The uttarakhand state council of higher education act, 1995

THE 1[UTTARAKHAND] STATE COUNCIL OF HIGHER EDUCATION 
ACT, 1995 
[U.P. Act No. 22 of 1995] 
 
[As passed by the Uttar Pradesh Legislature] 
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, 1 986 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 Commission 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 tha t 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 S tate 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 Educat ion as recommended by the said 
Committee; 
AND WHEREAS the State Government has accordingly decided to establish a 
State council or Higher Education as recommended in the Na tional Policy on Education of 
the Government of 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 1[Uttarakhand] 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 Universities and Colleges to which the Uttar 
Pradesh State Universities Act, 1973 applies. 
Definitions 2- In this Act----  
(a) “college” means any institution maintained 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 in section 15; 
(d) ‘higher education’ means education, whether professional, t echnical 
or otherwise, leading to the obtaining of any degree or diploma from any 
University;  
(e) “institution of higher education” means an institution conducting  any 
course of study in higher education, wh ich is approved as such by the S tate 
Government;  
(f) ‘member” means a member of the Council and includes the Chairman 
and the Member-Secretary; 
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1. the word “Uttar Pradesh” wherever they occur, the words shall be read as “Uttarakhand” in this Act, by section 2 of UK Act no 
25 of 2021, 
 
[The Uttar Pradesh State Council of Higher Education Act, 1995]                                           [Section 3-5] 
 
  (g) “regulations” means the regulations made by the council under this 
Act; 
(h) “University Gra nts Commission” means the University Grants 
Commission established under section 4 of the University Grants Commission 
Act, 1956; 
1{(h h) “Prescribed” means prescribed by the Rules made under this Act;} 
(i) A ward or expression defined in the Uttar Pradesh Sta te Universities 
Act, 1973 used but not defined herein, shall have the same meanings as is 
assigned to it in that Act. 
 
Establishment 
of council of  
Higher 
education 
2[3- (1) A council shall be established in the name of the Uttarakhand State 
Council of Higher Education. 
(2) The council shall be an advisory body.] 
 
Constitution of  
council 
3[4- The following shall be the members in the Council, namely:--  
(a) Minister of Higher Education/ Minister of State (independent 
charge) Government of Uttarakhand 
Chairperson - 
Ex. Officio 
(b) Chief Secretary, Government of Uttarakhand Vice 
Chairperson -  
Ex. Officio 
(c) Additional Chief Secretary/ Principal Secretary/Secretary, 
Higher Education, Government of Uttarakhand 
Member –
Secretary – 
Ex. Officio 
(d) Chairman, University Grant Commission (U.G.C) or person 
nominated by him 
Member 
(e) Secretary, Ministry of Human Resourse Development, 
Government of India or member nominated by him 
Member 
(f) Secretaries of the following Department in the State 
Government- 
 
(i) Secretary to the Governor, Uttarakhand Member 
(ii) Secretary, Skill Development and Employment Member 
(iii) Secretary, Agriculture Education Member 
(iv) Secretary, Medical Education Member 
(v) Secretary,  Technical Education Member 
 
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1- Ins. by section 3 of UK Act no .25 of 2021. 
2- Subs. by section 4 of UK Act no. 25 of 2021. 
3- Subs. by section 5 of UK Act no.25 of 2021. 
 
 
   
(vi) Secretary,  Ayush Education Member 
(vii) Secretary, Sanskrit Education Member 
(viii
) 
Secretary,  Law Department Member 
(ix) Secretary, Finance Department Member 
(g) Not exceeding five persons nominated by the State 
Government from amongst the Vice Chancellors of the 
University established in the State of Uttarakhand 
Members 
3 from 
Government and 
2 from Private 
Universities  
(h) Director, Higher Education. Member  
(i) Three Eminent Educationists nominated by the State 
Government. 
Members 
(j) Two Eminent Industrialists nominated by the State 
Government 
Members  
(k) Not exceeding two persons nominated by the State 
Government from amongst the principals of the Post 
Graduate Colleges established in the State of Uttarakhand.  
Members 
1 from 
Government and 
1 from Private 
College 
 
Explanation: The post of the Chairperson i s Ex. Officio which is not a office of 
profit. Any kind of honorarium, facilities etc. shall not be permissible to 
President/Chairperson. 
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 n ot 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 elapse d 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]                                           [Section 5-11] 
Terms and  
conditions of  
service of  
President/Cha
irperson and  
nominated 
members 
1[7
- 
(1) The nominated member shall work during the pleasure of the Govern or or till 
the attainment of age of 65 years, whichever is earlier. Provided that if a person 
has attained the age of 65 years, he shall not be eligible for appointment or re -
appointment as a Chairman of the Council.  
(2) Any nominated member or co -opted member, as the case may be, may resign 
from the post by the letter duly signed, addressed to the State Government or 
the Council, but he/she shall remain in the post till the resignation is accepted 
by the State Government or by the Council, as the case may be. 
(3) Subject to the provision of this section terms and conditions of the service of 
the nominated members shall be such as prescribed. 
(4) The President/Chairperson shall exercise such powers and perform such duties 
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 such other powers and functions 
as may be prescribed.  
 
 
Removal from 
membership of 
Council 
9- If, any ti me, it appears to the State Government that the Chairman or a 
nominated member or the do-opted member has shown himself to be unsuitable for 
office or has been guilty of mis -conduct 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 o f 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 C ouncil 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 sub -section (1), the functions of the Council 
shall include---  
I-  Planning and co-ordination:  
 
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1- Subs. by section 6 of UK Act no 25 of 2021. 
 
