Manipur · 2016 · Act 9
The Manipur State Higher Education Council Act, 2016
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GAZETTE
.....
EXTRAO-RDINARY
PUBLISHED BY AUTHORITY
GOVERNMENT OF MANIPUR
SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT
\ No. 285 Imphal, Saturday, October 29, 2016
NOTIFICATION
Imphal, the 29th October, 2016
(Kartika 7, 1938)
\
• No. 2/29/2016-LegtL: The following Act of the Legislature, Manipur which received assent
of the -Governor of Manipur on October 21, 2016 is hereby published in the Official Gazette.
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THE MANIPUR STATE IDGHER EDUCATION COUNCIL ACT, 2016
(Manipur Act No. 9 of 2016)
ACT
to provide for setting up ofthe Manipur Council of Higher Education.
WHEREAS, it is n?? to establish a State High.etEducation
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Council for the??e of ?ur as a collective of the Government,
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- ?versit[e$, Colleges,.Aeademics and · .·
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·. .· ·. orge a synergic
relationshiplunongthem by occupyingan operational.space in.·
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the.···.. Governinent,. Univffiities and Cg.llegeson ·one hand and. between ?-
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Universities and apex· level regµlatorybodies on the .other, with the
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· foUowingobj.ectives:
i) Promote academic excellence and social justic:e in policy
formulation and ?ve planning.
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ii) Ensuring
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the autonomy,. acC()untabilityand co-<>tdination among
all institutions <>fHigherEducation in the State, and
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iii) Guidingthe harmonious growth.ofHighetEducation in accordance
with the socio-economic needs of the State. 1
Or
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Be it enacted· by the Legislature of Man.ipurin the
.
Sixty-seventh
Year of tbe Republicoflndia as follows:-·.
Definitions.
Short title, ,._teat
and
CBAP'J:..,.....d.-1 ;
PRELIMINARY ·
This Act may .
be called the Manipur State Higher Education
Council Act, 2016.
(Il) It shall extend to the whole of the $tate of Manipur.
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(Ill) · It shall come· into force on ?e date of i? publication in. the
Official Gazette ofthe Goveounent ofManj.pur.:
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WHEREAS, it is also necessary teset up a State.HigherEducation
Council for the Stateof Manipur establishthrough a law enacted by the
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Manipur
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State.Legislature
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as an essential
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rc,qwrementunder
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the
Guidelines of the .RashtriyaUchhatar Shiksha Abbiyan .(National Higher
Education Mission)under the Ministryof Hunian ResourceDevelopment,
Government of India fotthe objectivesmentioned above;
And WHEREAS, in order to achieve the above said objectives, it
is necessaryto empower the ManipurState }UgherEducation Council td:. .
i) Review and coordinate the,implmenµuionof policies in all Higher
Education Institutions in the State includingUniv-ersiti?. Research
Institutions and colleges.
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ii) Network various programmes in HigherEducation undertaken and
promoted by the Central and State governments and by the
- National Level Regulatorybodies includingthe University Grants
Commission, All India Council for Technical Education, National
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Council for Teacher Educatiol)., Medical , Council of India, Bar
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Councilof India and other similar statlltory bodies.
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iii) Undertalce independentwork for the generation, diffi.1$ion and
dissemination of new ideas ill fli$her:Educ?tion,:
iv) Provide cott1D;1011 fadilities for all Universities, Research
· Institutioas, Colleges,and, othet centres of HigherEd?tion,
v) Provide for the generation, augmentation.and optimumutilization
of funds for expansionand developmentof HigherE?ucation,and
·vi}U,,Aertake such other programmes for promotingthe:objectivesof
social justice and excellence .in.High.erand Technical. Education in
Manipur
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2. Inthis Act, unless the context otaerwiserequiresi-
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a) "All India Council for TechnfoalEducation" means the All India central Aet ..
