The ASSAM STATE HIGHER EDUCATION COUNCIL ACT, 2017 (SINGLE DOCUMENT)
# ASSAM ACT NO. XXI OF 2017

 (Received the assent of the Governor on 6th April, 2017)


# THE ASSAM STATE HIGHER EDUCATION COUNCIL ACT, 2017


**Preamble.**


# AN ACT

to provide for the establishment of a State Higher Education Council to
regulate, supervise and develop higher education in the State of Assam.

Whereas it is expedient to establish a State Higher Education Council
for the State of Assam as a collective of the Government, Universities,
Academies, Experts and People's Representatives in order to derive a
synergic relationship among them by occupying an operational space in
between the Government and Universities and between Universities and
apex level regulatory bodies in the State of Assam.

It is hereby enacted in the Sixty-eight Year of the Republic of India as
follows:

**Short title,** 1. (1) This Act may be called the Assam State Higher Education Council
**extent and** Act, 2017.
**commencement.**

(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint.

**Definitions.** 2.    In this Act, unless there is anything repugnant to the subject context,
(a) "Council" means the Assam State Higher Education Council

established under section 3 of this Act;


(b) "Government" means the State Government of Assam;

(c) "General Council" means the plenary body of the council headed by

the Chief Minister of State of Assam under section 8;


(d) "Executive Council" means the body under the Chairmanship of

Chief Secretary, Assam under section 20;

(e) "Director" means the Director of the Council appointed by the

Government of Assam;


(f) "Officer and staff" means all whole time and part time functionaries

of the Council engaged in any manner or taken on deputation and
would include consultants, fellows and research staff;

(g) "Graduation" shall mean the courses of three years General Degree

courses and four years Technical Degree courses;

(h) "Post Graduate" shall mean the courses of Master Degree;


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technical or otherwise leading to the obtaining of any degree or
diploma from the University;

(j) "Provincialised Colleges" means those Colleges for which the

Government has taken liabilities for payment of salaries including
dearness allowances, medical allowances and such other allowances
admissible to the Government employees of similar category and
gratuity, pension, leave encashment etc. as admissible under the
existing rules, to the employees of the State Government serving
under the Government of Assam;

(k) "Principal" means the head of the teaching as well as non-teaching

staff of a college;

(l) "regulations' means the regulations framed by the Council under this

Act ;


(m) "rules" means rules made by State Government under this Act;


(n) "Notification" means a notification published in the Official Gazette;


(o) "prescribed" means prescribed by the rules made under this Act;


(p) "State" means the State of Assam.


**Constitution of**
**the Council.**

**Responsibilities**
**of the Council.**


3.   (1) The Government may be notification, constitute with effect from
such date as may be specified therein, a council to be called the
**Assam State Higher Education Council.**

(2) The Council shall be a body corporate having perpetual succession
and a common seal and shall by that name sue and be sued.

(3) The Council shall have the power to acquire and hold both movable
and immovable property and subject to the provisions of the Act and
the rules made thereunder to transfer any property held by it and to
contract and to do all other things necessary for the purpose of this
Act.

(4) The headquarter of the Council shall be located at Guwahati.

4.    The following shall be the responsibilities of the Council, namely:
(1) Strategic intervention for the improvement of access, equity and

quality in higher education in the State;

(2) Ensuring the autonomy and accountability of all Institutions of

Higher Education in the State;


(3) Promoting academic excellence and social justice by providing

academic input to the State Government for policy formulation and
perspective planning;

(4) Guiding the growth of Higher Education in accordance with the

socio-economic requirements of the State ;

(5) To render advice to the Government, State Universities, Private

Universities and other institution of Higher Education in the State;


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Private Universities and apex level regulatory agencies in Higher
Education within the State ;

(7) To provide common facilities in Higher Education without impairing

upon the autonomy of other institutions of Higher Education.

