LexThe Himachal Pradesh State Higher Education Council (Establishment and Regulation) Act, 2018
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH STATE HIGHER
EDUCATION COUNCIL (ESTABLISHMENT AND
REGULATION) ACT, 2018
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Constitution of Council.
4. First Chairperson.
5. Advisory Committee.
6. Selection Committee.
7. Tenure of Chairperson.
8. Removal of member.
9. Duties and functions of Council.
10. Meeting of Council.
11. Vacancy not to invalidate proceedings.
12. Resignation.
13. Allowances to members.
14. Occurrence of a vacancy.
15. Annual accounts and audit.
16. Annual report.
17. Protection of action taken in good faith.
18. Officers and employees of Council .
19. Members, officers and employees of the Council
to be public servant.
20. Power to make regulations.
21. Power to remove difficulties.
22. Power to make rules.
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THE HIMACHAL PRADESH STATE HIGHER
EDUCATION COUNCIL (ESTABLISHMENT AND
REGULATION) ACT, 2018
(Act No. 3 of 2019)1
(Received the assent of the Governor on the 30th January 2019
and was publishe d in Rajpatra, Himachal Pradesh, dated 1 st February
2019, pp. 7925-7939)
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh, dated 17th
December, 2018 p. 6778,6785.
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The Himachal Pradesh State Higher Education Council (Establishment And
Regulation) Act, 2018
An Act to provide for establishment, incorporation and regulation
of the State Higher Education Council (SHEC) for coordinated
development of Higher Education and to regulate its functioning and
for matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Sixty-ninth year of the Republic of India as follows:—
1. Short title and commencement. —(1) This Act may be called
the Himachal Pradesh State Higher Education Council (Establishment
and Regulation) Act, 2018.
(2) It shall come into force on such date1 as the State Government
may, by notification in the Rajpatra (e -Gazette), Himachal Pradesh,
appoint.
2. Definitions. —In this Act, unless the context otherwise
requires,—
(a) “Chairperson” 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 until examination;
(c) “Council” means the Himachal Pradesh State Higher
Education Council constituted under section 3;
(d) "Government" or "State Government" means the Government
of Himachal Pradesh;
(e) “Higher Education” means any education stream whether
financial, 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 maintained by, or admitted to the privileges of
the University;
(g) “member ” means a member of the Council and includes the
Chairperson and Vice Chairperson;
1. Act came into force from 23 rd February 2019 vide Notification No. EDN -A-
Kha(1)-16/2013 dated 18 th February 2019 published in the Rajpatra,
Himachal Pradesh, dated 20 February 2019 pp. 8399,8400
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The Himachal Pradesh State Higher Education Council (Establishment And
Regulation) Act, 2018
(h) “prescribed” means prescribed by the rules made under this
Act;
(i) “State” means the State of Himachal Pradesh;
(j) “University” means any University establi shed by an Act
passed by the State Legislature;
(k) “University Grants Commission” means the Commission
established under the University Grants Commission Act,
1956 (3 of 1956.); and
(l) “Vice -Chairperson” means the Vice -Chairperson of the
Council.
3. Constitution of Council. —(1) The State Government shall, by
notification in the Rajpatra (e- Gazette), Himachal Pradesh, constitute a
body to be known as the Himachal Pradesh State Higher Education
Council consisting of the following, namely:—
(a) Chairperson and ex-officio members,–
(i) an eminent academician with proven Chairperson;
leadership qualities
(ii) Secretary (Higher Education), Vice
Government of Himachal Pradesh Chairperson;
(iii) Vice-Chancellors of any two State Member;
Public Universities
(iv) Vice-Chancellor of Central University Member;
(v) two Vice Chancellors of Private Member;
Universities to be nominated by the State
Government in rotation of
two years
(vi) Secretary (Finance), Government of Member;
Himachal Pradesh or his representative
not below the rank of Joint Secretary
(vii) Secretary (Technical Education), Member;
Government of Himachal Pradesh or his
representative not below the rank of
Joint Secretary
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The Himachal Pradesh State Higher Education Council (Establishment And
Regulation) Act, 2018
(viii) Director of Higher Education Member;
and
(ix) State Project Director (RUSA) Member
Secretary;
(b) non-official members,—
(i) five members to be nominated by the State Government from
the field of art, science, civil society, technology or skill
development;
(ii) two experts from Industry to be nominated by State
Government;
(iii) three Principals of affiliated colleges to be nominated by
State Government;
(iv) one member to be nominated by the Ministry of Human
Resource Development, Government of India; and
(v) one academician to be nominated by the State Government
having experience of planning and policy making in Higher
Education.