Council for Technical 'Education constituted under the All India .N.o.51 or 1987•
Council for Technical Education Act, 1987 :
b) "Bar Council of India" means the Bar Council constituted under Central A?t
the Advocates Act, · I 961;
No.25 of 1961,
c) "Chairman" means the chairman of the Council.
d) "College" means any College or institution approved by, or
affiliated to, any University including Manipur University within
the State of Manipur and provides any courses of study for
admission to the examination of the University and inclusive of
autonomous Colleges.
e) "Council" means th? Manipur State Higher Bducation Council,
constituted under Section 3 of this Act
t) "Executive Committee" means the Executive Committee of the
Council;
g) "Member Secretary" means the Mem? Secre? of the Council;
h) "Government" means the Government of Manipur;
i) "Higher Education" means an Education, whether professional,
Technical Education or otherwise, and includes research studies
leading to the award of a Degree or
· Diploma or Certificate by a
University or an institution approved by the University;
"Institution" means .an Academic Institution of Higher Education
and researcB, hot being a College, associated with and admitted to
privileges of a University or maintained by a University
k) "Medical Council of India" means the Council constituted under
Central Act
the Im.Han-Medical Council Act,1956; No.l0lon956•
"Member" means a -i?e.mbet of the Council or the Executive
Committee, as the case maybe;-
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m) "National Council of Teachers ?n" means council Central Act
constituted under the National Council of Teac?ucation Act No.73 ot'l993.
1993; ---?
"Prescribed" means Prescribed by rules made under this Act? ?-?-----_
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o) ''RegularSttident$?'means a- regular student of a University or a
College affiliated toa University;
p) "Regulations" means the regulations made by the Council under
this Act;
q) "Rules" means the R.uws.made by the State Government;
r) "State" means the State ofMw)m_r,
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s) "Statutes". "Ordinances'; and "Regulations" of a Umvetsitymeans
respectively the statutes, the ordinances and the Regulationsissued
under the respective Acts of a University;
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I, t) "Teacher" means any regular teacher workingin a Universey,Governmentor GbvertmtentAided or Private Collegeor institutfonI
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whose appointmemhas been· made or approved by or on behalf bfthe Governmentor a University; ·
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: u) ''University"means any Universityin the State established by theState Legislature;
v) "UniversityGrants Commission" means · the Commissionestablishedunder the Univ?ityGrants Commission;Act,1956;
w) "Vice-Chaiiman·?means the YiceChairman of the C9uncif
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I CHAPTER-II I
ICONSTITUTION,FUNCTIONSAND POWERS OF THE COUNCIL I
I(c) .The AdministrativeSecretaryof the Government Member,Departmentof HigherEducation,Manipur& ei-of!!cio--- Secretary'StateProjectDirector,Manipur ·
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Member
Ex?fficio
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Me?ber
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(a) The Minist?rin-chargeof Higher?ucationof the State ehairman
(b) An academi?.or M!!C?k,nistofrepute,preferably,a Vice-.
retired Vice' Cruuicellorof a Central or State University Chairmanor.aperson of outstandingreputation in the field ofl{igherEducationor sitjiilarlyqualifiedperson 1bfrepute.
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3. (I) The Government-shallconstiiuii::th? cow1ci1 to be called the Constitution or
the CoJncil
Manip?HigherEducation Co?ci}which sbaU consist of the following,namely.. , ·
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(d) Pirector,Universityand High?;riducation,Manipur&ex-officio ,4.dditio??cateProjectpirector,Manipur
(e) ;Fiv?itcade?ciansof repute from differentacademic
disciplinesof whomI(one)shall be a woman and I
'(one)belongingto the Tribal CODllllunityofManipur(to:be nominated by the S?teGovernment.Oeparttn;n!of'HigherEducation) t
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Two Principalsone from AutonomousCollegeand
· other one from General Colleges(to be qominatedby:the State Government_Departmentof Higher ·
·Education) ·
(g) Onenomineeof the Ministryof HtµnanResource
Development,Government of India (to be nominated
byMHR.Dj .