**Functions of the** 5. The Council shall perform the following functions, namely:**Council.**

(1) Review and coordinate the implementation of policies in all Higher
Education Institutions in the State of Assam including Universities,
Research Institutions and Colleges;

(2) Network various programmes in Higher Education undertaken and
promoted by National and International Institutions including
Central and State Governments and by National level regulatory
bodies like 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;

(3) Undertake independent work for the generation and dissemination
of new ideas in Higher Education including innovative teaching
and learning methodologies with the use of State-of-the-Art
Technology;

(4) Provide common facilities for all Universities, Research
Institutions, Colleges and other centers of Higher Education;

(5) Facilitate scientific survey, evaluation and monitoring process and
to provide for the generation and optimum utilization of funds for
the expansion and development of Higher Education;

(6) Undertake such other programmes for promoting the objectives of
social justice and excellence in education;

(7) 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;

(8) Provide support to State Institutions and affiliated institutions for
formulation production of their plans and implementing them;


(9) Monitor the implementation of State Higher Education Plan;


(10) Compile and maintain periodic statistics at state and institutional

level and assist in All India Survey on Higher Education (AISHE);

(11) Evaluate Institutions on the basis of norms developed by national

level higher education agencies;


(12) Suggest improvements in curriculum and syllabus in accordance

with the changing societies and academic requirements and also
maintain quality of curriculum;

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examination;


(14) Undertake necessary steps for establishing inter-linkage between

research and learning process;

(15) 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
formulation of statute, ordinance or regulations;


(16) Provide approval to setting up new institutions of higher education;

(17) Suggest accreditation reform measures in consultation with

National Assessment and Accreditation Council (NAAC);


(18) Advise State Government on strategic investments in higher

education;

(19) Evolve guidelines for linkages of an academic nature between

higher education institutions in the State and institutions within and
outside the country;

(20) Make proposals for the generation and utilization of funds with the

objective of this Act ;


(21) 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);

(22) Evolve methodology for timely transfer of the funds earmarked for

the State Universities and other institution of higher education;


**Composition of**
**the Council.**


(23) Hold discussions, conduct workshops, seminars with the objective

of facilitating the widest possible consultancies with experts and
stakeholders for formulating the policies and on higher education
and facilitating proper implementation;

(24) Provide a forum for the interaction among the academia, industries,

agriculture and science sectors;

(25) Co-ordinate various programmes being promoted and undertaken

by Central and State Government and national level apex
regulatory bodies in the territory of India.

6.    (1)  The Council consists of three bodies, namely:

(a) General Council   :


This is the plenary body of the Council
headed by Hon'ble Chief Minister,
Assam;


(b)Executive Council : This is a high-power, body under the
Chairmanship of Chief Secretary,
Assam;

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Directorate


be Headed by the Director of the
Council.

:  Hon'ble Chief Minister, Assam;

: Hon'ble Minister in Charge of the
Higher Education, Assam;

: Chief Secretary, Assam, Government
of Assam.


**Organizational**
**Structure of the**
**Council.**


7.


(a) Chairman, General
Council

(b) Vice-Chairman,
General Council

(c ) Chairman, Executive
Council


**Officers of the** 8.   The General Council shall consists of the following members, namely :**University.**


(1) The Chief Minister, Assam


: Chairman;


(2) The Minister in charge of the Higher
Education, Assam


:Vice

Chairman;


(3) Chief Secretary, Assam                        : Member;


(4) Vice-Chancellors of the state Universities


: Member;


(5) The Senior most Secretary of Higher
Education Department, Government of
Assam

(6) A nominee of the University Grants
Commission not below the rank of Joint
Secretary

(7) Six academicians of repute from different
Academic disciplines of whom one shall be
a woman, one belonging to the Scheduled
Tribes nominated by the Government

(8) Three Members from the Faculties of
Universities/ Colleges to be nominated by
the Government

(9) One representative from the Principals of the
Provincialized Colleges to be nominated by
the Government

(10) One representative from the Principals of the

Government Colleges to be nominated by
the Government

(11) The Senior most Secretary to the

Government

(12) The Senior most Secretary to the

Government of Assam, Health and family
Welfare Department

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: Member;


:Ex-officio

member;


: Member;


: Member;


: Member;


: Member;


:Ex-officio

member;

:Ex-officio

member;


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Government of Assam, Elementary

Education Department

(14) The Senior most Secretary to the
Government of Assam, Secondary
Education Department

(15) The Secretary to the Government

of Assam, Judicial Department

(16) The Senior most Secretary to the
Government of Assam, Agriculture
Department

(17) The Senior most Secretary to the
Government of Assam, Co-operation
Department

(18) The Senior most Secretary to the
Government of Assam,P.W.D.(Building),
Assam


member;


:Ex-officio

member;

:Ex-officio

member;


:Ex-officio

member;

:Ex-officio

member;


:Ex-officio

member;


(19) The Director of Higher Education, Assam :Ex-officio

member;

(20) The Director of Technical Education, Assam :Ex-officio

member;


**Functions of the**
**General Council.**


(21) The Director of Medical Education, Assam :Ex-officio

member;

(22) Director of the Council :Member

Secretary.

