State Higher Education Council Uttarakhand

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(5) Function:

To achieve the above objects, the functions to be undertaken by the Parishad shall be as follows.

To undertake all activities that may be necessary for the implementation of the educational projects and in particular for the achievement of the objects referred to in Article 4 above.
To create duly empowered administrative mechanisms as may be deemed necessary.
To secure active involvement and participation of universities, colleges, educational institutions, voluntary agencies, teachers and individuals committed to educational improvement.
To secure constructive and participatory involvement of teachers through training for the achievement of the Parishad objectives.
To take up experimental and innovative programmmes in higher education system.
Maintaining proper records & strengthening Educational Management & Information System for a responsible and flexible manpower planning to maintain enrollment and adequate teacher pupil ratio.
To undertake and promote research and studies relating to higher education and its management.
To ensure technical resources support by harnessing the existing institutions and capacity building.
To advise the State Government and higher education department in matters relating to higher education
To organize conferences, symposia, workshops etc. on matters related to the higher education.
To establish co-ordination, co-operation and networking with special training institutions/organizations, universities, institutions, colleges working in the area of higher education.
To create academic, technical, administrative, managerial and other posts in the Project Directorate in concurrence with the rules and regulations of State Government.
To lay down guidelines in all matters regarding functioning of authorities of the Parishad .
To make rules and regulations for the conduct of the affairs of the Parishad and add or amend, vary or rescind them from time to time.
To accept or to provide any grant of money, loan, securities or property of any kind not inconsistent with the objects of the Parishad.
To incur expenditure after drawing up a budget Parishad.
To prepare annual report and accounts of the
To purchase, hire, take on lease, exchange or otherwise acquire property and construct, alter and maintain any building or buildings as may be necessary for carrying out the objects of the Parishad.
To take all such actions and measures as may appear necessary or incidental for the achievement of the objects of the Parishad.

Executive Committee

The affairs of the Parishad shall be administered, subject to the Rules & Regulations and orders of the Parishad by an Executive Committee, which shall consist of the following:

(i)	Chief Secretary, Government of Uttarakhand	President Ex-Officio
(ii)	Principal Secretary/Secretary Department of Higher Education, Government of Uttarakhand or his nominee	Member Ex-Officio
(iii)	Principal Secretary/Secretary Department of Finance, Government of Uttarakhand or his nominee	Member Ex-Officio
(iv)	Principal Secretary/Secretary Department of Technical Education, Government of Uttarakhand or his nominee	Member Ex-Officio
(v)	Two Vice-Chancellors of State University to be nominated by State Government.	Member Ex-Officio
(vi)	Additional Secretary, Department of Higher Education, Government of Uttarakhand	Member Secretary Ex-Officio
(vii)	Director, Higher Education, Uttarakhand	Member Ex-Officio

Rules of Uttarakhand Uchch Shiksha Parishad

(1) Name of the Society:

The name of the society shall be “Uttarakhand Uchch Shiksha Parishad”.

(2) Address of the Society:

Co-located with Camp Office, Directorate of Higher Education, Dehradun.

(3) Short Title:

These rules shall be called “Rules of the Uttarakhand Uchch Shiksha Parishad”.

(4) Scope and Application:

These rules shall extend to all the units and activities of the Parishad in the State of Uttarakhand.
These Rules shall come into force from the date on which the Parishad is registered under the Societies Registration Act, 1860 as applicable to the State of Uttarakhand.

(5) Definition: In these Rules, unless the context otherwise requires.

“Higher Education” shall mean as the education, which is obtained after completing 12 years of schooling or equivalent and is of the duration of at least nine months (full time) or after completing 10 years of schooling and is of the duration of at least 3 years. The education may be of the nature of General, Vocational, Professional or Technical Education.
“Central Government” shall mean Government of Indian (Ministry of Human Resource Development, Department of Higher Education).
The “Chairman” shall mean the Chairman of the Parishad.
The “Executive Committee” shall mean the body which is constituted under Rule 19 as the Executive Committee of the Parishad.
“Government” shall mean Government of Uttarakhand.
“Officers and Staff” shall mean all whole-time and part-time employees of the Parishad appointed by the Executive Committee or any authority or officer delegated with the power to do so, and would also include Consultants, Fellows and Research Staff.
The “Parishad” shall mean the Uttarakhand Uchch Shiksha Parishad.
“Project” means any type of educational activity based programme.
The “President” shall mean the President of Executive Committee of the Parishad.
The “ Project Director” shall mean the project director of the Project Directorate appointed by the Government of Uttarakhand.
The “Additional Project Director” shall mean the additional project director of the Project Directorate appointed by the Government of Uttarakhand.
“Department of Higher Education” shall mean the Department of Higher Education, Government of Uttarakhand.
“Technical Resource” shall mean

: Development of curriculum and teaching/ learning materials.
: Instructional methods.
: Research and Innovation.
: Development of educational technology.
: Vocational guidance & training.
: Media and communication
: Learner evaluation.

