Manipur act 009 of 2016 : The Manipur State Higher Education Council Act, 2016

GAZETTE

.....

EXTRAO-RDINARY

PUBLISHED ^BYAUTHORITY

GOVERNMENT ^OFMANIPUR

SECRETARIAT :^{LAW &}LEGISLATIVE

AFFAIRS

DEPARTMENT

\ ^No.285

Imphal,

Saturday, October

29,

2016

NOTIFICATION

Imphal, ^the29th

October, ²⁰¹⁶ (Kartika ^7,1938) \

•

No.

2/29/2016-LegtL:

The

following

Act of the

Legislature, Manipur

which

received assent of the

-Governor of

Manipur ^onOctober

21,

2016

is

hereby

published

in the Official

Gazette. '

THE MANIPUR

STATE IDGHER EDUCATION COUNCIL

ACT,

2016

(Manipur ^ActNo.9of

2016)

ACT

to

provide

for

setting up ofthe

Manipur

Council

of Higher

Education. WHEREAS, ^{it is}n?? ^toestablish^aState

High.et Education ?--------?- ^---?-??

Council ^for

the??e ^of

?ur ^asacollective ^ofthe

Government, -?--

.

.._____ -

?versit[e$, Colleges,. Aeademics

and

·

.· . . ·

... ·.

.· ·.

orge

a

synergic relationshiplunong^{them by}occupying^an

operational.space^in.·.... ·

-?

the.···^..

Governinent,. Univffiities ^and

Cg.lleges^on·onehand and. between ?-

.

?----

Universities ^andapex· level

regµlatory bodies^onthe

.other, ^{with the,} ·

foUowingobj.ectives:

i)

Promote academic

excellence^and

social

justic:e ⁱⁿ

policy formulation ^and

?ve

planning.

..

ii) Ensuring.^theautonomy,. acC()untability^andco-<>tdination among all institutions

<>f Higher Education

in

the

State,

and ·

·

iii)

Guiding^theharmonious growth.ofHighet Educationⁱⁿ

accordance with ^thesocio-economic

needs of

the

State.¹

Or

2

Be it enacted·

by

the

Legislature

of

Man.ipur in

the

.

Sixty-seventh Year of

tbe

Republic oflndia as follows:-·. Definitions.

Short

title, ,._teat and

CBAP'J:..,.....d.-1 ; PRELIMINARY ^·

This Act may

.^becalled the

Manipur

State

Higher Education Council

Act,

2016.

(Il) ^Itshall

extend^tothewhole^of

the $tate

of

Manipur. , (Ill) ^{· It}shall come·^into

force on ?e

date ^of

i? publication

in. the Official Gazette ofthe

Goveounent

ofManj.pur.:

·

·

1

(I)

WHEREAS, ^{it is also}necessary

teset

up

a

State.HigherEducation Council for^theStateof

Manipur establishthrough

a law

enacted

by

the <

... _.

.

' ' ' Manipur

.

State. Legislature

.

as an essential

..

rc,qwrement under

.

the Guidelines of^the

.Rashtriya Uchhatar Shiksha

Abbiyan .(National

Higher Education Mission) under ^the

Ministry^of

Hunian

Resource Development, Government ^of

India

fot^the

objectives mentioned

above; And

WHEREAS,

in order to

achieve

the above said

objectives,

it is

necessaryto empower ^the

Manipur State

}Ugher Education Council td:. . i)

Review^andcoordinate

the,implmenµuion^of

policies

in all

Higher Education Institutions in

the State

includingUniv-ersiti?. Research Institutions

and

colleges. ·

_

ii)

Network various programmes ⁱⁿ

Higher Education

undertaken and promoted by ^theCentral^andState

governments

and

by

the -

National

Level

Regulatory bodies

including the

University

Grants Commission, ^All

India

Council^for

Technical

Education,

National ·

Council ^for

Teacher

Educatiol)., Medical , Council of

India,

Bar

.

Council^ofIndia and other similar

statlltory

bodies.

.

.

iii)

Undertalce

independent^{work for}

the

generation,

diffi.1$ion

and dissemination ^ofnew ideas ill

fli$her:Educ?tion,:

iv)

Provide cott1D;1011 fadilities ^forall

Universities,

Research ·

Institutioas,

Colleges, and, othet centres of

Higher Ed?tion, v)

Provide ^forthe

generation, augmentation .and

optimumutilization of

funds

for

expansion and

development of

HigherE?ucation, and ·vi} U,,Aertake ^such

other

programmes^for

promoting the: objectives of social

justice

and

excellence

.in.High.er and

Technical. Education in Manipur

.

