.
Clause 33 of the Bill seeks to provide for imposition of penalties by the Regulatory Council for contravention of the provisions of this proposed legislation, or the rules or the regulations made thereunder.
Clause 34 of the Bill seeks to provide for adjudication of the penalties under this proposed legislation and for the said purpose the Regulatory Council shall set up an adjudicatory mechanism, as may be prescribed by the rules.
Clause 35 of the Bill seeks to provide for crediting of all sums realised by way of penalties under the proposed legislation to the Fund.
Clause 36 of the Bill seeks to provide for the Regulatory Council to take steps to ensure that the imposition of any penalty under the proposed legislation does not affect the interests of students or because any monetary repercussions for the students enrolled therein.
Clause 37 of the Bill seeks to provide for appeal against the order or decision of the Commission or any of the Councils to the Central Government within such period and in such manner, as may be prescribed by the rules and such decision shall be binding on the parties.
Clause 38 of the Bill seeks to provide for the grant by the Central Government may, after due appropriation made by the Parliament by law in this behalf, of such sums of money to the Commission, as the Government may think fit for being utilised for the purposes of the proposed legislation and the Commission may make due appropriation to the Councils.
Clause 39 of the Bill seeks to provide for the Fund of the Commission to be called as the Viksit Bharat Shiksha Adhishthan Fund and all sums which may, from time to time, be granted to it by the Central Government and all the receipts of the Commission and the Councils shall be carried to the Fund and payments by the Commission and the Councils shall be made therefrom and the Commission may spend such sums as it thinks fit for performing its functions under the proposed legislation.
Clause 40 of the Bill seeks to provide for preparation of budget by the Commission in coordination with the Councils in respect of the next financial year showing the estimated receipts and expenditure.
Clause 41 of the Bill seeks to provide for maintenance of proper accounts of the Commission in coordination with the Councils in consultation with the Comptroller and Auditor-General of India. The accounts of the Commission and the Councils as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded by the Commission annually to the Central Government which shall cause the same to be laid before each House of Parliament.
Clause 42 of the Bill seeks to provide for furnishing of returns on reports and statements, containing such particulars in regard to any matter under the jurisdiction of the Commission or the Councils to the Central Government, as the Central Government may, from time to time, require. The Commission in coordination with the Councils shall prepare once in every year, an annual report giving a summary of activities of the Commission and the Councils during the previous year and forward the copy of report to the Central Government which shall be laid before each House of Parliament.
Clause 43 of the Bill seeks to provide for temporary association of persons with Commission or Councils for particular purposes as may be specified by regulations made under the proposed legislation, with the approval of Central Government and such persons shall have a right to take for in the discussion relevant to that purpose but shall not have a right to vote a meeting of the Commission or the Councils, as the case may be, and shall not a Member for any other purpose.
Clause 44 of the Bill seeks to provide for all orders, decisions and other instruments issued by the Commission and Councils shall be authenticated by the signature of the Member Secretary of the Commission or Council, as the case may be.
Clause 45 of the Bill seeks to provide for the power of the Central Government to issue direction to the Commission on questions of policy.
Clause 46 of the Bill seeks to provide for the delegation of powers and functions by the Commission or the Councils to any Member or Member Secretary, except the power to make regulations under section 51.
Clause 47 of the Bill seeks to provide for power of the Central Government to supersede Commission and Councils established under this proposed legislation. If the Central Government is of the opinion that the Commission or any of the Councils is unable to discharge the functions and duties imposed on it by or under the provisions of this proposed legislation, or the Commission or the Councils has persistently made default in complying with any direction given by the Central Government under this proposed legislation or in the discharge of the functions and duties imposed on it by or under the provisions of this proposed legislation, the Central Government may, with the prior approval of the President of India, by order published in the Official Gazette, supersede the Commission or the Councils, as the case may be, for such period, not exceeding six months, as may be specified in the order.
Clause 48 of the Bill seeks to provide for protection to the office bearer or officer of the Commission or Council for anything which has been done or intended to be done in good faith under the proposed legislation.
Clause 49 of the Bill seeks to provide for the provisions of the proposed legislation shall have effect irrespective of anything inconsistent therewith contained in any other law for the time being in force.
Clause 50 of the Bill seeks to provide for power of the Central Government to make rules, subject to the condition of previous publication, not inconsistent with the provisions of this Act for carrying out the provisions of this proposed legislation.