(2) The Council shall be a body corporate by the name aforesaid
having perpetual succession and a comm on seal and may 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 nominated members shall retire after every
two years.
(4) The headquarter of the Council shall be at Shimla.
4. First Chairperson.—The first Chairperson of the Council shall
be appointed by the State Government and shall continue as such until
the Selection Committee selects a Chairperson under the provisions of
this Act.
5. Advisory Committee. —(1) Th ere shall be an Advisory
Committee of three members under the chairmanship of the Chief
Secretary for making recommendations to the Selection Committee for
the appointment of the Chairperson of the Council.
(2) Two other members of the Advisory Committee shall be
reputed academicians or famous intellectuals, out of which one shall be
nominated by the State Government and other by the Council.
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The Himachal Pradesh State Higher Education Council (Establishment And
Regulation) Act, 2018
6. Selection Committee.—The Selection Committee consisting of
the following members shall se lect the Chairperson on the
recommendations of the Advisory Committee, namely:—
(a) the Chief Minister;
(b) the Education Minister; and
(c) the Leader of the Opposition in the State Legislative
Assembly:
Provided that, if the portfolio of Education happens to be with the
Chief Minister, any other Minister, as may be nominated by the Chief
Minister, shall be the member of the Selection Committee.
7. Tenure of Chairperson. —(1) The tenure of the Chairperson
shall be for a period of five years.
(2) The Chairperson of the Council may be removed by the State
Government, if his work and conduct is not found satisfactory.
8. Removal of member. —(1) The State Government shall
remove a member if,—
(a) he becomes an undischarged insolvent;
(b) he is convicted and sentenced to imprisonment for an offence
which in the opinion of the State Government involves moral
turpitude;
(c) he becomes of unsound mind and stands so declared by a
competent court; (d) he refuses to act or becomes incapable of
acting;
(e) he is, without obtaining leave of absence from the Council,
absents from three consecutive meetings of the Council; or
(f) his work and conduct is found unsatisfactory.
(2) On a controversy regarding the disqualification of a member,
the decision of the Government shall be final.
(3) No person shall be eligible to be nominated as a member of
the Council unless he is a graduate.
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The Himachal Pradesh State Higher Education Council (Establishment And
Regulation) Act, 2018
9. Duties and functions of Council. —The duties and functions
of the Council shall be,–
(a) to make recommendations on the policies of Higher
Education for the State (Future Planning, Annual Planning
and Budget);
(b) to help the institutions of the State in planning and
implementation;
(c) to coordinate between the top institutio ns of education,
regulatory bodies and the State Government;
(d) to invigilate and implement the planning of Higher
Education;
(e) to manage, frame information system and its maintenance;
(f) to collect data pertaining to Higher Education at
Government level and institution level from time to
time;
(g) to evaluate the institutions in the State in accordance with
the key performance indicators framed by the National
Higher Education Mission and if required, make
parameters;
(h) to plan and suggest measures for continuous growth in
teaching quality and research in the State;
(i) to suggest reforms in examination system;
(j) to make syllabi contemporary and relevant;
(k) to encourage innovation in research;
(l) to safeguard the autonomy of the institutions in the State;
(m) to suggest the establishment of new institutions, colleges;
(n) to suggest measures to improve the procedures of the
recognition of the institutions;
(o) to advise the Government on issues relating to investments
in the Higher Education;
(p) to advise the Universities in making regulations and bye -
laws etc.;
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The Himachal Pradesh State Higher Education Council (Establishment And
Regulation) Act, 2018
(q) to manage t he amounts received as contribution of the
National Higher Education Mission through the State
Government;
(r) to recommend such procedures, as may be required, in making
Grants-in-aid by the Government to the institutions;
(s) to make and follow a transparent procedure for transferring the
financial aids to the Universities and colleges under the
National Higher Education Mission;
(t) to advise on the measures to be taken fo r enhancing access,
excellence,inclusion and equity in Higher Education;
(u) to suggest measures to remove imbalances (including those
relating to regions, religions, academic disciplines, gender
and other socio -economic factors) in the development of
Higher Education and research;
(v) to specify norms and standards of acad emic excellance in the
matters of accreditation and benchmarking of institutions;
(w) to advise the State Government, Universities, colleges or
institutions and research on any matter as may be referred to
the Council; and
(x) to discharge such other f unctions in relation to the
determination, co-ordination and maintenance of standards in
Higher Education and research as the State Government may
prescribe.
