The ODISHA STATE HIGHER EDUCATION COUNCIL ACT, 2017

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THE ODISHA STATE HIGHER
EDUCATION COUNCIL ACT, 2017

TABLE OF CONTENTS

PREAMBLE :

SECTION :
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Applicability.
3. Definitions.

CHAPTER II
ODISHA STATE HIGHER EDUCATION COUNCIL
4. Establishment of Odisha State Higher Education Council and
its composition.
5. Terms of office and conditions of service of Chairperson and
Members.
6. Officers and other employees of the Council.
7. Vacancies, etc. not to invalidate the proceedings of the Council.
8. Procedure to the regulated by the Council.

CHAPTER III
POWERS AND FUNCTIONS OF THE COUNCIL
9. Powers and functions of the Council.

CHAPTER IV

FINANCE , ACCOUNTS AND AUDIT

10. Fund of the Council.

11. Grants by the State Government.

12. Annual financial statement on higher education and research.

13. Annual funding support plan for higher education.

14.Annual account of the Council.

15. Annual Report of the Council.

CHAPTER V

MISCELLANEOUS

16. Chairperson , Vice- Chairperson , Members, Officers and other

employees of the Council to be public servant.

17. Protection of action taken in good faith.

18. Power to remove difficulties.

19. Repeal and savings.

EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 167 3, CUTTACK, TUES DAY , OCTOBER 1 7, 2017 / ASWINA 2 5, 1939

LAW DEPARTMENT
NOTIFICATION
The 17th October, 2017

No.11119–I-Legis-27/2017/L.—The following Act of the Odisha Legislative
Assembly having been assented to by the Governor on the 17th October , 2017 is hereby
published for general information.

ODISHA ACT 12 OF 2017EXUR

THE ODISHA STATE HIGHER EDUCATION COUNCIL ACT, 2017

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A STATE COUNCIL FOR
HIGHER EDUCATION IN THE STATE OF ODISHA AND FOR MATTERS
CONNECTED THEREWITH AND INCIDENTAL THERETO.

WHEREAS the National Policy on Education, 1986 of the Government of India
contains recommendations that the State level planning and co -ordination of higher
education shall be done through the State Councils for Higher Education;
AND WHEREAS it is expedient to establish a State Higher Education Council with
the objects of (i) providing for the determination, co -ordination, maintenance of standards
in, and promotion of higher education and research, including university education and
college education at Under -Graduate and Post -Graduate level in the State,(ii) promoting
the autonomy of higher educational institutions for the free pursuit of knowledge and
innovation,(iii) facilitating access, inclusion and opportunities to all, and providing
comprehensive and holistic growth of higher education and research in a competitiv e
global environment through reforms and renovation and (iv) providing for an advisory
mechanism of eminent peers in academia.
BE it enacted by the Legislature of the State of Odisha in the Sixty -eighth Year of
the Republic of India, as follows:-
4

CHAPTER I
PRELIMINARY

1.(1) This Act may be called the Odisha State Higher Education Council Act, 2017.
(2) It shall be deemed to have come into force on the 11th August, 2017.

2.This Act shall apply to all institutions imparting higher education, the Universi ty
education, the Under -Graduate and Post -Graduate level education and to all
research Institutions under the control of the State Government.

3. In this Act, unless the context otherwise requires,—
(a) “Affiliation” together with its grammatical varia tions, includes, in relation to a
college, recognition of such College or Institution by a University or association of
such college or Institution with a University or admission of such College or
Institution to the privileges of a University;
(b) “Chairperson” means the Chairperson of the Council;
(c) “College” means any Higher Educational Institution affiliated to a University;
(d) “Council” means the Odisha State Council for Higher Education;
(e) “Degree” means an award, granted by a University or I nstitution empowered by
or under law to do so, certifying that the recipient has successfully completed a
course of study;
(f) “Government” means the Government of Odisha;
(g) “Higher education” means such education, imparted by means of conducting
regular classes or through distance education systems, beyond twelve years of
schooling leading to the award of a degree or diploma;
(h) “Member” means a Member of the Council and includes its Chairperson and
Vice-Chairperson;
(i) “State University” means a Univ ersity in Odisha, or constituent units thereto,
promoted and maintained, either directly or indirectly, by the Government, and
established or incorporated by or under the State Act;
(j) “University” means a University established or incorporated by or under a Central
Act or a State Act and includes an Institution deemed to be a University;
(k) “Vice-Chairman” means the Vice-Chairman of the Council; and
(l) “Vice- Chancellor” means the Chief Executive of a State University.

