LexThe UTTAR PRADESH STATE COUNCIL OF HIGHER EDUCATION ACT, 1995
Uttar Pradesh · state statute
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THE UTTAR PRADESH STATE COUNCIL OF HIGHER
EDUCATION ACT, 1995
[U. P. ACT No. 22 of 1995]
Amended by
U. P. Act No. 34 of 2007
U. P. Act No. 07 of 2014
[As p assed by the Uttar Pradesh Legislature, r eceived the
assent of the Governor on August 25, 1995, under Article 201 of
the Constitution of India and was publish ed in the Uttar Pradesh
Gazette Extraordinary, dated August 25, 1995.]
AN
ACT
to provide for the establishment of a State Council of
Higher Education In the State of Uttar Pradesh and for matters
connected therewith and incidental thereto.
WHEREAS the National Policy on Education, 1986 of the
Government of India contains recommendations that State level
planning and co -ordination of higher education shall be done
through the State Council' of Higher Education;
AND WHEREAS the: University, Grants Commi ssion
constituted a committee to make recommendations regarding the
setting up of State Councils of Higher Education as per the
aforesaid National Policy;
AND WHEREAS the said committee recommended that there
is a pressing need for an effective machinery for promotion and
co-ordination of higher Education at the State level and co -
ordination of State, level programmes with those of the University
Grants Commission;
AND WHEREAS the University, Grants Commission has laid -
down the guidelines for setting up of State Councils of Higher
Education, as recommended by the said Committee;
AND WHEREAS the State Government has accordingly decided
to establish a State Council of Higher Education as recommended
in the National Policy on Education of the Government o f India
and by the University Grants Commission;
NOW, THEREFORE, it is hereby enacted in the Forty -sixth Year
of the Republic of India as follows:-
Short title,
commencement
and application
1. (1) This Act may be called the Uttar Pradesh State Council o f
Higher Education Act, 1995.
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[The Uttar Pradesh State Council of Higher Education Act, 1995]
(2) It shall be deemed to have come into force on May 25, 1995.
(3) It shall apply to all the Un iversities and Colleges to which
the Uttar Pradesh State Universities Act, 1973 applies.
Definitions 2. In this Act-
(a) "college" means any institution maint ained or recognized by
the University to provide for the teaching necessary for admission to a
degree of the University and includes an affiliated college, an
associated college, an autonomous college and a constituent college;
(b) "Council" means the Uttar Pradesh State Council of Higher
Education established under section 3;
(c) "Fund" means the fund of the Council referred to section 15;
(d) "higher education" means education, whether professional,
technical or otherwise, leading to the obtaining of any agree or diploma
from any University;
(e) "institution of higher education" means an institut ion
conducting any course of study in higher education, which is approved
such by the State Government;
(f) " member" means a member of the Council and include t he
Chairman and the Member-Secretary;
(g) "regulations" means the regu lations made by the Counci l
under this Act;
(h) "University Grants Commission" means the University Grant
Commission established under section 4 of the University Grants
Commission Act, 1956;
(i) a word or expression defined in the Uttar Pradesh State
Universities Act, 1973 used, but not defined herein, shall have the
same meanings as is assigned to it in that Act.
Establishment
of Council
Higher
Education
3. (1) There shall be established a Council by the name "the
Uttar Pradesh State Council of Higher Education."
(2) The Council shall be a body corporate.
(3) The headquarters of the Council shall be at Lucknow.
Constitution
of Council
4. The Council shall consist of the following members, namely:-
(a) a Chairman, to be appointed by the State Government from
amongst eminent acad emicians, who is or has been a Vice -Chancellor
or a senior administrative officer, serving or retired, not below the rank
of Additional Secretary to the Government of India, having aptitude
and experience in the field of education;
1 [(aa) two Vice -Chairman to be nominated by the State
Government to resolve the issues of the representatives of public.]
1. Ins. by sec. 2 of U. P. Act No. 34 of 2007.
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[The Uttar Pradesh State Council of Higher Education Act, 1995]
(b) the Principal Secretary/Secretary to the State
Government in the Department of Higher Education;
(c) the Principal Secretary/Secretary to the State
Government in the Department of Finance;
(d) the Principal Secretary/Secretary to the State
Government in the Department of Planning.
. . Member
Secretary
. . Member
. . Member
(e) the Secretary or any other officer of the
University Grants Commission not below the rank of
a Joint Secretary nominated by the Chairman of the
University Grants Commission;
(f) the Director of Higher Education, Uttar
Pradesh;
(g) the Director of Technical Education Uttar
Pradesh;
. . Member
. . Member
. . Member
(h) three persons nominated by the State
Government from amongst the Vice- Chancellors of
the Universities;
(i) not more than three persons nominated by the
State Government from amongst eminent
academicians each in the field of Education,
Engineering and Law;
. . Members
. . Members
(j) one person co -opted by the Council[from
amongst the Principals of Colleges.
