The Mizoram State Higher Education Council Act, 2017

(1) This act may be called The Mizoram State Higher Education Council Act, 2017. (2) It extends to the whole state of Mizoram. (3) It shall come into force on such date as the State Government may, by publication in the Official Gazette, appoint.

In this Act, unless there is anything repugnant in subject or context :- (1) “All India Council for Technical Education” means the Council constituted under the All India Council for Technical Education Act, 1987 (Central Act 52 of 1987); (2) “Bar Council of India” means the Bar Council constituted under the Advocate Act, 1961 (Central Act 25 of 1961); (3) “Chairman” means the Chairman of the Council; (4) “College” means any Higher Education Institution affiliated to a University; (5) “Council” means The Mizoram State Higher Education Council; (6) “Government” means the Government of Mizoram; (7) “Higher Education” means the education and research studies leading to the award of a degree or diploma or certificate by a University or an Institution approved by a University; (8) “Institution” means an academic institution of higher education and research, not being a college, associated with and admitted to the privileges of a University or maintained by a University; (9) “Medical Council of India” means the Council constituted under the India Medical Council Act, 1956 (Central Act 102 of 1956) (10) “Member” means a member of the Advisory Council or the Executive Council, as the case may be; (11) “Member Secretary” means the Member Secretary of the Council; (12) “National Council for Teacher Education” means the council constituted under the National Council for Teacher Education Act, 1993 (Central Act 73 of 1993); (13) “Notification” means the notification published in the Official Gazette; (14) “Prescribed” means prescribed by rules made under this Act; (15) “Student” means an enrolled student in a Higher Education Institute affiliated to a University. (16) “Regulation” means the regulations made by the Council under this Act; (17) “State” means the State of Mizoram; (18) “Statutes”, “Ordinances” and “Regulations” of a University means respectively, the Statutes, the Ordinances and the Regulations issued under the respective Acts of a University; (19) “Teacher” means any teacher working in University, Government College or Government Aided College, or an Institution engaged by the College or by University. (20) “University” means any University established by an Act of Parliament or by an Act of State Legislature, or any other University in the State recognised by the University Grants Commission. (21) “University Grants Commission” means the Commission established under the University Grants Commission Act, 1956 (Central Act 3 of 1956); (22) “Vice Chairman” means the Vice Chairman of the Advisory Council or Vice Chairman of the Executive Council, as the case may be. (23) “Secretary” means the Secretary or Commissioner Secretary to the Government of Mizoram.

(1) The Council shall comprise of the following bodies, namely:- (a) The Advisory Council; (b) The Executive Council; (2) The Advisory Council: The Advisory Council shall consist of the following members, namely:- (i) The Chief Minister of the State — Chairman (ii) The Minister, Higher & Technical Education — Vice-Chairman (iii) The Member Secretary — Member Secretary, SHEC (iv) The M.P. Lok Sabha — Member (v) The M.P. Rajya Sabha — Member (vi) Three MLAs, one of whom is the Leader of Opposition or Leader of Group — Member (vii) The Vice-Chairman, State Planning Board — Member (viii) The Vice Chancellors of the State and Central University — Member (ix) The Chief Secretary — Member (x) The Commissioner & Secretary , Higher & Technical Education — Member (xi) The Secretary, Finance Department — Member (xii) The Secretary, Planning & Implementation Department — Member (xiii) The Secretary to Government, Law Department — Member (xiv) The Principal Secretary, Health & Family Welfare — Member (xv) The Vice Chairman, Executive Council — Member (xvi) The Secretary to Government, School Education — Member (xvii) The Secretary to Government, Social Welfare — Member (xviii) The Secretary to Government, Horticulture Department — Member (xix) The Chairman, MBSE — Member (xx) The Director of Higher & Technical Education — Member (3) Powers and Functions of the Advisory Council: The Advisory Council shall meet at least once in a year and shall deliberate on the general policies in higher education with particular reference to the functioning of the Council. (4) The Executive Council: The Executive Council shall consist of the Chairman, Vice Chairman, Member Secretary and such number of members not exceeding twenty five. The composition shall be as follows: Sl.No. Designation (i) Chairman - Minister, Higher & Technical Education by virtue of his office. (ii) Vice-Chairman - An eminent Academician with proven leadership qualities (preferably rank of Professor in case the Chairman is a non-academic person (iii) Member Secretary- An eminent Academician, preferably rank of Professor (iv) Member - Secretary, Higher & Technical Education Department. (v) Member - Director, Higher & Technical Education (vi) Member - State Project Director(RUSA) (vii) Member - Vice Chancellor of State/Central University (viii) Member - Two Principals of affiliated Government Colleges (ix) Member - Representative from Civil Society (CYMA) (x) Member - Representative from Women Organisation (xi) Member - Representative from Science & Technology (MSA) (xii) Member - Two representative from College Faculty Association (MCTA) (xiii) Member - One nominee of the Government of India, MHRD (xiv) Member - Two Academician's from outside the State.

