Meghalaya act 3 of 2018 : The Meghalaya Higher Education Council Act, 2018 (Act No. 3 of 2018)

NOTIFICATION

The 27th April, 2018.

No.LL(B)78/2017/16.—The Meghalaya Higher Education Council Act, 2018

(Act No. 3 of 2018) is hereby published for general information.

The Gazette of Meghalaya EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 215 Shillong, Friday, April 27, 2018, 7th Vaisakha-1940 (S. E.)

PART-IV

GOVERNMENT OF MEGHALAYA

LAW (B) DEPARTMENT

———

Postal Registration No. N. E.—771/2006-2008

MEGHALAYA ACT NO. 3 OF 2018.

(As passed by the Meghalaya Legislative Assembly)

Received the assent of the Governor on 26th April, 2018.

Published in the Gazette of Meghalaya Extra-Ordinary issue dated 27th April, 2018.

tu-un‘nw‘nfi‘afijm w I ’ .y .. i. J. I _, p ' i I u .. n a _ . , _ n V "I _. ,_ “I _“ I. m‘ mmv. “u. ., .o-A: n ‘ Lu... \ 4 "uni“ . I. ( _ (

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018 [PART-IV796

1. (1) This Act may be called the Meghalaya State Higher Education Council Act, 2018.

(2) It shall extend to the whole of the State of Meghalaya.

(3) It shall come into force on the date of its Publication in the Official Gazette of the Government of Meghalaya.

2. In this Act, unless the context otherwise requires,-

(a) “Act” means the Meghalaya State Higher Education Council Act, 2018;

(b) “All India Council for Technical Education” means the Council constituted under the All India Council for Technical Education Act, 1987 (Central Act 52 of 1987);

(c) “Bar Council of India” means the Bar Council constituted under the Advocates Act, 1961 (Central Act 25 of 1961);

(d) “Chairman” means the Chairman of the Council;

(e) “College” means any college or institution approved by, or affiliated to any university within the State of Meghalaya and

provides courses of study for admission to the examination of

the university and inclusive of autonomous colleges;

(f) “Council” means the Meghalaya State Higher Education Council;

(g) “Executive committee” means the Executive Committee of the

council;

(h) “Member Secretary” means the Member Secretary of the

Council;

THE MEGHALAYA HIGHER EDUCATION COUNCIL ACT, 2018

An

Act

to provide for the establishing a State Higher Education Council as a collective of the Government Universities, Colleges, Academics and Experts in order to forge a synergic relationship among them by occupying an operational space in between the Government Universities and apex level regulatory bodies and for matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Meghalaya in the Sixty-ninth Year of the Republic of India as follows:-

Short title, Extent and Commencement.

Definitions.

(i) “Government” means the Government of Meghalaya;

(j) “Higher Education” means an Education, whether professional,

Technical or otherwise, and includes research studies leading

to the award of a Degree or Diploma or Certificate by a university

or an institution approved by the university;

(k) “Institution” means an Academic Institution of Higher Education

. and research, not being a college, associated with and

admitted to privileges of a university or maintained by a

University;

(l) “Medical Council of India” means the Council constituted under

the Indian Medical Council Act, 1956 (Central Act 102 of 1956);

(m) “Member” means a Member of the Council or the Executive

Committee as the case may be;

(n) “Regulations” means the Regulations made by the Council under

this Act;

(o) “State” means the State of Meghalaya;

(p) “Statutes”, “ordinances” and “Regulation” of a university means

respectively the statutes, the ordinances and the Regulations

issued under the respective Acts of a university;

(q) “Teacher” means any regular teacher working in a University,

Government colleges or government aided or unaided college

or institution whose appointment has been made or approved

by or on behalf of the government or a university;

(r) “University” means any University in the State established by

an Act of the State Legislature or the Parliament;

(s) “University Grants Commission” means the Commission

established under the University Grants Commission Act, 1956

(Central’ Act 3 of 1956); and

(t) “Vice-Chairman” means the Vice Chairman of the Council.

