The Punjab State Higher Education Council Act, 2018.

Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020
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CHANDIGARH, MONDAY, OCTOBER 8, 2018
(ASVINA 16, 1940 SAKA)
( cxvi )
LEGISLATIVE  SUPPLEMENT
Contents Pages
Part - I Acts
The Punjab State Higher Education Council
Act, 2018.
(Punjab Act No. 24 of 2018) ..105-111
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction  Slips,  Republications and
Replacements
Nil

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 8, 2018
(ASVN 16, 1940 SAKA)
105
Short title and
commencement.
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL  AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The 8th  October, 2018
No.25-Leg./2018.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the  19th  day of
September, 2018, is hereby published for general information:-
THE PUNJAB ST ATE HIGHER EDUCA TION COUNCIL
BILL, 2018.
(Punjab Act No. 24 of 2018)
AN
ACT
to establish and incorporate a Council to be known as the Punjab State
Higher Education Council for planned and co-ordinated development of Higher
Education in the State and for advising the State Government in the matters
relating to Higher Education and to oversee its development with perspective
planning and monitoring and for the matters connected therewith or incidental
thereto.
BE it enacted by the Legislature of the State of Punjab in the Sixty-ninth
Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab State Higher Education Council
Act, 2018.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In this Act, unless the context otherwise requires,-
(a)  ‘Chairman’ means the Chairman of the Council;
(b) ‘College’ means an educational institution, affiliated to a University,
imparting education beyond 10+2 level in any branch of study, but
does not include Medical/T echnical/Agriculture/Management/
Veterinary Colleges;
(c) 'Council’ means the Punjab State Higher Education Council
constituted under section 3 of this Act;
Definitions.
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(d) ‘degree’ means a degree in Arts, Science, Commerce, Fine-Arts,
Law, or in any other subject recognized by a University including a
Post-Graduate or a Research Degree, but does not include
Engineering/T echnical/Management/Agriculture/V eterinary
degrees;
(e) ‘Fund’ means the Punjab State Higher Education Council Fund;
(f) ‘Government College’ means a college fully administered and
maintained by the State Government, except Medical / Technical /
Agriculture / Management / Veterinary  Colleges;
(g) 'Higher Education' means the education beyond 10+2 system of
study;
(h) ‘Institutions of Higher Education’ means all Universities,
Government, Government Aided and Unaided Private Colleges and
Constituent Colleges of Universities imparting education beyond
10+2 system in the State, but in  the context of this Act, shall not
include Medical / Technical/Agriculture/Management/Veterinary
Educational Institutions;
(i) ‘Member-Secretary’ means the Member-Secretary of the Council;
(j) ‘prescribed’  means prescribed by rules made under this Act;
(k) 'Private College' means a college which is run and administered by
a private body not receiving any grant from the State Government;
(l) ‘Regulatory Bodies’ means the statutory bodies established by the
Central or the State Government;
(m) ‘Search Committee’ means the Search Committee constituted under
sub-section (1) of section 7 of this Act;
(n)  'State Government' means the Government of the State of Punjab
in the Department of Higher Education;
(o) 'University’ means a University established or incorporated by or
under the Central Act or by an Act of the State Legislature; and
(p) ‘Vice-Chairman’ means the Vice-Chairman of the Council.
3. (1) The State Government shall, by notification in the Official Gazette,
constitute the Punjab State Higher Education Council consisting of the following
members, namely:-
(a) the Chief Minister,  Punjab; : Chairman
Constitution,
incorporation and
headquarter of
Council.
