LexThe Meghalaya Private Universities (Regulation of Establishment and Maintenance of Standards) Act, 2012 (Act No. 8 of 2012)
Meghalaya · state statute
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The
30th March, 2012.
No.LL(B)20/2012/25.–Meghalaya Private Universities (Regulation of Establishment and
Maintenance of Standards) Act, 2012 (Act No. 8 of 2012) is hereby published for general
information.
MEGHALAYA ACT NO. 8 OF 2012.
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 29th March, 2012.
Published in the Gazette of Meghalaya, Extra-Ordinary issue dated 30th March, 2012.
MEGHALAYA PRIVATE UNIVERSITIES (REGULATION OF ESTABLISHMENT AND
MAINTENANCE OF STANDARDS) ACT, 2012
An
Act
to provide for regulation of private Universities in the State and for matters
connected therewith.
Whereas it is necessary to ensure that private universities maintain the standards
of infrastructures, teaching, research, ex amination and extension of services, fee
structure, safeguarding the interest of the state as a whole and in particular of the
student community by emphasizing on qualit y education and avoiding commercialization
of higher education.
Be it enacted by the Legislature of the St ate of Meghalaya in the Sixty-third Year of
the Republic of India as follows: -
Short title, 1. (1) This Act may be called the Meghalaya Private Universities
application and (Regulation of Establishment and Maintenance of Standards) Act,
commencement 2012.
(2) It shall apply to all private universities established by or
incorporated under a State Act and opened in Meghalaya in
collaboration with foreign University, formal and non-formal or
distance education made by private universities.
(3) It shall come into force with effect from the date of notification.
Definitions. 2. In this Act, unless the context otherwise requires, -
(a) “Act” means the Meghalaya Private Universities
(Regulation of Establishment and Maintenance of
Standard) Act, 2012;
(b) “application fee” means amount deposited by the
sponsoring body along with the proposal and project
report to establish a university in private sector;
(c) “off-campus center” means a center of the private
university established by it outside the main campus
(within or outside the State) operated and maintained as
its constituent unit, having the university’s compliment of
facilities, faculty and staff;
(d) “off-shore campus” means a campus of the private
university established by it outside the country, operated
and maintained as its constituent unit, having the
university’s compliment of facilities, faculty and staff;
(e) “off-campus centre” “off-shore campus” and “study centre”
as defined under these Regulations shall be applicable to
the universities as defined under 2(f) of the UGC Act,
1956;
(f) “prescribed” means prescribed by rules made under this
Act:
(g) “Private university” means university duly established
through a State Act by a spon soring body viz. a Society
registered under the Meghalay a Registration of Societies
Act, 1983 or any other corresponding law for the time
being in force in a State or a Public Trust or a Company
registered under Section 25 of the Companies Act, 1956;
(h) “State Government” means the State Government of
Meghalaya;
(i) “study center” means a center established ad maintained
or recognized by the university for the purpose of advising,
counseling or for rendering any other assistance required
by the students used in the context of distance education;
and
(j) “Student” means a person duly admitted and pursuing a
programme of study;
Establishment 3. (1) Each private university shall be established by a separate State
and recognition Act and shall conform to the relevant provisions of such State Act. of Private
Universities.
(2) For a Private University established by a State Act and which
is non-functional within 2(two) years of establishment, any land
allotted, whether privately owned or on lease or otherwise, will revert
back to the owners(s) / lessee(s) on terms and conditions agreed
upon.
(3) A private university shall be a unitary university having
adequate facilities for teaching, re search, examination and extension
services with no power of affiliation.
(4) Government Representatives shall be included in the Board of
Governors.
