[TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART III, SECTION IV]
UNIVERSITY GRANTS COMMISSION
NOTIFICATION
New Delhi, the ________ of ____________, 2022
F. No. 1-38/2021 (DEB-I). - In exercise of the powers conferred by sub-section (1) of section
26 read with clause (j) of section 12 of the University Grants Commission Act, 1956 (3 of
1956) with the previous approval of Central Government, the University Grants Commission
hereby makes the following regulations to amend the University Grants Commission (Open
and Distance Learning Programmes and Online Programmes) Regulations, 2020, namely:-
1. Short title and commencement. - (1) These regulations may be called the University
Grants Commission (Open and Distance Learning Programmes and Online Programmes)
Second Amendment Regulations, 2022.
(2) These shall come into the force on the date of its publication in the Official Gazette.
2. In the University Grants Commission (Open and Distance Learning Programmes and
Online Programmes) Regulations, 2020 (hereinafter referred as the “principal
regulations”), in clause (3) of regulation 1 of the principal regulations, the following shall
be substituted, namely:—
“These regulations shall apply to a University referred to under clause (f) of section 2
of the Act, an Institution Deemed to be University under section 3 of the Act and an
Autonomous College:
Provided that the University Grants Commission may, by order, exempt a Higher
Educational Institution or Higher Educational Institutions from the application of
these regulations.”
3. In the principal regulations, after clause (c) in regulation 2, the following clause (ca) shall
be inserted, namely:—
“(ca) “Autonomous College” means a College that has been conferred the status of
an Autonomous College under the University Grants Commission (Conferment of
Autonomous Status Upon Colleges and Measures for Maintenance of Standards in
Autonomous Colleges) Regulations, 2018 and any amendments thereto;”
4. In the principal regulations, in clause (l) in regulation 2, the following shall be
substituted, namely:—
““Franchising” for the purpose of these regulations, means and includes the
practice of allowing, formally or informally, any person or institution or organisation,
other than the Higher Educational Institution recognized or entitled under these
regulations, to offer programmes of study through the Open and Distance Learning
Mode or the Online Mode on behalf or in the name of such Higher Educational
Institution, and the terms ‘franchise’ and ‘franchisee’ shall be construed accordingly.
Provided that the services provided by a Technology Service Provider to the Higher
Educational Institution as permissible under these regulations shall not be construed
as franchising;”
5. In the principal regulations, in clause (n) in regulation 2, the following shall be
substituted, namely:—
““Higher Educational Institution” means and includes a University referred to under
clause (f) of section 2 of the Act, an Institution Deemed to be University under section
3 of the Act and an Autonomous College which is offering programmes through
conventional mode and/or through Open and Distance Learning mode and/or through
Online mode, in the field of higher education or research therein;”
6. In the principal regulations, after clause (p) in regulation 2, the following clause (pa) shall
be inserted, namely:—
“(pa)“Intellectual Property Rights” means any and all rights associated with
intangible assets owned by person or institution or organisation and protected against
use without consent and include types, not limited to, patents, design, trademarks and
copyrights;”
7. In the principal regulations, in clause (x) in regulation 2, the following shall be substituted
namely:—
““Post Graduate Diploma” means a programme of study with a minimum duration
of one year or two years as approved by the statutory authorities of a Higher
Educational Institution and concerned statutory or regulatory body or council, as
applicable with graduation as the minimum entry level qualification;”
8. In the principal regulations, after clause (ze) in regulation 2, the following clause (zf)
shall be inserted, namely:—
“(zf) “Technology Service Provider” means any person or institution or
organisation having expertise in providing the services relating to the use of
technology as permissible under these regulations and as approved by the statutory
authorities of a Higher Educational Institution.”