(k) one person co -opted by the Council from
amongst reputed industrialists whose contribution
to the cause of higher education is significant.
. . Member
. . Member
Temporary
association of
persons with
the Council for
particular
purpose
5. The Council may associate with itself for any particular
purpose any person whose assistance or advice it may desire in
carrying out its work. A person associated with the Council for any
particular 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.
Disqualification
for membership
of Council.
6. A person shall be disqualified for being appointed as
Chairman or for being nominated as a member of the Council or for
being such Chairman or nominated member, if-
(a) he is of unsound mind;
(b) he is an undischarged insolvent;
(c) he has been sentenced for any offence involving moral
turpitude, punishable under any law with imprisonment such
sentence not having been annulled and a period of five years has not
elapsed from the date of expiration of the sentence;
(d) he is a paid officer or employee of the Council; or
(e) he incurs such other disqualifications as may be
prescribed by the State Government.
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[The Uttar Pradesh State Council of Higher Education Act, 1995]
Terms and
conditions of
service of
Chairman
and
nominated
members
7. (1) The Chairman shall hold o ffice for a term of three years
and the nominated members and the co -opted member shall hold
office for a term of one year and shall be eligible for re- appointment or
re-nomination or co- option for a further term of three years, or one
year, as the case may be ;
1[ * * * * * ]
(2) The Chairman or the nominated member or, co- opted
member may, by writing under his hand addressed to the State
Government or the Council as the case may be, resign his office but he
shall continue to hold office until his resi gnation is accepted by the
State Government or, as the case may be, by the Council.
(3) Subject to the provisions of this section, the other terms and
conditions of service of the Chairman and the nominated members
shall be such as may be prescribed.
(4) The Chairman shall exercise such powers and perform such
functions as may be prescribed.
Powers and
duties of
Member-
Secretary
8. The Member-Secretary shall exercise the powers and perform
the functions conferred or imposed on him under this Act and suc h
other powers and functions as may be prescribed.
Removal
from
membership
of Council
9. If, at any time, it appears to the State Government that the
Chairman or a nominated member or the co -opted member has shown
himself to be unsuitable for office or ha s been guilty of misconduct or
neglect which renders his removal expedient; the State Government
may, after giving him a reasonable opportunity to show cause, by
notification, remove the Chairman or such nominated or co -opted
member, as the case may be, from the office.
Filling of
casual
vacancy
10. If a vacancy occurs in the office of the Chairman or of a
nominated or co- opted member, either by reason of his death,
resignation, removal or otherwise, such vacancy shall be filled; as soon
as may be, by the State Government or by the Council, as the case
may be, and such Chairman or nominated or co- opted member shall
hold office for a period not exceeding six months or till a duly
nominated or co-opted member joins whichever is earlier.
Powers and
functions of
Council
11. (1) The functions of the Council shall be to co -ordinate and
determine standards in Universities and colleges in accordance with
the guidelines issued by the University Grants Commission from time
to time.
(2) Subject to the provisions of su b-section (1), the functions of
the Council shall include-
I. Planning and Co-ordination :
(a) to prepare consolidated programmes in the sphere of higher
1. Omit. by sec. 2 of U. P. Act No. 07 of 2014.
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[The Uttar Pradesh State Council of Higher Education Act, 1995]
education in the State keeping in view the overall priorities and
perspectives of higher education in the State and the guidelines issued
by the University Grants Com mission and to assist in their
implementation;
(b) to assist the University Grants Commission in respect of
determination and maintenance of standards and suggest remedial
action wherever necessary;
(c) to prepare persp ective plans for development of higher
education in the State;
(d) to submit to the State Government, if so required by it, the
development programmes of Universities and colleges, along with its
comments and recommendations;
(e) to promote co -operation of institutions of higher education
amongst themselves and explore the scope for interaction with
industry and other related establishment;
(f) to formulate norms and principles for starting new colleges
and addi tional subjects and departments in the exi sting college in
accordance with the guidelines issued by the State Government and
the University Grants Commission;
(g) to suggest ways and means for augmenting additional
resources for higher education in the State;
(h) to co -ordinate research funding at national and
international level for promotion of scientific research in the
Universities and colleges.