.----?--·-------

----------- ^---

--- ------

------------

2.

Inthis

Act,

unless the context

otaerwiserequiresi-

.

' -

l '

l) n;

3

a) ^"All

India Council ^for

Technfoal Education" means^theAllIndia central ^Aet.. Council ^forTechnical 'Education constituted

under ^theAllIndia .N.o.51

or 1987• Council ^forTechnical Education

Act, ^1987:

b) ^"BarCouncil ^ofIndia" means^theBarCouncil

constituted

under Central A?t the

Advocates Act, ^{· I}

961; No.25 of 1961, c)

"Chairman" means^thechairman ^{of the}Council.

d) "College"

means ^anyCollege ^orinstitution

approved ^{by, or} affiliated ^to,any University including Manipur

University

within the

State

of

Manipur

and

provides ^any

courses^of

study ^for admission ^tothe

examination ^{of the}

University ^andinclusive ^of autonomous Colleges. e)

"Council" means

th?

Manipur

State

Higher

Bducation

Council, constituted

under Section 3 ^{ofthis Act} t)

"Executive Committee" means^the

Executive Committee ^ofthe Council;

g)

"Member

Secretary"

means^theMem?

Secre? ^{of the}

Council; h)

"Government"

means^theGovernment^of

Manipur;

i) "Higher

Education" means^anEducation,

whether

professional, Technical

Education^orotherwise, ^andincludes

research studies leading ^totheaward ^ofaDegree ^or ·

Diploma

or Certificate

by

a University ^oraninstitution

approved

by ^the

University;

"Institution" means .an Academic

Institution of

Higher

Education and

researcB,

hot being ^a

College,

associated ^withandadmitted^to privileges ^ofa

University ^ormaintained ^{by a}University k)

"Medical Council ^of

India" means^theCouncil constituted

under Central

Act the Im.Han-Medical

Council Act,1956; No.l0lon956•

"Member" means a -i?e.mbet ^{of the}Council^orthe

Executive Committee, ^asthecase

maybe;- '-----

m)

"National Council ^ofTeachers

?n"

means council Central Act constituted

under ^theNational Council^of

Teac?ucation ^Act No.73 ot'l993. 1993;

---?

"Prescribed" means Prescribed

by

rules ^madeunder ^{this Act?}?-?-----_ -?-

o) ''RegularSttident$?' means ^a-

regular

student ^ofaUniversity ^ora College

affiliated ^toa

University;

p) "Regulations"

means^the

regulations ^made

by ^the

Council

under this

Act; q)

"Rules" means^theR.uws.made

by ^the

State

Government; r)

"State" means^theState ofMw)m_r,.; s)

"Statutes". "Ordinances'; ^and

"Regulations" ^ofaUmvetsity means respectively ^the

statutes,^the

ordinances^{and the}

Regulations issued under ^the

respective

Acts of^aUniversity;

3

4

I

I

,

I,

t) "Teacher" means

any

regular teacher

working in a

Universey,Governmentor

GbvertmtentAided or

Private

Collegeor

institutfon I . ·

I

•whose

appointmemhas been· made or

approved

by or on

behalf bfthe

Governmentor

a

University;

·

' : u)

''University"means

any

University in the

State

established

by

the State

Legislature; v)

"University Grants Commission" means

·

the

Commission establishedunder the

Univ?ityGrants

Commission ;Act, 1956;

w) "Vice-Chaiiman·?means the

YiceChairman of

the

C9uncif

I

I

Central

'ActNo.J ofl9S6,:

.

I

I

.

I

I

I

CHAPTER-II I

I CONSTITUTION,FUNCTIONSAND

POWERS OF

THE

COUNCIL

I

I (c)

.The

Administrative Secretaryof the

Government Member ,Departmentof

Higher Education,Manipur &

ei-of!!cio- --

Secretary'State Project Director, Manipur

·

• Member Ex?fficio '

Me?ber

"

Members

(a) The

Minist?rin-charge of

Higher ?ucation of

the

State

ehairman

(b) ^An

academi?.or

M!!C?k,nistofrepute,preferably,a

Vice- .

retired Vice'

Cruuicellorof a Central or State

University Chairman or.aperson of

outstandingreputation

in

the

field of l{igherEducationor

sitjiilarlyqualifiedperson

1bfrepute.