9. In the principal regulations, in clause (A) in regulation 3, the following shall be
substituted, namely:—
“(A) Open and Distance Learning Mode: (a) Higher Educational Institutions having a
valid accreditation by the National Assessment and Accreditation Council with a
minimum score of 3.26 on a 4-point scale, or having a rank in the top-100 in the
‘University’ category or in the corresponding category (for an Autonomous College) of
the National Institutional Ranking Framework (NIRF), at least twice in three preceding
cycles (at the time of application), shall be permitted to offer programme(s) in Open and
Distance Learning mode without the prior approval of the Commission and upon
satisfying the following conditions:
(i) The Higher Educational Institution shall offer Undergraduate, Postgraduate
and Post Graduate Diploma programmes in permissible disciplines as per
these regulations in Open and Distance Learning mode and as per the UGC
notification on specification of degrees and in strict compliance with the
provisions of these regulations with the approval of the statutory authorities of
the Higher Educational Institution and the concerned statutory or regulatory
body or council, as applicable;
(ii) The Higher Educational Institution shall be required to submit application
and/or information in prescribed format along with prescribed fee and comply
to all the provisions of the regulations and shall be required to submit an
affidavit in the prescribed format to the UGC;
(b) Any Higher Educational Institution, may apply for offering programmes through
the Open and Distance Learning mode, which fulfils the following conditions,
namely:-
(i) shall be accredited by the National Assessment and Accreditation Council with
minimum score of 3.01 on a 4-point scale;
or
having a rank in the top-100 in the ‘University’ category or in the
corresponding category (for an Autonomous College) of the National
Institutional Ranking Framework (NIRF), at least once in two preceding cycles
(at the time of application):
Provided further that the NAAC condition mentioned above shall not be
applicable to the Open Universities already recognised by the Commission for
offering Open and Distance Learning Programmes for the academic year
2019-2020. These Open Universities shall be required to submit an affidavit
that they shall obtain NAAC accreditation prior to the completion of the
current recognition period, as specified in the Commission order already
issued, failing which the Commission shall not accord further recognition to
the programmes of such Open Universities under Open and Distance Learning
mode:
Provided also that the NAAC condition mentioned above shall not be
applicable to Open Universities seeking recognition for the first time from
principal regulations and shall be required to obtain National Assessment and
Accreditation Council (NAAC) accreditation within one year of their becoming
eligible for accreditation by the National Assessment and Accreditation
Council (NAAC), failing which the Commission shall not accord further
recognition to the programmes of such Open Universities under Open and
Distance Learning mode:
Provided also that an Institution Deemed to be University under section 3 of
the Act shall offer programmes in Open and Distance Learning mode in
accordance with the extant regulations of the Commission in respect of
Institutions Deemed to be University and in compliance of these regulations.”
10. In the principal regulations, in clause (B) in regulation 3, the following shall be
substituted, namely:—
“(B) Online Mode: (a) Higher Educational Institutions having valid accreditation by
the National Assessment and Accreditation Council with a minimum score of 3.26 on
a 4-point scale, or having a rank in the top-100 in the ‘University’ category or in the
corresponding category (for an Autonomous College) of the National Institutional
Ranking Framework (NIRF), at least twice in three preceding cycles (at the time of
application), shall be permitted to offer programmes in Online mode without the prior
approval of the Commission and upon satisfying the following conditions:
(i) The Higher Educational Institution shall offer Undergraduate, Postgraduate
and Post Graduate Diploma programmes in permissible disciplines as per
these regulations in Online mode and as per the UGC notification on
specification of degrees and in strict compliance with the provisions of these
regulations with the approval of the statutory authorities of the Higher
Educational Institution and the concerned statutory or regulatory body or
council, as applicable;
(ii) The Higher Educational Institution shall submit application and/or
information in prescribed format along with prescribed fee and comply to all
the provisions of the regulations and shall be required to submit an affidavit in
the prescribed format to the UGC;
Provided further that a Higher Educational Institution having valid accreditation by
the National Assessment and Accreditation Council with a minimum score of 3.26 on
a 4-point scale, or having a rank in the top-100 in the ‘University’ category or in the
corresponding category (for an Autonomous College) of the National Institutional
Ranking Framework (NIRF) at least twice in three preceding cycles shall be
permitted to enrol International Learners also.”