(h) One nominee of the UniversityGrants Commission (to
be nominated by UGC)
(i) Administrative Secretary,Law Department,
Government of Manipur(or his representativenot
below the rank of JointSecretary)
0) The AdministrativeSecretary,Commerce & Industry
Department,Government ofManipur(or his
representativenot belowthe rankof Joint Secretary}
(k) The AdministrativeSecretary, Finance Department,
Government ofManipur (or bis represet,ttativenot
below the rank of Joint Secretary)
(l) The AchnimstrativeSecretary,Health & Family
WelfareDepartment,Government of Manipur(orhis
representativenot below the rank of Joint Secretary)
(m) The Cbntroller I Director, Technical Education,
Government of Manipur.
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(n) The Chairman, Council ofHigb.erSecondary
Education,M@ipur(CoHSEM)
Ex-officio
Member
Ex-officio
Member
Ex-officio
Member
Ex-officio
Member
Ex-officio
Member
Ex-officio
Member
Bx-officio
Member.
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(o) The Chairman,Board of SecondaryEducation;Manipur Ex-officio
(BoSEM) Member
The Council be a bodycorporate by the name aforesaid,havingperpetual
succession and a common seal and shall,by the said name, sue and be sued.
(2) The headquarters.ofthe Councilshall be at Imphal.
4. (l).No person shall .be quatifiedfor nomination or to continue as a
member oftheCourtci1, if on the date of such nomination/Teaure, he/she is-
(a) of unsound mind or a deaf,mute; or·
(b) adjudicatedas an u.n-dischargedinsolv:ent;or
(c) sentenced by a criminal court to imprisonmentfor any
offence involving01oraldepravity;or
(d) directlyor indirectlyby himselfpr his partner has any share
or interest in any work done by order of, or in any contract
entered into on behalf of the Council; or
(e) a person who has. been termlnated/suspendedfrom any
: Government or University/organizationon account of
misconduct or negligenceor lack of integrity;or
(f) a person who has any criminal case, includingeconomic
offence, etc. pendingagainsthim in any court of law; or
Oi$qualifications
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(g) any other gross misconduct that · may be considered not
suitable 'for holdingany post or membership in the Council
which may be decided by· the State Government jn
consultation with the Chairman and Member Secretary of
the Council.
(2) In case of dispute or doubt as to whether-a personis disqualified
under sub-section ( 1), the decision: of the Government shall be
final.
{3) Save as otherwise · provided in this Act, no person who is · not a
graduate of any University established by. law shaHbe eligible
for nomination as a member of the Council under thjs Act. ·
5? With the primary objective .of',ensuring ,tangible,·effective and Functions or.the
concrete improvementsin the three identified essential elements of Higher Council
Education, namely,access, equity and quality',in the State of Manipur,
through institutional improvements,provision.or necessary lnfrastructure,
academicand administrativereforms.etc. as'may be considerednecessary
in the process, the powers and functions of the Council shall be as follows- ,
(i) It shall· render advice to the Government; Universities and
other Institutions df Higher Education within the State;
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(ii) ,
It , shall co-ordinate the .roles of. the government,
Universities and other apex· regulatory.agencies in Higher Education
within, the State;
(iii) : lt shall evolve new concepts, and programmes in Higher
Education; ·
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(iv) It .shall provide eommon facllities in higher ed1.1catton
without impingingupen the autoaomy of other institutions of higher
education;
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(v) It shall provide academic inputs to the Government and to
the universities, colleges and other institutions of higher education
in the State· for the formulation and itnplemt;ntatiQnof the policiesof
higher education and evolve a perspectiveplan for thedevelopment
of higher education, suo moto or on the suggestion from· Government
or requestsfrom universities or other institutions;
(vi) It. shall evolve programmes in order to promote the
relevance of higher education for economic, social' and cultural
development of the state;
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(vii) lt shall 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 textbooks, educational softwares and e.;.'