3. (1) The Government shall constitute the Council to be called the

Meghalaya State Higher Education Council which shall consist

of the following, namely:-

Constitution of the Council.

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018PART-IV] 797

Sl. No. Category Designation

1. Minister of Higher Technical Education,

Government of Meghalaya. Chairman

2. The Chief Secretary, Government of

Meghalaya. Member

3. Vice-Chancellor, NEHU. Vice-Chairman

4. The Principal Secretary/Commissioner &

Secretary/Secretary I/C of Department of

Higher & Technical Education, Meghalaya. Member

5. Director of Higher & Technical Education,

Meghalaya. Member

6. The Additional Director Higher & Technical

Education, Meghalaya and State Project

Director, Meghalaya. Member

7. The Principal Secretary, Finance Department,

Meghalaya or his representative not below

the rank of Secretary. Member

8. Principal Secretary, Planning Department,

Meghalaya or his representative not below

the rank of Secretary, Planning. Member

9. Five academicians of repute from different

academic discipline of whom at least two

shall be women. Member

10. Secretary, Law/Parliamentary Affairs

Government of Meghalaya. Member

11. Executive Chairman, MBOSE. Member

12. One nominee of the Government of India

(to be nominated by MHRD). Ex-officio Member

13. One nominee of the University Grants

Commission. Ex-officio Member

14. Principal Secretary, Health & Family

Welfare, Meghalaya. Ex-officio Member

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018 [PART-IV798

(2) The Council be a body corporate’ by the name

aforesaid, having perpetual succession out a common

seal and shall by the said name sue and be sued.

(3) The Headquarter of the Council shall be in Shillong.

4. (1) No person shall be qualified for nomination or to continue as a

member of the Council, if on the date of such nomination/Tenure,

he/she is:-

(i) of unsound mind;

(ii) adjudicated as an un-discharged insolvent;

(iii) sentenced by a criminal court to imprisonment for any offence

involving moral depravity;

(iv) diirectly or indirectly by himself or his partner has any share or

interest in any work done by order of, or in any contract entered

into on behalf of the Council;

(v) a person who has been terminated/ suspended from any

government or university/organization on account of mis-

conduct or negligence or lack of integrity.

(2) In case of dispute or doubt as to whether a person

is disqualified under sub-section. The decision of the

Government shall be final.

(3) Save as otherwise provided in this Act, no person

who is not a graduate of any University established by law

shall be eligible for nomination as a member of the Council

under this Act.

(4) Notwithstanding anything contained in this Act but save as

otherwise provided, any employee of the University, both teaching

and non-teaching or ministerial or any person in the management

of an affiliate college in whatever capacity shall not be eligible for

nomination as member of the council under this Act.

5. The powers and functions of the Council shall be as follows,

namely:-

(A) General Functions.

(i) It shall render advice to the Government, Universities and other

Institutions of Higher Education within the State;

(ii) It shall co-ordinate the roles of the Government, Universities

Disqualification.

Powers and functions of the Council.

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018PART-IV] 799

and other apex regulatory agencies in Higher Education within

the State;

(iii) It shall evolve new concepts, programmes and perspective plans

for development of Higher Education suo motu or on the

suggestion by the Government or requests from universities or

other Institutions in the State;

(iv) It shall monitor the progress of implementation of the

Development programmes of Universities and colleges taken

up in the state with the assistance of National Regulatory

Agencies;

(v) It shall promote co-operation and co-ordination of the educational

institutions among themselves and explore the scope for inter-

action with industry and other related agencies;

(vi) It shall prepare an annual report making self appraisal and

showing details of its performance;

(vii) It shall suggest measures for the academic and monetary

accountability, integrity and responsibility of the Universities,

Colleges, and other Institutions of Higher Education in the State;

and

(viii) It shall prepare the annual budget and audited statement of

expenditure in such manner as may be prescribed.