“(b) Any Higher Educational Institution, may apply for offering programmes through
the Online mode, which fulfils the following conditions, namely:-
(i) shall be in existence for at least three years; and
(ii) shall be accredited by the National Assessment and Accreditation Council
with minimum score of 3.01 on a 4-point scale;
or
shall be in the top-100 in the ‘University’ category or in the corresponding
category (for an Autonomous College) of the National Institutional Ranking
Framework (NIRF), for at least once in last two preceding cycles (at the time
of application):
Provided further that the condition mentioned at item (ii) of sub-clause (b)
shall not be applicable to the Open Universities already recognised by the
Commission for offering Open and Distance Learning programmes or Online
programmes for the academic year 2019-2020. These Open Universities shall
be required to submit an affidavit that they shall obtain National Assessment
and Accreditation Council (NAAC) accreditation prior to the completion of
the current recognition period, as specified in the Commission order already
issued, failing which the Commission shall not accord further recognition to
the programmes of such Open Universities under Online mode:
Provided also that the NAAC condition mentioned above shall not be
applicable to Open Universities seeking recognition for the first time from
principal regulations and shall be required to obtain National Assessment and
Accreditation Council (NAAC) accreditation within one year of their becoming
eligible for accreditation by the National Assessment and Accreditation
Council (NAAC), failing which the Commission shall not accord further
recognition to the programmes of such Open Universities under Open and
Distance Learning mode:
Provided also that an Institution Deemed to be University under section 3 of
the Act shall offer programmes in the Online mode in accordance with the
extant regulations of the Commission in respect of Institutions Deemed to be
University and in compliance with these regulations”
11. In the principal regulations, in sub-clause (v) of clause (A) in regulation 4 the following
shall be substituted, namely:—
“the entry level qualifications, curriculum, credit, duration and pass or fail criteria
shall be the same: (a) for a programme in Conventional mode and the proposed same
programme in Open and Distance Learning mode or Online mode in the case of a
Dual Mode University or an Autonomous College, as the case may be; and, (b) for a
programme in Open and Distance Learning mode and the proposed same programme
in Online mode in the case of an Open University;
Provided that this clause shall not be applicable where the Higher Educational
Institution proposes to offer a programme through the Open and Distance Learning
mode where the same programme is not being offered in the Conventional mode or
proposes to offer a programme through the online mode where the same programme
is not being offered either in conventional mode or ODL mode:
Provided further that for taking admission in any programme in Open and Distance
Learning and/or Online mode, the minimum requirement shall be obtaining the entry
level qualification only and higher percentage as cut off for admission shall not be
insisted.”
12. In the principal regulations, in sub-clause (x) of clause (A) in regulation 4, the following
shall be substituted for the Explanation, namely:—
“Explanation: (a) A Private University established under a State Act shall be eligible
to offer programmes through the Open and Distance Learning mode from its Head
Quarters only and duly recognised off-campus centre(s), and an Autonomous College
shall be eligible to offer programmes through the Open and Distance Learning mode
from its campus only;
(b) A Private University established under a State Act and an Autonomous College
shall not offer programmes through the Open and Distance Learning mode from a
Learner Support Centre;”
13. In the principal regulations, after sub-clause (x) of clause (A) in regulation 4, the
following sub-clause (xi) shall be inserted, namely:—
“(xi) in the case of an Autonomous College, a copy of such application has been
submitted to the Parent University as defined under the University Grants Commission
(Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of
Standards in Autonomous Colleges) Regulations, 2018 and any amendment thereto:
Provided that for the recognized or entitled programmes under Open and Distance
Learning mode and/or Online mode as per these Regulations, the Parent University
shall ensure enrolment of the learners admitted by Autonomous College.”
14. In the principal regulations, after sub-clause (x) of clause (A) in regulation 4, the
following sub-clause (xii) shall be inserted, namely:—
“(xii) Submission of the programme accreditation certificate for the programme
offered through the Open and Distance Learning mode or the Online mode, as the
case may be, seeking further recognition after the current period of recognition from
the academic session as notified by the Commission:
Provided that a Higher Educational Institution which is entitled to offer programmes
through the Open and Distance Learning mode or the Online mode, as the case may
be, shall submit programme accreditation certificate in respect of all the Open and
Distance Learning and/or Online programmes, as applicable, from the academic
session as notified by the Commission.”
