LexThe Telangana State Council of Higher Education Act, 1988.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA STATE COUNCIL OF HIGHER EDUCATION
ACT, 1988.
(ACT NO. 16 OF 1988)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and commencement.
2. Definitions.
3. Constitution of State Council of Higher Education.
4. Composition of the State Council.
5. Terms and Conditions of Service of Chairman, Vice-
Chairman and members.
6. Meetings of the Council.
7. Vacancies amongst members or defect in
constitution not to invalidate acts or proceedings of
the Council.
8. Temporary association of persons with the Council
for particular purpose.
9. Staff of the Council.
10. Authentication of orders and other instruments of the
Council.
11. Powers and functions of the Council.
12. Special provisions with regard to Intermediate
Education.
13. Fund of the Council.
14. Release of grants in aid to the Universities and
Institutions.
15. Annual Financial Statement.
16. Annual report.
2 [Act No. 16 of 1988]
17. Accounts and Audit.
18. Directions by the Government.
19. Returns and Information.
20. Inspection and enquiry.
21. Revision.
22. Power to make rules.
23. Power to make regulations.
24. Power to remove difficulties.
THE TELANGANA STATE COUNCIL OF HIGHER
EDUCATION ACT, 1988.1
ACT No. 16 OF 1988.
1. (1) This Act may be called the 2Telangana State
Council of Higher Education Act, 1988.
(2) It shall come into force on such date as the
Government may, by notification, appoint.
2. In this Act, unless the context otherwise requires,-
(a) “Chairman” means the Chairman of the State
Council of Higher Education;
(b) “College” means a College affiliated to or
associated with or recognised by any University in the State
including engineering colleges, polytechnic colleges and all
colleges established in the co-operative sector;
(c) “Degree” means a degree in arts, science,
commerce, oriental languages, engineering, technology,
law, or such other degree recognised by any University in
the State and includes a post-graduate degree;
(d) “Diploma” means any course of study after the
tenth clas s to which a diploma is awarded but does not
include a certificate;
1. The Andhra Pradesh State Council of Higher Education Act, 1988
received the assent of the Governor on the 20th April, 1988. The said Act
in force in the combined State, as on 02.06.2014, has been adapted to
the State of Telangana, under section 101 of th e Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Adaptation
Order issued in G.O.Ms.No.5, Higher Education (UE) Department, dated
02.08.2014.
2. Substituted by G.O.Ms.No.5, Higher Education (UE) Department,
dated 02.08.2014.
Short title and
commencement.
Definitions.
2 [Act No. 16 of 1988]
(e) “State Council ” means the 3Telangana State
Council of Higher Education constituted under sub-section
(1) of section 3;
(f) “Government” means the State Government of
3Telangana;
(g) “Higher Education ” means every education above
the tenth class leading to a degree or diploma including
Intermediate Education and Technical Education but does
not include a certificate course in Technical Education not
leading to a degree or diploma;
(h) “Notification” means a noti fication published in the
3Telangana Gazette and the word “notified” shall be
construed accordingly;
(i) “prescribed” means prescribed by rules made by
the Government under this Act;
(j) “Private Colleges ” means a college imparting
education or training established and adm inistered or
maintained by any person or body of persons, whet her
incorporated or not, or any local authority and recognised
as such by Government, but does not include a college,-
(i) established and administered or m aintained by the
Central Government or the State Government;
(ii) established and administered or maintained by
any University established by law, and
(iii) giving, providing or imparting only religious
instruction, but not any other instruction.
3. Substituted by G.O.Ms.No.5, Higher Education (UE) Department,
dated 02.08.2014.
[Act No.16 of 1988] 3
3. (1) The Government may, by notification, and with
effect on and from such date as may be specified in this
behalf, constitute a State Council for the purpose of this Act
to be called the 4Telangana State Council of Higher
Education.
(2) (a) The State Council shall be a body corporate
having perpetual succession and a common seal and shall
sue and be sued by the said corporate name.
(b) In all suits and other legal pro ceedings by or
against the State Council the proceedings shall be signed
and verified by the Secretary and all processes in such suits
and proceedings shall be issued to and served on the
Secretary.