(B) Academic Functions.

(i) It shall suggest measures to enable the standard of Research

projects (Minor & Major) in untapped areas/ branch of studies

amongst students/ research scholars in the State;

(ii) It shall encourage and promote innovations in curricular

development, restricting of courses and updating of syllabus in

the University and the Colleges;

(iii) It shall co-ordinate the programmes of autonomous colleges and

monitors their implementation;

(iv) It shall devise steps to improve the standard of examinations

conducted by Universities and suggest necessary reforms;

(v) It shall facilitate training of teachers in universities and colleges;

(vi) It shall-promote, and monitor publication of quality text books,

monographs and reference books;

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018 [PART-IV800

(vii) It shall develop programmes for greater academic co-operation

and interaction between university and college teachers and to

facilitate mobility of students and teachers within and outside

the state;

(viii) It shall advise on regulation of admission in universities, colleges

and institutions of Higher Education;

(ix) It shall encourage sports, games, physical education and cultural

activities in the universities and colleges;

(x) It shall review periodically, the existing guidelines and furnish

recommendations for regulating admissions to various courses

and for appointments to the Posts of Teachers and Teacher-

administrators in Universities, Colleges and other Institutions

of Higher Education;

(xi) It shall prepare an overview report on the working of the

Universities and Colleges in the State and furnish a copy thereof

to the Government and such other authorities as the Government

may specify; and

(xii) It shall perform such other functions for the realization of the

objectives of equality, equity and excellence in Higher Education.

(C) Advisory Functions. It shall advise the Government on the following:-

(a) Regarding the norms, if any relating to the establishment of new

Universities and Colleges besides additional subjects and

departments in the existing Universities and Colleges;

(b) Regarding the statutes, ordinances and regulations of

Universities in the State and to suggest modification wherever

required to maintain uniformity in the administrat ion

without prejudice to the autonomy for the academic pursuits;

(c) On any University, College or Institution of Higher Education

or any other, matter relating to Higher Education and research

which may be referred to the Council;

(d) In determining the block maintenance grants and to lay down

the basis for such grants; and

(e) It shall perform any other function necessary for the furtherance

of Higher Education in the State.

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018PART-IV] 801

(D) Powers of the Council.

(i) It shall prepare a Perspective Plan for implementation of the

policies, evolve various programmes and determine the

priorities of such programmes for implementation;

(ii) It shall propose general guidelines for the release of grants by

the Government to universities and other institutions of higher

education and advise the Government about the release of such

grants to each University and other institutions of Higher

Education;

(iii) It shall give such directions as may be necessary for effective

functioning of the Executive Committee in accordance with its

objectives;

(iv) It shall frame guidelines in accordance with this Act and the

rules made there under; and

(v) It shall have such other powers as may be prescribed for the

effective implementation of the programmes for the furtherance

of the objectives of this Act.

6. (1) The Chairman shall have the right to call for report on any matter

pertaining to the affairs of the Council and offer suggestions

for the improvement of the functioning of the Council.

(2) The Chairman shall preside Committee over the meetings of

the Council and the Executive Committee.

7. (1) The Vice-Chairman shal l preside over the meetings

of the Council or the Executive Committee in the absence

of the Chairman.

(2) The Vice-Chairman shall exercise such other powers and

perform such other functions as may be prescribed.

(3) Any member other than an ex-off ic io member shal l

be appointed by the Government ordinarily for a term of

five years and shall not be eligible for reappointment for a

second term.

8. (1) The Member Secretary shal l be responsible for the

co-ordination of the functions of the Council.

(2) The Member Secretary shall exercise such powers and perform

such functions as may be prescribed.

Vice-Chairman and his function.

Chairman and his function.

Member Secretary and his duties.