The “Vice-Chairman” shall mean the Vice-Chairman of the Parishad.
“Voluntary Agencies” shall mean non-government organizations who have been assigned responsibility for execution of any activity under the Project by an authority empowered to do so, and would include registered societies, public trusts and non-profit making companies.
Words imparting the singular number also include the plural number and vice-versa.
Words imparting the masculine gender also include feminine gender.
The “Council” shall mean State Higher Education Council.
“Teacher” shall mean a Assistant Professor, Associate Professor or Professor of a University or a College or an Institution.

(6) General Body:

The Supreme governing body of the Uchch Shisksha Parishad shall be State Higher Education Council consisting of the following:

((i)	Higher Education Minister, Uttarakhand	Chairman, Ex-Officio
((ii)	Chief Secretary, Government of Uttarakhand	Vice-Chairman, Ex-Officio
((iii)	Project Director (Principal Secretary/Secretary, Department of Higher Education, Government of Uttarakhand	Member Ex-Officio
((iv)	Ten to fifteen members, individuals representing fields of arts, science and technology, culture, civil, society and industry and vocational education and skill development	Members
((v)	Three Vice Chancellors of State Universities and two Principals of autonomous/affiliated colleges	Members
((vi)	One nominee of the Government of India	Member
((vii)	Director, Higher Education, Uttarakhand	Member-Secretary, Ex-Officio

(7) Temporary Association of a Person with Council:

The Council may associate with itself in such a manner and for such a purpose, any person whose assistance of advice it may desire in carrying out it’s work. A person associate with council for any purpose shall have a right to take part in the discussions relevant to that purpose but shall not have a right to vote at a meeting of the council and shall not be a member of any other purpose.

(8) Term:

The term of Chairman, Vice-Chairman and members of the Council shall be decided as per guidelines of Government of India laid down in Rastriya Uchchatar Shiskha Abhiyan.

(9) Termination of Membership: Members of the Council shall cease to be such members, if

They resign or are of unsound mind or are insolvent or are convicted of a criminal offence involving moral turpitude; A resignation of the membership of the Council shall be tendered to the chairman and shall not take effect unless it has been accepted by the Council.

They do not attend three consecutive meetings of the Council without prior permission of the Chairman.
Where a member of the Council becomes a member by reason of the office of appointment he holds, his membership of the Council shall terminate when he ceases to hold that office of appointment.

(10) Vacancies:

Any vacancy in the non-official membership of the Council shall be filled by the nomination of the authorities entitled to make nominations, and the person nominated in the vacancy shall hold office only for the remaining period of term of the membership.

(11) Validity of Function:

The Council shall function notwithstanding that any person who is entitled to be a member by the reason of his/her office, is not a member of the Council for the time and notwithstanding any other vacancy in the body, whether by non-nomination or otherwise, and no act of the Council shall be invalidated merely by reason of the happening of any of the above event or any defect in the nomination of any of the members of the Council.

(12) Powers & Functions of the Council: The Council shall have following powers and functions:

To review the implementation of the education Projects and to give overall policy guidelines and direction for efficient functioning of the Council.
To consider the balance sheet and audited for the previous year.
To consider the annual report prepared by the Executive Committee.
To add and to amend the annual report of the Council, with the approval of the State Government and the Central Government.
To perform such other functions as are entrusted to it under these rules.
To issue directions regarding reforms in higher education.

(13) Proceeding of the Council

The meeting of the Council shall be held at least twice a year at such time, date and place as may be determined by the Chairman.
Except as otherwise provided in these rules, all meetings of the Council shall be called by the notice of not less than fifteen clear days under the signature of the Member Secretary.
If the Chairman is not present at the meeting of the Council, the Vice-Chairman will chair the meeting.
Thirteen members of the Council present in person shall form a quorum at every meeting of the Council, provided that no quorum shall be necessary in respect of an adjourned meeting.
All disputed questions at any meeting of the Council shall be determined by vote and in case of equality of votes; the person chairing the meeting shall have a casting vote.