Short title and
commencement.
Applicability.
Definitions.
5

CHAPTER II
ODISHA STATE HIGHER EDUCATION COUNCIL

4.(1)There shall be established a Council by the name “the Odisha State
Higher Education Council” to exercise the powers conferred on, and to perform the
functions assigned to it, under this Act.
(2) The Council shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power, subject to the provisions of
this Act, to acquire, hold and dispose of property, both movable and immovable ,
and to contract, and shall sue and be sued by the said name.
(3) The headquarters of the Council shall be at Bhubaneswar.
(4) The Council shall consist of the following members, namely:—
(a) a Chairperson, who is the Minister in charge of Higher Education;
(b) a Vice -Chairperson, who is or has been a n Administrator with proven
academic record and in the rank of a Professor and shall be appointed by
the Government in the manner provided in sub-section (5);
(c) fifteen other members, out of whom three shall be Vice -Chancellors of
different Universities of the State to be nominated by the Government, two
Principals of Autonomous Colleges to be nominated by the Government,
one nominee of the Government of India, two eminent scientists or experts
in Social Science and seven persons who have special knowledg e in the
field of arts, science and technology, culture, civil society or industry and are
persons of eminence, ability and integrity to be nominated by the
Government; and
(d) a Member-Secretary.

(5) Selection of Member Secretary and Vice-Chairperson shall be done
through a Search Committee to be appointed by the Government for the
purpose.
(6) A Search Committee referred to in sub -section(5) shall consist of three
members with the Development Commissioner -cum-Additional Chief
Secretary as th e Chairperson, a retired Vice -Chancellor or a retired Chief
Secretary as member and Secretary in charge of Higher Education
Department, Government of Odisha as member convener.
Establishment
of Odisha
State Higher
Education
Council and
its
composition.

5.(1) The Chairperson and every Member shall hold office for such period not
exceeding six years, as may be specified by the Government in this behalf:
Provided that the Members other than the Chairperson shall cease to hold
office on attaining the age of seventy years.
(2) A Member may, by writing under his hand, addressed to the Government,
resign from the office of Member at any time.
(3) The Government may remove a person from the office of Member,
if that person,—
(a) becomes an un-discharged insolvent; or
(b) has engaged himself, at any time during his term of office, in
any paid employment outside the duties of his office; or
(c) has become physically or mentally incapable of officiating as
member; or
(d) is of unsound mind and stands so declared by a competent
court; or
(e) is convicted of an offence which, in the opinion of the
Government, involves moral turpitude; or
(f) has acquired such financial or other interest as is likely to affect
prejudicially the exercise of his functions; or
(g) has so abused his position as to render his continuance in
office prejudicial to the public interest; or
(h) has been guilty of proved misbehaviour; or
(i) has, in the opinion of the Government, so abused the position
of Member as to render that persons continuance in office is detrimental
to the interest of public:
Provided that no person shall be removed under this clause until that
person is given an opportunity of being heard in the matter.
(4) A vacancy caused under sub -section (3) or otherwise shall be filled afresh and
the Government shall, to the extent possible, initiate the process of filling of any
vacancy due to arise before a period of six months from the date of arising of such
vacancy.
(5) The salaries and allowances pay able to, and the other terms and conditions of
service of, the Chairpersons and Members, shall be such, as may be determined by
the Government, from time to time.
Terms of office
and conditions
of service of
Chairperson
and Members.
7

6. (1) The Government shall provide the Council with such officers and
employees as may be necessary for the efficient performance of the functions of the
Council under this Act.
(2) The salaries and allowances payable to, and the other terms and
conditions of service of, the officers and other employee appointed for the Council,
shall be such, as may be determined by the Government, from time to time.

7. No act or proceedings of the Council shall be questioned or shall be
invalid on the ground merely of the existence of any vacancy or defect in the
constitution of the Council.

8. (1)The Council shall meet as and when necessary at such time and place
as the Chairperson may think fit.
(2) The Council shall regulate its own procedure for the conduct of its business and
the exercise of its powers and functions under this Act.
(3) All orde rs and decisions of the Council shall be authenticated by the
Chairperson or any other officer of the Council duly authorised by the Chairperson
in this behalf.

