The uttarakhand state council of higher education act, 1995

THE 1[UTTARAKHAND] STATE COUNCIL OF HIGHER EDUCATION ACT, 1995 [U.P. Act No. 22 of 1995] [As passed by the Uttar Pradesh Legislature] AN ACT to provide for the establishment of a State Council of Higher Education in the State of Uttar Pradesh and for matters connected therewith and incidental thereto. WHEREAS the National Policy on Education, 1986 of the Government of India contains recommendations that State level planning and co-ordination of higher education shall be done through the State Council of Higher Education; AND WHEREAS the University Grants Commission constituted a committee to make recommendations regarding the setting up of State Councils of Higher Education as per the aforesaid National Policy; AND WHEREAS the said committee recommended that there is a pressing need for an effective machinery for promotion and co-ordination of higher Education at the State level and co-ordination of State level programmes with those of the University Grants Commission; AND WHEREAS the University Grants Commission has laid down the guidelines for setting up of State Councils of Higher Education as recommended by the said Committee; AND WHEREAS the State Government has accordingly decided to establish a State council or Higher Education as recommended in the National Policy on Education of the Government of India and by the University Grants Commission; NOW, THEREFORE, it is hereby enacted in the Forty-sixth year of the Republic of India as follows:-- Short title, 1- (1) This Act may be called the 1[Uttarakhand] State Council of Higher commencement Education Act, 1995. and application (2) It shall be deemed to have come into force on May 25, 1995. (3) It shall apply to all the Universities and Colleges to which the Uttar Pradesh State Universities Act, 1973 applies. Definitions 2- In this Act---- (a) “college” means any institution maintained or recognized by the University to provide for the teaching necessary for admission to a degree of the University and includes an affiliated college, an associated college, an autonomous college and a constituent college; (b) “council” means the Uttar Pradesh State Council of Higher Education established under section 3; (c) “fund” means the fund of the Council referred to in section 15; (d) ‘higher education’ means education, whether professional, technical or otherwise, leading to the obtaining of any degree or diploma from any University; (e) “institution of higher education” means an institution conducting any course of study in higher education, which is approved as such by the State Government; (f) ‘member” means a member of the Council and includes the Chairman and the Member-Secretary; --------------------------------------------------------------------- 1. the word “Uttar Pradesh” wherever they occur, the words shall be read as “Uttarakhand” in this Act, by section 2 of UK Act no 25 of 2021, [The Uttar Pradesh State Council of Higher Education Act, 1995] [Section 3-5] (g) “regulations” means the regulations made by the council under this Act; (h) “University Grants Commission” means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956; 1{(h h) “Prescribed” means prescribed by the Rules made under this Act;} (i) A ward or expression defined in the Uttar Pradesh State Universities Act, 1973 used but not defined herein, shall have the same meanings as is assigned to it in that Act. Establishment 2[3- (1) A council shall be established in the name of the Uttarakhand State of council of Council of Higher Education. Higher (2) The council shall be an advisory body.] education Constitution of 3[4- The following shall be the members in the Council, namely:-- council (a) Minister of Higher Education/ Minister of State (independent Chairperson - charge) Government of Uttarakhand Ex. Officio (b) Chief Secretary, Government of Uttarakhand Vice Chairperson - Ex. Officio (c) Additional Chief Secretary/ Principal Secretary/Secretary, Member – Higher Education, Government of Uttarakhand Secretary – Ex. Officio (d) Chairman, University Grant Commission (U.G.C) or person Member nominated by him (e) Secretary, Ministry of Human Resourse Development, Member Government of India or member nominated by him (f) Secretaries of the following Department in the State Government- (i) Secretary to the Governor, Uttarakhand Member (ii) Secretary, Skill Development and Employment Member (iii) Secretary, Agriculture Education Member (iv) Secretary, Medical Education Member (v) Secretary, Technical Education Member ------------------------------------------------------------------ 1- Ins. by section 3 of UK Act no .25 of 2021. 2- Subs. by section 4 of UK Act no. 25 of 2021. 3- Subs. by section 5 of UK Act no.25 of 2021. (vi) Secretary, Ayush Education Member (vii) Secretary, Sanskrit Education Member (viii Secretary, Law Department Member ) (ix) Secretary, Finance Department Member (g) Not exceeding five persons nominated by the State Members Government from amongst the Vice Chancellors of the University established in the State of Uttarakhand 3 from Government and 2 from Private Universities (h) Director, Higher Education. Member (i) Three Eminent Educationists nominated by the State Members Government. (j) Two Eminent Industrialists nominated by the State Members Government (k) Not exceeding two persons nominated by the State Members Government from amongst the principals of the Post Graduate Colleges established in the State of Uttarakhand. 