LexThe Haryana State Higher Education Council Act, 2018 (4 of 2018)
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Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No. 71-2018/Ext.] CHANDIGARH, FRIDAY, APRIL 27, 2018 (VAISAKHA 7, 1940 SAKA )
LEGISLATIVE SUPPLEMENT
CONTENTS PAGES
PART-I ACTS
NIL
PART-II ORDINANCES
NIL
PART-III DELEGATED LEGISLATION
NIL
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
CORRIGENDUM OF LEG.7/2018 DATED 28-03-2018 OF THE HARYANA STATE 17
HIGHER EDUCATION COUNCIL ACT, 2018 (HARYANA ACT NO. 4 OF 2018).
(xl)
HARYANA GOVT. GAZ. (EXTRA.), APR. 27, 2018 (VYSK. 7, 1940 SAKA)
17
PART - IV
HARYANA GOVERNMENT
LEGISLATIVE SUPPLEMENT
Corrigendum
The 27th April, 2018
In the Haryana State Higher Education Cou ncil Act, 2018 (Haryana Act No. 4 of 2018), published in the
Haryana Government Gazette (Extraordinary), Legislative Supplement, Part -I, dated the 28th March, 2018, at page
31, in clause (xvii) of section 10, for “Acts;”, read “Ordinances;”.
KULDIP JAIN,
Secretary to Government Haryana,
Law and Legislative Department.
56232—L.R. —H.G.P., Chd.
(
x
x
ix
)
Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No.
52
-
201
8
/Ext.]
CHANDIGARH,
WEDNES
DAY
,
MARCH
2
8
, 2018
(
CHAITRA
7
,
19
40
SAKA
)
LEGISLATIVE SUPPLEMENT
CONTENTS
PAGES
PART
&
I
ACTS
1.
THE HARYANA STATE HIGHER E
DUCATION COUNCIL ACT, 2018
29
—
33
(HARYANA ACT NO. 4 OF 2018).
2.
THE HARYANA GROUP D EMPLOYEES (RECRUITMENT AND
35
—
43
CONDITIONS OF SERVICE) ACT, 2018 (HARYANA ACT NO.5 OF 2018).
PART
&
II
ORDINANCES
NIL
PART
&
III
DELEGATED LEGISLATION
NIL
PART
&
IV
CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
NIL
HARYANA
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29
PART I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 28th March, 2018
No. Leg.7/2018
.
—
The following Act of the Legislature of the State of Haryana received the
assent of the
Governor of Haryana on the 27th March, 2018 and is hereby published for general
information:
-
HARYANA ACT NO. 4 OF 2018
THE
HARYANA
STATE
HIGHER
EDUCATION
COUNCIL
ACT,
2018
A
N
ACT
to promote academic excellence and social justice by obtaining academic inpu
t for policy
formulation and perspective planning, ensuring autonomy and greater accountability of all
institutions of Higher Education in the State and guiding the growth of Higher Education in
accordance with the socio
-
economic requirements of the State
as per the requirement of Rashtriya
Uchchtar Shiksha Abhiyaan and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty
-
ninth Year of the
Republic of India as follows:
-
1.
(1)
This Act
may be called the Haryana State Higher Education Council Act, 2018.
(2)
It shall be deemed to have come into force with effect from the 28
th
February,
2018
.
Short title and
commencement.
2.
In this Act, unless the context otherwise requires,
-
(a)
“Chai
rperson” means the Chairperson of the Council;
(b)
“college” means a college or institution including autonomous college maintained
or approved or affiliated to any University which provides facility of studying in
syllabi from admission till examination;
(c)
“Commission” means the Haryana State Higher Education Commission constituted
under section 12;
(d)
“Council” means the Haryana State Higher Education Council constituted under
section 3;
(e)
“Higher Education” means any education stream whether financi
al, technical
including research studies that leads to award of degree, diploma or certificate but
does not include Medical, Agriculture, Animal Husbandry and Horticulture stream;
(f)
“institution” means an academic institution of Higher Education maintain
ed by, or
admitted to the privileges of the University;
(g)
“member” means a member of the Council and includes the Chairperson and
Vice
-
Chairperson;
(h)
“prescribed” means prescribed by the rules framed under this Act;
(i)
“State” means the State of Hary
ana;
(j)
“State Government” means the Government of the State of Haryana in the
administrative department;
(k)
“University” means any University established by an Act passed by the State
Legislature;
(l)
“University Grants Commission” means the Commission
established under the
University Grants Commission Act, 1956 (Central Act 3 of 1956);
(m)
“Vice
-
Chairperson” means Vice
-
Chairperson of the Council.
Definitions.
30
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Constitution of
Council.
3.