II. Academic Functions:
(a) to encourage innovations in curriculum development,
restructuring and updating of syllabi in Universities, and colleges;
(b) to co -ordinate the programmes of autonomous colleges and
to monitor their implementation;
(c) to devise methods and steps to improve the standards of
examinations conducted by the Universities and autonomo us colleges
and to suggest necessary reforms;
(d) to facilitate training of teachers in Universities and colleges,
and to oversee the functioning of the academic staff colleges through
co-ordination and to encourage publication of quality text books,
monographs and reference books etc.;
(e) to de velop programmes for effective academic co -operation
and interaction between the faculties in the Universities and colleges
and to facilitate mobility of teachers and students in and outside the
State;
(f) to advise on regulating the admissions in the Un iversities
and colleges;
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[The Uttar Pradesh State Council of Higher Education Act, 1995]
(g) to encourage sports, games, physical education, cultural
activities and other extracurricular activities in the Universities and
colleges;
(h) to encourage extension activities and to promote interaction
between Universities and industries through effective con sultancy in
special areas relevant to the Universities and regional planning and
development;
(i) to prep are an overview report on the working of the
Universities and colleges in the State and to furnish a copy thereof to
the State Government and such other authorities as the State
Government may specify;
(j) to identify Centres of Excellence in the Universit ies and
provide national and international linkage for the growth of science
and technology in frontier areas;
(k) to promote Institutions of Excellence within or outside the
University in frontier areas of knowledge including molecular biology,
genetic engineering aero-space biotechnology;
(l) to set up a State Centre for Scientific Research and to
coordinate the research activities among Universities;
(m) to institute prestigious awards to outstanding scientists,
academicians and technologists for their contributions;
(n) to work in liaison with the University Grants Commission,
All-India Council for Technical Education and other central agencies in
relation to higher education.
III. Advisory Functions:
(a) to make suggestions to the State Government regarding the
norms, if any, relating to the establishment of new Universities and
colleges;
(b) to examine the laws relating to the Universities, the
Statutes, Ordinances and Regulations of Universities in the State and
to suggest modifications whereve r required to maintain uniformity in
the administration without prejudice to the autonomy for the academic
pursuits;
(c) to identify and to administer innovative programmes for
sustainable growth through self -generating funds from services such
as consul tancy to industries, institutions and national and
international organisations;
(d) to advise the State Government or any University, college or
institute of higher education on any other matter relating to higher
education and research which they may refer to the Council;
(e) to advise the State Government for starting new colleges and
additional subjects and departments in the existing colleges.
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[The Uttar Pradesh State Council of Higher Education Act, 1995]
IV. Financial Functions:
(a) to release and monitor grants- in-aid to Universities and
colleges for the purposes specified by the State Government;
(b) to administer and regulate the Student Welfare Fund,
National Scholarships, other scholarships, Travel Grant, Publication
Grant and such other grants as may be specified by the State
Government; and to sanction financial assistance therefrom;
(c) to release and monitor research funds, if any, received by
the Council from national and international funding agencies;
(d) to advise the State Government on steps to make
institutions self-sufficient and viable.
V. Other Functions ;
(a) to publish history of freedom -fighters of Uttar Pradesh the
matters related thereto;
(b) to perform such other functions necessary for promoting
excellence is higher education and research as may be entrusted to it
by the State Government from time to time.
Meeting of
Council
12. 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 ;
Provided that the Council shall meet at least once in three
months.
Staff of
Council
13. The Council shall appoint such number of employees as
may be sanctioned by the State Government from time to time. The
terms and conditions of service of the employees of the Council shall
be such as may be provided in the regulations.
Budget of
Council
14. The Council shall prepare, in such form and at such time,
every year as may be prescribed, a budget in respect of the next
financial year showing the estimated receipts and expenditure and it
shall be submitted, in such form as may be prescribed, to t he State
Government for its approval.
Fund of
Council
15. (1) The Council shall have its own Fund in which shall be
credited—
(a) all moneys provided by the State Government;
(b) all moneys provided by the Central Government;
(c) all moneys provided by the University Grants Commission;
(d) all moneys received by the Council by way of grants, gifts,
donations, benefactions, bequests of transfers:
(e) all moneys received by the Council in any other manner or
from any other source.
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[The Uttar Pradesh State Council of Higher Education Act, 1995]
(2) All moneys credited to the Fund shall be deposited in such
banks or invested in such manner as the Council may, with the
approval of the State Government, decide.
(3) The Fund shall be applied towards meeting the expenses of
the Council including the expenses incurred in the exercise of its
powers and discharge of its functions under section 11.
Annual
Accounts and
Audit
16. (1) The accounts of the Council shall be maintained in such
manner and in such form as may be prescribed. The Council shall
prepare an annual statement of accounts in such form as may be
prescribed.
