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.
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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 est
ablishing 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.
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(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.
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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
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(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.
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5
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;
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(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 administration
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.
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(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 shall 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-officio  member shall
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 shall 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.
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9. The term of the Council shall be for a period of five
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 Council shall be convened by
the Member Secretary on the advice of the Chairman.
(4) The quorum of the meeting of the Council shall 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 Council, it shall 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.
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9
abuse of the powers vested in him after consideration of the
report of an inquiry ordered by the State Government in this
behalf.
12. If a casual vacancy arises in the office 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.
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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.
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(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) All expenditure incurred by the Council 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 Council shall be maintained in
such manner and in such form as may be prescribed.
(2) The Council shall prepare an annual statement of
accounts in such form and in such manner as may be
prescribed.
(3) The accounts of the Council shall 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 Council shall 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.
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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 conditions
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 notification 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.
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