(3) The Headquarters of the State Council shall be
located at Hyderabad.
4. (1) The Stat e Council shall consist of the following
members, namely:-
I. FULL TIME MEMBERS:
(i) a Chairman; and
(ii) 5[One Vice-Chairman];
to be appointed by the Government from among eminent
educationists;
4. Substituted by G.O.Ms.No.5, Higher Education (UE ) Department,
dated 02.08.2015.
5. Substituted for “two Vice -Chairman” by G.O.Ms.No.5, Higher
Education (UE) Department, dated 02.08.2015.
Constitution of
State Council of
Higher Education.
Composition of
the State Council.
4 [Act No. 16 of 1988]
II. EX-OFFICIO MEMBERS:
(i) the Secretary to Government, Education
Department;
(ii) the Secretary to Government, Finance, Department;
(iii) the Secretary to Government, Lab our, Employment
and Technical Education;
(iv) the Secretary or any other officer of the University
Grants Commission not below the rank of a Joint Secretary
nominated by the Chairman, University Grants Commission;
6[(v) The Vice -Chancellors of the Osmania University,
Kakatiya University, Jaw aharlal N ehru Technological
University, Telangana University, Mahatma Gandhi
University, Palamuru University, Satavahana University.]
III. OTHER MEMBERS:
(i) four persons to be appointed by the Government
from among eminent educationists;
(ii) one person who shall represent the industry to be
appointed by the Government;
(iii) three persons of whom one shall be a technical
expert to be nominated by the State Government.
(2) Every appointment under this section shall take
effect from the date on which it is notified by the
Government:
6. Substituted by G.O.Ms.No.5, Higher E ducation (UE) Department,
dated 02.08.2014.
[Act No.16 of 1988] 5
5. (1) T he Chairman, Vice -Chairman or any member
(other than an ex -officio member) shall be appointed by the
Government ordinarily for a term of three years and shall be
eligible for re-appointment for a second term:
Provided that a person who has not attained the age of
sixty-five years shall be eligible to be appointed as Chairman
or Vice-Chairman:
Provided further that it shall be competent for the
Government to make an appointment under this sub-section
for a term of less than three years if they consider
necessary:
Provided also that the Chairman, Vice-Chairman or any
member (other than an ex -officio me mber) who incur
disqualification under the rules made in this behalf shal l
cease to hold such office as Chairman, Vice -Chairman or
member.
(2) The Cha irman, or Vice -Chairman or a mem ber
(other than an ex -officio member) may resign his, office by
writing under his hand addressed to the Government and
every such resignation shall take effect from the date on
which it is accepted by the Government.
(3) The Chairman or Vice -Chairman or a member
(other than an ex -officio member), shall no t be removed
from his office except by an order of the Government
passed on the ground of wilful omission or refusal to carry
out the provisions of this Act or abuse of the powers vested
with him and after due inquiry as may b e ordered by the
Government, in which such Chairman or Vice-Chairman or
member shall have an opportunity of making his
representation against such removal.
Terms and
Conditions of
Service of
Chairman, Vice-
Chairman and
Members.
6 [Act No. 16 of 1988]
(4) If a casual vacancy occurs in the office of the
Chairman, whether by reason of his death , resignation or
inability to discharge his functions owing, to illness or other
incapacity or for any other reason the Vice-Chairman
holding office as such for the time being shall hold the office
of the Chairman until another person is appointed as
Chairman for the term as may be specified by the
Government under sub-section (1):
Provided that where no Vice-Chairman is holding office
at the time when the vacancy in the office of the Chairman
occurs, the Government may appoint any other member
(not being an ex -officio member) or appoint any other
person to hold the office of the Chairman until another
person is appointed as the Chairman for the term as may be
specified by the Government under sub-section (1).
(5) If a casual vacancy occurs in the office of the Vice-
Chairman or any other member, (other than an e x-officio
member) whether by reason o f his dea th, resignation or
inability to discharge his functions owing to illness or other
incapacity or for any other reason such vacancy shall be
filled by the Government, in the manner specified under
sub-section (1).
(6) The office of the Chairman and Vice -Chairman shall
be a whole time and salaried and subject thereto the terms
and conditions of service of the Chairman, Vice -Chairman
and other members shall be such as may be prescribed.