Clause 51 of the Bill seeks to provide for the power of the Commission or the respective Councils, subject to the condition of previous publication, to make regulations consistent with the provisions of this Act and the rules made thereunder for carrying out the purposes of this proposed legislation.
Clause 52 of the Bill seeks to provide for laying of every rule and regulation made and every notification issued under the proposed legislation before each Houses of Parliament.
Clause 53 of the Bill seeks to provide for the power of the Central Government to remove difficulties by order published in the Official Gazette if any difficulty arises in giving effect to the provisions of this proposed legislation before the expiry of a period of three years from the commencement of the proposed legislation.
Clause 54 of the Bill seeks to provide for transitional provisions. Until appointment of the Chairperson of the Commission, Presidents and full-time Members of the respective Councils, Member Secretary of the Commission and the Councils and such other Members takes effect, the Central Government shall, as a transitory measure, by notification, appoint the first Chairperson of the Commission, the President and full-time Members of the respective Councils, Member Secretary of the Commission and the Councils and such other Members, for a period of two years or till the constitution of the Commission and the Councils under the provisions of this Act, whichever is earlier. The University Grants Commission (UGC), the All India Council for Technical Education (AICTE) and the National Council for Teacher Education (NCTE) established under the University Grant Commission Act, 1956, the All India Council for Technical Education Act, 1987 and the National Council for Teacher Education Act, 1993 respectively shall continue to be in force and operate, till the Commission and Councils are established under this proposed legislation.
Clause 55 of the Bill seeks to provide for repeal and savings under the proposed legislation. The University Grant Commission Act, 1956, the All India Council for Technical Education Act, 1987 and the National Council for Teacher Education Act, 1993 shall stand repealed and the University Grant Commission, the All India Council for Technical Education and the National Council for Teacher Education established under these Acts shall stand dissolved with effect from such date as the Central Government may appoint in this behalf. Even after repeal of these Acts, the educational standards, requirements and other provisions of the University Grant Commission, the All India Council for Technical Education and the National Council for Teacher Education and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder.
FINANCIAL MEMORANDUM
Sub-clause (1) of clause 5 of the Bill provides for constitution of the Viksit Bharat Shiksha Adhishthan (the Commission) to exercise the powers conferred upon, and perform the functions assigned to it.
Sub-clause (1) of clause 10 provides for establishment of a Viksit Bharat Shiksha Viniyaman Parishad (Regulatory Council) which shall function as the common regulator of higher education in India.
Sub-clause (1) of clause 13 provides for establishment of Viksit Bharat Shiksha Gunvatta Parishad (Accreditation Council) which shall function as an accrediting body to supervise and oversee independent ecosystem of accreditation.
Sub-clause (1) of clause 15 provides for establishment of a Viksit Bharat Shiksha Manak Parishad (Standards Council) which shall take all such steps as it may think fit for the determination of academic standards in higher educational institutions for higher education.
Clause 20 provides for appointment of Presidents and Members of Councils, Members of the Commission and Member Secretaries of Commission and Councils.
Clause 27 provides for salaries and allowances of the Presidents and full-time Members of the Councils and Member Secretaries of the Commission and the Councils.
Clause 31 provides for separate secretariats of the Commission and each of the Councils for the discharge of responsibilities and efficient performance of its functions under this Act.
Sub-clause (1) of clause 38 provides for grants by the Central Government to the Commission, after due appropriation made by Parliament by law in this behalf.
Clause 39 provides that the Commission shall have its own Fund to be called the Viksit Bharat Shiksha Adhishthan Fund. The funds shall be applied for carrying out provisions of this Act and any functions assigned by the Central Government to the Commission and Councils thereunder.
Sub-clause (2) of clause 55, inter alia, provides that all property, movable and immovable, of or belonging to the University Grants Commission, All India Council for Technical Education and National Council for Teacher Education shall vest in the Commission or any of the Councils as may be decided by the Central Government and hence, the budgetary support by the Central Government to the Commission and its Councils is estimated not to exceed the level of the current budgetary support given to the University Grants Commission, the All India Council for Technical Education and the National Council for Teacher Education.
Sub-clause (5) of clause 55, inter alia, provides that every person employed on a regular basis by the University Grants Commission, All India Council for Technical Education or National Council for Teacher Education, as the case may be, immediately before the commencement of this Act shall be deemed to be employed by the Commission or any of the Councils, as may be decided by the Commission, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same, if this Act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the rules or regulations.