learning facilities in order to improvethe quality pf education;
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(viii) It shall advise the Government on the starting of new
courses, colleges·and other higher education institutions in the State;
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(ix) It shall review · periodically the State Higher Education
Plan, Perspective Plan and Annual. Plan and monitor. their
implem.ent.ation;
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. (x) It shall review periodically th? Statutes, Ordinances and
Regulations of the Universities in the
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State and suggest
apprc,priateimprovements for ?e realisation of the c>bjectives ?f
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;
(xi) It shall facilitate the development of synergic relationships
among different agencies such as the State Government,
Universities, colleges and other institutions- .· of higher education
in the State and the Central Government and regulatory bodies at
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the national level;
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(xii) It shall.coordinate various programmes being promoted •and
undertaken by the Central and S!,ate Governments and· National
level bodies· li}ce.University (]rants Commissio:u., All India Council
of Techni® Ed.ucatio:u.,.National Council for Teachers Education,
Medical Council of India, Bar Council of India and 'other statUtory
bodies and State level -institutions like Universities, resea.tth
institutions, colleges and other instifutioI1S of higher education in
the territ<>rYof India;
(xiii) It shall promote ??-?d._?-aclrv-ifies?in the
colleges, other. institutiC>DS and Universitiei$ and integrate them with
co-eurric? activities;
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(xiv) It shall monitor the progress of implementati? ·of the
Development programmes of
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Universities, Colleges and other
institutions of higher education taken up in the St.ate;
(xv) It shall promote co-operation and co-ordination of the
educational institutions among.themselves and explore.the scope for
inter?actions with industry and other related ageneies;
(xvi) It smJI prepare an annual report
showing details of its performance;
(xvii) It sha.Jlsu;??-m? for the,.a@ettlic
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an.d tnonetaty
accollD.tability,.
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integrity and responsibil1tyof tiie Universities,
Colleges, and other Institutions of.Higher Education in the State;
(xviii) It shall approvethe annual budget and audited· statement of
expenditure in such maaner as may be prescribed; '
(xix) It shall give suchdirections to the executive council as may
be necessary for the effective functioning. of the council in
accordance with its objectives;
(xx) It shall advise the Government, Universities and other
institutions of higher education regarding the procedure of
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implementationof its decisions: in all institutions of higher education
including Universities, colleges and other 'instltutions of higher
education in the State;
(xxi) It shall suggest measures to :enhance the standard of,
Rese?h projects .in untapped areas l branch of studies amongst
students l research scholars in the· State;
(xxii)
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It sha.11 devise
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steps to improve the standard of
examinations conducted, by Universities and suggest ; necessary .
reforms;
(xxiii) It shall facilitate training
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of teachers in universities and,
Colleges;
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·(,otiv) It shall develop programmes for greater academic co-:
operation and interaction between Univetsity · and college teachers
and to facilitate mobility:of students and teachers within and outside
the State;
(xxv) It
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shall advise on the regulation of admission in
Universities, Colleges and institutions of Higher Education;
(xx-vi) It shall review periodically,the existing: guidelines and,
furnish recommendations for regulating appointments to the Posts of
Teachers and, Teacher-administrators in · Universities, Colleges and:
other Institutions of Higher Education;
(xxvii) it sn.ull ?p?e an overview report on the working of the.
Universities and Colleges· in the State and fu1iliSh a t.npy thereof to.
the Governm¢n,t and such other· authorities as· the Government may,
specify;·
(xxviii} ' It shall perform such other functions for the realization of
the objectives ·of access, equality, equity and excellence in Higher
Education;
(xxix) It shall advise the Government on the: following: ..
-a) Rt??!c!!!!g!b.e??, if?;-.zfa.ftngi:o theestabHshmentof
new Universities and Colleges besides •
additional sub?cts
and departments in the existing Universities and Colleges;
b) Regarding
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the statutes, , ordinances and regulations of
Universities in the State and to suggest modification
wherever required· to maintain
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uniformity in the
administration without prejudice to the autonomy for
academic pursuits;
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c} On any University, College or Institution
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of Higher
Education or any other matter relating to Higher Education
and research which may be referred to the Council;
(xxx) It shall .perform any other function necessary for the
furtherance of Higher Education in the State;
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The powers and duties of the Council shall be as follows :6.