6. The Council shall meet at such times and places and
shall observe such rules of procedure in regard to the
transaction of business at its meetings as may be provided
by regulations made under this Act.
Meetings of the
Council.
[Act No.16 of 1988] 7
7. No act or proceedings of the Council shall be deemed
to be i nvalid by reason of any vacancy in or any defect in
the Constitution of the Council.
8. The Council may associate with itself in such a manner
and for such a purpose, any person whose assistance or
advice it may desire in carrying out its work. A person
associated with Council for any purpose shall have a right to
take part in the discussions relevant to that purpose but
shall not have a right to vote at a meeting of the Council and
shall not be a member for any other purpose. The Council
may associate with its members of Medical, Engineering
and Agricultural Universities and such other expert bodies
as the Government, by order specify with a view of
developing coordination among the Universities.
9. (1) The Council may appoint a Secretary and the other
Officers with the previous, approval of the Government and
the other employees may be appointed by the Council from
time to time in accordance with the guidelines prescribed.
(2) The classification and methods of recruitment,
conditions of service, pay and allowances and disciplinary
conduct of the officers and other employees referred to in
this section shall be such as may be prescribed.
10. All orders and decisions of the Council shall be
authenticated by the signature of the Chairman or any other
member authorised by the Council in this behalf, and all
other in struments issued by the Coun cil shall be
authenticated by the signature of the Secretary or any other
Officer of the Council aut horised in the like manner in this
behalf.
Vacancies
amongst
members or
defect in
constitution not to
invalidate acts or
proceedings of
the Council.
Temporary
association of
persons with the
Council for
particular
purpose.
Staff of the
Council.
Authentication of
orders and other
instruments of the
Council.
8 [Act No. 16 of 1988]
11. (1) It shall be the general duty of the Council to
co-ordinate and determine standards in institutions of
Higher Education or Research and Scientific and Technical
Institutions in accordance with the guidelines issued by the
University Grants Commission from time to time.
(2) The functions of the Council shall include,-
I. PLANNlNG AND CO-ORDINATION:
(i) to prepare consolidated programmes in the sphere
of Higher Education in the State in accordance with the
guidelines that may be issued by the University Grants
Commission from time to t ime, and to assist in their
implementation, keeping in view the overall priorities and
perspectives of Higher Education in the State;
(ii) to assist the University Grants Co mmission in
respect of determination and maintenance of standards and
suggest remedial action wherever necessary;
(iii) to evolve perspective plans for developmen t of
Higher Education in the State;
(iv) to forward the Developmental Programmes of
Universities and colleges in the State to the University
Grants Commission a long with its comments and
recommendations;
(v) to monitor the progress of implementation of such
developmental programmes;
(vi) to promote co -operation and co -ordination of the
educational institutions among themselves and explore the
scope for inter -action with industry and other related
establishments;
Powers and
functions of the
Council.
[Act No.16 of 1988] 9
(vii) to formulate the principles as per the guidelines of
the Government and to decide upon, approve and sanction
new educational institutions by according permission
keeping in view the various norms and requirements to be
fulfilled;
(viii) to suggest wa ys and means of mee ting additional
resources for higher education in the State.
II. ACADEMIC FUNCTIONS:
(i) to encourage and promote innovations in curricular
development, restructuring of courses and updating of
syllabi in the University and the colleges;
(ii) to promote and co -ordinate the programme of
autonomous colleges and to monitor its implementation;
(iii) to dev ise steps to improve the standar ds of
examinations condu cted by the Universities and sugg est
necessary reforms;
(iv) to facilitate training of teachers in colleges and
Universities;
(v) to devel op programmes for greater academic
co-operation and inter -action between University teachers
and College teachers an d to facilitate mo bility of students
and teachers within and outside the State;
(vi) to conduct entrance examination for ad mission to
institutions of higher education and render advice on
admissions;
(vii) to encourage sports, games, physical education
and cultural activities in the Universities and colleges;
10 [Act No. 16 of 1988]
(viii) to encourage extension activities and promote
interaction with agenc ies concerned with regional planning
and development;
(ix) to prepare an overview report on the working of the
Universities and the colleges in the State and to furnish a
copy of the report to the University Grants Commission.