I

I

•

3.

(I) The

Government-shall constiiuii::th? cow1ci1 to

be

called the

Constitution or the

CoJncil Manip?HigherEducation

Co?ci} which

sbaU consist of

the

following,namely..

,

· -·-·---·' (d)

Pirector, University and

High?;riducation,Manipur & ex-officio

,4.dditio??cate Project pirector,Manipur (e)

;Fiv? itcade?ciansof

repute

from differentacademic disciplines^of

whomI (one) shall

be a

woman

and I '(one) belonging to the

Tribal

CODllllunity ofManipur(to :be

nominated

by

the

S?teGovernment. Oeparttn;n!of 'Higher Education)

t

I

(t)

.

Two

Principalsone

from

Autonomous College and ·

other one from

General

Colleges(to

be

qominatedby: the

State

Government _Departmentof

Higher

· ·Education) ^·

(g) One nomineeof

the

Ministry of

HtµnanResource Development,Government of

India

(to

be

nominated byMHR.Dj

.

(h) ^Onenominee^ofthe

University Grants Commission ^(to be nominated

by

UGC)

(i)

Administrative

Secretary,^Law

Department, Government ^of

Manipur (^orhis

representative^not below ^{therank of}

JointSecretary)

0) ^TheAdministrative Secretary, Commerce^&

Industry Department, Government

ofManipur^{(or his} representative^notbelowthe rankof

Joint

Secretary}

(k) ^The

Administrative Secretary,

Finance

Department, Government

ofManipur

(^orbis

represet,ttative^not below ^therankof

Joint

Secretary)

(l) ^The

AchnimstrativeSecretary, Health ^&

Family WelfareDepartment, Government^of

Manipur(or^his representative^notbelow ^therankofJoint

Secretary)

(m) ^TheCbntroller ^I

Director,

Technical

Education, Government ^of

Manipur. ·

(n) ^The

Chairman,

Council

ofHigb.erSecondary Education,M@ipur (CoHSEM) Ex-officio

Member

Ex-officio

Member

Ex-officio

Member

Ex-officio

Member

Ex-officio

Member

Ex-officio

Member

Bx-officio

Member.

r

(o) ^TheChairman, Board^of

Secondary Education; Manipur

Ex-officio (BoSEM)

Member The

Council ^bea

bodycorporate by ^thenameaforesaid, having perpetual succession ^anda common^sealand

shall,by ^thesaidname, ^sueandbe

sued.

(2) ^The

headquarters.of^the

Council shall^beat

Imphal.

4. (l). No person shall

.be

quatified for nomination^ortocontinue^asa member oftheCourtci1, ^{ifonthedateof}such nomination/Teaure,

he/she ^is-

(a) ^ofunsound ^mindoradeaf,mute; ^or·

(b) adjudicated^asanu.n-discharged insolv:ent;^or (c)

sentenced

by ^acriminal

court^to

imprisonment^forany offence

involving 01oral depravity;^or

(d) directly^orindirectlyby

himselfpr ^his

partner ^hasanyshare or interest in

any work done

by

order

of,

or in any

contract entered ^intoon behalf ^ofthe

Council; ^or

(e) ^a

person ^whohas.been

termlnated/suspended^fromany

:

Government

or University/organization on account of misconduct ^or

negligence^orlackof

integrity;^or

(f) ^a

person ^whohasanycriminal case, including economic offence, ^etc.

pending against^{him inany}court^{of law; or} Oi$qualifications

5

l \

6

(g) ^anyother

gross

misconduct^{that · maybe}

considered^not suitable ^'for

holdingany post ^ormembership ^{in the}Council which may^bedecided

by· ^theState

Government ^jn consultation ^with

the

Chairman^and

Member

Secretary ^of the Council.