CHAPTER III

POWERS AND FUNCTIONS OF THE COUNCIL

9.The Council shall perform all or any of the following functions, namely:-
(i) Strategy and Planning:
(a) prepare the State Higher Education Plan (Perspective Plan,
Annual Plan and Budget Plan) ;
(b) provide state institutions input for creating their Plans for
implementation; and
(c) co -ordinate between apex bodies, regulatory institutions and
the Government.
(ii) Monitoring and Evaluation:
(a) monitor the implementation of State Higher Education Plan;
(b) evaluate State institutions on the basis of norms and key
performance index(KPI) developed under Rashtriya Uchchatar
Vacancies,
etc., not to
invalidate the
proceedings of
the Council.

Procedure to be
regulated by the
Council.

Powers and
functions of
the Council.

Officers and
other
employees of
the Council.
8

Shiksha Abhiyan (RUSA)and the Council may, for its own use,
develop additional norms as it may think fit;
(c) create and maintain the management information systems;
(d) compile and maintain periodic statistics at state and
institutional level;
(e) up-date details containing every information for easy and
wider access to the persons of interest through its o wn
website;
(f) specify norms and mechanisms to measure the productivity
of research programmes funded by the Council ; and
(g) develop mechanisms for social audit of the processes in the
Council and obtain public feedback on its performance and
achievements.
(iii) Quality assurance and academic functions:
(a) specify norms and mechanisms to enhance the quality of
faculty ;
(b) specify norms and mechanisms to enhance quality of
examination;
(c) specify norms and mechanisms to give approval for setting
up new institutions/colleges;
(d) promote and protect the autonomy of higher educational
institutions for the free pursuit of knowledge and
innovation, and for facilitating access, inclusion and
opportunities to all, and providing for comprehensive and
holistic growth of higher education and research in a
competitive global environment, through reforms and
innovation ;
(e) specify norms and standards for grant of authorization, to a
University or a higher educational Institution empowered,
by or under law, to a ward any degree or diploma, to
commence its first academic operations and it should be
within the available structure of the Institutions in shape of
infrastructure and manpower ;
(f) develop from time to time, a national curriculum framework
with specific reference to new or emerging or inter -
9

disciplinary fields of knowledge and to provide a vision and
guide Universities and Colleges in recognizing and revising
course curricula ;
(g) specify norms and mechanisms to maintain quality of
curriculum;
(h) specify requirements of academic quality for the award of
any degree or diploma in any field of higher education and
research;
(i) specify norms of academic quality for accreditation and
benchmarking of higher educational Institutions ;
(j) specify norms and processes for establishment and
winding up of a University or College ;
(k) specify norms of academic quality for a University to
affiliate Colleges;
(l) encourage joint and cross -disciplinary programmes
between and amongst Universities and other higher
educational Institutions ;
(m) promote synergy of research in Universities and Colleges
with research in other agencies or laboratories ;
(n) specify norms and mechanisms for transparent, efficient
and accountable governance in Universities, Colleges and
other higher educational Institutions ;
(o) promote use of technology in learning, especially
deployment of ICT (Information and Communications
Technology ) tools ;
(p) encourage, through the creation of an enabling
environment, Universities to become self -regulatory bodies
for the maintenance of academic quality in higher
education and research and in Colleges affiliated to it ;
(q) develop policies and processes that would create an
enabling environment for eligible youth to take up teaching
and research as occupation and career;
(r) develop policies and processes that would enable
qualitative and meaningful interaction between students
and teachers in higher educational Institutions ; and
10

(s) undertake research to assess future knowledge manpower
requirements, both in the short -term and in the long -term,
in different fields of knowledge for meeting the needs of the
economy.

(iv) Advisory functions:
(a) advise the State Government on strategic investments in
higher education ;
(b) advise Universities on statute and ordinance formulation ;
(c) advise on matters of regulation of existing private
Institutions and permission to new ones ;
(d) advise on Open and Distance Education strategies ; and
(e) advise, when called upon to do so, by the Central
Government and the State Government, as the case may
be, on policies relating to higher education and research in
any field of knowledge therein.

(v) Funding Function:
(a) determine the methodology for timely transfer of State’s
share of funds to Institutions ;
(b) disburse funds to State Universities and Colleges on the
basis of the State Higher Education Plan and transparent
norms ; and
(c) specify sources, norms and mechanisms for financing
higher educational Institutions.

CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT

10. (1) The Council shall have its own Fund and all sums which may, from
time to time, be paid to it by the Government or Central Government, as the case
may be, and all other receipts of the Council shall be carried to the Fund and all
payments by the Council shall be made therefrom.
(2) The Council may spend such sums as it thinks fit for performing its functions
under this Act, and such sums shall be treated as expenditure payable out of the
Fund of the Council.

11. The Government sh all, after due appropriation made by the State
Legislature by law in this behalf, pay to the Council by way of grants such sums of
money as the State Government may think fit for being utilised for the purpose of
this Act.

12. (1) The Council shall, i n respect of each financial year, provide to the
Government a statement of the estimated expenditure on development of higher
education and research for that year, referred to as the “annual financial statement
on higher education and research” comprising the “annual financial support plan for
higher education” and the “annual financial support plan for research” for that year.
(2) The estimates of expenditure on development of higher education and research
under sub-section (1) shall be based on norms, pri nciples and criteria as may be
specified by the Government, from time to time.
(3) The Council shall provide that part of the estimated expenditure planned to be
appropriated towards research, along with an explanatory memorandum on the
research programmes proposed to be funded and an assessment of the productivity
of research programmes funded in the past five years.
(4) The assessment of the productivity of research programmes under sub -section
(3) shall be based on norms as may be specified by the Govern ment, from time to
time.
(5) The Government shall cause the annual report on higher education and
research, with such modifications as it may recommend, to be laid before the State
Legislature.
Fund
of the
Council.

Grants
by the State
Government:.

Annual financial
statement on
higher education
and research.

13. (1) The Council shall, by regulations, establish princ iples, norms and
criteria that would govern the block grants to be provided by it to support
Universities and other higher educational Institutions for their general development
and maintenance.
(2) The Council shall, in respect of each financial year on t he basis of grants
provided, prepare “annual funding support plan for higher education” detailing the
Universities and other higher educational Institutions proposed to be supported and
the grants proposed in respect of each University and other higher edu cational
Institution, along with an explanatory memorandum specifying the reasons thereto.
(3) The annual financial support plan for higher education as soon as may be after it
is made, be published on the website of the Council and laid
before the State Legislature.

14. (1) The annual accounts of the Council shall be maintained in
such form as may be specified in this behalf by the Government.
(2) The annual accounts for each financial year shall be closed by the 30th June
of the succeeding year.
(3) The account shall be subject to audit by the chartered accountant firm, selected
for the purpose by the Government.
(4) The audited account along with the report of the auditor shall be placed before
the Council by the 30th September for approval.

15.(1) Annual report comprising the activities of the Council relating to the
preceding year shall be prepared by the Council and shall be submitted to the
Government by the 31st December in each year.
(2) The audited account and report of the auditor shall form part of the Annual
Report.
(3) The Government shall cause the Annual Report of the Council to be laid
before the State Legislature.
(4) The Comptroller and Auditor General of India shall have the right of access
with the books of Accounts of the Council.

Annual
funding
support plan
for higher
education.

Annual account
of the Council.
Annual Report
of the Council .
13

CHAPTER V
MISCELLANEOUS

16. The Chairperson, Vice -Chairperson, Members, Officers and other
employees of the Council shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code, 1860.

17. No suit, prosecution or other legal proceedings shall lie against the
Chairperson, Vice -Chairperson, Members, Officers and other employees of the
Council for anything which is in good faith done or intended to be done under this
Act.
18. (1)If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by order published in the Odisha Gazette, make provisions, not
inconsistent with the provisions of this Act as appear to it to be necessary or
expedient, for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two
years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it
is made, be laid before the State Legislature.

19. (1) The Odisha State Higher Education Council Ordinance, 2017 is
hereby repealed.

(2) Notwithstanding the repeal under sub -section (1), anything done or
any action taken under the Ordinance so repealed shall be deeme d to have been
done or taken under this Act.

By Order of the Governor
B.P.ROUTRAY
Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication,Odisha,Cuttack-10
Ex. Gaz. 1001-173+280
Chairperson, Vice-
Chairperson,
Members, Officers
and other
employees of the
Council to be
public servant.
Protection of
action taken in
good faith.
Power to
remove
difficulties.
45 of 1860.
Repeal and
savings.
Odisha
Ordinance 3 of
2017.

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