(a)
(b)
(c)
(d)
(e)
It shall prepare a Perspective Plan for implementation of
thepolicies, evolve various programmes and determine the
priorities of such programmes for implementation;
It shall propose generalguidelinesfor the release of grsnts
by the Government to universities, .Colleges and
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other
institutions of higher education and advise the Government.
about the release of such grants to each University·and
other institutiot1Sof higherEducation;
It shall give such directions as may be necessaxy -
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for
effective functioning of the Executive Committee in
accordance with its objectives;
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It shall frame. guidelines in accordance with this
notification and the rules made there under;
It shall have suchetherpowers as may be prescribed for the
effective implementation of the programmes for the
furtherance of the objectivesof the Council.
Powers and
dllties or the
Council
7. (1) The Chainnan shall-have the right to call for report on any
matter pertaining to the affairs of the Council and · offer
suggestionsfor improvement of the functioningof the Council.
(2) The Chainp.an
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shall preside over the meetings of the
Counciland the Executive Committee.
The Chairman
8. (1) The Vice-Chairman shall preside over the meetings of the The Vice
.Council or the Executive Committee in the absence of the Chah:man
Chairman.
(2) The Vice-Cbairman shall exercise such other powers and
perform such other functions as may be prescribed or delegated
by the Chairman.
10. (I) The ·term of the Council shall be for a period of five years.
(2) The Member Secretary will inform the Government in writing to
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reconstitute the Council before the end of the term.
a. The Vice Chairman and other members may in writing addressed
to the Chairmanresignhis membership:frotllthe Council.
9. (1) The Member Secretary: The Member Secretary·shall· be
responsiblefor the co-ordination of the functions of the Council.
(2) The Member Secretary shall exercise such powers and
performsuch others functions as may be prescribed.
The Member
Secretary
Termolthe
Council
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Filliig 11por
?uatv,caraC)'
Removalfrom
M.embenhi'p'4)t'
the Council ,
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13. (1) If a casual vacancy arises' in the office of a ?ominatedor
appointedMembet, either by reason ofbis death, resignation,removal.or
otherwise, such vaca:ncy shall be :tilled:up by 1he GoV"enunent 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
placehe was noininateUor appo?.
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(2) ·Toe Vice?Cbairma11or Member.Secretary shall not be removed
except by an order of the ·state Govetnment on th? groundof wilful
omission or refusal to carry out tb,eprovisionsof this Act or Rules 1or
Regulationsmade there under or for abuse .of the powersvested in him
after consideration of the· report of 8Il inquiryordered by the State
Government in this behalf.
12. {l) , If, at any time, it appears to theGovernment that a membex
?iri.ted or nommatedbas provedlthnSelfto be unfit to hold office or
bas been guiltyof misco?ductor neglect which in the opiniQ:nof the
Government renders bis removal from the membershipof the Council, as
?ent, the Go:vemnient roa.y, ?er givingsuch metnbet ,a reasonable
oppo,\1lJlitYof showingcause as to whyhe>$ba!lnot QC.removedfrom Ille ;
Council and aftet examining the same decide whether to continue or
remove. such member, as the case may be, from his membershipand in
case of such removal from the membership of the Council, it shall be
made bynotification.
Provided he shall continue to hold office ·until the resignationis
acceptedby the Chairman..
11. (l) The meetings·of the ·council shall be conve11edby the Member Meeting of the
SecretarY on the advice of the Cbairylan.
· Couneil
{2)'fhe Council shall meet as often as imi.y be necessary, at such time and·
place-andobserve such rules of procedure,as may be providedin this Act,
providedit shall meet at least twice a year.
{3)It shall have the power to act, not witbstandin.Sany vacancy in the
membership·or any defect in the constitutionth?of, and the proceedings
of the CounciLshallbe valid not withstandingthat some person, who was
not entitled to be a member,1hadattended,.or otherwise bad taken· part in
the proceedingsofithe Council.