III. ADVISORY FUNCTIONS:
To advise the Government,-
(i) in determining the block maintenance grants and to
lay down the basis for such grants;
(ii) on setting up a State Research Board so as to link
research work of educational institutions with that of the
research agencies a nd industry, keeping in view the overall
research needs of the State;
(iii) on the S tatutes and Ordinances to various
Universities in the State (excluding Central Universities) and
on the Statutes proposed by the Universities in the State;
(iv) to work in liaison with the Southern Regional
Committee of the All India Council for Technical Education
in the formulation of the schemes in the State;
(v) to make new institutions self sufficient and viable;
(vi) on the policy of „earning while learning‟.
(vii) to perform any other functions necessary for the
furtherance of higher education in the State.
[Act No.16 of 1988] 11
12. Notwithstanding anything contained in this Act, and the
7[Telangana Intermediate Education Act, 1971 ], it shall be
competent for the Government to entrust to the State
Council all or any of the functions relating to Intermediate
Education and such other matters for the orderly functioning
of the Junior Colleges (including Co-operative and self -
financing Junior Colleges) and to seek such help and advice
from the State Council in order to ensure the orderly and
efficient functioning of such colleges in conformity with the
overall objective and educational policy of the State and
National Policy.
13. (1) The Council shall have its own fund cons isting of
the grants from Government voted by the Leg islature of the
State towards grants to Universities, and Colleges and
Grants received from Central Government for higher
education and suc h other funds as may be received by the
Council from any other source.
(2) The Government may pay to the Counc il in each
financial year such sums as may be considered necessary
for the functioning of the Council.
(3) All moneys belonging to the Fund and all receipt of
the Council shall be deposited or invested in such manner
as may be prescribed;
(4) The Council may spend such sums as it may 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.
14. (1) It shall be the duty of the State Council to allocate
grants to different Universities and degree colleges in the
7. Substituted by G.O.Ms.No.21, Higher Education (I E) Department,
dated 20.10.2014.
Special provisions
with regard to
Intermediate
Education.
Act 2 of 1971.
Fund of the
Council.
Release of grants
in aid to the
Universities and
Institutions.
12 [Act No. 16 of 1988]
State from out of the funds recei ved by it under sub -section
(1) of sect ion 13 and release the sam e to concerned
Universities and colleges.
(2) Without prejudice to the prov isions of the
8[Telangana Education Act, 1982 ], the Director of Higher
Education and the other authorities administratively
concerned with the colleges shall implement the decisions,
programmes and instructions of the Council in regard to the
planning and monitoring developments and release of
grants and funds of the Council under section 13.
15. (1) The Council shall prepare an annual financial
statement on or before such date as may be prescribed of
the estimated capital and revenue receipts and expenditure
for the ensuing year.
(2) The said statement shall include a statement of
salaries and allowances of members, officers and servants
of the Council and of such other particulars as may be
prescribed.
(3) The Government shall, as soon as m ay be after
receipt of the said statement, cause it to be laid on the Table
of the Legislature of the State.
(4) The Council shall take into consideration any
comments made on the said statement in the Legislature of
the State.
(5) The Council may at any time during the year in
respect of which a statement under sub -section (1) has
been submitted, submit to the Government a supplementary
statement, and all provisions of this section shall apply to
8. Substituted by G.O.Ms.No.15, Higher Education (TE ) Department,
dated 23.04.2015, made to the Andhra Pradesh Education Act, 1982.
Act 1 of 1982.
Annual Financial
Statement.
[Act No.16 of 1988] 13
such statements as they apply to such statement under t he
said sub-section.
16. The Council shall prepare once in every year, in such
form and at such time as may be prescribed an annual
report giving a true and fu ll account of its activities during
the previous year, and copies thereof shall be forwarded to
the Government and the Government shall cause the same
to be laid before the 9Legislature of the State. A copy of the
report shall also be sent to University Grants Commission.
17. (1) The Council shall cause to be maintained such
books of account and other books in relation to its accounts
in such form and in such manner as may be prescribed.
