The Nagaland State Council of Higher Education Act, 2014

The Nagaland State Council of Higher Education Act, 2014 (Act No. 6 of 2014)

Received the assent of the Governor of Nagaland on 254.2014 and published

in the Nagaland Gazette extra-Ordinary dated 23.5.14. An -Act-

(An Act to provide for the setting up of the Nagaland State Council of Higher

Education) PREAMBLE.

WHEREAS, itis expedient to establish a State Higher Education Council asa collective of the Government, Universities, Colleges, Academics and Experts in order to forge a synergic relationship among them by occupying an operational space in between the Government, Universities and colleges, and between Universities and apex level regulatory bodies. With the following objectives:

i) Promote academic excellence and social justice by the Government in policy

formulation and perspective planning.

ii) Ensuring the autonomy, accountability and co-ordination among all institutions of Higher Education in the State, and

ii) Guiding the harmonious growth of Higher Education in accordance with the socio-economic needs of the State.

And WHEREAS, in order to achieve the above said objectives, it is necessary to

empower the Nagaland State Council of Higher Education to:

iv) Reviewand coordinate the implementation of policies in all Higher Education

Institutions in the State including Universities, Research Institutions and colleges.

v) Network various programmes in Higher Education undertaken and promoted by the Central and State Governments and by National Level Regulatory bodies including the University Grants Commission, All India Council for Technical Education, National Council for Teacher Education, Medical Council of India, Bar Council of India and other similar statutory bodies. :

vi) Undertake independent work for the generation, diffusion and dissemination of new ideas in Higher Education.

vil) Provide common facilities for all Universities, Research Institutions, Colleges, and other centres of Higher Education.

viii) Provide for the generation, augmentation and optimum utilization of funds for the expansion and development of Higher Education, and

ix) Undertake such other programmes for promoting the objectives of Social Justice and excellence in Higher Education.

x) Beitenacted by the Nagaland State Legislature in the Sixty fifth year of

the Republic of India as follows:-

i) This Act may be called the Nagaland State Higher Education Council Act, 2014. ii) It shall extend to the whole of the State ofNagaland. ii$ It shall come into force on the date of its Publication in the Official Gazette of the Govt. of Nagaland.

In this Act, unless the context otherwise requires:- 9 "Chairman" means the chairman of the Council. ii) "College" means any college or institution approved by, or &liated to any Universitywithin the State ofNagaland and provides courses of study for admission to the examination of the University and inclusive of autonomous colleges. mi "Council" means the Nagaland State Council of Higher Education, constituted under Section - 3. iv) "Executive Committee" means the Executive Committee of the Council; v) "Member Secretary" means the Member Secretary of the Council; w] "Govemment"means the Government of Nagaland; i "Higher Education"means anEducation, whether professional, Technical or otherwise, and includes research studies leading to the award of a Degree or ~ i ~ l o m a & Certificate by auniversity or an institution approved by the University viiii "Institution" means an Academic Institution of Higher Education and research, not being a college, associated with and admitted to privileges of auniversity or maintained by a University bi) "Medical Council of India7'means the Council constitutedunder the Indian Medical Council Act. 1956 (Central Act 102 of 1956); x) "Member" means a member of the Council or the Executive Committee, as the case may be; xi "Prescribed" means Prescribed by rules made under this Act. ) "Regu1ations"means the regulations made by the Council under this Act; ) "State" means the State ofNagaland; xiV) "Statutes""or~cesces'and"Regulation"ofa~verSitymeansrespectively the statutes, the ordinances and the Regulations issued under the respective Acts of a University. xv) "Teachers" means any regular teacher working ina University, Government colleges or Government aided or unaided college or institution whose appointment has been made or approved by or on behalfof the Government or auniversity. xvi) "University" means any University in the State established by an Act of the State Legislature. xvii) 'Vniversity Grants Commission'' means the Commissionestablishedunder the University Grants ComrnissionAct,1956 (CentralAct 52 of 1987); xviiii "Vice-Chairman" means the Vice Chairmanofthe Council. xk) " AU India Council for Technical Education" means the Council constituted under the All India Council for Technical EducationAct,1987 (Central Act 52 of 1987 ); ) " Bar Council of India" means the Bar Council constituted under the Advocates Act, 1961 (Central Act 25 of 1961); mi "Regular Students" means a regular student of auniversity or a college affiliated to auniversity,