(5) A private university established under a State Act shall operate
ordinarily within the boundary of the State concerned, subject to the
following conditions, namely, -
(a) a private university shall fulfill the minimum criteria in
terms of programmes, faculty, infrastructural facilities,
financial viability as laid down from time to time by the
UGC and other concerned statutory bodies to which it
applies such as the All India Council for Technical
Education (AICTE), the Bar Council of India (BCI), the
Distance Education Council (DEC), the Dental Council of
India (DCI), the Indian Nursing Council (INC), the Medical
Council of India (MCI), the National Council for Teacher
Education (NCTE), the Pharmacy Council of India (PCI),
etc;
(b) the courses of studies prescribed for a first degree and/or
the postgraduate degree/diploma programmes should
have been formally approved by the respective academic
bodies of the private university, such as Board of Studies,
Academic Council or Governing Council or Executive
Council;
(c) the programmes of study leading to a degree and or a
post graduate degree or diploma offered by a private
university shall conform to the relevant regulations or
norms of the Education De partment, Government of
Meghalaya or the concerned statutory body as amended
from time to time;
(d) a private university shall provide all the relevant
information relating to the first degree or diploma
programme(s) including the curriculum structure,
contents, teaching and lear ning process, examination
and evaluation system and the eligibility criteria for
admission of students, to the education Department,
Government of Meghalaya on a proforma prescribed by
the UGC or Department prior to starting of these
programmes;
(e) Education Department, Government of Meghalaya on
detailed examination of the information made available as
well as the representations and grievances received by it
from the students as well as concerned public relating to
the deficiencies of the proposed programme(s) not
conforming to various Government regulations, shall
inform the concerned university about any shortcomings
in respect of conformity to relevant regulations, for
rectification. The university shall offer the programme(s)
only after necessary rectification;
(f) the admission procedure and fixation of fees shall be in
accordance with the norms or guidelines prescribed by
the UGC and other concerned statutory bodies;
(g) relaxation of fees for po or SC/ST and meritorious
students of the State is to be formulated by a separate
policy of the private university in consultation with
Government of Meghalaya.
Application for 4. (1) An application in the prescribed format along with letter of
establishment intent for establishment of a private university shall be submitted to of Private
Universities. the Government in the Education De partment well in time before the
date on which the sponsoring body proposes to establish such private
university.
(2) The application shall be duly acknowledged by the Director of
Higher and Technical Education, Meghalaya.
(3) The application shall be signed by such persons authorized to
authenticate instruments on behalf of the sponsoring body.
(4) An application fee (non-refundable) of rupees ten thousand
only shall be enclosed with the application through a crossed account
payee bank draft in favour of the Government of Meghalaya through
the Director of Higher and Technical Education, Meghalaya, payable
at Shillong. The money received on account of application fee shall be
deposited by the Director of Higher and Technical Education in
current account in a nationalized bank to be operated jointly by the
Director of Higher and Technical Education and the Finance and
Accounts Officer of the Directorate.
(5) Application for the establishment of the private university shall
contain the project report with all relevant particulars and be
accompanied by at least ten copies of such detailed project report
including soft copies in a format to be prescribed by the Department
at the appropriate time.
(6) The Government has the right to reject an application for
reasons as it deems justifiable. The sponsoring body may, however,
apply afresh for a new or a modifi ed project along with application
fee, not later than 6 months from the date of rejection of previous
proposal.
Acceptance and 5. (1) In case of acceptance or rejection of the application for
Rejection establishment of a private university, the Government shall
communicate the same formally.
(2) In case of acceptance, when the formalities as per the relevant Act
have been complied with, the sponsor shall procure land and have
proper infrastructure including teaching staff as per the UGC norms
or any other authority as the case may be without which they cannot
start the university.
Endowment 6. (1) The endowment fund in the form of a bank guarantee issued by
Fund. a scheduled bank shall be pledged in the name of the Director of
Higher and Technical Education, Meghalaya who shall also be the
custodian for all documents and instruments related to the
endowment fund and its investment.
(2) In case the private university or the sponsoring body
contravenes any of the provisions of the regulations or rules made
there under, a part or whole of the endowment fund may be forfeited
by the Government but before such forfeiture, a show cause notice
shall be served by the Government on the sponsoring body or the
private university, as the case may be.
(3) The Government shall, among other things, duly consider the
reply submitted by the sponsoring body or private university.