(14) Directions by the Government :

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 higher education 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.

(15) Officers and Authorities of the Parishad

Officers: The Officers of the Parishad shall be the Chairman, the Vice-Chairman, the Project Director and such other persons as may be designated.
Authorities: The following shall be the authorities of the Parishad :
- The Chairman of Council
- The Vice-Chairman of Council
- The Executive Committee
- The Project Directorate
- Such other authorities as may be constituted by the Parishad.

(16) Executive Committee:

The affairs of the Parishad shall be administered, subject to the Rules & Regulations and orders of the Parishad by an Executive Committee, which shall consist of the following:

(i)	Chief Secretary, Government of Uttarakhand	President Ex-Officio
(ii)	Principal Secretary/Secretary Department of Higher Education, Government of Uttarakhand or his nominee	Member Ex-Officio
(iii)	Principal Secretary/Secretary Department of Finance, Government of Uttarakhand or his nominee	Member Ex-Officio
(iv)	Principal Secretary/Secretary Department of Technical Education, Government of Uttarakhand or his nominee	Member Ex-Officio

(v)

Two Vice-Chancellors of State University to be nominated by State Government.

Member Ex-Officio

(vi)

Additional Secretary,Departmentof Higher
Education,Government of Uttarakhand

Member Secretary,

Ex-Officio

(vii)

Director, Higher Education , Uttarakhand

Member Ex-Officio

(17) Members of the Executive Committee cease to be such members if:

They resign or are of unsound mind or are insolvent or are convicted of a criminal offence involving moral turpitude;
or
They do not attend three consecutive meeting of the Executive Committee without prior permission of the President.

(18) A resignation of membership of the Executive Committee shall be tendered to the President and shall not take effect until it has been accepted on behalf of the Executive Committee by the President.

(19) The Executive Committee shall function notwithstanding that any person who is entitled to be a member by the reason of his office, is not a member of the Executive Committee for the time and notwithstanding any other vacancy in the Committee, whether on account of non-nomination by the authority entitled to nominate or otherwise and no act or proceeding of the executive committees shall be invalidated merely by reason of the happening of any of the above events or defects in the nomination of any of it’s members.

(20) Proceeding of the Executive Committee

Every meeting of the Executive Committee shall be presided over by the President and in his absence by the Senior most Principal Secretary/Secretary present in the meeting, and in the absence of the both, by a member chosen by the members present at the meeting to chair for the occasion.
One third of the members of the Executive Committee present in person shall constitute a quorum at the meeting of the Executive Committee provided that no quorum shall be necessary in respect of an adjourned meeting
Except as otherwise provided in these rules, all meetings of the Executive Committee shall be called by the notice of not less than fifteen clear days under the signature of the Member Secretary provided that :

The President may call an emergency meeting at a notice of five days
Non-receipt of notice by any members shall not invalidate the proceeding of the meeting.

Every notice for meeting of the Executive Committee shall State the date, time and place at which such meeting will be held and shall, except and otherwise provided in these rules , be under the signature of the member secretary.
The Executive Committee shall meet as often as necessary but at least once on each quarter of the year.
Each member of the Executive Committee, including the President shall have one vote and if there be an equality of votes or any question to be decided by the Executive Committee, the President or in his absence the members presiding the meeting shall in addition have a casting vote.
It shall be the responsibility of the Executive Committee to endeavor to achieve the objects of the Parishad and to discharge all its functions. The Executive Committee shall exercise all the administrative, financial and academic functions in this behalf including powers to create the posts of all description and make appointments thereon in accordance with regulations.
The Executive Committee shall have under its control the management of all the affairs and funds of the Parishad.
The Executive Committee shall have the powers and responsibilities in respect of the following:
To frame regulations with the approval of the State Government.
To frame by-laws for the conduct of activities of the Parishad in furthering its objectives.
The Executive Committee shall have the powers to enter into contracts, agreements, arrangement with other public organizations or individual for furtherance of the objects of the Parishad.
The Executive Committee shall have the powers for securing and accepting or providing endowments, grants-in-aid, donation, gifts on behalf of the Parishad on mutually agreed terms and conditions provided that condition of such grant-in-aid, donations, gifts shall not be inconsistent or in conflict with the objects of the Parishad or with the provisions of these rules.
The Executive Committee shall have the powers to take over and acquire by purchase, gift or otherwise from government and other public bodies and private individuals, movable or immovable properties or other funds together with any attendant obligations and engagements not inconsistent with the objects of the Parishad and the provisions of these rules.