(1) No person shall be qualified for nomination or to continue as a member of the Council, if on the date of such nominatioflenure, helshe is- i) Of unsound mind or deaf, mute; or ii) adjudicated as anun-discharge insolvent; iii) sentenced by acriminal court to imprisonment for any offence involving moral depravity; iv) directly or indirectly by himself or his partner has any share or interest in any work one by order of, or in any contract entered into on behalf of the Council. v) A person who has been terminatedJsuspended from any governmerlt or universitylorganization on account of mis-conduct or negligence or lack of integrity. (2) In case of dispute or doubts as to whether apersonis disqualified under sub-section (1), the decision ofthe Government shall be final. (3) Save as otherwise provided in this Act, no person who is not graduate of any University established by law shall be eligible for nomination as a member of the Council under this Act. (4) Notwithstanding anything contained in this Act but save as otherwise provided, any employee of the University, both teaching and non-teaching or ministerial or any person in the Management of an affiliated college in whatever capacity shall not be eligible for nomination as amember of the councilunder thisAct.

The powers and functions of the Council shall be as Follows, namely:- (A) General Functions. (i) It shall render advice to the Government, Universities and other Institution of Higher Education within the State; (u) It Shall co-ordinate the roles of the Government, Universities and other apex regulatory agencies in Higher Education within the State; (iii) It shall evolve new concepts, programmes and perspective plans for development of Higher Education sou mot0 or on the suggestion by the Government or request h m universities or other Institutionin the State; (ii) It shall monitor the progress of implementation of the Development programmes of Universities and Colleges taken up in the state with the assistance ornational regulatory Agencies; (v) It shall promote co-operation and co-ordination of the educational institutions amongthemseIves and explore the scope for inter-action with industry and other relate agencies; (vi) It shall prepare an annual report making self appraisal and showing details of its performance; (vii) It shall suggest measures forthe academic and monetary accountability, integrity andmpnsibility ofthe Universities, colleges, and other Institutions of Higher Education in the State; and (viii) It shall prepare the annual budget and audited statement of expenditure in such manner as may be prescribed. (B) Academic Functions. (i) It shall suggest measures to ennoble the standard of research projects (Minor & Major) in untapped areas/branch of studies amongst students1 research scholars in the State; (ii) It shall encourage and promote innovations in curricular development, restructuring of courses and updating of syllabus in the University and the colleges; i ) It shall co-ordinate the programmes ofautonomous colleges andmonitors their implementation; (N) It shall devise steps to improve the standard of examinations conducted by Universities and suggest necessary reforms; (v) It shall facilitatetmining of teachers inuniversities and colleges; (C) It shaU promote and monitor publication of qualitytext hooks, monographs and reference books, (vii) It shall develop programmes for greater academic co-operation and interaction between University and college teachers and to facilitate mobiity of students and teachers within and outside the State; (viii) It shall advise on regulation of admission in Universities, colleges and institutions ofHigher Education; [i) It shall encoutage sports, games, physical education and cultural activities in the Universities and colleges; (x) It shall review periodically, the existing guidelines an furnish recommendations for regulating admissions to various courses and for appointments to the post of Teachers and Teacher-administrators in Universities, College and other Institutions of Higher Education.

(1) The Chairman shall have the right to call for report on any matter pertaining to the affairs of the Council and offer suggestions for the improvement of the functioning of the Council. (2) The Chairman shall preside over the meetings of the Council and the Executive Committee.

(1) The Vice-Chairman shall preside over the meetings of the Council or the Executive Committee in the absence of the Chairman. (2) The Vice-Chairman shall exercise such other powers and perform such other functions as may be prescribed. (3) Any member other than an ex-officio member shall be appointed by the Government ordinarily for a term of five years and shall not be eligible for reappointment for a second term.

(i) The Member Secretary shall be responsible for the co-ordination of the functions of the Council. (ii) The Member Secretary shall exercise such powers and perform such functions as may be prescribed.

(1) The term of the council shall be for a period of 5 years: (2) Provided that in the event of delay in the constitution of the new Council, the existing Council may continue for a period of six months from the date of expiry of term or till the reconstitution of new Council whichever is earlier.

(1) 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, but it shall meet at least twice a year. (2) It shall have power to act, not withtanding and vacancy in the membership or any defect in the constitution thereof, and the proceedings of the Council shall be valid not withstanding that some person, who was not entitled to be a member, had attended, or otherwise had taken part in the proceedings of the Council. (3) The meeting of the Council shall be convened by the Member Secretary on the advice of the chairman. (4) The quorum of the meeting of the Council shall be one third of the total members of the council. The decision of the meeting may be taken by simple majority of those present and voting.