15. In the principal regulations, in sub-clause (ii) of clause (B) in regulation 4, the following
shall be substituted, namely:—
“A Higher Educational Institution shall be eligible to offer programmes leading to
the award of a degree at the undergraduate and postgraduate levels, and the award of
a Post Graduate Diploma, as the case may be, through the Open and Distance
Learning mode even if such programme is not being offered by the Higher
Educational Institution through the Conventional mode:
Provided further that Science based programmes, which require hands-on experience,
experimental setup, shall be offered only by the Higher Educational Institutions
having NAAC score of 3.26 and above or by the Open universities or by the Higher
Educational Institutions having rank in top-100 in University category or in the
corresponding category (for an Autonomous College) of National Institutional
Ranking Framework (NIRF), at least twice in three preceding cycles:
Provided further that the science-based programmes shall only be offered by the
Higher Educational Institution from the Head Quarters or from such Learner Support
Centres which have been offering the same programme in the Conventional mode for
atleast seven years.”
16. In the principal regulations, in sub-clause (ii) of clause (C) in regulation 4, the following
shall be substituted, namely:—
“A Higher Educational Institution shall be eligible to offer programmes leading to
the award of a degree at the undergraduate and postgraduate levels, and the award of
a Post Graduate Diploma, as the case may be, through the Online mode even if such
programme is not being offered by the Higher Educational Institution through the
Conventional mode or the Open and Distance Learning mode:
Provided that any programme requiring practical or laboratory course as a
curricular requirement, shall be prohibited through Online mode, except in cases
where practical component is limited to programming and coding including software
tools.”
17. In the principal regulations, in sub-clause (iv) of clause (C) in regulation 4, the following
shall be substituted, namely:—
“The application is accompanied with evidence of the Higher Educational Institution
having access to the learning platform for the proposed programmes of study, duly
approved by the statutory authorities of the Higher Educational Institution
empowered to decide on academic matters, with respect to-
(a) learner authentication - integrated with Aadhaar or other government recognised
identity for Indian learners and Passport for foreign learners;
(b) learner registration - through a web application with supporting documents;
(c) payment gateway – using Digital Payment system;
(d) learning management System - which tracks the delivery of Programme, learner's
engagement, assessment, results, and reporting supported by analytical tools that can
help the teachers to extract and use the relevant reports.”
18. In the principal regulations, after sub-clause (iv) of clause (B) in regulation 4, the
following sub-clause (v) shall be inserted, namely:—
“The application is accompanied with evidence to ensure that the Higher Educational
Institution offering programmes in the Open and Distance Learning mode does not
have any franchise arrangement and the ownership of offering Open and Distance
Learning programme and compliance to all the provision of the regulations shall be
that of Higher Educational Institution only.”
19. In the principal regulations, in sub-clause (vi) of clause (C) in regulation 4, the following
shall be substituted, namely:—
“The application is accompanied with evidence to ensure that the Higher Educational
Institution offering programmes in the Online mode does not have any franchise
arrangement and the ownership of offering online programme and compliance to all
the provision of the regulations shall be that of Higher Educational Institution only.”
20. In the principal regulations,in clause (1) in regulation 5, the following shall be substituted,
namely:—
“A Higher Educational Institution intending to offer a programme through Open and
Distance Learning mode and/or Online mode for academic session and for subsequent
years, shall make an online application, as invited by the Commission in the format
notified by Commission and upload the same on the specified portal along with
scanned copy of all the documents specified therein, prior to commencement of the
academic session of the programme intended to be offered by such Higher Educational
Institution:
Provided that the programmes of the Higher Educational Institutions recognised by the
Commission under UGC (Open and Distance Learning) Regulations, 2017 and UGC
(Online Courses or Programmes) Regulations, 2018 shall remain valid programmes
for the period as mentioned in the Commission Orders. These Higher Educational
Institutions shall submit an affidavit to the Commission that they shall comply to
provisions of these regulations prior to the beginning of next academic session from the
notification of these regulations. However, after the expiry of the recognition period as
specified in the already notified Commission Orders, the Higher Educational
Institution for the said programmes shall be required to apply afresh as per the
subregulation (1) of regulation 4.”