(1)
The State Government shall, by notification in the Official Ga
zette, constitute the
Haryana State Higher Education Council consisting of the following members, namely:
-
(a)
an educationist with proven leadership qualities or a famous intellectual
–
Chairperson;
(b)
an education administrator of all India repute who
is or has worked at least
on the post of Professor or equivalent post
–
Vice
-
Chairperson;
(c)
Principal Secretary, Higher Education
-
Member Secretary;
(d)
State Project Director
–
Member;
(e)
a representative of Higher Education Department not below the ra
nk of
Deputy Director
–
Member;
(f)
a representative of Technical Education Department not below the rank of
Deputy Director
-
Member;
(g)
a representative of Finance Department not below the rank of Joint
Secretary
–
Member;
(h)
fifteen members from the f
ield of art, science, technology, culture, social
sector and industry and professional Education etc.
-
Member:
Provided that ten members of the Council shall be from the State and
five members shall be from other States and shall be of national repute.
(
i)
Vice
-
Chancellors of any three Universities of the State
–
Member;
(j)
two Principals of autonomous or affiliated colleges
–
Member;
(k)
one member nominated by the Ministry of Human Resource Development,
Government of India
–
Member.
(2)
The Council sh
all be a body corporate by the name aforesaid having perpetual
succession and a common seal and shall by the said name sue and be sued.
(3)
The tenure of each nominated member shall be for a period of six years and one
-
third
of the members shall retire af
ter every two years. The Council shall nominate seven new members
in every two years.
(4)
The meeting of the Council shall be held once every three months.
(5)
The quorum of the meeting of the Council shall be one
-
third of the total number of
members inc
luding the Chairperson and the Member Secretary.
(6)
The headquarter of the Council shall at such place, as may be specified by the State
Government.
First
Chiarperson.
4.
The first Chairperson of the Council shall be appointed by the State Government an
d shall
continue as such till the Selection Committee selects a Chairperson under the provisions of this
Act.
Advisory
committee.
5.
(1)
There shall be an advisory committee consisting of three members who shall be
reputed academician or famous intellectu
als for the selection of Chairperson of the Council.
(2)
Out of the said three members, two members shall be nominated by the Council and
one member shall be nominated by the State Government.
(3)
The member nominated by the State Government shall be the
Chairperson of the
Advisory Committee.
Chairperson.
6.
(1)
The tenure of the Chairperson shall be for a period of five years.
(2)
The Chairperson may be removed by the State Government, if his work and
conduct is found unsatisfactory.
Selection
Committ
ee.
7.
The Selection Committee consisting of the following members shall select the Chairperson
on the recommendation of the Advisory Committee, namely:
-
(a)
the Speaker of the State Legislative Assembly;
(b)
the Chief Minister;
(c)
Leader of the Oppositio
n in the State Legislative Assembly.
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8.
(1)
The Vice
-
Chairperson shall be appointed by a three member committee for a
period of five years. The Chairperson of the Council shall be the Chairperson of this committee.
One member of the committee shall be n
ominated by the Council and one member shall be
nominated by the State Government.
(2)
The Vice
-
Chairperson may be removed on the recommendation of the Council.
Vice
-
Chairperson.
9.
(1)
The State Government shall remove a member if he,
-
(a)
becomes an u
ndischarged insolvent;
(b)
is convicted and sentenced to imprisonment for an offence which in the
opinion of the State Government involves moral turpitude;
(c)
becomes of unsound mind and stands so declared by a competent court;
(d)
refuses to act or beco
mes incapable of acting;
(e)
is, without obtaining leave of absence from the Council, absent from three
consecutive meetings of the Council.
(2)
On a controversy regarding the disqualification of a member, the decision of the
Chief
Minister
shall be final
.
(3)
No person shall be eligible to be nominated as a member of the Council unless he
is a graduate.
Removal of
member.
10.
The duties and functions of the Council shall be,
-
(i)
to implement the decisions of the Commission;
(ii)
to frame policy of Hig
her Education for the State (Future Planning, Annual
Planning and Budget);
(iii)
to help the Higher Education Institutes of the State in planning and
implementation;
(iv)
to coordinate between the top institutes of education, regulatory bodies and State
Go
vernment;
(v)
to invigilate and implement the planning of Higher Education;
(vi)
to manage, frame information system and its maintenance;
(vii)
to collect data pertaining to Higher Education at Government level and institution
level from time to time;
(vii
i)
to evaluate the institutions of Higher Education in the State in accordance with the
key performance indicators framed by National Higher Education Mission and if
required, make parameters;
(ix)
to plan and suggest measures for the continuous growth in
teaching quality and
research in the State;
(x)
to suggest reforms in examination system;
(xi)
to make syllabi contemporary and relevant;
(xii)
to encourage innovation in research;
(xiii)
to safeguard the autonomy of the institutions of Higher Education of
the State;
(xiv)
to grant permission for the establishment of new institutions, colleges;
(xv)
to suggest measures to improve the procedures of the recognition;
(xvi)
to advice the State Government on investments in Higher Education;
(xvii)
to advice the
universities in making Regulations and Acts;
(xviii)
to manage the amount received as contribution of National Higher Education
Mission through the State Government;
(xix)
to make such procedures through which Grant in Aid of the State Government may
be tr
ansferred to the institution of Higher Education;
(xx)
to make and follow a transparent procedure to transfer the financial aid to
universities and colleges under National Higher Education Mission.