(2) ^Incaseof

dispute ^ordoubt^{as to}whether-a

personis disqualified under sub-section

( ¹),

the decision:

of the

Government shall

be final. {3) ^Saveasotherwise ·

provided

in this

Act,

no

person

who

is

·

not a graduate ^ofanyUniversity

established ^{by. law}

shaH^be

eligible for nomination^{as a}member of ^theCouncil

under

thjs ^Act. ·

5? With

the

primary

objective

.of', ensuring

,tangible,· effective

and Functions or.the concrete

improvements in

the three identified essential elements

of

Higher Council Education, namely,access,

equity and

quality',^inthe

State ^of

Manipur, through

institutional

improvements, provision.^ornecessary lnfrastructure, academicand administrativereforms.etc. as'may^beconsidered necessary in ^the

process, the powers and

functions ^oftheCouncil

shall ^beasfollows-^,

(i) ^Itshall· render

advice ^tothe

Government; Universities ^and other Institutions df Higher

Education within ^the

State; ·

(ii) ,^It,shall co-ordinate ^the

.roles^{of. the}

government, Universities ^andother

apex· regulatory.agencies ⁱⁿ

Higher

Education within,

the

State;

(iii) ^:ltshall evolve^new

concepts, ^andprogrammes ⁱⁿ

Higher Education; ^· · ·

(iv) ^It.shall

provide

eommon facllitiesⁱⁿ

higher ed1.1catton without

impinging upen ^the

autoaomy ^ofother institutions ^of

higher education;

.

' .

(v) ^Itshall

provide

academic

inputs ^tothe

Government^andto the

universities,

colleges ^andother institutions of

higher

education in the State·

for the formulation

and

itnplemt;ntatiQn of

the

policies^of higher

education ^andevolve^a

perspective plan ^for

thedevelopment of

higher

education, ^{suo moto or on}the

suggestion

from· Government or requests from universities or other institutions;

(vi) It.

shall

evolve

programmes ⁱⁿ

order^to

promote ^the relevance of

higher

education for

economic,

social' ^andcultural development ^{of the}state; .

(vii) ^ltshall

suggest improvements ⁱⁿ

curriculum ^·and

syllabi ⁱⁿ accordance

with: ^the

changing

societal ^andacademic

requirements and

facilitate^the

development ^and

publication

of

appropriate teaching

material, including

textbooks,

educational

softwares^ande.;.' learning

facilities ⁱⁿorder^toimprove the quality pf education; ·

(viii) ^Itshall advise^theGovernment^onthe

starting ^ofnew courses, colleges· and

other

higher

education institutions

in^the

State;

I

6

(ix) ^Itshall

review ^·

periodically ^the

State

Higher Education Plan, Perspective ^{Plan and}

Annual. ^{Plan and}monitor. their

implem.ent.ation;

7

.,

.

(x)

It shall

review

periodically

th? Statutes, Ordinances and Regulations ^oftheUniversities ^{in the. .}State^and

suggest apprc,priate improvements ^for

?e

realisation ^{of the}

c>bjectives^?f social justice ^andacademic

excellence ⁱⁿeducation and

suggest ^the framework ^{for new ·}

Statutes, Ordinances ^or

Regulations ^for existing

Universities ^orother institutions of

higher

education or· new Universities ^orother

institutions

of

higher

education;

(xi) ^Itshall

facilitate^the

development of

synergic

relationships among different agencies

such^asthe State Government, Universities, colleges ^and

other

institutions- .·

of

higher

education in the

State and ^the

Central

Government^and

regulatory bodies at -

the

national level; -

(xii) ^It

shall. coordinate

various

programmes being promoted

•and undertaken by ^the

Central^and

S!,ate

Governments and· National level bodies· li}ce.University (]rants Commissio:u.,

All India Council of Techni®

Ed.ucatio:u.,. National

Council ^forTeachers Education, Medical Council ^of

India, ^BarCouncil ^ofIndia ^and'other

statUtory bodies and

State level -institutions ^likeUniversities, resea.tth

institutions, colleges ^and

other instifutioI1S ^of

higher

education in

the

territ<>rY of

India;

(xiii) ^It

shall

promote ??-?d._?-aclrv-ifies?in ^the colleges,

other. institutiC>DS^and

Universitiei$ ^and

integrate them with co-eurric?

activities; ·

(xiv) ^It

shall monitor ^theprogress^of

implementati?

·of the

Development

programmes ^of · ·

Universities, Colleges ^andother institutions ^of

higher

education

taken^{up in the}St.ate;

(xv) ^Itshall

promote co-operation ^and co-ordination ^ofthe educational

institutions among.themselves ^and

explore.the

scope for

inter?actions ^with

industry ^andother related

ageneies;

(xvi) ^It

smJI prepare ^anannual

report showing

details ^{of its}

performance;

(xvii) It sha.Jlsu;??-m? ^for

the,.a@ettlic^..an.d

tnonetaty accollD.tability,.

