The Nagaland State Council of Higher Education Act, 2014

The Nagaland State Council of Higher Education Act, 2014 
(Act No. 6 of 2014) 

Received the assent of the Governor omagaland on 25.4.2014 and published 
in the Nagaland Gazette extra-Ordinary dated 23.5.14. 

(An Act to provide for the setting up of the Nagaland State Council of Higher 
Education) 

PREAMBLE. 

WHEREAS, it is expedient to establish a State Higher Education Council as a 
collective of the Government, Universities, Colleges,Acadernics and Experts in order 
to forge a synergic relationship among them by occupying an operational space in 
between the Government, Universities and colleges, and betweenuniversities and apex 
level regulatory bodies. With the following objectives: 

i) Promote academic excellence and social justice by the Govemment in policy 
formulation and perspectrve planrung. 

ii) Ensuring the autonomy, accountability and co-ordination among all 
institutions of Higher Education in the State, and 

ii) Guiding the harmonious growth of Higher Education in accordance with the 
socio-economic needs of the State. 

And WHEREAS, in order to achieve the above said objectives, it is necessary to 
empower theNagaland State Council of Higher Education to: 
N) Review and coordinate the implementation ofpolicies in all Higher Education 

Institutions in the State including Universities, Research Institutions and 
colleges. 

v) Network various programmes in Higher Education undertaken and 
uromoted bv the Central and State Governments and bvNationa1 Level 
Regulatory bodies including the 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. 

w) Undeaake independentwork for the generation, diffusion and dissemination 
of new ideas in Higher Education. 



i Provide common facilities for all Universities, Research Institutions, 
Colleges, and other centres of Higher Education. 

viiii Provide for the generation, augmentation and optimum utilization of funds 
for the expansion and development of Higher Education, and 

ix) Undertake such other programmes for promoting the objectives of Social 
Justice and excellence in Higher Education. 

x) Be it enacted by the Nagaland State Legislature in the Sixty fifth year of 
the Republic of India as follows:- 

1. Short title, Extent and commencement. 
i) This Act may be called the Nagaland State Higher Education Council 

Act, 2014. 
ii) It shall extend to the whole of the State ofNagaland. 

ii$ It shall come into force on the date of its Publication in the Official Gazette 
of the Govt. of Nagaland. 

2. Definitions. 
In this Act, unless the context otherwise requires:- 

9 "Chairman" means the chairman of the Council. 
ii) "College" means any college or institution approved by, or &liated to 

any Universitywithin the State ofNagaland and provides courses of study 
for admission to the examination of the University and inclusive of 
autonomous colleges. 

mi "Council" means the Nagaland State Council of Higher Education, 
constituted under Section - 3. 

iv) "Executive Committee" means the Executive Committee of the Council; 
v) "Member Secretary" means the Member Secretary of the Council; 
w] "Govemment"means the Government of Nagaland; 

i "Higher Education"means anEducation, whether professional, Technical 
or otherwise, and includes research studies leading to the award of a 
Degree or ~ i ~ l o m a  & Certificate by auniversity or an institution approved 
by the University 

viiii "Institution" means an Academic Institution of Higher Education and 
research, not being a college, associated with and admitted to privileges 
of auniversity or maintained by a University 

bi) "Medical Council of India7'means the Council constitutedunder the Indian 
Medical Council Act. 1956 (Central Act 102 of 1956); 

x) "Member" means a member of the Council or the Executive Committee, 
as the case may be; 

xi "Prescribed" means Prescribed by rules made under this Act. 



) "Regu1ations"means the regulations made by the Council under this Act; 

) "State" means the State ofNagaland; 

xiV) "Statutes""or~cesces'and"Regulation"ofa~verSitymeansrespectively 
the statutes, the ordinances and the Regulations issued under the respective - 
Acts of a University. 

xv) "Teachers" means any regular teacher working ina University, Government 
colleges or Government aided or unaided college or institution whose - - 
appointment has been made or approved by or on behalfof the Government 
or auniversity. 

xvi) "University" means any University in the State established by an Act of 
the State Legislature. 

xvii) 'Vniversity Grants Commission'' means the Commissionestablishedunder 
the University Grants ComrnissionAct,1956 (CentralAct 52 of 1987); 

xviiii "Vice-Chairman" means the Vice Chairmanofthe Council. 

xk) " AU India Council for Technical Education" means the Council constituted 
under the All India Council for Technical EducationAct,1987 (Central 
Act 52 of 1987 ); 

) " Bar Council of India" means the Bar Council constituted under the 
Advocates Act, 1961 (Central Act 25 of 1961); 

mi "Regular Students" means a regular student of auniversity or a college 
affiliated to auniversity, 

3 Constitution of the Council 
(i) The Government shall constitute the council to be called theNagaland 

State Council of Higher Education which shall consist of the following, 
namely:- 



in charge of Department of Higher & 

his representative not below the rank of Joint 
Development Commissioner. 

Woman and belonging to backward tribes of 



(2) The Council be a body corporate by the name aforesaid, having perpetual 
succession out a common seal and shall by the said name and be used. 

(3) The headquarters ofthe Council shall be in Kohima. 