1 from Government and 1 from Private College Explanation: The post of the Chairperson is Ex. Officio which is not a office of profit. Any kind of honorarium, facilities etc. shall not be permissible to President/Chairperson. Temporary 5- The Council may associate with itself for any particular purpose any person association of whose assistance or advice it may desire in carrying out its work. A person persons with associated with the council for any particular purpose shall have a right to take part the council for in the discussions relevant to that purpose but shall not have a right to vote at a particular meeting of the Council. purpose Disqualification 6- A person shall be disqualified for being appointed as Chairman or for being for membership nominated as a member of the council or for being such Chairman or nominated of council member, if— (a) he is of unsound mind; (b) he is an undischarged insolvent; (c) he has been sentenced for any offence involving moral turpitude, punishable under any law with imprisonment such sentence not having been annulled and a period of five years has not elapsed from the date of expiration of the sentence; (d) he is a paid officer or employee of the Council; or (e) he incurs such other disqualifications as may be prescribed by the State Government. --------------------------------------------- [The Uttar Pradesh State Council of Higher Education Act, 1995] [Section 5-11] Terms and 1[7 (1) The nominated member shall work during the pleasure of the Governor or till conditions of - the attainment of age of 65 years, whichever is earlier. Provided that if a person service of has attained the age of 65 years, he shall not be eligible for appointment or re- President/Cha irperson and appointment as a Chairman of the Council. nominated (2) Any nominated member or co-opted member, as the case may be, may resign members from the post by the letter duly signed, addressed to the State Government or the Council, but he/she shall remain in the post till the resignation is accepted by the State Government or by the Council, as the case may be. (3) Subject to the provision of this section terms and conditions of the service of the nominated members shall be such as prescribed. (4) The President/Chairperson shall exercise such powers and perform such duties as may be prescribed.] Powers and 8- The member-Secretary shall exercise the powers and perform the functions duties of conferred or imposed on him under this Act and such other powers and functions Member- as may be prescribed. Secretary Removal from 9- If, any time, it appears to the State Government that the Chairman or a membership of nominated member or the do-opted member has shown himself to be unsuitable for Council office or has been guilty of mis-conduct or neglect which renders his removal expedient, the State Government may, after giving him a reasonable opportunity to show cause, by notification, remove the Chairman or such nominated or co-opted member, as the case may be, from the office. Filling of 10- If a vacancy occurs in the office of the Chairman or of a nominated or co- Casual opted member, either by reason of his death, resignation, removal or otherwise, Vacancy such vacancy shall be filled, as soon as may be, by the State Government or by the Council, as the case may be, and such Chairman or nominated or co-opted member shall hold office for a period not exceeding six months or till a duly nominated or co-opted member joins whichever is earlier. Powers 11- (1) The functions of the Council shall be to co-ordinate and determine and standards in Universities and colleges in accordance with the guidelines issued by functions of the University Grants Commission from time to time. council (2) Subject to the provisions of sub-section (1), the functions of the Council shall include--- I- Planning and co-ordination: ------------------------------------------------------ 1- Subs. by section 6 of UK Act no 25 of 2021. [The Uttar Pradesh State Council of Higher Education Act, 1995] [Section 11] (a) to prepare consolidated programmes in the sphere of higher education in the State keeping in view the overall priorities and perspectives of higher education in the State and the guidelines issued by the University Grants Commission and to assist in their implementation; (b) to assist the University Grants Commission in respect of determination and maintenance of standards and suggest remedial action wherever necessary; (c) to prepare perspective plans for development of higher education in the State; (d) to submit to the State Government, if so required by it, the development progarmmes of Universities and colleges, along with its comments and recommendation; (e) to promote co-operation of institutions of higher education amongst themselves and explore the scope for interaction with industry and other related establishment; (f) to formulated norms and principles for starting new colleges and additional subjects and departments in the existing college in accordance with the guidelines issued by the State Government and the University Grants Commission; (g) to suggest ways and means for augmenting additional resources for higher education in the State; (h) to co-ordinate research funding at national and international level for promotion of scientific research in the Universities and colleges. II- Academic Functions: (a) to encourage innovations in curriculum development, restructuring and updating of syllabi in Universities and colleges; (b) to co-ordinate the programmes of autonomous colleges and to monitor their implementation; (c) to devise methods and steps to improve the standards of examinations conducted by the Universities and autonomous colleges and to suggest necessary reforms; (d) to facilitate training of teachers in Universities and colleges and to oversee the functioning of the academic staff colleges through co-ordination and to encourage publication of quality text books, monographs and reference books etc.; (e) to develop programmes for effective academic co-operation and interaction between