.

integrity ^andresponsibil1ty^oftiie

Universities, Colleges, ^and

other Institutions of.Higher

Education in ^the

State;

(xviii) ^Itshall

approve^the

annual

budget ^and audited·

statement ^of expenditure ^insuchmaaner^{as maybe}

prescribed; '

(xix) ^Itshall ^givesuchdirections ^tothe executive council^{as may}

be necessary for the effective

functioning.

of the

council in

accordance ^{with its}

objectives;

(xx) ^Itshall advise ^theGovernment, Universities ^andother

institutions of

higher

education regarding ^the

procedure of

7

t ' ' ^. '

'

8

implementation^ofitsdecisions: ^{in all}institutions ^of

higher

education including

Universities, colleges ^andother 'instltutions ^of

higher education in the

State;

(xxi) ^Itshall

suggest

measures ^to:enhance the standard

of, Rese?h

projects ^.in

untapped

areas^lbranch ^ofstudies

amongst students l research

scholars in the·

State;

(xxii) .^Itsha.11

devise , steps ^to

improve the standard

of examinations

conducted,

by

Universities ^and

suggest^;necessary^. reforms;

(xxiii) ^Itshall

facilitate training^.of

teachers ⁱⁿuniversities and,

Colleges;

·

·(,otiv) ^Itshall

develop

programmes^for

greater academic co-:

operation ^andinteraction between Univetsity ·

and

college

teachers and to facilitate mobility:of

students

and

teachers within

and

outside the

State;

(xxv) ^It ·

shall advise ^onthe

regulation

of

admission ⁱⁿ Universities, Colleges ^andinstitutions ^of

Higher

Education; (xx-vi) ^Itshall review

periodically,^the

existing: guidelines ^and, furnish recommendations ^for

regulating appointments ^tothePosts ^of Teachers

and,

Teacher-administrators

in ^·

Universities, Colleges

and:

other

Institutions of

Higher

Education;

(xxvii) ^it

sn.ull^{?p?e an}overview

report ^onthe

working of ^the. Universities ^and

Colleges· ⁱⁿ

the

State^and

fu1iliSh^a

t.npy thereof ^to. the Governm¢n,t

and such other· authorities ^as·the

Government^may, specify;·

(xxviii} ^'Itshall

perform ^suchother functions^{for the}realization^of the

objectives ^·of

access,

equality,

equity ^andexcellence ⁱⁿ

Higher Education;

(xxix) ^Itshall advise ^theGovernment ^onthe:

following: ^.. -a)

Rt??!c!!!!g!b.e??,

if?;-.zfa.ftngi:o

theestabHshment of new Universities ^and

Colleges

besides •additional

sub?cts and

departments ⁱⁿ

the

existing

Universities

and

Colleges;

b) Regarding ·

the

statutes, ^,

ordinances ^and

regulations

of Universities ^inthe

State ^{and to}

suggest modification wherever

required· ^tomaintain^.uniformity

in the administration

without

prejudice ^tothe

autonomy^for academic

pursuits; · ·

c} ^Onany University,

College ^orInstitution^.of

Higher Education or

any other

matter

relating ^to

Higher

Education and research which may be referred ^tothe

Council;

(xxx) ^Itshall

.perform ^anyother function necessary for ^the

furtherance of

Higher

Education

in the State; -

-?

8

9

The powers and

duties

of^theCouncil shall

be as follows :6. (a)

(b)

(c)

(d)

(e)

It

shall prepare

a

Perspective

Plan for

implementation

of thepolicies,

evolve

various

programmes ^and

determine ^the priorities ^{of such}

programmes ^for

implementation; It shall

propose generalguidelines for the

release

of

grsnts by ^the

Government^to

universities,

.Colleges ^and

.

other institutions ^of

higher

education ^and

advise the Government. about ^the

release ^ofsuch

grants ^toeach

University^·and other

institutiot1S^of

higher Education; It

shall

give

such directions as

may be necessaxy

- · for effective

functioning ^ofthe

Executive

Committee ⁱⁿ accordance with ^its

objectives;

,

It

shall

frame.

guidelines ⁱⁿ

accordance with^this notification ^andthe

rules^made

there

under; It shall have

suchetherpowers

as

may be

prescribed

for

the effective

implementation ^ofthe programmes ^forthe furtherance ^ofthe

objectives^oftheCouncil. Powers and

dllties or the

Council

7.