(4) The quorwn of. the
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meeting of the Collllcilshall be one third of the,
total members of the. Council.The decisions.of the meeting may be taken
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by simplemajorityof those presentand voting.
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CHAPTER-UI
THE mcuTIVE COMMITtEE
14. There shall be an Executive Committee for the Council which shall
consist ofthefollowingmembers;namely:-
The ·Exec:atne
Committee
(a) the Cbamria:rfoftheCouncil-
(b) The Vice-Chainnan of the Council
(c) The Member-Secretaryof the Council
(d) The Director,University& HigherEducation
: Chairman.
:Member
tMember
: Member-Secretary
(e) Three of the Five academicians of :repme who : Members
are members of the Council nominated by it for
aperiod of two years by rotation
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15. The Executive Committee shall have the followingpowers and
performthe followingfunctioll$,namely:-
(a) It shall be competentto take decisions on behalf of the Council,
subjectto the concurrence
· of the Councilin all matters with policy
implicatiollS;
Provided that in urgent citcumstances the Executive
Committeemay take a aecision subjectto tatlfication by the Council.
In the event that such decision is not. rectified, it shall be deemed to
have been withheld. ·
(b) It shall incur such expensesas are necessary to fulfil- the.
objectivesset out in this Act and cattyout all decisions taken by the
Council;
(c) It· shall present before the Council the annual academic and
financial audit reports of the CollDCilfor its approval;and
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(d) It shall have such other pafms, functions and duties as may be
prescnoed.
16. (1).The meetingsof the Executive Committee shall be.convened by
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the Member secretaryon the advice of the Chairman;
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(2) It shall meet as often as may be necessary, at such time and place
and observe such rules of ptocedu:reas may be provided m the rules
providedthat it.shall meet at least once in three months.
()) The quorum for the meetingof the Executive Committee. shall be
at least two third ·of the filled· up membershipand decisions may be taken
in the meetingsby simplemajorityof those present and voting.
Powerod
fbctio•s of the
Etecative
·Committee
· Meetingsof tile
Executive
Coqunittee
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Annual Accoaats
and Audit.
FundsoUhe
CounciL,
Directions by the
Governinent.
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OJAPTER.-V,
FUNDS OF THE coUNCU.
18. (1) The funds of the.Councilshall include all sllIDSwhichmay,Irom_fune
to time be paidby the Gove:rmnentand all other :receiptsincluding any1 sum,
from the Central Government, the University Grants Commission or any other
authority,institutionsor. person. :
('f)The Government may pay- to the Council every :financial.yelll' such sums
as may be considerednecessary for the functioningof the Council and for the
discharge ofits responsibilitiesand duties.
(3)All. expenditurein<ll1aed? the Council u,id« or for 1he purposes of this
Act shall be defrayedfrom out of the Fund and any surplus@JnSining,.after
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such ex.pen.di? bas been met, shall be invested in such manner. as may be
prescribed.
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19, (1) The accounts of the Council shall be maintainedin such manner-and
in such. form as may be prescribed;
(2) The Councilshall prepare an annual statement of accounts in such form
and in SlJChmanner as may be prescribed;
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(3) TIie '1<l(:Oll!lfsof the C<,unci\$ball be audited OiU in a year ?. such
auditor as the Governmentroay appoint.in this behalf;
(4) The Member SecretarY of the Council shall cause the annual audit report
to be printedand forward a printedcopy thereof to each member and
shall place such report before the Council for consideration at its next
meeting;
(5) The Council shall take appropriateaction forthwithto remedy any defect
or irregularitythat may be pointedout i'n the audit report;
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CHAPTER-IV
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DIRECTIONSBY THE GOVERNMENT
17; On the recolillilendationof the Council, or suo-moto, the Government
fDfrJ dlrectIUlYUniversity,College or otlier Jnslitmions of higher edu<;atio,lin
the State with such
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modificationas m.ay be n?ssary to implement the
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-- ? -in socir -- ·as -rn•rbe sp¢clfi.d, tiJei,:in.N<n._,,,;lbstanding.
anytbh>gcontained in any .Jaw for the fune being in force, it shall be
obligatory on the part of the UniversityCollege or other institutions of higher
educationin the State to implementthe diteclions givenby the Government
and to report the action taken to the Governmentand the Councilaccordingly..