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018 [PART-IV802

9. The term of the Counci l shal l be for a period of f ive

years:

Provided that in the event of delay in the constitution of the new

Council, the existing Council may continue for a period of six months

from the date of expiry of the term or till the reconstitution of new

Council whichever is earlier.

10. (1) The Council shall meet as often as may be necessary, at

such time and place and observe such rules of procedure as

may be provided in the regulations, but it shall meet at least

once a year.

(2) It shall have power to act, not withstanding any vacancy in the

membership or any defect in the constitution thereof, and the

proceedings of the Council shall be valid not withstanding that

some person, who was not entitled to be a member, had

attended, or otherwise had taken part in the proceedings of the

Council.

(3) The meeting of the Counci l shal l be convened by

the Member Secretary on the advice of the Chairman.

(4) The quorum of the meeting of the Counci l shal l be

one third of the total members of the Council. The

decisions of the meeting may be taken by simple majority

of those present and voting.

11. (1) If at any point of time, it appears to the Government that a

member appointed or nominated has proved himself or herself

to be unfit to hold office or has been guilty of misconduct or

neglect which in the opinion of the Government renders his

removal from the membership of the Council, as expedient, the

Government may, after giving such member a reasonable

opportunity of showing cause as to why he shall not be removed

from the Council and after examining the same decide whether

to continue or remove such member, as the case may be, from

his membership and in case of such removal from the

membership of the Counci l , i t shal l be made by

notification.

(2) The Vice-Chairman or Member Secretary shall not be removed

except by an order of the State Government posted on the

ground of willful omission or refusal to carry out the provisions

of this Act or Rules or Regulations made there under or for

Term of the Council.

Meetings of the Council.

Removal from Membership of the Council.

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018PART-IV] 803

abuse of the powers vested in him after consideration of the

report of an inquiry ordered by the State Government in this

behalf.

12. I f a casual vacancy arises in the off ice of a nominated

or appointed Member, either by reason of his/her death,

resignation, removal or otherwise, such vacancy shall be

filled up by the Government by nomination or appointment as the

case may be and such Member shall hold office only for the

remainder of the term of the Member in whose place he was

nominated or appointed.

13. There shall be an Executive Committee for the Council which shall

consist of the following members, namely:-

i) The Chief Secretary ; Chairman

ii) The Member Secretary of the Council ; Member

iii) The Director, Higher & Technical Education; Member -Secretary

iv) The State Project Director; Member

v) Two Academician’s of repute who are the

members of the Council nominated by it by

rotation for a period of one /two years; Member

14. The Executive Committee shall have the following powers and

duties, namely, -

(i) It shall be competent to take decisions on behalf of the Council,

subject to the concurrence of the council in all matters with policy

implications:

Provided that in urgent circumstances the Executive Committee

may take a decision subject to ratification by the Council;

(ii) It shall incur such expenses as are necessary to fulfill the

objectives set out in this notification and carry out all decisions

taken by the Council;

(iii) It shall present before the council the annual academic and

financial audit reports of the Council for its approval; and

(iv) It shall have such other powers, functions and duties as may be

prescribed.

Filling up of casual vacancy.

The Executive Committee.

Power and functions of the Executive Committee.

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018 [PART-IV804

15.

(i) The meetings of the Executive Committee shall be convened

by the Member Secretary on the advice of the Chairman;

(ii) It shall meet as often as may be necessary, at such time and

place and observe such rules of procedure as may be provided

in the rules provided that it shall meet at least once in three

months;

(iii) The quorum for the meeting of the Executive Committee shall

be at least half of the filled up membership in each body and

decisions may be taken in the meetings by simple majority of

those present and voting;

(iv) The Vice-Chairman of the Council may for the purpose of

carrying out the objectives of the notification, invite in writing

any person who is not a member of the Council to take part in

the deliberations of particular meetings of the Executive

Committee and any other Body constituted by the council for

specific purposes as special invitees and such invitees shall

have no right to vote in the meetings; and

(v) The special invitees shall be paid from and out of the funds of

the council such sums as may be approved by the Vice-

Chairman.