Chairman of Executive Council: (1) Chairman, unless it is the Minister in charge of Higher Education will be selected by a Committee consisting of State Chief Minister, Speaker of the Legislative Assembly, and Leader of the Opposition on the basis of recommendation of shortlisted candidates made by the Search cum Selection Committee. (2) The Search-cum-Selection Committee will be three Members of eminent academic/public intellectual with proven record and integrity. The Mizoram State Higher Education Council will nominate two members while the State Government will nominate one and the State nominee will be the chair. (3) The Chairman shall hold office for a term of five years. He shall be eligible for re-appointment or re-nomination or re-election for a further term of five years, as the case may be.

The Vice Chairman of the Executive Council shall be appointed by the Government from the panel of names suggested by the Search Committee from among scholars of eminence and standing in the field of academics and research, possessing leadership abilities understanding the issues of higher education policies and practices. The Search Committee will consist of Chairman of the Executive Council (as the Chair) and two other members, one nominated by the Council and one by the Government.

The Member Secretary of the Executive Council be appointed by the Government from the panel of names suggested by a Search Committee from among Scholars standing in the field of academics and research with proven leadership abilities. The Search Committee will consist of Chairman of the Executive Council (as the Chair) and two other members, one nominated by the Council and one by the Government.

The Vice Chairman and the Member- Secretary, nominated under section 5 & 6, unless removed from the office in accordance with the provisions of this Act, shall hold office for the entire term of five years which they are appointed or nominated or elected as the case may be : Provided that they shall continue to hold office of Vice-Chairman, Member-Secretary and Members respectively for a further period of six months or till further appointment or nomination or election is made to the respective offices, whichever is earlier. Provided that the Vice-Chairman, Member-Secretary, and the Members shall be eligible for re- appointment or re-nomination or re-election for a further term of five years, as the case may be.

(1) Members of the Council shall be appointed by the Government from the selection made by the same Search Committee who selects the Vice-Chairman and Member- Secretary of the Council. (2) At any point of time, at least seven members of the Council should be from the State and two members must be individuals of national eminence (outside the State) and total numbers or member should not exceed twenty five. (3) Each member shall ordinarily be appointed for a period of five years, and any Council Member representing a particular body, shall cease to be a member as soon as the said representation in the body has ceased; Provided that in the absence of suitable person(s) for membership, the existing member(s) shall be eligible for re-appointment or re-nomination or re-election under section (8)(3) of this Act.

(1) The Chairman, Vice Chairman or a Member, shall not 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 be ordered by the Government, in which case the Chairman or Vice Chairman or the Member shall have an opportunity of making his representation against such removal. Termination or removal from Council, if any, shall be made by notification; Provided that, the Chairman may be removed from office before the expiry of his term through a vote of no confidence. His removal will be through a vote of no confidence expressed by at least two-third members presents and voting. (2) The Chairman, if appointed by virtue of his Office, shall tender resignation to the Government in the event of termination of Office or change of portfolio; Provided that he shall continue to hold such office until his resignation is accepted and communicated in writing. (3) The Vice Chairman, Member Secretary, or a Member may, in writing under his signature, addressed to the Chairman, resign his membership from the Council; Provided that he shall continue to hold such office until his resignation is accepted and communicated in writing.