(1)

The

Chainnan shall-have

the

right

to call

for

report

on

any matter

pertaining ^tothe affairs of the Council

and ^·

offer suggestions^for

improvement ^ofthe

functioning^{of the}

Council.

(2) ^The

Chainp.an _

shall

preside ^overthe

meetings ^{of the} Counciland

the

Executive

Committee. The Chairman

8.

(1)

The Vice-Chairman shall

preside

over the

meetings

of the The

Vice- .Council or^theExecutive

Committee

in ^the

absence ^{of the}Chah:man Chairman.

(2) ^The

Vice-Cbairman

shall

exercise ^suchother

powers ^and perform ^such

other functions^as

may^be

prescribed ^or

delegated by ^the

Chairman.

10.

(I) ^The·term^oftheCouncil

shall ^be

for a

period

of

five years.

(2) ^TheMember

Secretary ^will

inform^theGovernment ⁱⁿ

writing ^to ·

reconstitute ^the

Council before ^{theend ofthe}term. a. The Vice Chairman

and other members may in

writing

addressed to the

Chairman resign his

membership :frotll the

Council.

9.

(1)

The

Member

Secretary:

The

Member

Secretary· shall·

be responsible^forthe

co-ordination ^ofthe

functions ^{of the}Council.

(2) ^The

Member

Secretary

shall exercise ^such

powers ^and perform^such

others

functions^as

may^be

prescribed. The

Member Secretary Termolthe Council

·10 Filliig

11por ?uatv,caraC)' Removal^from M.embenhi'p'4)t' the Council ^, '

'

13.

(1)

If^acasual

vacancy arises' ⁱⁿthe office of ^a

?ominated^or appointed Membet,

either^by

reason^of bis death, resignation, removal.^or otherwise, ^such

vaca:ncy shall ^be

:tilled:^upby ^1heGoV"enunent by nomination ^orappointment,,^{asthe casemay} be and such

Member shall hold office only ^forthe remainder of ^{the termof the}Member in whose

place^{he was}noininateU^or appo?.

'

.

(2) ^·ToeVice?Cbairma11 or Member.Secretary

shall not be removed except by ^anorder of ^the·state

Govetnment ^on

th?

ground of wilful omission ^orrefusal ^to

carry out tb,eprovisions of this

Act ^or Rules ^1or Regulations^made

there under ^or for

abuse .of the

powers vested in him

after consideration ^{of the·}

report of 8Il inquiry ordered

by ^the State Government ^inthisbehalf.

12. {l) ^,

If, ^at

any time, it

appears ^to

the Government that ^amembex ?iri.ted ^ornommated^bas

proved lthnSelf^tobeunfit ^toholdoffice or

bas been guilty of

misco?duct^orneglect which ^inthe

opiniQ:n^ofthe Government

renders^bis removal ^fromthemembership^of the Council, ^as

?ent, ^theGo:vemnient

roa.y, ?er giving^such

metnbet ^,a reasonable oppo,\1lJlitY^ofshowing cause ^as to whyhe>$ba!lnot QC.removed from Ille ^;

Council ^andaftet examining the ^samedecide whether ^to continue ^or

remove. such member, ^as the ^casemay be,

from his membership^{and in} case of such removal

from the membership ^oftheCouncil, it shall

be made by notification. Provided ^heshall

continue ^to hold

office ·until ^theresignation is

accepted^{by the}Chairman..

11.

(l)

The meetings· of the ·council

shall ^beconve11ed by the Member Meeting

of

the SecretarY ^ontheadvice of the Cbairylan. ·

Couneil {2)^'fheCouncil

shall meet ^asoften^as

imi.y be necessary, ^atsuch

time and· place-and observe^such

rules ^of

procedure, as

may be provided in this

Act, provided^it

shall ^{meet at}least twice ^a

year. {3)^Itshall^{have the}

power to act,

not witbstandin.S any vacancy in the

membership·^oranydefect ^inthe constitutionth?of, ^{and the}

proceedings of ^theCounciLshall^bevalid ^not withstanding^{that some}person,^who was

not entitled

to be ^a member,1had attended,.^orotherwise bad taken· part ⁱⁿ

the

proceedings ofithe Council.

