UGC closes the deadline for FHEI Draft Norms on 20th Feb. Let’s discuss everything about these regulations

Heard of Foreign Universities coming to India ?

We guess you must have ! Its’ because all those headlines have been dominating your newsfeeds for all this while. But right after various requests from the stakeholders, UGC has again extended the deadline for feedback on Draft Regulations for setting up Foreign HEIs.

Earlier the deadline was extended until 3rd February, 2023, but yet again UGC has fixed the new date as 20th February, 2023. (Source: Telegraph India )

And this draft has been making a lot of waves on social media and sparking new discussions among the circles of Higher Education Officials.

The air is turning even more interesting with experts pitching their views on the pros and cons of this decision. So, why not take a tour of all these regulations and jump on conclusions right after understanding UGC’s perspective?

Come let’s get started.

What is this Draft on Foreign Higher Education Institutes?

This Draft goes by the name- ?

University Grants Commission (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations, 2023.

Now let’s decode the definitions of What is an FU and what is an FEI.

1.??????FOREIGN UNIVERSITY (FU):

• This means a university that is:

+ Duly Recognized

+ Established, or

+ Incorporated

in any legal manner. (such as Trust/Society/Company/Statutory/other legal forms)

This University must be in the country where it is duly authorized to offer Academic and Research Programmes at the UG or higher levels and also within and outside its home jurisdiction;

2.??????FOREIGN EDUCATION INSTITUTION (FEI):

• FEI means an educational institution in a foreign country, that’s:

+ Duly Recognized

+ Established, or

+ Incorporated

in any legal manner. (such as Trust/Society/Company/Statutory/other legal forms)

This FEI should be in the foreign country where it is duly authorized to offer Academic and Research Programmes at the UG or higher levels and also within and outside its home jurisdiction;

3.??????Foreign Higher Educational Institute (FHEI): FU + FEI

And finally it’s time we take a look on the 10 Points that attempt to share the draft in as lucid way as possible.

1)?????Eligibility Norms

2)?????Procedure

3)?????Admission & Fee Structure

4)?????Faculty & Staff

5)?????General Conditions

6)?????Annual Reports & Maintenance of Accounts

7)?????Safeguarding Student’s Interest

8)?????Right to Inspect

9)?????Consequences of Violation

10)??Interpretation

Come let’s understand them one by one.

1.)?ELIGIBILITY NORMS?

1.??????Mandatory UGC Approval: To setup their campus in India, FHEIs shall have to take mandatory approval from UGC.

2.??????Mandatory Criteria:

+ Top 500 Global Rankings: The FU must have secured ranking in top 500 within overall/subject-wise global rankings.

+ Reputed Institution: The FEI/applicant should be a Reputed Institution in its home jurisdiction.?

2.)?PROCEDURE?

1.??????Online Application: If an FHEI fulfils the eligibility criteria, then they shall have to apply online to the UGC. Plus, the FHEIs shall have to pay the non-refundable processing fee too.

2.??????Documents: FHEIs will have to submit these documents along with the application:

+ Governing Body’s permission to establish/setup their campus in India

+ Proper Details and Information on:

(a)???Infrastructural Facilities

(b)??Availability of Faculty

(c)???Fee Structure

(d)??Academic Programmes

(e)??Courses

(f)????Curriculum, and

(g)???Financial Resources

All these details are sought to learn about FHEIs’ plan to setup and operate their Indian campus.

+ Alternative Arrangements:

FHEIs shall have to furnish the details of Alternative Arrangements in case of:

(1)???Programme Disruption

(2)???Discontinuation or Closure of the Campus?

And this becomes all the more important for UGC, because it also has to think on safeguarding the interests of students if the aforementioned cases arise in the future.

+ Undertaking: FHEIs shall have to submit and undertaking on the following:

• Equal Benchmarks: FHEIs shall have to assure that education imparted in Indian Campuses is going to be at par with the education imparted on the main campus of their Country of Origin. ?
• Equal Qualification Level: The qualifications awarded to students in the Indian Campus shall be recognized and treated equally with the corresponding courses offered by the FHEI on the main campus of originating country. Moreover, these qualifications shall have to be treated equally for the purposes of further higher education and employment, as well as for other purposes too. ?

+ Assurance Report: They’ll have to submit the latest Accreditation/Quality Assurance Report obtained from a recognized Body.

+ Other Documents: As specified in the Application Portal of UGC.

3.??????Constitute a Standing Committee: UGC shall form a Committee that will perform the task of assessing each application on:

• Its merits
• Credibility of Educational Institutions
• Programmes to be offered
• Potential to strengthen educational opportunities in India
• Proposed Academic Structure

Plus, this committee will make its recommendation on the basis of the aforementioned points. ?

4.??????Recommendation of Standing Committee: This committee shall present its recommendations before the UGC, within a stipulated time of 45 days from the date of receiving the complete application from the FHEI.?

• Approval to Setup Campus: After listening and understanding of the recommendations, the UGC grants an in-principal proposal and a LOI (Letter of Intent) to the FHEI. These documents are meant to invite FHEI to setup their campus in India within 2 years from the date of approval.

N.B.: UGC reserves the right to give an extension, on case-to-case basis. ?

5.??????Convey the Readiness to Setup: The FHEI shall have to convey to the UGC, about its readiness to start the academic operations. The Standing Committee shall examine the readiness of the campus and give further recommendations.??