(21) Property and assets

The income and property of the Parishad, however, acquired shall be applied towards promotion of the objects thereof as put forth in the Memorandum of Association, subject nevertheless in respect of the expenditure of grants made by the Government of Uttarakhand to such limitations as the government may, from time to time , impose. No portion of the income and property of the Parishad shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise, howsoever by way of profit, to the person who at any time have been members of the Parishad or to any of them or to any person claiming through them provided that nothing herein contained shall prevent the payment in good faith of remuneration to any members thereof or other persons in return for any service rendered to the Parishad for travelling allowance, halting or other similar charges on accordance with the rules and regulations of the Parishad.
The Executive Committee will be entitled to review the financial aspects of projects during consequent meetings.
Subject to the provisions of Societies Registration Act, 1860, the Executive Committee shall have the powers to sell or lease any movable or immovable property of the Parishad provided, however, that no assets of the Parishad created out of Government grants shall without the prior approval of government be disposed of, encumbered or utilized for purpose other than those for which the grant was sanctioned.
The Executive Committee shall have the powers to establish and spell out the member of standing/adhoc committees or task force/group etc. for various areas of the higher education programme and decide in regard to their membership, powers and functions.
The Executive Committee may by the resolution appoint advisory board or any other special committees for such purposes and with such powers as the Executive Committee may think fit. The Executive Committee may also dissolve any of the committees & advisory bodies, set up by it.
The Executive Committee may delegate, to President, Project Director or any of it’s members and/or to a committee/group or any other officer of the Parishad such administrative , financial and academic powers and impose such duties as it deems proper and also prescribe limitations within the powers and duties are to be exercised or discharge.

(22) Regulations

Subject to any specific directions of the Parishad and keeping in view overall advice of the State Government, the Executive Committee shall have the powers to frame and amend Regulations. The Executive Committee shall have the powers to frame and amend Regulations, not inconsistent with these rules, for the administration and management of the affairs of the Parishad and without prejudice to generality of this provision, such Regulations may provide for the following matters :

Service matters pertaining to officers and staff including creation of posts, qualifications, selection procedures, service conditions, pay and emoluments.
Important financial aspects including formulation of budget, purchase procedure, delegation of financial powers, investments of funds, maintenance of accounts and audit, T.A. & D.A. Rules etc: and
Such other matters as may be necessary for the furtherance of the objects and proper administration of the affairs of the Parishad.

Provided that for the purpose of this rule, following guidelines would be kept in view while, creating new post and formulating the service and financial Regulations.

Scales of the pay in respect of the posts to be created by the Executive Committee shall correspond to State government scales of pay.
Mode of recruitment in respect of the post to be created for the Parishad shall be either transferred on deputation or short-term contract. For work related specific assignment, persons would be deployed on fixed emoluments with provision for revision each year if considered appropriate.
In the management structure, staff which may impose permanent liability on the government shall not be appointed,
Till such time, the Parishad formulated its own set of regulations; the decisions taken by the Executive Committee in all such matters will be carried out.
The reservation policy as laid down by the State Government shall be followed.

(23)By laws

Subject to the specific directions of the Parishad and the provisions in these rules and regulations to be framed there under, the Executive Committee shall have powers to frame and amend by-laws for the conduct of the activities of the Parishad for achievement of its objectives in all the relevant matters.

(24) President

The Chief Secretary, Government of Uttrakhand shall be Ex-officio President of the Executive Committee. The President -

Shall ensure that the affairs of the Parishad are run efficiently and in accordance with the provisions of the project, the Memorandum of Association, Rules and Regulation and By laws of the Parishad.
Shall preside over the meetings of the Executive Committee
May himself call, or by a requisition in writing signed by him may require the member secretary to call a meeting of the Executive Committee at any time.
In case the vote for and against on a particular issue are equal, may exercise his casting vote.
Shall be sole and absolute authority to judge the validity of the vote cast by the members of the Executive Committee.
Shall be entitled to invite any other persons to attend the meeting of the Executive Committee provided that such persons shall have no right of voting, and
May direct the member secretary to call a special meeting of the Executive Committee at a short notice, in case of emergency.

(25) Functions and Powers of the Project Director

The Project Director shall be the principal executive officer of the Parishad and shall be responsible for the proper administration of the affairs and funds of the Parishad and implementations of various activities of the educational project in a mission mode under the directions and guidance of the President of the Executive Committee.