21. In the principal regulations, in clause (a) in regulation 9, the following shall be
substituted, namely:—
“the establishing Act and Statutes there under, or the Memorandum of Association,
as applicable to the Higher Educational Institution (or decisions of the statutory
authorities in case of an Autonomous College), empowering it to offer programmes
through the Open and Distance Learning mode or the Online mode, as the case may
be;”
22. In the principal regulations, in sub-clause (2) (ii) of clause (A) in regulation 13, the
following shall be substituted, namely:—
“The minimum duration of a programme leading to the award of a Post Graduate
Diploma shall be one year or two years, as approved by the statutory authorities of the
Higher Educational Institution and concerned statutory or regulatory body or council,
as applicable.”
23. In the principal regulations, in sub-clause (4) of clause (A) in regulation 13, the following
shall be substituted, namely:—
“A Higher Educational Institution, other than an Open University, shall offer a
programme through the Open and Distance Learning mode or the Online mode with
the same number of total credits and minimum duration as that of the corresponding
programme in the Conventional mode:
Provided that this clause shall not be applicable where the Higher Educational
Institution offers a programme through the Open and Distance Learning mode or the
Online mode which is not being offered in the Conventional mode or Open and
Distance Learning mode.”
24. In the principal regulations, in sub-clause (1) (iv) of clause (C) in regulation 13, the
following shall be substituted, namely:—
“The delivery of programmes in Online mode shall be through a learning platform
approved by the statutory authorities of the Higher Educational Institution and in
compliance with any guidelines in respect of learning platforms issued by the
Commission from time to time.”
25. In the principal regulations, in sub-clause (iv) of clause (2) in regulation 14, the following
proviso shall be inserted, namely:—
“Provided further that a Technology Service Provider shall not admit a learner to
any programme in Open and Distance Learning Mode and/or Online mode for or on
behalf of the Higher Educational Institution.”
26. In the principal regulations, in sub-clause (3) of clause (A) in regulation 15, the following
shall be substituted for paragraph (ii) and paragraph (iii), namely:—
“(ii) For Open and Distance Learning Mode and Online Mode: the learner shall
satisfy the minimum attendance requirement stipulated by the statutory authorities of
the Higher Educational Institution and the attendance records shall be maintained by
the Higher Educational Institution:”
27. In the principal regulations, in clause (1) in regulation 16, the following shall be inserted
before the words “Each award shall also be uploaded on the National Academic
Depository”, namely:—
“In the case of a Post Graduate Diploma programme, the Higher Educational
Institution shall also mention the duration of such programme.”
28. In the principal regulations, in regulation 22, the following shall be substituted,
namely:—
“Equivalence of qualification acquired through Conventional or Open and
Distance Learning and Online modes.─ Degrees at undergraduate and postgraduate
level in conformity with UGC notification on Specification of Degrees, 2014 and post
graduate diplomas awarded through Conventional mode or Open and Distance
Learning mode or Online mode by Higher Educational Institutions, recognised /
entitled by the Commission under these regulations, shall be treated as equivalent.”
29. In the principal regulations, in regulation 24, the following shall be substituted,
namely:—
“Offering of Certificate and Diploma level Programmes.─ A Higher Educational
Institution recognised or entitled to offer programmes for the award of a degree at the
under graduate or post graduate level, or for the award of a Post Graduate Diploma,
through the Open and Distance Learning mode or the Online mode may also offer
Certificate or Diploma programmes, other than programmes in prohibited disciplines,
through the Open and Distance Learning mode and the Online mode but subject to the
condition that: (a)such Certificate or Diploma programme(s)have prior approval of
the statutory authorities of the Higher Educational Institution and the regulatory body
concerned, and (b) the delivery mechanism for such programme(s) conforms to the
applicable quality standards for education through the Open and Distance Learning
mode and the Online mode, as the case may be. The Higher Educational Institution
shall be solely responsible for any legal issues arising out of non-compliance of such
requirements.”
30. In the principal regulations, in regulation 26, the following shall be inserted, namely:—
“Provided that this clause shall not be applicable to Autonomous College.”