(4) In case the reply to show cause notice issued under sub-
section (2) is not submitted by the sponsoring body or by the
Registrar of the university within 45 days of receipt of the notice, the
Government may decide the case on an ex-parte basis.
(5) The forfeited amount of endowment fund shall be used in the
manner as specified in the relevant provisions of the governing Act.
Inspection and 7. The State Government shall have the right to cause inspection of
Disclosure of all records and premises of the university at any given time. In the information.
event of the university violating conditions set forth in the relevant
Act or in the event of the university deviating from norms and extant
regulations laid down by the UGC, the State Government may call
for all relevant information from the concerned private university in
whatsoever form as may be prescribed at the relevant time.
Consequences 8. (1) After inspection and assessment of a private university
of violations. providing first degree and/or post graduate degree/diploma courses,
the Education Department, Go vernment of Meghalaya may
communicate to the private university any deficiency and non-
conformity with the relevant Government regulations and give it
reasonable opportunity to rectify the same. If the State Government,
is satisfied that the private university has, even after getting an
opportunity to do so, fa iled to comply with the provisions of any of
the Regulations, it may pass an order prohibiting the private
university from offering any course for the award of the first degree
and, or the post-graduate degree or diploma, as the case may be, till
the deficiency is rectified.
(2) Any private university, which has been notified before
commencement of this Act, shall comply with the provisions of this
Act within a period of three months from the commencement of this
Act and intimate the compliance to the State Government.
(3) The State Government may take necessary action against a
private university awarding a first degree and or post-graduate degree
or diploma, which are not specified by the UGC, and inform the
public in general through a public notification. A private university
continuing such programme(s) and awarding unspecified degree(s)
shall be liable for penalty under Section 24 of the UGC Act, 1956.
(4) The State Government may take appropriate action against a
study center or campus of any private university set up outside the
State and having such campus or study center in Meghalaya who do
not fulfill the conditions referred to sub-sections (1), (2) and (3) above
including direction for closure of such study center or campus.
(5) The State Government on the recommendation of the Regulatory
Board specified under section 9. (1), impose penalties on any private
university which awards any degree that does not conform to extant
government regulations.
Provided no such penalty shall be imposed unless such private
university is given a reasonable opportunity of being heard.
Constitution of 9. (1) T here shall be a Higher Education Council to be called the
Meghalaya ‘Meghalaya Higher Education Council’ for the purpose of assisting the Higher
Education Government on the matters of poli cy relating to development of
Council higher education and maintaining of standards in higher education
in the State of Meghalaya. Further terms of reference shall be
specified in the rules.
(2) The Council shall be constituted by the Government and shall
consist of a Chairman, Secretary and ten other members to be
nominated by the Government.
(3) The Meghalaya Higher Education Council constituted under sub-
section (2) shall include
(a). An eminent educationist of repute as Chairman or an eminent
person with vast administrative experience.
(b). Director of Higher and Technical Education as Member
Secretary.
(c). Ten other members to be nominated from among the following:-
(i) Educationists of repute;
(ii) Heads of Colleges;
(iii) Chair persons of governing bodies of colleges;
(iv) An eminent social activist in the field of education etc.
(4) The Council shall regulate its own procedure.
(5) The terms of office of every member of the Council and traveling
and other allowances payable to a member of the Council shall be as
may be prescribed under rules.
Constitution of 10. (1) The State Government shall constitute a Regulatory Board
a Regulatory consisting of Chairman and three members to be nominated by the Board
State Government from eminent educationists of repute or eminent
persons with vast administrative experience to be specified under the
rules. The term of reference of the Board shall be specified under the
rules;
(2) The Regulatory Board shall be convened from time to time and
the Headquarters shall be in Shillong.
(3) The non official members nominated by the State Government
of this section shall be entitled to such honorarium, travelling
allowance and daily allowance as may be prescribed.
Powers to make 11. The State Government may make rules for carrying out the
Rules. purposes of this Act.
L. M. SANGMA,
Secretary to the Government of Meghalaya,
Law Department.