9.    The functions of the General Council shall be as follows:

(1) General Functions ;- The Council shall,

(a) The Council shall render advice to the Government, Universities

and other institutions of higher education in the State;

(b) co-ordinate the roles of the Government, Universities and apex

regulatory agencies in higher education within the State;


(c) evolve new concepts, programmes and perspective plans for

development of Higher Education as required or on the
suggestion by the Government or requests from Universities or
other institutions of the State;

(d) monitor the progress of implementation of the Developmental

Programmes of the Universities and Colleges taken up in the
State with the assistance of Regulatory Agencies / Expert
Bodies;

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institutions and explore the scope for interaction with industry
and other related establishments;

(f) prepare an annual report making self-appraisal and showing

details of its performance;

(g) suggest measures for the academic and financial accountability

of the Universities and other institutions of higher education in
the State;

(h) examine and approve the annual budget and the audited

statement of receipt and expenditure in such manner as may be
prescribed;


(2) Academic Functions:- The Council shall,

(a) encourage and promote innovation in curricular development,

restructuring of courses and updating of syllabi in the
Universities and the colleges;

(b) co-ordinate the programmes of autonomous colleges and

monitor their implementation;

(c) devise steps to improve the standard of examinations conducted

by the universities, autonomous bodies and suggest necessary
reforms;


(d) facilitate training of teachers of the universities and colleges;


(e) promote and monitor publication of quality text books,

monographs and reference books, etc.

(f) develop programmes for greater academic co-operation and

interaction between university and college teachers and facilitate
mobility of students and teachers within and outside the State;

(g) advice on regulation of admission in universities, colleges and

institutions of Higher Education in the State;


(h) encourage and devise programmes for sports, games, physical

education and socio-cultural activities in the universities and
colleges;


(i) review periodically the existing guidelines and furnish


recommendations for regulating admissions to various courses
and for appointments to the posts of teachers and teacher
administrators in the universities, colleges and other institutions
of higher education;

(j) prepare an overview report on the working of the universities

and colleges in the State and furnish a copy thereof to the
Government and such other authorities as the Government may
specify;

(k) perform such other functions for the realization of the objectives

of access, equity and quality in higher education of the State;

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(3)  Advisory Functions :- The Council shall advise the Government,
(a) regarding the norms, if any, relating to the establishment of

new universities and colleges besides introduction of
additional subjects and departments in the existing universities
and colleges;

(b) regarding the Statutes, Ordinances and Regulations of

universities in the State and to suggest modification wherever
required to maintain uniformity in the administration without
prejudice to the autonomy for the academic pursuits;

(c) on any university, college or institutions of Higher Education

or any other matter relating to higher education and research
activity which may be referred to the Council;

(d) In determining the infrastructure maintenance grants and to lay

down the basis for such grants;


**Powers of the**
**General Council.**

**Powers of the**
**Chairman of the**
**General Council.**

**Powers of the**
**Vice Chairman**
**of the General**
**Council.**


(4)  Any other Functions:- The Council shall perform any other functions

necessary for the furtherance of Higher Education in the State.

10. The General Council shall:
(a) prepare a perspective plan for implementation of the policies, evolve

various programmes and determine the priorities of such
programmes for implementation;

(b) propose general guidelines for the release of grants by the

Government to universities and other institutions of higher education
and advise the Government about the release of such grants to each
university and other institutions of higher education;

(c) give such directions as may be necessary for effective functioning of

the other bodies of the Council in accordance with its objectives;


12.     The Vice-Chairman shall have the following powers, namely:
(a) to preside over the meetings of the Council in the absence of the

Chairman;

(b) to call for report in any matter pertaining to the affairs of the

Council as may appear to him to be necessary;


(d) have such other powers as may be prescribed for the effective

implementation of the programmes for the furtherance of the
objectives of this Act.

11.         The Chairman of the General Council shall have the following powers,


namely:

(a) to call for report on any matter pertaining to the affairs of the

Council and offer suggestions for overall improvement of the
functioning of the Council;


(b) to preside over all meetings of the Council.