6.??????Permission to Establish Indian Campus: UGC shall consider the recommendations of the committee and issues a notification to start the operations of the campus in India, with or without conditions. This permission shall be initially granted for a period of 10 years. ?

• Annual Fee Payment: FHEI shall have to pay an annual fee to the UGC from 2nd year onwards. The amount for fees shall be decided by the UGC from time to time. ?

7.??????Application for Renewal: The FHEI shall have to apply for renewal of operations of their India Campus at least 1 year prior to the expiry of their approved tenure. They’ll have to apply online for the renewal process and pay a non-refundable processing fee too.

N.B.: UGC shall grant the renewal for further period of 10 years.

3.)?ADMISSION & FEE STRUCTURE?

(A)??Intake: The FHEI should have the admission process and criterion to admit domestic as well as foreign students.

(B)??Fees: Should be transparent and Reasonable.

(C)??Prospectus on Website: At least 60 days before the commencement of admissions, the FHEI shall have to make the prospectus available on its website. The prospectus must include:

+ Fee Structure????+ Refund Policy?????+ No. of Seats in Programme???+ Eligibility Qualifications????+ Admission Process

(D)??Scholarships: FHEIs may grant full or partially funded scholarships from funds, such as:

+ Tuition Revenues?????+?Alumni Donations???????+ Endowment Funds, and???+ Other Sources ?

4.)???FACULTY & STAFF?

• Autonomy: FHEIs shall enjoy the autonomy to recruit faculty and staff from India and abroad as per their recruitment norms.
• Decision: While appointing Staff, FHEIs may decide upon the:

+ Qualifications????+ Salary Structure, and??????????+ Other conditions of service

For appointing faculty and staff.

N.B. FHEIs will have to ensure that qualifications of the appointed faculty must be at par with the main campus in their country of origin.

• Stay of Foreign Faculty: FHEIs shall ensure that Foreign Faculty appointed to teach at their Indian Campus, shall stay at the same campus for a reasonable amount of time.?

5.)??GENERAL CONDITIONS?

1.??????Admission & Fees: FHEI cannot collect fees and admit students unless it has received approval to setup its Indian Campus.

2.??????Only Offline: Programmes offered by the FHEI in their Indian Campus shall not be offered in Online or Online Distance Learning (ODL) mode.

3.??????Equivalent: Qualifications awarded under these regulations shall be treated equivalent to the corresponding degree offered by an Indian HEI. And these stipulations shall apply:

(A)??No further requirement to seek equivalence from any authority

(B)??The degree from FHEI shall have same benefits, rights and privileges as offered by an Indian HEI

4.??????Financial Resources: The FHEI must have ample financial resources to establish & operate its campus in India

5.??????Physical Infrastructure: The FHEIs must arrange for adequate physical infrastructure

Respects National Interest of India: FHEIs shall not offer any course or programme that harms the National Interest of India or the standards of higher education in India.

6.) ANNUAL REPORT & MAINTENANCE OF ACCOUNTS?

1.??????Submission of Annual Report: An annual report shall have to be submitted by the FHEI to the UGC. This report must have:

+ Details of Programs offered

+ Number of Students admitted

+ Number of Students passed out

+ Qualifications Awarded

This Annual Report should be available on the website of FHEI ?

2.??????Compliance with FEMA 1999: All these activities shall be as per the FEMA and its Rules:

+ Cross border movement of funds

+ Maintenance of Foreign Currency Accounts

+ Modes of Payment, Remittance, Repatriation and Sale of Proceeds?

3.??????Submission of Audit Report: The FHEI shall submit an audit report every year to the UGC wherein it shall have to certify that all of its operations are in compliance with FEMA 1999 and the relevant Rules/Laws/Acts/Regulations/Policies.

7.) SAFEGUARDING STUDENT’S INTERESTS ?

1.??????Prior Approval: The FHEI shall have to take prior approval if it wishes to discontinue or close any of its programme or courses or even when it wishes to close the campus.

2.??????Provision of Alternative: In case of any disruption or discontinuation, the Parent Entity shall be responsible for providing an alternative to the affected students.

3.??????Grievance Redressal: FHEI shall have a mechanism to address students’ grievances. In case they don’t redress them, students may appeal to the UGC.

8.)??RIGHT TO INSPECT

UGC shall have the rights to inspect the campus of FHEI and its operations at any time, in order to ascertain:

+ Academic Programmes

+ Infrastructure

+ Overall Quality & Suitability?

9.) CONSEQUENCES OF VIOLATION

UGC shall impose a:

+ Penalty

+ Suspension

+ Withdrawal of approval

at any time, when it comes across these violations on part of the FHEI:

1.??????Regulations: When the campus of FHEI has failed to adhere to or has violated the Regulations

2.??????Against National Interests: When its activities and programmes are against the National Interests of India.

3.??????Failure to Abide: By the undertaking furnished during application.

4.??????Engagement in Other Operations: Other than the ones permitted under these regulations

Other Cases: In case of misappropriation or suppression of facts.

10.)??????INTERPRETATION?

1.??????Power to Clarify: The UGC shall have all the powers to clarify doubts, difficulty or anomalies about bringing these regulations into action.

2.??????Disputes: All disputes w.r.t the setting up and operations of FHEI shall be governed by Indian Law.

So, what’s next ?

Seems it’s all over?

Not yet. UGC has just released this draft and anytime sooner we can expect final regulations too.

Until then, our team at Eduprogress will keep you updated about every new happening coming up in the field of Higher Education.

Thanks for reading this blog.

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