Succumbing to pressure from different lobbies, including political and private educational institutions, the HRD Ministry has dropped the two-year jail term provision from the National Accreditation Bill for those found guilty of violating the laid down criteria for accrediting higher educational institutions. The Bill pending in lok Sabha is slated to be taken up in the ongoing Monsoon Session.
The Bill provides for setting up an overarching National Accreditation Regulatory Authority (NARA), which will make it mandatory and compulsory for every higher educational institution to get accredited by accreditation agencies like AICTE, UGC, and MCI (except for agricultural institutes) to certify academic quality.
The violation of rules entailed stringent punitive measures which included a provision of jail term for the head of institution, proprietor or promoter and simultaneously the erring official of the agency. It has, however, been struck-off now.
The National Accreditation Regulatory Authority for Higher Educational Institutions Bill, 2010 also states that if an accreditation agency fails to comply with its prescribed duties, it would be liable to pay compensation to the higher educational institution, which has to be determined by the State Educational Tribunal.
Clause 41 of the original Bill stated that if any person contravenes or abets the contravention of the provisions, he or she would be liable for punishable with imprisonment for a term which may extend up to two years or with fine which may extend to Rs 10 lakh or both.
Sources in HRD Ministry said the two-year jail term clause has been dropped after considerable deliberations with all stakeholders. Fearing a backlash on the provision, the Parliamentary Standing Committee on HRD too had recommended the Ministry to amend the provision, sources said.
While the standing committee had suggested suitable modification of the provision, private educational institutions had opposed it. “Since now there seems to be consensus among political parties for the Bill it is expected to be passed in this session,” said a top HRD Ministry official.
The NARA, which will register accreditation agencies, lays down norms and policies for assessment of academic quality in higher education institutions, undertake audit on matters related to conflict of interest, disclosure of information and transparency, levy of fees, advise central and state government, and collect and disseminate information on accreditation of higher educational institutions.