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**Publication of**
**names of the**
**members of the**
**Council.**


(c) to exercise such other powers and perform such other functions as

may be assigned by the General Council and/or the Chairman, as
the case may be;

(d) to exercise powers of superintendence /monitoring in all matters of

functioning of the Council.

13.    The names of the persons appointed/nominated by the Government as

members of the Council shall be published in the Official Gazette by the
Government.


**Terms of the** 14. Any member other than an ex-officio members shall be appointed by the
**Members.** Government ordinarily for a term of five years and shall not be eligible

for re-appointment for a second term:

Provided that the Government may, in exceptional circumstances
for reasons to be recorded in writing, by notification in the Official
Gazette, extend the term of such member for another period not
exceeding six months.

**Meetings of the** 15. (1) The Council shall meet as often as may be necessary, but it shall
**Council.** meet at least once a year.


**Qualification,**
**powers and**
**functions of the**
**Director.**


(2) The Council shall have power to act, notwithstanding 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 attended, or
otherwise had taken part in the proceedings of the Council.

(3) The meeting of the Council shall be convened by the Director on
the advice of the Chairman.

(4) The quorum of the meeting of the Council shall be one third of the
total existing roll of members of the Council.

(5) In case of requirement, the decisions of the meeting may be taken
by simple majority of those present and voting.

16. (1) A senior administrative officer, serving or retired, not below the

rank of Secretary to the State Government, having aptitude and
experience in the field of education or an academician who is or has
been a Vice Chancellor or a Professor with not less than ten years
of experience shall be appointed by the Government as the Mission
Director of the Council:

Provided that a person who has not attained the age of sixty


five years shall be eligible to be appointed as the Director.


(2) The Director shall be appointed by the Government ordinarily for a

term of five years and shall not be eligible for re-appointment for a
second term.

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co- operation of the functions of the Council.


(4) The Director shall exercise such powers and perform such

functions as may be prescribed by the General Council and
Executive Council.

(1) The Director or any Member, may in writing under his/her
signature, addressing to the Chairman, resign his/ her membership
to the Council :
Provided that he/she shall continue to hold such office until
his/ her resignation is accepted and communicated in writing.

(2) The salaries, allowances and other perquisites payable to the
Director and other Office bearers shall be finalized by the General
Council with the approval of the Government.

(3) Subject to the pleasure of the Government, the Director shall hold
the office for a term of five years or till the expiry of the term of the
body represented by him whichever is earlier.

(4) The other terms and conditions of service of the Director and
Members shall be such as may be specified in the regulations.


**Terms and**
**conditions of**
**Director and**
**Members.**

**Removal from**
**membership of**
**the council.**

**Filling up of**
**casual vacancy.**


17.


18. (1) If, at any 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 requires his 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 Director shall not be removed except by an order of the State

Government passed on the ground of willful omission or refusal to
carry out the Rules or Regulations or for abuse of the powers
vested in him after consideration of the report of an inquiry ordered
by the State Government in this behalf.

19.   If a casual vacancy arises 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 as
the case may be and such Member shall hold office only for the
remaining period of the term of the Member in whose place he was
nominated or appointed.

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**Constitution of**
**the Executive**
**Council.**


20.   The Executive Council shall consists of:
: Chairman;
(1) The Chief Secretary, Govt. of Assam


(2) Senior most Secretary of Higher : Vice-Chairman;

Education Department, Government
of Assam

(3) The Director of the Council : Member Secretary;


(4) Secretary to the Govt. of Assam

(Higher/Technical) Education

(5) The Chief Engineer,

P.W.D.(Building), Assam


: Member;


: Member;


(6) Director of Higher Education, Assam : Member;


(7) Director of Technical Education,

Assam

(8) Director of Medical Education, Assam


: Member;


: Member;


(9) Director, Secondary Education,

Assam

(10) Director, Elementary Education,

Assam


: Member;


: Member;


(11) Four academicians of repute to be

nominated for a period of three years
by Government


: Members;


(12) One of the Joint Secretary / Deputy


: Member;


Secretary/Under Secretary, Education
Department, Government of Assam

(13) Two members to be co-opted by the Executive Council in its first

meeting from amongst the Educationists / Academicians /Experts
in the field of Higher Education.