If a casual vacancy arises in the office of a nominated or appointed Member, either by reason of his death, resignation, removal or otherwise, such vacancy shall be filled up by the Government by nomination or appointment and such member shall hold office only for the remaining term of the Member in whose place he was nominated or appointed, as the case may be.

(1) The Vice-Chairman of the Council may for the purpose of carrying out the objectives of this Act, invite in writing any person who is not a member of the Council to take part in the deliberations of particular meetings of the Advisory Council and Executive Council and any other Body constituted by the Council for specific purposes as special invitees and such invitees shall have no right to vote in the meetings. (2) The special invitees shall be paid from and out of the funds of the Council such sums as may be approved by the Vice-Chairman.

(1) the meetings of the Council shall be convened by the Member-Secretary on the advice of the Chairman/Vice-Chairman. (2) the quorum for the meetings of the Advisory Council and the Executive Council shall be one third of filled up membership in each body and decisions may be taken in the meetings by simple majority of those present and voting.

(1) The Council must have its own Secretariat and administrative Staff. The Staff will not be permanent to the Council but brought on deputation from other institutions and State Government (for a period of three years extendable for another term). (2) The offices of the Chairman (unless it is the Minister of Higher & Technical Education), the Vice Chairman and the Member Secretary shall be salaried and subject thereto, the terms and condition as may be prescribed.

(1) The Executive Council shall have the following general responsibilities and functions, namely:- (a) It shall be responsible for planned and coordinated development of higher education in the State and also to foster sharing of resources between universities, benefit from synergy across institutions, lead academic and governance reforms at the institution level, establish principles for funding institutions, maintain a databank on higher education and conduct research and evaluation studies: (b) To render advice to the Government, Universities and other educational and research institutions on the matter higher education in the State; (c) To co-ordinate the roles of the Government, Universities and apex regulatory agencies in higher education within the State; (d) To evolve new concepts and programmes in higher education; (2) For the furtherance of the above responsibilities and functions, the Council shall specifically undertake the following, namely:- (a) provide academic input to the Government and to the Universities, research institutions and other centers of higher education in the State for the formulation and implementation of the policies on higher education and evolve a perspective plan for the development of higher education, suo moto or on the suggestion from Government or request from Universities or other institutions; (b) undertake independent research for the generation of new ideas for the promotion of social justice and academic excellence in higher education, hold awareness programmes for the academia and initiate or propose or pilot projects on an experimental basis in selected higher education institutions for implementation of the new ideas; (d) evolve guidelines for linkages of an academic nature among higher education institutions in the State and institutions within and outside the country; (e) evolve programmes in order to promote the relevance of higher education for the economic, social and cultural development of the State; (f) review existing guidelines and furnish recommendation for regulating admissions to various courses and for appointments to the posts of teachers and teacher-administrators in Universities, colleges and other institutions of higher education; (g) suggest improvements in curriculum and syllabi in accordance with the changing societal and academic requirements and facilitate the development and publication of appropriate teaching material, including text books, educational software and elearning facilities in order to improve the quality of education; (h) facilitate short term courses to train and update the knowledge and skills of higher education teaching personnel, education administrators and other similarly situated; (i) advise the Government on the starting of new courses, colleges, and other higher education institutions in the State; (j) make proposals for the generation and utilization of funds in accordance with the objectives of this Act; (k) evolve general guidelines for the release of grants by the Government to Universities and other institutions of higher education and advice the Government about the release of such grants to Universities and other institutions of higher education; (l) evolve schemes for providing equitable opportunities for higher education and scholarships and free-ships and financial assistance to the needy student and co-ordinate implementation of Scheduled Caste and Scheduled Tribes and Other Eligible Backward Classes welfare programmes of the Central and the State Government and other Central and State Level funding Agencies; (m) review periodically the Statutes, Ordinances and Regulations of the Universities in the State and suggest appropriate improvements for the realization of the objectives of social justice and academic excellence in education and suggest the framework for new Statutes, Ordinances, or Regulations for existing Universities or other institutions of higher education or new Universities or other institutions of higher education; (n) provide common facilities for the entire State by establishing centers, namely:- (i) Centre for Research on Policies in Higher Education; (ii) Curriculum Development Centre; (iii) Centre for Capacity Building in respect of faculty and educational administrators; (iv) State Council for Assessment of Higher Education Institutions; (v) Examination Reforms Cell; (vi) Center for Human Resource Development; (o) organize consultation, workshops and seminars with experts and stakeholders, including organizations of students and teachers to formulate policies on higher education for proper implementation; (p) facilitate the development of a synergic relationship among different agencies such as the State Government, Universities, colleges and other regulatory bodies at the national level; (q) promote various programmes being promoted and undertaken by Central and State Governments and national level bodies like University Grants Commission, All India Council for Technical Education, National Council for Teachers Education, Medical Council of India, Bar Council of India and other similar statutory bodies and state level institutions of higher education in the territory of India; (r) provide forum for the interaction among the academy, industries, agriculture and service sectors; (t) undertake necessary steps for establishing inter-linkages between research and learning processes; (u) promote extension activities in colleges, institutions and Universities and encourage their integration into the curriculum so that the students and teachers become sensitive to social issues; (v) promote sports and cultural activities in the colleges, other institutions and Universities and integrate them with the cocurricular activities; (x) suggest steps for promoting democratization and academic autonomy of Universities and other institutions of higher education; (y) evolve schemes to sensitize the students to environmental and gender issues.