the faculties in the Universities and colleges and to facilitate mobility of teachers and students in and outside the State; [The Uttar Pradesh State Council of Higher Education Act, 1995] [Section 11] (f) to advise on regulating the admissions in the Universities and colleges; (g) go encourage sports, games, physical education, cultural activities and other extra-curricular activities in the Universities and colleges; (h) to encourage extension activities and to promote interaction between Universities and industries through effective consultancy in special areas relevant to the Universities and regional planning and development; (i) to prepare an overview report on the working of the Universities and colleges in the State and to furnish a copy thereof to the State Government and such other authorities as the State Government may specify; (j) to identify Centres of Excellence in the Universities and provide national and international linkage for the growth of science and technology in frontier areas; (k) to promote Institutions of Excellence within or outside the University in frontier areas of Knowledge including molecular biology, genetic engineering aero-space biotechnology; (l) to set up a State Centre for Scientific Research and to co-ordinance the research activities among Universities; (m) to instituted prestigious awards to outstanding scientists, academicians and technologists for their contributions; (n) to work in liaison with the University Grants Commission, All- India Council for Technical Education and other central agencies in relation to higher education. III—Advisory Functions: (a) to make suggestions to the State Government regarding the norms, if any, relating to the establishment of new Universities and colleges; (b) to examine the laws relating to the Universities, the Statutes, Ordinances and Regulations of Universities in the State and to suggest modifications wherever required to maintain uniformity in the administration without prejudice to the autonomy for the academic pursuits; (c) to identify and to administer innovative progarmmes for sustainable growth through self generating funds from services such as consultancy to industries, institutions and national and international organisations; (d) to advice the State Government or any University, college or institution of higher education on any other matter relating to higher education and research which they may refer to the council; (e) to advise the State Government for starting new colleges and additional subjects and departments in the existing colleges. IV- Financial Functions: (a) to release and monitor grants- in-aid to Universities and colleges for the purposes specified by the State Government; (b) to administer and regulate the Student Welfare Fund, National Scholarships, other scholarships, Travel Grant, Publication Grant and such other grants as may be specified by the State Government; and to sanction financial assistance therefrom; (c) to release and monitor research funds, if any, received by the Council from national and international funding agencies; [The Uttar Pradesh State Council of Higher Education Act, 1995] [Section 12-16] (d) to advise the State Government on steps to make institutions self- sufficient and viable. 1[V- Other Functions: To advise the State Government regarding Rashtriya Uchchatar Shiksha Abhiyan (RUSA) sponsored by Ministry of Human Resource Development Government of India and various schemes regarding higher education as operated by State Government.] Meetings of 12- The Council shall meet, as often as may be necessary, at such time and place Council and observe such rules of procedure as may be provided in the regulations: Provided that the Council shall meet at least once in three months. Staff of 13- The Council shall appoint such number of employees as may be sanctioned Council by the State Government from time to time. The terms and conditions of service of the employees of the council shall be such as may be provided in the regulations. Budget of 14- The Council shall prepare, in such form and at such time, every year as may Council be prescribed, a budget in respect of the next financial year showing the estimated receipts and expenditure and it shall be submitted, in such form as may be prescribed, to the State Government for its approval. Fund of 15- (1) The council shall have its own Fund in which shall be credited— Council (a) all moneys provided by the State Government; (b) all moneys provided by the Central Government; (c) All moneys provided by the University Grants Commission; (d) All moneys received by the Council by way of grants, gifts, donations, benefactions, bequests of transfers; (e) All moneys received by the Council in any other manner or from any other source. (2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Council may, with the approval of the State Government, decide. (3) The Fund shall be applied towards meeting the expenses of the council including the expenses incurred in the exercise of its powers and discharge of its functions under section 11. Annual 16- (1) The accounts of the Council shall be maintained in such manner and in Accounts and such form as may be prescribed. The council shall prepare an annual statement of Audit accounts in such form as may be prescribed. (2) The accounts of the council shall be audited at least once in a year by such auditor as the State Government may appoint in this behalf. (3) The auditor appointed under sub-section (2) shall, for the purposes of audit, have such rights, privileges and authority as may be prescribed. ------------------------------------------------------------------ 1- Subs. by section 7 of UK Act no. 25 of 2021. [The Uttar Pradesh State Council of Higher Education Act, 1995] [Section 17-22] (4) The