(4) ^The

quorwn^of. the

.

meeting ^{of the}Collllcil shall be one third

of the, total members ^{of the.}Council. The decisions .of ^themeeting ^may be taken

.

by simplemajority^of

those

present and voting. '

t

i

I

i j

I

i'

11

CHAPTER-UI

THE

mcuTIVE

COMMITtEE

14.

There

shall be an Executive

Committee for the

Council which shall consist

ofthefollowingmembers;namely:-

The

·Exec:atne Committee

(a) ^the

Cbamria:rfoftheCouncil^-

(b) ^The

Vice-Chainnan ^ofthe

Council

(c) ^The

Member-Secretary^{of the}Council

(d) ^The

Director, University^&

Higher Education : Chairman.

:Member

tMember

:

Member-Secretary (e)

Three ^oftheFive

academicians^of

:repme

who : Members are members of the Council

nominated

by

it

for aperiod ^oftwoyears by

rotation ·

15.

The

Executive Committee shall

have the

followingpowers

and perform^the

following functioll$,namely:-

(a) ^It

shall^be

competent to

take decisions on behalf of

the

Council, subject^totheconcurrence ^{· ofthe}

Councilin

all matters with

policy implicatiollS; Provided that in

urgent

citcumstances the

Executive Committeemay

take a aecision

subject to tatlfication

by

the

Council. In

the event that

such

decision is not.

rectified,

it

shall

be

deemed to have

been withheld. ^·

(b) ^It

shall incur such

expensesas

are

necessary

to

fulfil-

the. objectives^{setoutin this}Act and

catty out all

decisions taken

by

the Council;

(c) ^It·shall

present before ^the

Council

the

annual

academic

and financial audit reports

of

the CollDCilfor

its

approval; and

.

(d) ^It

shall^{have such}other

pafms, functions and

duties as

may

be prescnoed.

16.

(1) .The

meetings of

the

Executive

Committee shall

be. convened

by

.

the

Member

secretaryon the

advice of

the

Chairman; ·

(2) ^Itshall^meetas often as

may be

necessary,

at such

time and

place and observe such

rules of

ptocedu:re as

may

be

provided

m the

rules provided^that

it.shall ^{meet at}least onceⁱⁿ

three months. ()) ^Thequorum^forthe

meeting of

the

Executive

Committee.

shall be at least two

third

·of

the

filled· up membership and

decisions may be

taken in the

meetingsby

simple majority of

those

present

and

voting. Powerod fbctio•s of the Etecative

·Committee

·

Meetings of

tile Executive Coqunittee

12

------------------

---------

Annual

Accoaats and Audit. FundsoUhe CounciL, Directions by ^the Governinent. ----

OJAPTER.-V^,

FUNDS ^OFTHEcoUNCU.

18.

(1)

The funds

of the.Council shall include ^all sllIDSwhich may,Irom_fune to time

be

paid by

the Gove:rmnent and all

other :receipts including ^any1 sum,

from ^theCentral Government, the University

Grants Commission ^{or any}other authority, institutions^or.person.

:

('f)^TheGovernment ^may pay- ^tothe

Council

every :financial.yelll' such ^sums

as may be considered necessary for the functioning of

the Council ^{and forthe} discharge ofits responsibilities and duties.

(3)^All.expenditure in

the Council u,id« ^or

for 1he

purposes

of this Act shall

be defrayed from out of the Fund

and any surplus@JnSining,. after

.

such ex.pen.di? ^basbeenmet, shall ^beinvested ⁱⁿsuch

manner. as

may be prescribed.

.

.

19, (1) ^Theaccounts

of the Council

shall ^be maintained^insuchmanner-and in

such.^{form asmay} be prescribed;

(2) ^TheCouncil shall prepare ^anannual statement of

accountsⁱⁿ such form and ⁱⁿSlJCh manner ^{as may} be prescribed;

.

(3) ^TIie'1 ^{of the} C<,unci\ $ball ^beaudited ^OiU in a

year ?. ^such auditor ^asthe Government^roay appoint.^inthisbehalf;

(4) ^TheMember

SecretarY of ^theCouncil shall cause the annual

audit

report to be

printed and forward ^aprinted copy

thereof ^toeach member ^and shall

place ^suchreport before ^theCouncil ^for consideration ^{atits next} meeting;

(5) ^TheCouncil shall take appropriate action forthwith to remedy any defect

or irregularity that may be

pointed^outi'n the audit report;^_ CHAPTER-IV ^··

DIRECTIONS^BYTHEGOVERNMENT

17; On

the recolillilendation of ^theCouncil, ^orsuo-moto, the Government

fDfrJ dlrect IUlYUniversity, College ^orotlier Jnslitmions of

higher

edu<;atio,lⁱⁿ the

State with such^. modification^asm.ayben?ssary to implement

the --.-^{-?-- --} --

?