For the effective discharge of his functions shall have powers to:

Constitute steering group or committee’s to perform functions assigned to them for fulfillment of objects of Parishad.
Prescribe the duties of all the officers and staff of the Project Directorate.
Exercise such supervision and disciplinary control as may be necessary.
Coordinate and exercise general supervision over the activities of the Project Directorate.
Give directions to Member Secretary of Parishad/Executive Committee to Conduct meeting of Parishad and the Executive Committee and keep record of proceeding of these meeting.
Discharge such other functions as may be assigned to him by the Parishad/ Executive Committee in furtherance of the objects of the Parishad.

(26) Functions and Powers of the Additional Project Director

On behalf of Project Director the Additional Project Director shall be responsible for efficient and effective functioning of project activities and utilization of funds made available by Government of India and Government of Uttarakhand.

Additional Project Director will be responsible for implementation of various project activities in mission mode under direction of Project Director.
Conduct regular monthly meetings for monitoring financial and physical progress of project activities.
Coordinate with Government of India, Government of Uttarakhand and other national and State level agencies relating to higher education.
Additional Project Director will be responsible for preparation and finalization of Annual Work Plan & Budget.
Additional Project Director will be entitled to sanction for the various purchase regarding academic/non-academic activities related to project up to Rs. 5 lacs.
Exercise administrative control & supervision over Project Directorate.
Discharge such other functions as may be assigned to him by the Parishad/ Executive Committee in furtherance of the objects of the Parishad.

(27) Funds of the Parishad

(i)The funds of the Parishad shall consist for the following:

Grant-in-aid made by the Central Government and the State Government for furtherance of the objectives of the Parishad.
Contribution from other sources.
Income from the assets of the Parishad
Receipt of the Parishad from other sources, and Grants, Donation, Assistance of any kind from foreign governments and other external agencies/persons/bodies with the prior approval of Central/State Government.

(ii) All funds shall be paid into the Parishad account and shall not be withdrawn except through a cheque signed by such officers as may be duly empowered in this behalf by the Executive Committee.

(28) Accounts and Audit

(i) The Parishad shall maintain proper accounts and other relevant records and prepare annual accounts comprising the receipts and payment accounts as may be prescribed under the Societies Registration act 1860.
(ii) The accounts of the Parishad shall be audited annually by an independent chartered accountant.
(iii) The audited accounts shall be communicated to the Parishad which shall submit a copy of the audit report along with the observations to the Central and State Government.
(iv) Accounts of the Parishad shall also be subject to the provision of the Comptroller of the Auditor General (duties, powers and condition of service) Act 1971, as amended from time to time.

(29) Annual Report

The Annual Report on the working of the Parishad and the Balance Sheet and audited accounts, shall be prepared by the Executive Committee. A draft of the annual report shall be placed before the Parishad for consideration, which after its approval shall submit to the Central and State Government.

(30) Amendments

(i) With the prior approval of the State Government and the Central Government, the Parishad may alter, expand or abridge the purpose for which it is established, or amalgamate the Parishad either wholly or partially with any other society in accordance with the provision of the Societies Registration Act 1860.
(ii) As and when there is any change in the nomenclature of Ministries, Departments, or Institutions and designations mentioned in the rules, such changes shall automatically stand incorporated in these rules.
(iii) If, the Parishad needs to be dissolved, it shall be dissolved as per the rules, provision laid down in the Societies Registration Act 1860.
(iv) On the winding up or dissolution of the Parishad, any assets and property whatsoever, the same shall not be paid to, or distributed amongst the members or the Parishad or any one of them but shall be transferred by the Parishad to the State Government, which will decide about it’s utilization in accordance with provisions of the Societies Registration act 1860.

(31) Common Seal;

The Parishad shall have a common seal as the Executive Committee may approve.

(32) Government’ Powers:

The Centre/ State Government may appoint one or more persons to review the work and progress of the Parishad, and to hold inquiries into the affairs thereof and to report thereon in such manner as the Government may stipulate; and upon receipt of any such report, the Government may issue such directions as it may consider necessary, in respect of any of the matters dealt within the report, and the Parishad shall be bound to comply with such directions. In addition, the Central/State Government may at any time, issue directives on matters of policy to the Parishad and the latter shall comply with such directives. Where there is any divergence of view of the State Government and the Central Government, the views of the Central Government would prevail.

(33) Power to remove difficulties:

If any difficulty arises in giving effect to the provision of this regulation, the government may, by order, as occasion may require, do anything which appears to them to be necessary or expedient for the purpose of removing the difficulty.

State Higher Education CouncilUttarakhand Government

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