Duties and
functions of
Council.
32
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Meetings of
Council.
11.
(1)
The meetings of the Council shall be held as per requirement. However, it shall be
mandatory to convene at least one meeting in three months.
(2)
The Member Secretary of the Council shall convene the meeting of the Council on
the advice of the Chair
person.
(3)
The quorum of the meeting of the Council shall be one
-
third members of the total
members of the Council.
Constitution of
Commission.
12.
(1)
The State Government may, by notification in the Official Gazette, constitute the
Haryana State High
er Education Commission under the Chairmanship of the Education Minister,
Haryana and such other members, as the State Government may deem fit.
(2)
The terms and conditions of the members of the Commission shall be such as may
be specified in the notifica
tion.
(3)
The Commission shall make recommendations and suggestions for academic
excellence in the State.
Vacancy not to
invalidate
proceedings.
13.
No act or proceedings of the Council shall be invalid merely on the ground of the
existence of any vacanc
y, absence of member or defect in the constitution of the Council.
Resignation.
14.
Any member may forward a resignation letter to the Chairperson but shall remain as a
member till he is informed in writing that his resignation has been accepted by the Ch
airperson.
Allowances to
members.
15.
The members shall be entitled to receive such travelling allowances, daily allowances,
local expenses and participation fees, as may be specified by the State Government.
Emergent
vacancies.
16.
(1)
If any emergent v
acancy occurs due to death, resignation, retirement or any other
reason, the State Government shall nominate or appoint a member.
(2)
The tenure of the new member shall be for the remaining tenure of that member
against
whom
he is nominated or appointed.
Annual account
and audit.
17.
(1)
The accounts of the Council and the annual report of accounts shall be maintained
in such manner, as may be prescribed.
(2)
The accounts of the Council shall be audited by an Auditor appointed by the
Council.
(3)
The Me
mber Secretary shall be responsible for the publication of the annual report
and make available the sealed copy of report to each member and presenting the same before the
Council for approval.
(4)
Mistakes and irregularities pointed out by the Auditor sh
all be rectified by the
Council following due procedure.
(5)
The audited report of the accounts of the Council shall be presented to the State
Government within prescribed time limit alongwith the comments of the Council.
(6)
After receiving the annual a
ccounts and audit report, the State Government shall
present it before the State Legislature as soon as possible.
Annual report.
18.
(1)
The Council shall present the annual report of its activities every year before the
State Government.
(2)
After recei
ving the annual report, the State Government shall present the same
before the State
Legislature
at the earliest.
Protection of
action taken in
good faith.
19.
No suit, prosecution or other legal proceedings shall lie against any public servant or the
St
ate Government in respect of any damage caused or likely to be caused by anything which is in
good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
Officers and
employees of
Council.
20.
(1)
The Council may appoint
such officers and employees as may be deemed necessary
for smooth functioning of the Council.
(2)
The terms and conditions of the service of the officers and employees of the
Council shall be such, as may be prescribed.
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21.
The members, officers and empl
oyees of the Council shall be deemed to be public
servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
Members, officers
and employees of
Council to be
public servants.
22.
The Council may make such regulations which are n
ot in contradiction of the provision
of this Act and which are essential for the function of the Council.
Power to make
regulations.
23.
The State Government may make rules to carry out the purposes of this Act.
Power to make
rules.
24.
(1)
If any diffic
ulties arise in giving effect to the provisions of this Act, the
Government may, by order, make such provisions, which are not relevant to the provisions of
this Act, which appear necessary or expedient.
(2)
Any order made under this section shall be plac
ed before the State Legislature.
Power to remove
difficulties.
25.
(1)
The Haryana State Higher Education Council Ordinance, 2018 (Haryana
Ordinance No.3 of 2018), is hereby repealed.
(2)
Notwithstanding such repeal, anything done or any action taken und
er the said
Ordinance shall be deemed to have been done or taken under this Act.
Repeal and
saving.
KULDIP JAIN,
SECRETARY TO GOVERNMENT
HARYANA,
LAW AND LEGISLATIVE DEPARTMENT.
56150
—
L.R.
—
H.G.P., Chd.