(1) If, at any point of time, it appears to the Government that a member appointed or nominated has proved himself to be unfit to hold office or has been guilty of misconduct or neglect which in the opinion of the Government renders his/her removal from the membership of the Council as expedient, the Government may, after giving such member a reasonable opportunity of showing cause as to why he/she shall not be removed from the Council and after examining the same decide whether to continue or remove such member, as the case may be, from his/her membership and in case of such removal from the membership of the Council, it shall be made by notification. (2) The Vice-Chairman or Member Secretary shall not be removed except by an order of the State Government passed on the ground of wilful omission or refusal to carry out the provisions of this Act or Rules or Regulations made there under or for abuse of the powers vested in him/her after consideration of the report of an inquiry ordered by the State Government in this behalf.

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

There shall be an Executive Committee for the Council which Shall consist of the following members namely:- i) The Vice-Chairman of the Council : Member ii) The Member Secretary of the Council : Member Secretary iii) The Director, Higher Education : Member iv) The State Project Director : Member v) Four of the ten academicians of repute Who are the members of the Council nominated by it by rotation for a period of one/two years : Members.

The Executive Committee shall have the following powers and duties, namely:- (i) It shall be competent to take decision on behalf of the Council, subject to the concurrence of the Council on all matters with policy implication; Provided that in urgent circumstances the Executive Committee may take decision subject to ratification by the Council; (ii) It shall incur such expenses as are necessary to fulfil the objectives set out in this notification and carry out all decisions taken by the Council; (iii) It shall present before the Council the annual academic and financial audit reports of the council for its approval; and (iv) It shall such other powers, functions and duties as may be prescribed.

(1) The meetings of the Executive Committee shall be convened by the Member Secretary on the advice of the Chairman; (2) It 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 rules provided that it shall meet at least once in three months. (3) The quorum for the meeting of the Executive Committee shall be at least half of the filled up membership in each body and decisions may be taken in the meetings by simple majority of those present and voting. (4) The Vice-Chairman of the Council may for the purpose of carrying out the objectives of the notification, invite in writing any person who is not a member of the Council to take part in the deliberations of particular meetings of the Executive Committee 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. (5) 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.

On the recommendation of the Council, or suo-moto the Government may direct any university with such modification as may be necessary to implement the reforms in such manner as may be specified therein. Notwithstanding anything contained in any law for the time being in force, it shall be obligatory on the part of the university to implement the directions given by the Government and to report the action taken to the Government and the Council accordingly. The Council shall review from time to time the compliance by the universities, of the direction given by the Government.

(1) The funds of the Council shall include all sums which may, fiom time to time be paid to it by the government and all other receipts including any sum kom the Central Government, the University Grants Commission or any other authority, institutions or persons. (2) The Government may pay to the Council every financial year such sums 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 defiayed fiom out of the Fund and any surplus remaining, after such expenditure has been met, shall be invested in such manner as may be prescribed.

(1) The account of the council shall be maintained in such manner and m such forms 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 auditors as the Government may appoint in this behalf; (4) The Member Secretary to the Councll 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 considerahon 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 remarks of the Council thereon shall be forwarded to the government within such time as may be prescribed; (7) The Government shall as soon as may be after the receipt of the annual accounts together with the audit report cause the same to be laid before the Nagaland Legislative Assembly.

(1) The Council shall prepare for every year a report of its activities under this Act during that year and submit the report to the Government. (2) The Government shall, as soon as may be after the receipt of a report under sub-section (I), cause the same to be laid before the Nagaland Legislative Assembly.

No suit, prosecution or other legal proceedings shall lie against the Council or any member or office or employees 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.

The Council may, with prior approval of the Government recruit officers and staff from open market or bring such officers and staff form the Department of Higher & Technical Education and the Government Institutions, as it deems necessary for the discharge of its functions under this Act. The terms and conditions of service of the officers and staff of the Council shall be such as may be specified in the regulations to be framed by the council.

The Chairman, Vice-Chairman, Members, Officers and Staff of the Council shall be deemed, 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 thls 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 Council may, with prior approval of the Government, make rules not inconsistent with the provisions of this Act and rules made there under for canying out all or any of the purposes of this Act

(1) The Government may be notification make rules either prospectively or retrospectively for canying out all or any of the purposes of this Ad. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Nagaland Legislative Assembly.

If any ditficulty arises in giving effect to the provisions of this Act, the Government may, by order, as occasion may require, do anything not inconsistent with the provisions of this Act which appears to them to be necessary or expedient for the purpose of removing the difficulty.