TIie Council sb/!11review .from time to .time tbe compliaooeby 1he
universities, Colleges or other iostituµOnsof Higher Education, of the
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direction givenby the Government
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(§) 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
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forwarded to the Government within such time as may be prescribed;
(7) The Gov? shall, as soon as may be after the receipt of the annual
accounts together with"tb.e,aucfitreport cause the same to be laid before
the ManipUrl..egislativeAssembly.
20. (1) The
.
Co'ilhcil
.
shall preparefor every year a report. of its activities Annual Rq,ort
under thisActduring that year ana su.J,mitthe report to the Government.
(2) The Government sba.J.l,as soon as may be after the receipt .of a report
under sub-section (I), cause the same to be laid before the Maniput
LegislativeAssembly.
CounciL
Staffoftbe
Central Act
No.-45 ofl8'0
Power to make
regulations.
Memb«!n od staff
of the Co111_1cifto be
public servuts.
rrotedion of acts
done iil good
faith
(2) Every rule made under this Act shall be laid, as soon as may be after it is
made, before the Manipur LegislativeAssembly, while it is in session, which
may be comprisedin one· session or in two or more successive sessions, and if,
CHAPTEQ...;Vl
MISCELLANEOUS
21.
·
No suit, prosecution or other legal proceedings shall lie· against the
Council or any member or officer or employees of the Council for anything
which is done or intended to be done in good faith in pursuance of the
provisionsof this Act or any rules or regulationsmade there under
.
.
22. 'Ihe Council may, with prior approvalof the Government appoint the
officers. and staff from open market or bring such officers and staff, as it
deems necessary for the discharge of its functions under this Act The terms
and conditions ef service of the officers and staff of the· Council shall be such
as may be prescribedin the regulations to be framed ?Ythe Council.
23. The Nodal Department for the
.
Council shall. be the Department of
Higher & Technical Education, Government of Manipur.
24. The Chairman, Vice-Chairman, Members, Officers and Staff of .the
Council shall be deemed, wheri acting or purportingto act in pursuance of any
of the provisionsof 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.
25. (1) The Council may, with prior approval of the Government, make
regulations not inconsistent with the provisionsof this Act for carryingout all
« any of the provisionsof this Act
(2} Ew.ryreguJatioosmade by the Council under this Act shall, as soon as
may be, be laid before the House of the State Legislature.
26. (1) The GM:mmcm may by notification make rules either Power ip. make
prospectivelyor mrospedivdy, for amying out all or any of the provisions rules.
c,fthisAct.
14
before th?expifyof? session imm?ly foll9wingthe successive sessj?qs
1 afofesaid,the House agrees in making modification in the rule. or tha{the IJl}e
· should not be made, the role shall thereafter have effect only in such modified
-? ---fnrm or be of no I effect, as the case may be, so however that sUC,h
' modification or ann
· '... ..h?tl he. without prejudice fo the validitYof
anythingpreviouslydone undenthat rule. ;
I I I. , I
27. {1) I£ any difficultyarises in givingetfect to the provisionsof this Act, Power to re,111pve
the · Government may, by o_rder,as •occasion may require,do anything not difficu?
inconsistent witli ??visions of t1µsAct wm?happears to them to .be
necessary.Ol'?xpedientfor the. purposeof removingthedifficufty;
Provided:that no such power shall be ?ised after the e:xpi:ryof; a
periodof two years from the commencement of this Act.
'
.
-
.
' (2)' Everyorder made under this sectionsha!Lassoon as may'be after it is
?, be: laid before the House of the Sta? Legislature.
I ! -·
.
-
I
.
TH. KAMIN! KUMAR SINGH,
"' Addl. Secretary (Law),
.
Government of Manipur.
Printedat theDirectorate of Printing & Stationery,Government of Manipur/305-C/29-10-2016.
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