Jharkhand State Higher Education Council Act, 2016
No: 17 Dated: May, 25 2016
Jharkhand State Higher Education Council Act, 2016
(Act No. 17 of 2016)
An Act to make suitable provisions for enforcing & planning, monitoring and evaluation, quality assurance, advisory and funding functions in Universities and other Technical Higher Educational institutions of the state.
Whereas it is expedient to establish a State Higher Education Council as a collective of Government, Universities, Academics and Experts in order to forge a synergetic relationship among them by occupying an operational space in between the Government and Universities and between Universities and apex level regulatory bodies with the object of (i) promoting academic excellence and social justice by the Government in policy formulation and perspective planning, (ii) ensuring the autonomy, accountability and coordination among all institutions of higher education in the state, and (iii) guiding the harmonious growth of higher education in accordance with the socio-economic requirement of the state.
Be it enacted by the legislature of the State of Jharkhand in the Sixty Seventh Year of Republic of India as follows.
1. Short title, extent, and commencement. - (i) This Act may be called the Jharkhand State Higher Education Council Act, 2016.
(ii) It shall extend to the whole of the State of Jharkhand.
(iii) It shall come into force on such date the State Government may, by notification in the official Gazette, appoint.
2. Definitions. - In this Act unless the context otherwise required:-
(i) "Council" means the Jharkhand State Higher Education Council established by State Legislature.
(ii) "Higher Education" means education, whether professional, technical, or otherwise leading to the obtaining of any degree or diploma from the University.
(iii) "State Universities" means the Universities run, managed and controlled by the State Government.
(iv) "Private Universities" means University in the state established according to the "Model Guidelines for the establishment and incorporation of Private Universities in the State of Jharkhand".
(v) "Technical University" means University established with the objectives for value creation and welfare in society through technical education and training, research, innovation, public and private sector consultancy, entrepreneurship, continuing education programmes,' autonomous Colleges/Institution and affiliating constituent and private Colleges/Institutions.
(vi) "Affiliated Institutions" means the institutions which are run and controlled by their own Governing Bodies.
(vii) "Institution" means an institution with offers various kinds of courses or training programme.
(viii) "Member" means a member of the State Higher Education Council and includes the Chairman and Vice-Chairman.
(ix) "Chairman" means the Chairman of the Council appointed as per State Higher Education Council Act.
(x) "Vice-Chairman" means the Vice-Chairman of the Council appointed as per State Higher Education Council Act.
(xi) "Executive Director" means Member Secretary of the Council appointed under the provisions laid down by State Higher Education Council Act.
(xii) "Government" means the Government of Jharkhand.
(xiii) "Apex Regulatory Institutions" means the regulatory Institutions created by the Act of Parliament for the governance of institutions of a particular nature.
(xiv) "Statutes", "Ordinances", "Regulations" of a university means the Statutes, the Ordinances, and the Regulations issued under the respective Acts of a University.
(xv) "Regulations" of the Council means the regulations made by the State Higher Education Council,
(xvi) "Rules" means the rules made by the State Higher Education Council,
(xvii) "AISHE" means the All India Survey on Higher Education initiated by the Ministry of Human Resource Development, Government of India,
(xviii) "NAAC" means the National Assessment and Accreditation Council, established for rating the "quality status" of a particular higher education institution.
(xix) "MIS" (Management Information System) means management information systems to provide efficiency and effectiveness of strategic decision making.
3. Constitution of the Council. - (i) The Government may by notification, constitute, with effect from such date as may be specified therein, a council to be called the Jharkhand State Higher Education Council.
(ii) The Council shall be a body corporate having perpetual succession and a common seal and shall by that name sue and be sued.
(iii) The Council shall have the power to acquire and hold, both movable and immovable property and subject to the provisions of this Act, and the rules made there under to transfer any property held by it and to contract and to do all other things necessary for the purpose of this Act.
(iv) The headquarter of the council shall be located at Ranchi.
4. Responsibilities and functions of the Council. - (i) The Council shall have the following responsibilities and functions, namely:-
(a) To render advice to the Government, State Universities, Private Universities, and other institutions of higher education in the state:
(b) to coordinate the roles of the Government, State Universities, Private Universities, and Apex Regulatory Agencies in higher education within the state;
(c) to provide common facilities in higher education without impairing upon the autonomy of other institutions of higher education;
(ii) For the furtherance of the above responsibilities and functions, the Council shall specifically undertake the following:-
(a) formulate and evolve State Higher Education plan (SHEP) for the development of higher education, suomoto or on the suggestion from Government or request from State Universities or other Institutions;
(b) provide support to State Institutions and affiliated institutions for formulation production of their plans and implementing them;
(c) monitor the implementation of State Higher Education Plan;
(d) compile and maintain periodic statistics at state and institutional level and assist in All India Survey on Higher Education (AISHE);
(e) create and maintain Management Information system; (MIS);
(f) evaluate Institutions on the basis of norms developed by national level higher education agencies;
(g) suggest improvements in curriculum and syllabus accordance with the changing societies and academic requirements and maintain quality of curriculum;
(h) to ensure quality of examinations and suggest reforms in examination;
(i) undertake necessary steps for establishing inter -linkage between research and learning process;
(j) protect the autonomy of state institutions and review periodically the statutes, ordinances and regulations of the Universities in the state and suggest appropriate improvement for the realization of the objects of social justice and academic excellence in education, and advise the universities or other institute of higher education on statute, ordinance or regulation formulation;
(k) provide approval to setting up new institutions of higher education;
(l) suggest accreditation reforms measures in consultation with National Assessment and Accreditation Council (NAAC);
(m) advise state government on strategic investments in higher education;
(n) State and institutions within and outside the country;
(o) make proposals for the generation and utilization of funds with the objective of this Act;
(p) evolve general guidelines for the release of grants by the Government or any agency authorized by the government and disburse funds to the universities and colleges on the basis of State Higher Education Plan (SHEP);
(q) evolve methodology for timely transfer of the funds earmarked for the State Universities and other institution of higher education;
(r) hold discussions, conduct workshops, seminars with the objective of facilitating the widest possible consultancies with experts and stakeholders for formulating the polices and on higher education and facilitating them proper implementation;
(s) provide a forum for the interaction among the academy, industries, agriculture and science sectors,
(t) co-ordinate various programmes being promoted and undertaken by Central and State Government and national level apex regulatory bodies in the territory of India.
5. Composition of the council. - The Council shall consist of the following members, namely:
(i) The Chairman
(ii) The Vice Chairman
(iii) Executive Director (Member Secretary)
(iv) The Principal Secretary, Department of Higher & Technical Education;
(v) Five members to be nominated by the Chancellor who are persons of scholarly pursuit, one each belonging from the field of art& culture, science& technology, civil society, industry, and vocational field.
(vi) Five members to be nominated by the Government who are persons of scholarly pursuit, one each belonging from the field of art& culture, science& technology, civil society, industry, vocational field.
(vii) Three Vice-Chancellors of the state universities to be nominated by the Chancellor in rotation of three years.
(viii) One Vice Chancellor of Private University established in the State.
(ix) One Vice Chancellor of Technical University established in the State.
(x) Two Principals of Autonomous Colleges to be nominated by the Chancellor in rotation of two years.
(xi) Three members co-opted by the Council who are persons of scholarly pursuit.
(xii) One nominee of the Government of India to be nominated by the Ministry of Human Resource Development.