(2) The accounts of the Council shall be audited at least once in
a year by such auditor as the State Government may appoint in this
behalf.
(3) The auditor appointed under sub -section (2) shall, for tax
purposes of audit, have such rights, privileges and authority as may be
prescribed.
(4) The Member -Secretary to the Council shall cause the audit
report to be printed and shall forward a printed copy thereof to each
member and 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 rem arks of the Council
thereon shall be forwarded to the State Government within such period
as may be prescribed.
(7) The State Government may, by order in writing, direct the
Council to take such action as may be specified in the order to remedy,
within s uch time as may be specified therein, the defects, if any,
disclosed in the audit report, and the Council shall comply with such
direction.
Annual
Report
17. The Council shall, as soon as may be, after the end of each
financial year, prepare and submit to the State Government, before
such date and in such form as may be prescribed, a report giving an
account of its activities during the previous year and the report shall
also give an account of the activities, if any, which are likely to be
undertaken by t he Council in the next financial year and the State
Government shall cause every such report to be laid before both the
Houses of the State Legislature as soon as may be after its receipt. A
copy of the annual report shall also be forwarded to the Universi ty
Grants Commission.
Power to
issue
directions
18. The State Government may issue to t he Council such
directions as in its opinion, are necessary or expedient for carrying out
the purpose of this Act and the Council shall give effect to all such
directions.
624
[The Uttar Pradesh State Council of Higher Education Act, 1995]
Authentication
of orders and
other
instruments of
the Council
19. All orders, decisions and other instruments shall be
authenticated, by the Member -Secretary of the Council or any other
officer of the Council authorised by the Council in this behalf.
Proceedings of
Council not to
be invalid on
the ground of
defect in
Constitution
etc.
20. The Council shall have power to act, notwithstandi ng any
Vacancy in the membership, or any defect in the constitution thereof,
and the proceedings of the Council shall be valid notwithstanding that
some person, who was not entitled to be a member had sot, voted or
otherwise ta ken part in the proceeding of the Council.
Members and
employees of
Council to be
public
servants
21. The Chairman, every member, the Member -Secretary and
every employee of the Council, when acting or purporting to act in
pursuance of the provisions of this Act or the rules, or regu lations or
orders or directions made or issued thereunder shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal
Code.
Protection of
action taken
in good faith
22. No suit, prosecution or other legal proceedings. shall lie
against the State Government, the Council or the Chairman or any
member thereof or any employee or person acting under the directions
of the State Government or the Council, for anything done or intended
to have been done in good faith in pursuance of the provisions of this
Act or the rules, regulations, orders or directions made or issued
thereunder.
Power to call
for
information
23. The Council may require any University or college to
submit such information, document or record relating to the matte rs
referred to in sec tion 11 as it thinks fit and such University or the
college shall be bound to furnish to the Council the required
information, document or record.
Power to
inspect
records,
registers etc
24. The Member -Secretary or any other p erson au thorised by
the Council shall have access to every record, register or document in
possession of the University or college and may inspect and take copies
of relevant records or documents relating to the mat ters referred to in
section 11.
Power to make
rules
25. The State Government may make rules for carrying out the
purposes of this Act.
Power to make
regulations
26. The Council may, subject to any rules made by the State
Government and with the previous approval of the Sta te Government,
make regulations—
(a) laying down the procedure to be followed at its meetings and
the number of members required to form the quorum,
(b) providing for all matters which by this Act are to be provided
for by regulations, and
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(c) providing for any other matter solely concerning the Council
and not provided for by this Act or the rules made thereunder.
Power to
remove
Difficulties
27. (1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may if occasion repairs, by a notified
order not inconsistent with the provisions of this Act direct that this
Act shall have effect subject to such adaptations whether by way of
modification, addition of omission, as it may deem to be necessary and
expedient ;
Provided that no such order shall be made after the expiration
of two years from date of the commencement of this Act.
(2) The provisions, made by any order under sub-section (1)
shall have effect as if enacted in this Act and any such order may be
made so as to be retrospective to any date not earlier than the date of
commencement of this Act.
(3) Every ord er made under sub -section (1) shall be laid, as
soon as may be before both the Houses of the State Legislature and the
provisions of sub -section (1) of section 23 -A of the Uttar Pradesh
General Clauses Act, 1904 shall apply as they apply in respect of the
rules made by the State Government under any Uttar Pradesh Act.
Repeal and
savings
28. (1) The Uttar Pradesh State Council of Higher Education
Ordinance, 1995 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken the Ordin ance referred to in subsection (1) shall be deemed to
have been done or taken under this Act as if the provisions of this Act
were in force at all material times.
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