LexThe Meghalaya Private Universities (Regulation of Establishment and Maintenance of Standards) Act, 2019 (Act No. 13 of 2019)
Meghalaya · state statute
Open in Lexace · Ask the AI about this actPostal Registration No. N. E.—771/2006 ‐2008
The Gazette of Meghalaya
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 311 Shillong, Tuesday, October 15, 2019 23rd Asvina, 1941 (S. E.)
PART-IV
GOVERNMENT OF MEGHALAYA
LAW (B) DEPARTMENT
-------
NOTIFICATION
The 15th October, 2019.
No.LL(B).20/2012/50. – The Meghalaya Private Univ ersities (Regulation of
Establishment and Maintenance of Standards) Act, 2019 (A ct No. 13 of 2019) is
hereby published for general information.
MEGHALAYA ACT NO. 13 OF 2019
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on the 9 th October, 2019.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 15 th October, 2019.
PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) OCTOBER 15, 2019 1634
THE MEGHALAYA PRIVATE UNIVERSITIES (REGULATION OF ESTABLISHMENT
AND MAINTENANCE OF STANDARDS) ACT, 2019
An
Act
to provide for regulation of Private Universities in the State and for matters connected therewith.
Whereas the Meghalaya Private Universities (Regulation of Establishment and Maintenance of Standard) Act,
2012 (Act No.8 of 2012), though in place, requires to be repealed and a new law be put in place for regulating
the Private Universities and to ensure conformity with the observations of the Supreme Court in Prof. Yashpal
versus State of Chhattisgarh and others.
Be it enacted by the Legislature of the State of Meghalaya in the Seventieth Year of the Republic of India as
follows: -
Short title, 1. (1) This Act may be called the Meghalaya Private Universities (Regulation of
Application and Establishment and Maintenance of Standards) Act, 2019.
Commencement.
(2) It shall apply to -
(a) all Private Universities established by or incorporated under a State Act
passed by any State Legislature or Union Territory in India;
(b) operating in Meghalaya including those set up in collaboration with Foreign
University/Universities;
(c) offering courses in the formal or non-formal; and
(d) in the distance education mode.
(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, 2019;
(b) "application fee" means amount, referred to in sub-section (4) of Section 3,
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 complement 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 complement of facilities, faculty and staff;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "Private university" means university duly established through a State Act by
a sponsoring body viz. a Society registered under the Meghalaya
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;
(g) "State Government" means the State Government of Meghalaya;
(h) "study center" means a center established and 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
(i) "Student" means a person duly admitted and pursuing a programme of study.
PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) OCTOBER 15, 2019 1635
Application for 3. (1) An application in the prescribed format along with the letter of intent for
Establishment of establishment of a private university shall be submitted to the Government in
Private Universities. the Education Department 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 report including soft copies in a
format to be, prescribed by the Department at the appropriate time.
(6) On receipt of such application, Government shall cause necessary inquiry
into the (a) Financial Capacity (b) antecedent (c) record, (d) reputation, (e)
credentials and (f) experience of the proposed sponsor as an education
service provider especially in the field of higher education so as to ensure
that only capable and competent sponsors are allowed to operate in the
State.
(7) 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
modified project along with application fee, not later than 6 months from the
date of rejection of previous proposal.
(8) The State Government reserves the right to allow or disallow any proposal for
change of sponsorship of Private Universities keeping in view (i) the effect of
the proposed change on the academic and employment prospects of the
students of the University, (ii) the advantages and disadvantages of
dissolution of the University as compared to change of sponsorship, (iii) the
possible reflection of dissolution or change of sponsorship on the image and
reputation of the State in the field of education and (iv) possible disruption of
programmes of studies and inconvenience to the students.
Establishment and 4. (1) Each private university shall be established by a separate State Act and shall
Representation in conform to the relevant provisions of such State Act.
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, research, examination and extension services with no power of
affiliation.
(4) The Board of Governors of each Private University shall include two
representatives of the State Government, one of whom should be an
educationist of repute.
PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) OCTOBER 15, 2019 1636
(5) The Board of Management of each Private University shall include one
representative to be nominated by the State Government.
(6) Persons of the highest level of competence, integrity, morals and institutional
commitment are to be appointed as Vice-Chancellors. The Vice-Chancellor to
be appointed should be a distinguished academician, with a minimum of ten
years of experience as Professor in a University system or ten years of
experience in an equivalent position in a reputed research and/or academic
administrative organization.
(7) All degrees awarded by the Private University shall only be issued from its
main campus.
(8) The teachers of Private Universities shall be designated as Assistant
Professor, Associate Professor and Professor in accordance with the UGC
Regulations on Minimum Qualifications for Appointment of Teachers and
other Academic Staff in Universities and Colleges and Measures for The
Maintenance of Standards in Higher Education, 2010.
(9) The Private Universities shall adhere to UGC Regulations in matters relating
to pay and allowances.
Programmes and 5. A private university established under a State Act shall operate ordinarily
Degrees. 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 Distan ce Education Council (DEC), the
Dental Council of India(DCI), the Indi an 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 programme 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 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 learning 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 prior to starting of these programmes which the Government shall give
due publicity by uploading the same on the Education Department Website,
inviting representations and grievances, if any, from all concerned;
(e) the Education Department, Government of Meghalaya on detailed
examination of the information made available as well as representation and
grievances, if any, received by it from the students as well as concerned
public relating to the deficiencies of the proposed programme(s) not
conforming to various regulations and directions of the UGC and other
Statutory Councils shall inform the concerned University about any such
shortcomings in respect of conformity to relevant regulations for rectification.
The University shall offer the programme(s) only after such rectification;
PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) OCTOBER 15, 2019 1637
(f) the admission procedure and fixation of fees shall be in accordance with the
norms or guidelines prescribed by the State Government and other
concerned Statutory bodies; and
(g) relaxation of fees for poor 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.
Acceptance and 6. (1) In case of acceptance or rejection of the application for establishment of a
Rejection. private university, the Government shall communicate the same formally.
(2) In case of acceptance, the Government may take necessary steps to frame
appropriate University Bill to be passed by the Meghalaya State Legislature.
(3) 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 norms of the UGC or any other authority as the case may be
without which they shall not start the University except with the specific
permission given by the State Government.
Endowment Fund. 7. (1) The Endowment Fund in respect of each Private University in the form of an
account payee cheque issued by a Scheduled Bank in favour of Director of
Higher and Technical Education, Meghalaya shall be deposited by the
concerned University with Director of Higher and Technical Education,
Meghalaya.
(2) The Directorate of Higher and Technical Education shall deposit the
Endowment Fund received from the concern Private University in a
scheduled Bank in a Fixed Deposit without delay and in any case not later
than two working days after the receipt of the account payee cheque in his
favour by the University.
(3) Not exceeding 75% of the interest accruing from the Endowment Fund in the
fixed deposit shall be used for the purpose of development work of the
University, not less than 20% of such interest shall be reinvested in the
Endowment Fund and 5% thereof shall be utilized by State Government for
funding the Private Universities Regulatory Board set up as envisaged at
Section 11 herein below.
(4) In case the Private University or the sponsoring body contravenes any of the
provisions of this Act, regulations or rules made there under, a part or the
whole of endowment fund may be forfeited by the Government. However,
before such forfeiture, the Government shall serve a show cause notice on
the university or its sponsor and give them an opportunity to be heard.
(5) The Government shall, among other things, duly consider the reply
submitted by the sponsoring body or private university.
(6) In case the reply to show cause notice issued under sub-section (4) 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.
(7) The forfeited amount of endowment fund shall be used in the manner as
specified in the relevant provisions of the governing Act.
Inspection and 8. The State Government shall have the right to cause inspection of all
Disclosure of records and premises of the university at any given time. In the event of the
Information. 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.
PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) OCTOBER 15, 2019 1638
Consequences of 9. (1) After inspection and assessment of a Private University providing first degree
Violations. and/or post graduate degree / diploma courses, the Education Department,
Government 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, failed 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 or any other concerned Statutory
Council.
(4) No private university established by an Act of a State Legislature other than
the Meghalaya State Legislature shall be allowed to open any off-campus
centre, study centre, Regional centre and other similar centres by whatever
name called in the State of Meghalaya without the prior approval of the State
Government of Meghalaya to whom they may apply for such permission on
payment of a prescribed fee of Rupees ten thousand only:
Provided that any such University already having an off-campus centre etc.,
in Meghalaya prior to the coming into force of this Act, shall immediately
apply to the State Government for expost facto permission.
(5) The State Government shall not grant permission to any such Private
University to set up any such centre as specified at sub-section (4) of Section
9 above unless , -
(a) the concerned University has been in existence for not less than a period of
five years;
(b) it has developed its main campus; and
(c) it has obtained UGC's prior: approval to set up such centre in the State of
Meghalaya.
The State Government reserves the right to reject any such application
keeping in mind the academic welfare of the students of the State.
(6) The State Government may take appropriate action against an off-campus
centre, study centre, regional centre, and other similar centres by whatever
name called of any private university set up on the strength of an Act passed
by State Legislature other than the State Legislature of Meghalaya, if such
centre is found not to have fulfilled the conditions prescribed in this
Act including direction for the closure of such centre.
(7) The State Government on the recommendation of the Regulatory Board
specified under sub-section (1) of Section 11, 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.
PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) OCTOBER 15, 2019 1639
Constitution of 10. There shall be a Higher Education Council to be called the Meghalaya Higher
Meghalaya Higher Education Council for the purpose of assisting the Government on the
Education Council. matters of policy relating to development of higher education and maintaining
of standards in higher education in the State of Meghalaya enacted under the
Meghalaya Higher Education Council Act, 2018 (Act No. 3 of 2018).
Constitution 11. The State Government shall constitute a Regulatory Board consisting of
of Regulatory Board. Chairman and three members to be nominated by the State Government
from eminent educationists of repute or eminent persons with the vast
administrative experience to be specified under the rules. The terms of
reference of the Board shall be as follows:-
(a) to periodically inspect all Private Universities which have been set up in
Meghalaya including study centre etc.;
(b) to requisition any specific information from the institutions indicated at (a)
above;
(c) to call for reports from Directorate of Higher and Technical Education or
directly from the Registrar of the concerned University which may be of
academic nature and otherwise;
(d) to ensure that quality education is imparted by these institutions as per the
guidelines of the UGC or any Statutory Body/Regulatory Body under the
control of Government;
(e) the Regulatory Board shall have a permanent office with adequate staff with
Headquarters at Shillong;
(f) the members shall be entitled to such Honorarium, travelling allowances and
daily allowances as shall be prescribed separately;
(g) the Regulatory Board shall submit Annual Reports in respect of the Private
Universities including those Universities having off campus centre/study
centre/regional centre etc. functioning in the State. Such reports shall make
specific recommendations for action/s to be taken by the Government
including imposition of penalty as provided for any violation of relevant
provisions laid down by Government; and
(h) the Board shall bring any important development in respect of any Private
University as it arises, to the notice of the Government.
Power to make 12. The State Government may make rules for carrying out the purposes of this
Rules. Act.
Repeal and 13. (1) The Meghalaya Private Universities (Regulation of Establishment and
savings. Maintenance of Standards) Act, 2012 (Act No. 8 of 2012) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
provisions of the repealed Act shall be deemed to have been done or taken
under the provisions of this Act.
D. LYNGDOH,
Deputy Secretary to the Govt. of Meghalaya,
Law Department.
SHILLONG: Printed and Published by the Director, Printing and Stationery, Meghalaya, Shillong.
(Extraordinary Gazette of Meghalaya) No. 621 - 730 + 200 — 15 – 10 - 2019.
website:- http://megpns.gov.in/gazette/gazette.asp