-in socir

-- ·as -rn•rbe sp¢clfi.d^,tiJei,:in.

N ^.

anytbh>g contained ^inany .Jaw ^{for thefune}

being ⁱⁿforce, ^it shall be

obligatory ^onthe

part of ^theUniversity College or other institutions of

higher education^inthe

State ^toimplement the diteclions given by the Government

and to report ^theaction taken ^totheGovernment and the Council accordingly.. TIie Council sb/!11 review .from ^{time to}.time

tbe compliaooe by

1he universities, Colleges ^or other iostituµOns of Higher Education, of^the

·

direction given by ^theGovernment \

1'

!

1

:i t

13

(§) ^The

accounts^{of the}Council^ascertified ^{by the}auditor

together with ^the ·

audit

report along

with

the remarks of·

the Council

thereon shall ^be

.

forwarded ^totheGovernment within ^{suchtimeas maybe}

prescribed;

(7) The Gov? shall, ^{as soon as maybe}

after^the

receipt ^{of the}annual accounts together with"tb.e, aucfitreport

cause the^sametobe laid

before the

ManipUrl..egislative Assembly.

20.

(1)

The

.

Co'ilhcil

.

shall

prepare^for

every

year ^a

report. ^ofitsactivities Annual

Rq,ort under thisActduring ^{that year}ana

su.J,mit^the

report ^totheGovernment.

(2) ^The

Government sba.J.l,^{as soon as maybe}after ^the

receipt .of a

report under sub-section

(I),

cause the^sametobe laid

before

the

Maniput Legislative Assembly. CounciL

Staffoftbe

Central ^Act

No.-45 ofl8'0 Power ^tomake regulations. Memb«!n ^odstaff of ^the

Co111_1cifto be public

servuts. rrotedion ^ofacts done iil

good faith

(2)

Every ^rulemadeunder^{this Act}shall ^be

laid,^{as soonas may} be after ^itis made,

before^the

Manipur Legislative Assembly,

while ^{itis in}

session,

which may ^be

comprised^inone·session^{orintwoor more}successive sessions, and

if, CHAPTEQ...;Vl

MISCELLANEOUS

21.

·

No

suit, prosecution ^orother

legal proceedings

shall lie·

against

the Council or

any member^orofficer^or

employees

of^the

Council for

anything which is done^orintended ^tobe done in

good

faith in

pursuance

of the provisions^{ofthis Actor any}rules^or

regulations^made

there under^.

.

22.

'Ihe

Council may, ^with

prior approval of

the Government

appoint the

officers. ^and

staff

from^openmarket^or

bring ^such

officers^and

staff, ^as it

deems necessary^{for the}

discharge ^{of its}functions under ^{this Act} The

terms and conditions

ef

service ^oftheofficers and

staff ^ofthe·Council shall ^besuch

as

may be

prescribed in the

regulations

to be framed

?Y the Council.

23. ^TheNodal

Department ^for

the^.Council shall.^bethe

Department ^of Higher ^&Technical

Education,

Government^of

Manipur.

24. ^The

Chairman,

Vice-Chairman, Members,

Officers ^andStaff ^of .the

Council shall ^be

deemed,

wheri

acting ^or

purporting^toactin

pursuance^ofany of

the

provisions^ofthis ^{Actor anyruleor}

regulation ^ororder or direction

made or issued under

this Act shall ^bedeemed ^tobe

public

servants within the

meaning ^ofsection-21 ^oftheIndian Penal Code.

25.

(1)

The Council may, with

prior approval

of

the Government, make

regulations ^notinconsistent ^withthe

provisions^{ofthis Actfor}

carrying^outall «

any of

the

provisions of

this

Act (2} Ew.ryreguJatioos^made

by ^theCouncil

under^{this Act}

shall, ^{as soonas} may be,

be laid before ^the

House of ^the

State

Legislature.

26.

(1) ^TheGM:mmcm^mayby

notification

make rules either Power

ip.

make prospectively^ormrospedivdy, ^for

amying ^{outallor anyofthe}

provisions rules.

c,fthisAct.

14