Member-Secretary to the Council shall cause the audit report to be printed and shall forwards printed copy thereof to each member and place such report before the council for consideration at its next meeting. (5) The Council shall take appropriate action forthwith to remedy any defect or irregularity that may be pointed out in the audit report. (6) The accounts of the Council as certified by the auditor together with the audit report along with the remarks of the Council thereon shall be forwarded to the State Government within such period as may be prescribed. (7) The State Government may, by order in writing, direct the Council to take such action as may be specified in the order to remedy, within such time as may be specified therein, the defects, if any, disclosed in the audit report, and the council shall comply with such direction. Annual Report 17- The Council shall, as soon s may be, after the end of each financial year, prepare and submit to the State Government, before such date and in such form as may be prescribed, a report giving an account of its activities during the previous year and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Council in the next financial year and the State Government shall cause every such report to be laid before both the Houses of the State Legislature as soon as may be after its receipt. A copy of the annual report shall also be forwarded to the University Grants Commission. Power to issue 18- The State Government may issue to the Council such directions as in its directions opinion, are necessary or expedient for carrying out the purpose of this Act and the Council shall give effect to all such directions. Authentication 19- All orders, decisions and other instruments shall be authenticated by the of orders and Member-Secretary of the Council or any other officer of the Council authorised by other the Council in this behalf. instruments of the Council Proceedings of 20- The Council shall have power to act, notwithstanding any Vacancy in the Council not to membership, or any defect in the constitution thereof, and the proceedings of the be invalid on the Council shall be valid notwithstanding that some person, who was not entitled to ground of defect in Constitution be a member had sat, voted or otherwise taken part in the proceedings of the etc. Council. Members and 21- The Chairman, every member, the Member-Secretary and every employees of employees of the Council, when acting or purporting to act in pursuance of the provisions of this Council to be Act or the rules or regulations or orders or directions made or issued thereunder public servants shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. Protection of 22- No suit, prosecution or other legal proceedings shall lie against the State action taken in Government, the Council or the Chairman or any member thereof or any employee good faith or person acting under the directions of the State Government or the Council, for anything done or intended to have been done in good faith in pursuance of the provisions of this Act or the rules, regulations, order or directions made or issued thereunder. [The Uttar Pradesh State Council of Higher Education Act, 1995] [Section 23-28] Power to call 23- The Council may require any University or college to submit such information, for document or record relating to the matters referred to in section 11 as it thinks fit information and such University or the college shall be bounded to furnish to the Council the required information, document or record. Power to 24- The Member-Secretary or any other person authorised by the council shall inspect have access to every records, register or document in possession of the University records, or college and may inspect and take copies of relevant records or documents registers etc. relating to the matters referred to in section 11. Power to make 25- The State Government may make rules for carrying out the purposes of this rules Act. Power to make 26- The Council may, subject to any rules made by the State Government and with regulations the previous approval of the State Government, make regulations— (a) laying down the procedure to be followed at its meetings and the number of members required to form the quorum; (b) providing for all matters which by this Act are to be provided for by regulations, and (c) providing for any other matter solely concerning the Council and not provided for by this Act or the rules made thereunder. Power to 27- (1) If any difficulty arises in giving effect to the provisions of this Act, the remove State Government may if occasion requires, by a notified order not inconsistent difficulties with the provisions of this Act direct that this Act shall have effect subject to such adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient: Provided that no such order shall be made after the expiration of two years from the date of the commencement of this Act. (2) The provisions made by any order under sub-section (1) shall have effect as if enacted in this Act and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of this Act. (3) Every order made under sub-section (1) shall be laid, as soon as may be before both the Houses of the State Legislature and the provisions of sub-section (1) of section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of the rules made by the State Government under any Uttar Pradesh Act. Repeal and 28- (1) The Uttar Pradesh State Council of Higher Education Ordinance, 1995 is Savings hereby repealed. (2) Notwithstanding such repeal, anything done of any action taken the U.P. Ordinance referred to in sub-section (1) shall be deemed to have been done or Ordinance no. taken under this Act as if the provisions of this Act were in force at all material 26 of 1995 times.