21. The Executive Council shall exercise the powers and perform the
functions as follows, namely:
(1) The Executive Council shall be competent to take decisions on

behalf of the General Council, subject to the concurrence of the
General Council in urgent matters relating to policy implications:

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**Meetings of the**
**Executive**
**Council.**


Provided that in case of urgent circumstances, the Executive

Council may take administrative decisions subject to ratification by
the General Council.

Provided further that the urgent matters having policy

implications shall be placed for decision of the Executive Council
with the approval of the Vice-Chairman of the General Council.

(2) The Executive Council shall incur such expenses as may be

necessary to fulfil the objectives of the Assam State Higher
Education Council and carry out all decision taken by the General
Council.

(3) The Executive Council shall present before the General Council an

Annual Budget and Academic and Financial Audit report of the
Council for its approval.

(4) The Executive Council shall have such other powers, functions and

duties as may be specified in the regulations.

22. (1) The meetings of the Executive Council shall be convened by the

Mission Director on the advice of the Chairman and/or the ViceChairman.

(2) The Executive Council shall meet as often as may be necessary, at


least once in three months.


(3) The quorum for the meetings of the Executive Council shall be one

third of the filled up membership in each body and decisions may
be taken in the meetings by simple majority of those present and
voting.


**Staff Project** 23. (1) The Council shall, with prior approval of the Government, appoint
**Directorate.** such officers and staff as it deems necessary for the discharge of its

functions.

(2) The terms and conditions of service of the officers and staff of the
Council shall be such as may be specified in the regulations.

**State Project** 24. The State Government will constitute a State Project Directorate (SPD)
**Directorate.** with following composition and functions:
(1) The State Project Directorate shall be headed by the Director of
the Council and such adequate support staff as may be required
for the effective functioning of the State Project Directorate.


(2) The State Project Directorate shall:

(i) oversee project implementation at the State level;

(ii) maintain statistical data and Management Information

System (MIS) report; and

(iii) engage Project Auditors as required.

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(1) The State Higher Education Council may appoint a Technical


Support Group consisting of experts.


**Technical**
**Support Group.**

**Funds of the**
**Council.**

**Status of**
**members and**
**staff of council.**

**Powers of the**
**Government.**


25.


26. (1) The funds of the Council shall include all sums which may, from

time to time, be paid to it by the Government and all other
receipts including any sum from the Central Government, the
University Grants Commission or any other authority, institutions
or persons.

(2) In addition to the State share under Rastriya Uchchatar Shiksha

Abhiyan (RUSA), 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 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.

27.    The Chairman, Co-Chairman, Members, Officers and Staff of the

Council when acting or purporting to act in pursuance of any of the
provisions of this Order shall be deemed to be public servants.

28. (1) On the recommendation of the Council suo-moto, the

Government may direct any university and institutions of Higher
Education 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 or the institution as the case may be, 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/institutions of the direction given by the Government.


(2) The composition and term of the Technical Support Group shall


be decided by the Council.


(3) The function of the Technical Support Group shall be to:

(a) monitor flow of funds and information;


(b) generate Management Information System (MIS) reports as

required; and


(c) provide operational support to the Council.


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Government shall be taken by the Council. Council shall also
implement its policy in consonance with the general Higher
Education Policy of the Govt. and shall not work in contradiction
to the Government policy.

**Removal of** 29. If any difficulty arises in giving effect to the provisions of this Act, the
**difficulty.** Government may, by order, as occasion may require, do anything not

inconsistent with the provisions of this Act which appears to be
necessary or expedient for the purpose of removing the difficulty.

**Power to make** 30. The Council may, from time to time, subject to the previous approval of
**regulations.** the State Government, make regulations consistent with the provisions

of the Act and the rules, for the purpose of carrying out the provisions of
this Act.


**Power to make**
**rules.**


31. (1) The Government may make rules for carrying out the purposes of


this Act.


(2) Every rule made under this Act shall be laid as soon as may be

after it is made, before the Assam Legislative Assembly while it
is in session for a total period of fourteen days, which may be
comprised in one session or in two successive sessions, and if,
before the expiry of the session in which it is so laid or the session
immediately followings, the Assam Legislative Assembly agrees
in making any modification in the rule or the Assam Legislative
Assembly agrees that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no
effect, as the case may be; so however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done or omitted to be done under that rule.

## S. M. BUZAR BARUAH,
Commissioner & Secretary to the Govt. of Assam,
Legislative Department, Dispur, Guwahati-6.

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