2. The Fund shall be used for meeting the salaries and allowances payable to the Presidents of Councils, full-time Members of the Councils, Member Secretaries of the Commission and Councils and the administrative expenses including the salaries, allowances payable to the officers and other employees of the Commission, and the other expenses of the Commission in connection with the discharge of its functions relating to its establishment and maintenance.
3. It is proposed to keep the funding to the centrally funded higher educational institutes out of the purview of the Viksit Bharat Shiksha Adhishthan. The National Education Policy, 2020 also envisions that the function of funding should be segregated from the Councils performing the functions of academic standard setting, regulation and accreditation. Thus, to ensure that the Standards Council, Regulatory Council and the Accreditation Council fully discharge their specific domain functions, the function of disbursal of grants to the centrally funded higher educational institutions shall be accordingly ensured through mechanisms devised by the Ministry of Education. This will also ensure that the funding to the Institutions of national importance under the administrative purview of the said Ministry will be continued and thus does not impact the financial autonomy presently accorded to the Institutions of national importance.
4. As the actual expenditure would depend on the number of meetings of the Commission and the Councils, recurring and non-recurring expenditure cannot be anticipated at this stage.
MEMORANDUM REGARDING DELEGATED LEGELATION
Sub-clause (1) of clause 5 of the Bill empowers the Central Government to appoint and constitute a Commission to be known as the Viksit Bharat Shiksha Adhishthan, by notification.
Sub-clause (1) of clause 10 of the Bill empowers the Central Government to appoint and establish a Regulatory Council to be known as the Viksit Bharat Shiksha Viniyaman Parishad, by notification.
Sub-clause (1) of clause 13 of the Bill empowers the Central Government to appoint and establish an Accreditation Council to be known as the Viksit Bharat Shiksha Gunvatta Parishad, by notification.
Sub-clause (1) of clause 15 of the Bill empowers the Central Government to appoint and establish a Standards Council to be known as the Viksit Bharat Shiksha Manak Parishad, by notification.
Sub-clause (1) of clause 46 empowers the Commission or the Councils, as the case may be, by notification, to delegate to any Member or Member Secretary, subject to such conditions, if any, as may be specified in such notification, such of its powers and functions under this Act, except the power to make regulations under section 51, as it may deem necessary.
Sub-clause (1) of clause 47 of the Bill empowers the Central Government to supersede the Commission or the Councils, as the case may be, for such period, not exceeding six months, with the prior approval of the President of India, by order published in the Official Gazette, if at any time the Central Government is of the opinion that (a) the Commission or any of the Councils is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) the Commission or the Councils, as the case may be, established under this Act has persistently made default in complying with any direction given by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act.
Sub-clause (1) of clause 50 of the Bill empowers the Central Government to make rules for carrying out the provisions of the proposed legislation. Sub-clause (2) of the said clause specifies the matters in respect of which such rules may be made. These matters, inter alia, include––
(a) the other functions of the Commission under clause (l) of section 9; (b) the other functions of the Regulatory Council under clause (r) of sub-section (2) of section 11; (c) the manner in which any existing or newly accredited university shall establish constituent college, off-campuses and multiple campuses under sub-section (2) of section 12; (d) the other functions of the Accreditation Council under clause (i) of sub-section (2) of section 14; (e) the other functions of the Standards Council under clause (k) of sub-section (2) of section 16; (f) the manner in which other Members of the Commission and the Councils shall be appointed by the President of India on the recommendations of the Central Government under sub-section (2) of section 20; (g) the manner in which Member Secretary of the Commission and Councils shall be appointed by the Central Government under sub-section (3) of section 20; (h) the term of the Search-cum-Selection Committee and the manner of selection of panel of names under sub-section (2) of section 21; (i) the manner and period of inquiry for removal of Chairperson, President and full-time Members of the respective Councils under sub-section (1) of section 24; (j) the manner in which other Members of the Commission or the Councils, as the case may be, may be removed by the Central Government under sub-section (4) of section 24; (k) the manner in which declaration shall be made by the Chairperson or any other Member of the Commission or the President or the Members of the respective Councils under sub-section (1) of section 25; (l) the salary and allowances payable to, and the other terms and conditions of service of the Presidents and full-time
Members of the respective Councils and Member Secretary of the Commission and the Councils, under sub-section (1) of section 27; (m) the form, manner, and authority before which the Chairperson and Members of the Commission and Presidents of the Councils and its Members shall before entering upon their office, make and subscribe to an oath of office and of secrecy under section 29; (n) the Secretariats for the Commission and Councils under section 31; (o) the manner for closure of such higher educational institution established without the approval of the Central Government or appropriate State Government under sub-section (2) of section 33; (p) the manner of setting up of adjudicatory mechanism by the Regulatory Council under section 34; (q) the period and manner for preferring an appeal against the order of the Commission or any of the Councils before the Central Government under section 37; (r) the form and period at which the budget is to be prepared by the Commission under section 40; (s) the form and manner in which the Commission shall maintain accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 41; (t) the form, manner and period within which the Commission shall furnish to the Central Government reports and statements under sub-section (1) of section 42; (u) the form and period at which the Commission in coordination with the Councils shall prepare, once in every year, an annual report under sub-section (2) of section 42; and (v) any other matter to be provided by rules for carrying out the provisions of this Act.