 
 
 
 
 
 
 
 
 
[The Uttar Pradesh State Council of Higher Education Act, 1995]                                             [Section 11] 
 
  (a) to prepare consolidated prog rammes in the sphere of higher 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 
Commission 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 perspective plans for development of higher education in the 
State; 
(d) to submit to the State Government, if so required by it, the development 
progarmmes of Universities and colleges, along with its comments and 
recommendation;  
(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 formulated norms and principles for starting new colleges and 
additional subjects and departments in the existing 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 autonomous 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 develop 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; 
 
 
 
 
 
 
 
 
 
[The Uttar Pradesh State Council of Higher Education Act, 1995]                                             [Section 11] 
 
  (f) to advise on regulating the admissions in the Universities and colleges;  
(g) go encourage sports, games, physical education, cultural activities and 
other extra-curricular activities in the Universities and colleges; 
(h) to encourage extension activities and to promote interaction between 
Universities and industries through effecti ve consultancy in special areas 
relevant to the Universities and regional planning and development; 
(i) to prepare 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 Universities 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 co -ordinance the 
research activities among Universities;  
(m) to instituted 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 h igher 
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 rel ating to the Universities, the S tatutes, 
Ordinances a nd Regulations of Universities in the State and to suggest 
modifications wherever required to maintain uniformity in the administration 
without prejudice to the autonomy for the academic pursuits;   
(c) to identify and to administer innovative progarmmes for s ustainable 
growth through self generating funds from services such as consultancy to 
industries, institutions and national and international organisations;  
(d) to advice the State Government or any University, college or institution 
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. 
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 S tudent Welfare Fund, National 
Scholarships, other scholarships, Travel Grant, Publication Grant and such other 
grants as may be sp ecified 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;  
 
[The Uttar Pradesh State Council of Higher Education Act, 1995]                                      [Section 12-16] 
 
  (d) to advise the State Government on steps to make institutions self -
sufficient and viable.  
1[V- Other Functions:  
           To advise the State Government regarding Rashtriya U chchatar Shiksha 
Abhiyan (RUSA) sponsored by Ministry of Human Resource Development 
Government of India and various schemes regarding higher education as operated 
by State Government.] 
Meetings of  
Council 
12- The Council shall meet, as often as may be ne cessary, 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 ma y 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 suc h 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 the 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 b y way of grants, gifts, 
donations, benefactions, bequests of transfers;  
(e) All moneys received by the C ouncil in any other manner or from any 
other source.  
(2) All moneys credited to the Fund shall be deposited in such banks or 
invested in such manner as the Co uncil 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 aud ited 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 the purposes of 
audit, have such rights, privileges and authority as may be prescribed. 
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1- Subs. by section 7 of UK Act no. 25 of 2021. 
 
 
 
[The Uttar Pradesh State Council of Higher Education Act, 1995]                                        [Section 17-22] 
  
  (4) The M ember-Secretary to the C ouncil shall cause the audit report to be 
printed and shall forwards 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 defe ct 
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 remarks of the C ouncil 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 such time as may 
be specified therein, the defects, if any, disclosed in the audit report, a nd the 
council shall comply with such direction. 
 
Annual Report 17- The Council shall, as soon s 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 giv ing 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 the C ouncil in the next financial year and the State 
Government shall cause every such repor t to be laid before both the Houses of the 
State Legislature as soon as ma y be after its receipt. A copy of the annual report 
shall also be forwarded to the University Grants Commission. 
 
Power to issue  
directions 
18- The Sta te Government may issue to th e C ouncil such direction s 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.  
 
Authentication 
of orders and 
other 
instruments of  
the Council 
 
19- All orders, de cisions 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, not withstanding any V acancy in the 
membership, or any defect in the constitution thereof, and the proceedings of the 
Council shall be valid notwithst anding that some person, who was not entitled to 
be a member had  sat, voted or otherwise taken part in the proceedings of the 
Council. 
Members and 
employees of 
Council to be 
public servants 
21- The Chairman, every member, the M ember-Secretary and every emp loyees of 
the Council, when acting or purporting to act in purs uance of the provisions of this 
Act or the rules or regulations or orders or directions made or issued thereunder 
shall be deemed to be a public servant within the meaning of section 2 1 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, order or directions made or issued 
thereunder.  
 
 
[The Uttar Pradesh State Council of Higher Education Act, 1995]                                      [Section 23-28] 
 
Power to call  
for 
information 
23- The Council may require any University or college to submit such information, 
document or record relating to the matters referred to in section 11 as it thinks fit 
and such University or the colleg e shall be bounded to furnish to the C ouncil the 
required information, document or record. 
 
Power to  
inspect 
records, 
registers etc. 
24- The Member -Secretary or any other person authorised by the council shall 
have access to every records, register or do cument in possession of the University 
or college and may inspect and take copies of relevant records or documents 
relating to the matters referred to in section 11. 
 
Power to make 
rules 
25- The State Government may make rules for carrying out the purpose s 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 State Government, make regulations— 
(a) laying  down the procedure to be followed at its meetings and the nu mber 
of members required to form the quorum; 
(b) providing for all matters which by this Act are to be provided for by 
regulations, and 
(c) providing for any othe r matter solely concerning the C ouncil 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 requires, by a notified  order not inconsistent 
with the provisions of this Act direct that this Act shall hav e effect subject to such 
adaptations whether by way of modification, addition or 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 the 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 order 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  
 
 
U.P. 
Ordinance no. 
26 of 1995 
28- (1) The Uttar Pradesh State Council of Higher Education Ordinance, 1995 is 
hereby repealed.  
(2) Notwithstanding such repeal, anything done of any action taken  the 
Ordinance referred to in sub -section (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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