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(b) the Minister of Higher Education, : Vice-Chairman
Government of Punjab;
(c) one nominee of Secretary, Ministry of : Member
Human Resource Development,
Government of India;
(d) Administrative Secretary, Department : Member
of Finance, Government of Punjab or his
nominee not below the rank of a Joint
Secretary;
(e) Vice-Chancellor of the Punjabi University, : Member
Patiala;
(f) Vice-Chancellor of the Guru Nanak Dev : Member
University, Amritsar;
(g) State Project Director , Rashtriya Uchchatar : Member
Shiksha Abhiyan;
(h) Director, Public Instructions (Colleges), : Member
Punjab;
(i) State Nodal Officer (All India Survey on : Member
Higher Education);
(j) two Principals from Government Colleges : Members
to be nominated by the State Government,
who have been working as such, for a
minimum period of one year;
(k) 10-15 members to be nominated by the : Members
State Government, from the fields of Arts,
Science, Technology, Culture, Industry,
Vocational Education, Skill Development
etc., who have made substantive and
recognizable contribution to their respective
fields; and
(l) the Administrative Secretary, : Member-
Department of Higher Education, Punjab. Secretary
(2) The Council and its members shall together constitute a body
corporate having perpetual succession and a common seal and shall sue or be
sued in the name of the Punjab State Higher Education Council.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 8, 2018
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(3) The headquarters of the Council shall be located in the office of
the Rashtriya Uchchatar Shiksha Abhiyan, Directorate of the State of Punjab.
(4) The maximum age limit for the non-official members shall be sixty
five years.
(5) The honorarium of non-official members shall be such, as may be
prescribed.
(6) The term of nominated members shall be five years. The State
Government shall have the right to extend the term of any such member.
4. (1)     The Council shall meet at least once in every three months.
(2) The quorum of the meeting of the Council shall be one third of the
total members.
(3) No act or proceedings of the Council shall be deemed to be invalid
by reason of any vacancy , or any defect in the constitution of the Council,
provided, the quorum is present.
5. The following shall be the functions and powers of the Council, namely:-
(a) preparing the State Higher Education Plan (Perspective Plan, Annual
Plan and Budget Plan) and providing guidelines to other State
Institutions of Higher Education for preparation and implementation
of their plans;
(b) coordination between Regulatory Bodies in the field of Higher
Education and the State Government;
(c) creating a suitable Management Information System for monitoring
and implementation of State Higher Education Plan;
(d) compiling and maintaining periodic statistics at the State and
Institutional level;
(e) evaluating State institutions on the basis of norms and Key
Performance Indicators developed under the Rashtriya Uchchatar
Shiksha Abhiyan;
(f) developing additional norms for its own use, if it deems fit, and
recommending remedial measures for better performance;
(g) taking appropriate steps for fulfilling the three cardinals of Higher
Education namely, Quality, Equity and Access;
(h) monitoring of Academic and Governance reforms in the S tate
Institutions of  Higher Education;
Meetings of the
Council.
Functions and
powers of
Council.
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 8, 2018
(ASVN 16, 1940 SAKA)
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(i) developing programmes for greater academic co-operation and
interaction amongst the Universities and between the Universities
and Colleges;
(j) ensuring timely release and disbursal of funds (State as well as
Central Share) as per the Rashtriya Uchchatar Shiksha Abhiyan
norms;
(k) advising the State Government on strategic investments in Higher
Education and to suggest ways and means for mobilizing additional
resources for Higher Education in the State, especially through
Public Private Partnership and Philanthropic donations etc.;
(l) directing the State Institutions of Higher Education to ensure that
standards of admission, teaching, examination, research, extension
programmes, qualified teachers, and infrastructure are maintained
in accordance with the guidelines issued by the appropriate
authorities of the Central and the State Government from time to
time; and
(m) associating with it any person whose assistance or advice, in its
opinion, is required for carrying out the functions of the Council.
6. (1) The powers and functions of the Chairman and Vice-Chairman of
the Council shall be such, as may be prescribed.
(2) The Chairman, and in his absence the Vice-Chairman of the Council,
shall preside over the meetings of the Council.
