The University Grants Commission has on November 8, 2023, released the University Grants Commission (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations, 2023.

Jai Diwanji

These Regulations aim to facilitate the entry of higher-ranked foreign universities into India, aligning with the goals outlined in the (Indian) National Education Policy, 2020.This is intended to provide an international dimension to higher education in India,make foreign qualifications more accessible to Indian students and position India asan attractive global study destination.

These Regulations shall apply to all Foreign Higher Educational Institutions (“FHEI”)proposing to establish campuses in India to conduct certificate, diploma, degree,research, and other programmes at the undergraduate, postgraduate, doctoral, and post-doctoral levels. FHEI has been defined under the Regulations to include both auniversity and an educational institution in a foreign country which is duly recognized and established or incorporated in any legal form in the country of origin including asa trust, society, company or statutory body and which is authorized to offer academic and research programers at the undergraduate or higher levels within and outside its jurisdiction.

Some of the key provisions of these Regulations are:

• Eligibility Criteria : FHEIs intending to establish campuses in India should have either (a) secured a position within the top 500 (five hundred) in the overall category of global rankings, or (b) have secured a position within the top 500 (five hundred) in the subject-wise category of global rankings; or (c) should possess outstanding expertise in a particular area, all of which shall be periodically determined by the Commission. In the event 2 (two) or more FHEIs intend to collaborate to establish a campus in India, each FHEI should meet these criteria.

• Approval Procedure:The application for the establishment of a campus is required to be made online along with the prescribed documents and the non-refundable processing fee. An FHEI can set up more than 1 (one) campus in India, however, it would need to make a separate application for each proposed campus.

• Setting up of campuses:The Commission shall constitute a ‘Standing Committee’ to examine matters in relation to the set-up and operations of FHEIs in India. On the Standing Committee’s recommendation, the Commission may, initially grant in-principle approval and issue a letter of intent to the FHEI to setup its campus in India with the necessary physical, academic and research infrastructure and facilities required to conduct its academic and research programmes within 2 (two) years from the date of approval. Subsequently, uponthe FHEI conveying its readiness to commence academic operations, the Standing Committee will examine the readiness of the campus, and after considering the Standing Committee recommendations, the Commission will issue approval to the FHEI to commence operation of its campus in India with or without conditions.

• Fee Structure and Scholarship:The Regulations grant autonomy to the FHEI todefine their fee structures subject to it being transparent and reasonable.Further, FHEIs are required to make available the prospectus on their website atleast 60 (sixty) days before the commencement of admission, including fee structure, refund policy, number of seats in a programme, eligibility qualifications and admission process. The FHEI may provide full or partial merit-based or need-based scholarships and also offer fee concessions to Indian students.

• Appointment of faculty and staff: While FHEIs have autonomy in recruiting faculty and staff, however, they will need to ensure that the qualifications of the appointed faculty are at par with its main campus and the international faculty appointed to teach at the Indian campus stay in India for at least a semester.

• Educational Standards:The education imparted by the FHEI is required to be similar in aspects like curricula, pedagogy, assessment etc. to that of its main campus. FHEIs are not allowed to offer any study programme that is contrary to the standards of higher education in India or operates in a manner that is contrary to the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency, or morality.

• Annual Report and maintenance of accounts:The FHEI needs to submit to the Commission an annual report, providing details of the programmes offered, the number of students admitted and passed out and qualifications awarded and the same must be made available on the FHEI website or its campus. In addition to the annual report, the FHEI is also required to submit an audit report to the Commission certifying that its operations are compliant with foreign exchange laws.

• Compliance with exchange control and foreign donation regulations:

1. Cross-border movement of funds and maintenance of Foreign Currency Accounts, mode of payments, remittance, repatriation, and sale proceeds (if any) would need to be in accordance with the provisions of the Foreign Exchange Management Act, 1999 along with the rules and regulations framed there under.

2. In the event the FHEI desires to receive or utilise foreign donations, it will have to obtain prior permission from the Central Government and shall be required to comply with the provisions of the Foreign Contribution (Regulation) Act, 2010 along with the rules and regulations framed there under.

• Other Conditions:

1. The FHEI cannot act as a representative office for the promotion of the programmes conducted in the home or any other overseas jurisdiction.

2. The programme is not allowed to be offered online or in open and distance learning modes. That said, lectures in an online mode not exceeding 10% (tenper cent) of the programme may be allowed.

3. The FHEI is required to undergo a quality assurance audit and submit its reportto the Commission.

4. The qualifications awarded to the students in the Indian campus would need tobe under the name and seal of the FHEI in its country of origin and would need to enjoy the same recognition and status as if they were conducted by the FHEI in its country of origin.

5. Discontinuation of any course or programme or closure of the campus would require the prior approval of the Commission.