31. In the principal regulations, after regulation 26, the following regulation 26-A shall be
inserted, namely:—
“Complete ownership and responsibility of Higher Educational Institutions for
offering Open and Distance Learning and Online programmes: The Higher
Educational Institution shall have complete ownership of, and responsibility for, the
following in respect of each programme that is proposed to be offered through the
Open and Distance Learning mode and the Online mode:
i. Intellectual Property Rights relating to the contents developed in-house by the
Higher Educational Institution;
ii. Higher Educational Institutions shall have an option either to have 100% in-
house content development or have minimum 60% in-house content
development and maximum 40% external contents from Open Educational
Resources (OER)/ Massive Open Online Courses (MOOCs) and such other
modes, and the Higher Educational Institutions shall provide options to the
students for accumulating credits;
iii. Admission
iv. Design of the curriculum;
v. Development of the content relating to the programme;
vi. Teaching –Learning credits;
vii. Assessment/Evaluation
viii. Award of the degree / diploma /certificate.
Provided that the Higher Educational Institution may avail the services of a
Technology Service Provider(s) for the purposes of Technology Maintenance, Learning
platform, ICT support (including production and animation), Technology Support for
proctored examination, Cloud Support, Advertisement and Marketing and Placement
of learners.
Provided further that any advertisement or marketing activity in respect of such
programme(s) shall be solely and expressly in the name of the Higher Educational
Institution.”
Provided further that the entire responsibility of offering the Open and Distance
Learning and/ or Online programmes with or without support of the Technology
Service Provider shall be of the recognized/entitled Higher Educational Institution
only.
32. In the principal regulations, after clause (III) in Annexure III, the following clause (IV)
shall be inserted, namely:—
“IV. Autonomous College:
1. An Autonomous College shall be eligible to offer programmes through the
Open and Distance Learning mode from its campus only.
2. Autonomous Colleges shall be governed by University Grants Commission
(Conferment of Autonomous Status Upon Colleges and Measures for
Maintenance of Standards in Autonomous Colleges) Regulations, 2018 and
any amendments thereto.
3. Autonomous Colleges shall not offer programmes through the Open and
Distance Learning mode from any Learner Support Centre.
4. No Autonomous College can offer a programme through the Open and
Distance Learning mode and the Online mode, or other related activities, by a
Franchising arrangement.
5. Territorial jurisdiction shall not be applicable in the case of an Autonomous
College offering programmes through the Online mode under these
regulations.”
33. In the said Principal Regulations, in clause (B) in Annexure VI, the following shall be
substituted as Table 1, namely:—
S. No. Level of the Duration of the Credits
Programme programme
1. Bachelor‘s As per UGC As per UGC guidelines
Degree, Notification on
Bachelor‘s Specification of Degree,
Degree (Honours) 2014
2. Master‘s Degree As per UGC As per UGC guidelines
Notification on
Specification of Degree,
2014
3. Post Graduate 1 year or 2 years As approved by the statutory
Diploma authorities of the Higher
Educational Institution and
concerned statutory or
regulatory body or council, as
applicable
34. In the principal regulations, in sub-clause (A) of clause (II) in Annexure VII, the
following shall be inserted, namely:—
“(iv) For Post Graduate Diploma Programmes (1 year duration): Self Learning Material
should be ready in all respect for first semester and its approval by the statutory
authorities of the Higher Educational Institution.
In the principal regulations, in sub-clause (B) of clause (II) in Annexure VII, the following
shall be inserted, namely:—
(iv) For Post Graduate Diploma Programmes (1 year duration): First semester e-
learning material in four quadrants for each course in the first semester of study
and its approval by the statutory authorities of the Higher Educational Institution:”
35. In the principal regulations, in clause I in Annexure VIII, the following shall be
substituted for the proviso, namely:—
“As provided in the Explanation to sub-clause (x) of clause (A) in regulation 4 of the
principal regulations:
“Explanation: (a) A Private University established under a State Act shall be eligible
to offer programmes through the Open and Distance Learning mode from its Head
Quarters only and duly recognised off-campus centre(s), and an Autonomous College
shall be eligible to offer programmes through the Open and Distance Learning mode
from its campus only;
(b) A Private University established under a State Act and an Autonomous College
shall not offer programmes through the Open and Distance Learning mode from a
Learner Support Centre.”
36. In the principal regulations, Annexure IX shall be removed.
(Rajnish Jain)
Secretary (UGC)
Note : The principal regulations were published in the Gazette of India, Extraordinary Part-
III, section 4 vide F. No. 1-1/2020 (DEB-I) dated 4th September, 2020.