Sub-clause (1) of clause 51 of the Bill empowers the Commission and the Councils to make regulations for carrying out the provisions of the proposed legislation. Sub-clause (2) of the said clause specifies the matters in respect of which such rules may be made. These matters, inter alia, include––
(a) the procedure in regard to transaction of business at meetings of the Commission including quorum at such meetings under sub-section (1) of section 8; (b) the manner to invite such experts as may be determined by the Regulatory Council as ‘special invitees’ for their meetings under sub-section (5) of section 10; (c) the functions of the Regulatory Council under clauses referred to in sub-section (2), other than clauses (d), (e), (j), (o), (p), (q) and (r), under sub-section (3) of section 11; (d) the manner of authorisation for accredited higher educational institutions, other than a University, to grant degrees under sub-section (4) of section 11; (e) the procedure in regard to transaction of business at meetings of the Regulatory Council (including quorum at such meetings) under sub-section (6) of section 11; (f) the manner to invite such experts as may be determined by the Accreditation Council as ‘special invitees’ for their meetings under sub-section (5) of section 13; (g) the functions of the Accreditation Council under clauses referred to in sub-section (2), other than clauses (f), (g), (h) and (i), under sub-section (3) of section 14; (h) specifying the Institutional Accreditation Framework under sub-section (4) of section 14; (i) the procedure in regard to transaction of business at meetings of the Accreditation Council (including quorum at such meetings) under subsection (6) of section 14; (j) the manner to invite such experts as may be determined by the Standards Council as special invitees for their meetings under sub-section (5) of section 15; (k) the functions of the Standards Council under clauses referred to in sub-section (2), other than clauses (b), (c), (h), (i), (k) and (l) under sub-section (3) of section 16; (l) the procedure in regard to transaction of business at meetings of the Standards Council (including quorum at such meetings) under sub-section (4) of section 16; (m) the manner and purposes for which the Commission and Councils may associate with such persons for assistance or advice under sub-section (1) of section 43; and (n) the manner for protecting the institutional autonomy and independence accorded to the Institutions of national importance and the institutions of eminence under section 49.
Sub-clause (2) of clause 54 empowers the Central Government, by an order published in the Official Gazette notification, to appoint the first Chairperson of the Commission, the President and full-time Members of the respective Councils, Member Secretary of the Commission and the Councils and such other Members, for a period of two years or till the constitution of the Commission and the Councils under the provisions of this Act, whichever is earlier, as a transitory measure, until the appointment of the Chairperson of the Commission, the Presidents and full-time Members of the respective Councils, Member Secretary of the Commission and the Councils and such other Members takes effect.
2. The matters in respect of which rules or regulations may be made or notifications or orders may be issued in accordance with the provisions of this Bill are matters of procedure or administrative detail and it is not practicable to provide for them in the Bill itself.
3. The delegation of legislative power is, therefore, of a normal character.
LOK SABHA
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A
BILL
to enable and empower the Universities and other higher educational institutions to achieve excellence in teaching, learning, research and innovation, through coordination and determination of standards in institutions for higher education or research and scientific and technical institutions, and for that purpose to constitute a Viksit Bharat Shiksha Adhishthan, to facilitate the Universities and other higher educational institutions to become independent self-governing institutions and to promote excellence through a robust and transparent system of accreditation and autonomy, and for matters connected therewith or incidental thereto.
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(Shri Dharmendra Pradhan, Minister of Education)