16. (1) On the recommendation of the Council or the Government may

direct any university with such modification as may be

necessary to implement the reforms in such manner as may

be specified therein.

(2) Notwithstanding anything contained in any law for the time being

in force, it shall be obligatory on the part of the university to

implement the directions given by the Government and to report

the action taken to the Government and the Council accordingly.

(3) The Council shall review from time to time the compliance by

the universities, of the direction given by the Government.

17. (1) The funds of the Council shall include all sums which may, from

time to time be paid to it by the Government and all other

receipts including any sum from the Central Government, the

University Grants Commission or any other authority, institutions

or person.

Meetings of the Executive Committee.

Directions by the Government.

Funds of the Council.

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018PART-IV] 805

(2) The Government may pay to the Council every financial year

such sums as may be considered necessary for the functioning

of the Council and for the discharge of its responsibilities and

duties.

(3) Al l expenditure incurred by the Counci l under or for

the purposes of this Act shall be defrayed from out of the

Fund and any surplus remaining, after such expenditure

has been met, shall be invested in such manner as may

be prescribed.

18. (1) The account of the Counci l shal l be maintained in

such manner and in such form as may be prescribed.

(2) The Counci l shal l prepare an annual statement of

accounts in such form and in such manner as may be

prescribed.

(3) The accounts of the Counci l shal l be audited once

in a year by such auditor as the Government may appoint

on this behalf.

(4) The Member Secretary to the Council shall cause the annual

audit report to be printed and forward a printed copy thereof

to each member and shall 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 Government within such

time as may be prescribed.

(7) The Government shall as soon as may be after the receipt of

the annual accounts together with the audit report cause the

same to be laid before the Meghalaya Legislative Assembly.

19. (1) The Counci l shal l prepare for every year a report of

its activities under this Act during that year and submit

the report to the Government.

(2) The Government shall, as soon as may be after the receipt of

a report under sub-section (1), cause the same to be laid before

the Meghalaya Legislative Assembly.

Annual Accounts and Audit.

Annual Report.

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018 [PART-IV806

20. No suit, prosecution or other legal proceedings shall lie against the

Council or any member or officer or employees of the Council for anything which is done or intended to be done in good faith in pursuance of the provisions of this Act or any rules or regulations made there under.

21. The Council may, with prior approval of the Government recruit officers and staff from open market or bring such officers and staff from the Department of Higher & Technical Education and the Government institutions, as it deems necessary for the discharge of its functions under this Act. The terms and condit ions of service of the officers and staff of the Council shall be such as may be specified in the regulations’ to be framed by the council.

22. The Chairman, Vice-Chairman, Members, Officers and Staff of the Council shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act or any rule or regulation or order or direction made or issued under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (Central Act No. 45 of 1860).

23. The Council may, with prior approval of the Government, make rules not inconsistent with the provisions of this Act and rules made there under for carrying out all or any of the purposes of this Act.

24. (1) The Government may by notif ication make rules either prospectively or retrospectively for carrying out all or any of the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Meghalaya Legislative Assembly.

25. If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, of do anything not in consistent with the provisions of this Act, which appears to it be necessary to remove such difficulty:

Provided that no order under this section shall be made after the expiry of a period of two years from the date of commencement of this Act.

Protection of Acts done in good faith.

Power to make regulations.

Staff of the Council.

Members and staff of the Council to be public servants.

Power to make rules.

Power to remove difficulties.

THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 27, 2018PART-IV] 807

SHILLONG: Printed and Published by the Director, Printing and Stationery, Meghalaya, Shillong. (Extraordinary Gazette of Meghalaya) No. 427 - 730 + 200 — 27 - 4 - 2018.

website:- http://megpns.gov.in/gazette/gazette.asp

W. KHYLLEP, Secretary to the Govt. of Meghalaya,

Law Department.