(2) The Council shall, as soon as may be after closing
its annual accounts, prepare a statement of accounts in
such f orm, and forward the same to the Government by
such date, as the Government may determine.
(3) The accounts of the Council shall be audited by
such authority, at such times and in such manner as may be
prescribed.
(4) The annual accounts of the Council together with
the audit report thereon shall be forwarded to the
Government and the Government shall cause the same to
be laid before the 9Legislature of the State and shall als o
forward a copy of the Audit report to the Council for taking
suitable action on the matters arising out of the audit report.
18. (1) In the discharge of its functions under this Act, the
Council shall be guided by such directions on questions of
9. Substituted by G.O.Ms.No.5, Higher Education (UE) Department,
dated 02.08.2014.
Annual report.
Accounts and
Audit.
Directions by the
Government.
14 [Act No. 16 of 1988]
policy relatin g to State purposes or in case of any
emergency as may be given to it by the Government.
(2) If any dispute arises between the Government and
the Council as to whether a question is or is not a question
of policy relating to State purposes, or whether an
emergency has arisen the decision of the Government
thereon shall be final.
19. The Council shall furnish to the Government such
returns or other informat ion with respect to its property or
activities as the Government may, from time to time require.
20. (1) The Gove rnment shall have the right to caus e
inspection to be made, by an O fficer not below the rank of
Secretary to the G overnment autho rised by it, of the State
Council and als o to cause an inquiry to be made into the
work done by the State Co uncil in respect o f any matter
entrusted to it. The G overnment shall in every case give
notice to the State C ouncil of its inte ntion to cause such
inspection or inquiry to be made and the State Council shall
be entitled to be represented thereat. The Officer making the
inspection or inquiry shall inf orm the G overnment o f the
results thereof.
(2) The G overnment shall communicate to the State
Council its views with reference to the results o f such
inspection or inquiry and may, advise the State Council
upon the action to be taken.
(3) The State Co uncil shall, within such time as the
Government may fix, rep ort to it, the acti on, if any, which is
proposed to be taken or has been taken, upon such advice.
(4) The Go vernment may, where acti on has no t been
taken by the State C ouncil within a reaso nable time to its
Returns and
Information.
Inspection and
enquiry.
[Act No.16 of 1988] 15
satisfaction, issue such directions as it may think fit, and the
State Council shall comply with such directions.
21. The Government , may, either suo -moto o r on an
application made to them, call fo r and examine the records
of any order passed o r decision taken by the State Council
under the provisions of this Act, for the purpose of satisfying
themselves as to the legality or propriety of such o rder or
decision or as to regularity of such procedure and pass
such order with respect thereto as they may think fit:
Provided that no such order shall be made except after
giving the State Council or the person likely to be affected
thereby, a reasonable opportunity of being heard.
22. (1) The Government may, by notification make rules for
carryingout all or any of the purposes of this Act.
(2) Every rule made under this Act, shall, immediately
after it is made, be laid before the 10Legislature of the State,
if it is in session and if it is not in session in the session
immediately following for a total period of fourteen days
which may comprise in one session or in two successive
sessions, and if, before the expira tion of the session in
which it is so laid or the session immediately following, the
10Legislature agrees in making any modification in the rule
or in the annulment of the rule , the rule shall from the date
on which the modification, annulment is notified, have effect
only in such modified form or shall stand annuled as the
case may be, so however, that any such modification or
annulment shall be without prejudice to the validit y of
anything previously done under that rule.
10. Substituted by G.O.Ms.No.5, Higher Education (UE) Department,
dated 02.08.2014.
Revision.
Power to make
rules.
16 [Act No. 16 of 1988]
23. (1) The Council may make regulations consistent with
this Act and rules made thereunder,-
(a) regulating the meeting of the Council and the
procedure for conducting business thereat; and
(b) regulating the manne r in which and the purposes
for which persons may be associated with the Council under
section 8.
(2) No regulation shall be made under section except
with the previous approval of Government.
24. If any difficulty arises in giving effect to the provisi ons
of this Act, the Government may, by order make s uch
provision not inconsistent with the purpose of this Act, as
appears to them to be necessary or expedient for removing
the difficulty.
* * *
Power to make
regulations.
Power to remove
difficulties.