Assam State Higher Education Council Act, 2017

No: 21 Dated: Apr, 11 2017

Assam State Higher Education Council Act, 2017

(Assam Act No. 21 of 2017)

    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.

    Preamble:- 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:-

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

(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.

2. Definitions. - In this Act, unless there is anything repugnant to the subject or 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 section20;

(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 means the courses of Master Degree;

(i) "Higher Education" means education, whether professional, 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.

3. Constitution of the Council. - (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.