7. (1) The non-official members shall be selected by a Search Committee
to be headed by the Chief Secretary, Punjab and consisting of the following,
namely:-
(a) Administrative Secretary (Higher Education);
(b) Vice-Chancellor of the Punjabi University, Patiala;
(c) Vice-Chancellor of the Guru Nanak Dev University, Amritsar;
and
(d)  two persons of eminence in the field of Higher Education to
be nominated by the State Government.
(2) The Search Committee shall devise its own procedure and
methodology.
Powers and
functions of the
Chairman and
Vice-Chairman.
Composition of
the Search
Committee for
selection of
non-official
members.
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(ASVN 16, 1940 SAKA)
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8. The non-official members of the Council may be removed from their
office by the State Government if it is satisfied that the incumbent,-
(a) has become insane or insolvent and has been adjudged and  declared
so by a competent Court, or
(b) has become physically unfit and incapable of discharging  functions
due to protracted  illness or physical disability; or
(c) has  willfully  omitted  or  refused  to carry out the  provisions of
this Act or has abused or misused the powers vested in him/her or
has shown incompetence to perform or has persistently made default
in the performance of the duties expected or if his/her continuation
in office is detrimental to the interest of the Council; or
(d) has been proved to be guilty of criminal breach of trust or criminal
negligence or gross financial irregularity or impropriety or gross
negligence of duty or has been convicted by a Court of law for any
offence within the meaning of the Indian Penal Code.
9. (1) The Member-Secretary shall act as the Chief Executive Officer
of the Council.
(2) Every order of the Council shall be executed through the Member-
Secretary.
(3) The powers and functions of the Member-Secretary shall be such,
as may be prescribed.
10. (1)  Adequate staff, either through direct recruitment or on deputation
or on contractual basis or any other way in consonance with the Government
policy, shall be employed for the Council:
Provided that the terms and conditions of service of the officers and
employees of the Council shall be such, as may be prescribed:
Provided further that relevant service rules in relation to the officers and
employees belonging to different cadres of the State Government shall continue
to apply upon such officers and employees who may be deputed to the Council.
(2) The State Project Director, Rashtriya Uchchatar Shiksha Abhiyan,
in consultation with the Member -Secretary, shall be authorized to engage
experts/specialists/agencies for preparation of reports, carrying out studies or
executing any work assigned by the State Government or the Council.  However,
ex-post-facto approval of the Council shall be taken in this regard.
Removal of non-
official members
of the Council.
Powers and
functions of the
Member-
Secretary.
Staff of the
Council.
11. (1) There shall be a Fund of the Council to be known as the Punjab
State Higher Education Council Fund to which shall be credited all grants
received from the Central Government, the State Government, any regulatory
body/authority or any contributions and subscriptions.
(2) The State Government shall establish a corpus of five crore rupees
for the establishment and functioning of the Council. The State Government
may also release grants from time to time in terms of its annual budget for the
Council.
(3) The Fund shall be used in meeting the expenses of the Council,
including the payment of salaries and allowances of all the officers and
employees of the Council.
12. (1) The Council shall maintain proper records and books of accounts
for each and every financial year in such manner and in such form, as may be
prescribed.
(2) The State Government shall cause statutory audit of the funds and
accounts of the Council in such manner, as may be prescribed.
13. The Council shall submit to the State Government, its annual budget
showing estimates of receipts and disbursements for the following year.
14. (1) The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Every rule made under this section, shall be laid, as soon as may be,
after it is made, before the House of the State Legislature while it is in session
for a total period of ten days, which may be comprised in one session or in two
or more successive sessions and if, before the expiry of the session in which
it is so laid or the successive sessions as aforesaid, the House agrees in making
any modification in the rule or the House agrees that the rule should not be
made, the rule shall thereafter, 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 or omitted
to be done under that rule.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
Fund of the
Council.
Accounts and
audit.
Budget of
Council.
Power to make
rules.
1614/10-2018/Pb. Govt. Press, S.A.S. Nagar
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 8, 2018
(ASVN 16, 1940 SAKA)
111

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