(1) The funds of the Council shall include all sums which may, from time to time, be paid to it by the Central or State Government or other agencies, and all other receipts including grants, loan or assistance in any form, together with income, if any, generated by the Council. (2) The Government may pay to the Council every financial year such sum as may be considered necessary for the functioning of the Council and for the discharge of its responsibilities and duties. (3) All expenditure incurred by the Council under or for the purposes of this Act shall be defrayed from out of the fund and any surplus remaining, after such expenditure has been met shall be invested in such manner as may be prescribed.

The accounts of the Council shall be maintained in such manner and in such form as may be prescribed. (2) The Council shall prepare an annual statement of accounts in such form and in such manner as may be prescribed. (3) The accounts of the Council shall be audited once in a year by such auditor as the Government may appoint in this behalf. (4) The auditor appointed under sub-section (3) shall, for the purposes of audit, have such rights, privileges and authority as may be prescribed. (5) The Member-Secretary to the Council shall cause the annual audit report to be printed and forward a printed copy thereof to each member and shall place such report before the Council for consideration at its next meeting. (6) The Council shall take appropriate action forthwith to remedy any defect or irregularity that may be pointed out in the audit report. (7) The accounts as certified by the auditor(s) together with the audit report(s) along with the remarks of the Council thereon shall be forwarded to the Government within such time as may be prescribed. (8) The Government shall, as soon as may be after the receipt of the annual accounts together with the audit report under sub-section (7) cause the same to be laid before the Legislative Assembly.

The Council shall prepare an annual report and submit the same to the Government. (2) The Government shall, on receipt of the report under sub-section (1), cause the same to be laid before the Legislative Assembly.

The Chairman, Vice Chairman, Members, Officers and Staff of the Council, when acting or purporting to act in pursuance of any of the provisions of this Act or any rule or regulation or order or direction made or issued under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

The Council may with the prior approval of the Government frame regulations in accordance with this Act and Rules made there under for carrying out all or any of the provisions of this Act.

The Government may by notification in the Official Gazette make rules for carrying out all or any of the provision of this Act. Every rule made under this Act shall be laid, as soon as may be after it is made before the Mizoram Legislative Assembly where it is in session for a total period of fourteen days which may be comprised in one or two successive sessions.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Governor may, by order, published in the Official Gazette, do anything not inconsistent with the provisions of this Act which appears to him to be necessary or expedient for the purpose of removing the difficulty; Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act. (2) Every order issued under sub-section (1) shall, as soon as may be after it is made be laid before the Legislative Assembly.

No suit, prosecution or other legal proceeding shall lie against the Council or any member or officer or employee of the Council for anything which is done or intended to be done in good faith in pursuance of the provisions of this Act or any rules or regulations made there under.

(1) The Mizoram State Higher Education Council Notification, 2014 (an Executive Order) is hereby repealed. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the said Notification, shall be deemed to have been done or taken under this Act.