10. Meeting of Council. —(1) The meetings of the Council shall
be held as per requirement. However, it shall be mandatory to convene at
least one meeting in six months.
(2) The Member -Secretary of the Council shall convene the
meeting of the Council on the advice of the Chairperson.
(3) The quorum of the meeting of the Council shall be one-third of
the total members including the Chairperson and Member-Secretary.
11. Vacancy not to invalidate proceedings. —No act or
proceedings of the Council shall be invalid merely on the ground of the
existence of any vacancy, absence of member or de fect in the
constitution of the Council.
12. Resignation. —Any nominated member may forward a
resignation letter to the Chairperson:
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The Himachal Pradesh State Higher Education Council (Establishment And
Regulation) Act, 2018
Provided that such resignation shall take effect from the date on
which such resignation is accepted by the Chairperson.
13. Allowances to members. —The Members shall be entitled to
receive such travelling allowances, daily allowances, local expenses and
participation fees etc., as may be prescribed by the State Government.
14. Occurrence of a vacancy. —If any vacancy oc curs due to
death, resignation, retirement or otherwise the State Government shall
nominate a member for the remaining term.
15. Annual accounts and audit. —(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 Member -Secretary shall be responsible for preparing the
annual report of accounts and make available a sealed copy of the same
to each member and present the same before the Council for approval.
(4) Mistakes and irregularities pointed out by the Auditor shall be
rectified by the Council by following due procedure.
(5) The audited report of 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 accounts and audit report, the State
Government shall lay it before the State Legislature as soon as possible.
16. Annual report.— (1) The Council shall present the annual
report of its activities every year before the State Government.
(2) After receiving the annual report, the State Government shall
lay the same before the State Legislature as soon as possible.
17. Protection of action taken in good faith. —No suit,
prosecution or other legal proceedings shall lie against any public servant
or the State Government in respect of any damage caused or likely to be
caused by anything which is in good fait h done or intended to be done in
pursuance of this Act or the rules made thereunder.
18. Officers and employees of Council. — (1) The Council may
appoint such officers and employees as may be deemed necessary for
smooth functioning of the Council.
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The Himachal Pradesh State Higher Education Council (Establishment And
Regulation) Act, 2018
(2) T he terms and conditions of the service of the officers and
employees of the Council shall be such, as may be prescribed.
19. Members, officers and employees of Council to be public
servant.—The members, officers and employees 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) .
20. Power to make regulations. —The Council may m ake such
regulations, as may be required and are not inconsistent with the
provisions of this Act.
21. Power to remove difficulties. —(1) If any difficulty arises in
giving effect to the provisions of this Act, the State Government may, by
general or special order published in the Rajpatra (e-Gazette), Himachal
Pradesh, make such provisions, not incons istent with the provisions of
this Act or rules made thereunder, as may appear to be necessary or
expedient for removing the said difficulty:
Provided that no order under this section shall be made after the
expiry of a period of two years from the dat e of commencement of this
Act.
(2) Any order made under this section shall, as soon as may be
after it is made, be laid before the Legislative Assembly.
22. Power to make rules. —(1) The State Government may, by
notification in the Rajpatra (e-Gazette), Himachal Pradesh, make rules
for carrying out the purposes of this Act.
(2) All the rules made under this Act, shall be laid, as soon as may
be after they are so made, before the Legislative Assembly, while it is in
session, for a period of not less tha n fifteen days, which may be
comprised in one session or in two successive sessions and, if before the
expiry of the session in which they are so laid or the session immediately
following, the Assembly makes any modification(s) in the rules or the
Assembly decides that the rules should not be made, such rules shall
have effect only in such modified form or be of no effect, as the case may
be. However, any such modification or annulment shall be without
prejudice to the validity of anything previously done.
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