4. Disqualifications. 
(1) No person shall be qualified for nomination or to continue as a member of 

the Council, if on the date of such nominatioflenure, helshe is- 

3 Of unsound mind or deaf, mute; or 
ii) adjudicated as anun-discharge insolvent; 

iii) sentenced by acriminal court to imprisonment for any offence involving 
moral depravity; 

iv) directly or indirectly by himself or his partner has any share or interest in 
any work one by order of, or in any contract entered into on behalf of the 
Council. 

v) A person who has been terminatedJsuspended from any governmerlt or 
universitylorganization on account of mis-conduct or negligence or lack 
of integrity. 

(2) In case of dispute or doubts as to whether apersonis disqualified under 
sub-section (1), the decision ofthe Government shall be final. 

(3) Save as otherwise provided in this Act, no person who is not graduate of 
any University established by law shall be eligible for nomination as a - 

member of the Council under this Act. 
(4) Notwithstanding anything contained in this Act but save as otherwise - - .  - 

provided, any employee of the University, both teaching and non-teaching 
or ministerial or any person in the Management of an affiliated college in - A - 
whatever capacity shall not be eligible for nomination as amember of the 
councilunder thisAct. 

5. Powers and Functions of the Council. 
The powers and functions of the Council shall be as Follows, namely:- 

(A) General Functions. 
(i) It shall render advice to the Government, Universities and other Institution 

of Higher Education within the State; 

(u) It Shall co-ordinate the roles of the Government, Universities and other 
apex regulatory agencies in Higher Education within the State; 

(iii) It shall evolve new concepts, programmes and perspective plans for 
development of Higher Education sou mot0 or on the suggestion by the 
Government or request h m  universities or other Institutionin the State; 



(ii) It shall monitor the progress of implementation of the Development 
programmes of Universities and Colleges taken up in the state with the 
assistance ornational regulatory Agencies; 

(v) It shall promote co-operation and co-ordination of the educational 
institutions amongthemseIves and explore the scope for inter-action with 
industry and other relate agencies; 

(vi) It shall prepare an annual report making self appraisal and showing details 
of its performance; 

(vii) It shall suggest measures forthe academic and monetary accountability, 
integrity andmpnsibility ofthe Universities, colleges, and other Institutions 
of Higher Education in the State; and 

(viii) It shall prepare the annual budget and audited statement of expenditure in 
such manner as may be prescribed. 

(B) Academic Functions. 
(i) It shall suggest measures to ennoble the standard of research projects 

(Minor & Major) in untapped areas/branch of studies amongst students1 
research scholars in the State; 

(ii) It shall encourage and promote innovations in curricular development, 
restructuring of courses and updating of syllabus in the University and the 
colleges; 

i )  It shall co-ordinate the programmes ofautonomous colleges andmonitors 
their implementation; 

(N) It shall devise steps to improve the standard of examinations conducted by 
Universities and suggest necessary reforms; 

(v) It shall facilitatetmining of teachers inuniversities and colleges; 
(C) It shaU promote and monitor publication of qualitytext hooks, monographs 

and reference books, 
(vii) It shall develop programmes for greater academic co-operation and 

interaction between University and college teachers and to facilitate mobiity 
of students and teachers within and outside the State; 

(viii) It shall advise on regulation of admission in Universities, colleges and 
institutions ofHigher Education; 

[i) It shall encoutage sports, games, physical education and cultural activities 
in the Universities and colleges; 

(x) It shall review periodically, the existing guidelines an furnish 
recommendations for regulating admissions to various courses and for 
appointments to the post of Teachers and Teacher-administrators in 
Universities, College and other Institutions of Higher Education. 



(xi) It shall prepare an overviewreport onthe working ofthe Universities and 
Colleges in the State and furnish a copy thereof to the Government and 
such other authorities as the Government may specify; and 

(xii) It shall perform suchother functions for the realization of the objectives of 
equality, equity and excellence in Higher Education. 

(C) Advisory Functions. 
(1) It shall advise the Government on the following :- 
(a) Regarding thenorms, ifany relating to the establishment ofnew Universities 

and Colleges besides additional subjects and departments in the existing 
Universities and Colleges; 

(b) Regarding the Status, ordinances and regulations of Universities in the 
state and to suggest modiicationwherever required to maintainuniformity 
in the administration without prejudice to the autonomy for the academic 
pursuits; 

(c) On any University, College or Institution of Higher Education or any other 
matter relating to Higher Education and research which may be referred 
to the Council; 

(d) In determining the block maintenance grants and to lay down the basis for 
such grants. 

(2) It shall perform any other function necessary for the furtherance of Higher 
Education in the State. 

(D) Powers of the Council. 

(i) It shall prepare a Perspective Plan for Implementation of the policies, 
evolve various programmes and determine the priorities of such 
programmes for implementation; 

(ii) It shall propose general guidelines for the release of grants by the 
Government to Universities and other institutions of higher education and 
advice the Government about the release of such grants to each 
Universities and other institutions of Higher Education; 

(iii) It shall give such directions as may be necessary for effective functioning 
of the Executive Committee in accordance with its objectives; 

(iv) It shall frame guidelines in accordance with this Act and the rules made 
there under; and 

(v) It shall have such other powers as may be prescribed for the effective 
implementation ofthe programmes for the furtherance of the objectives of 
this Act. 



6. Thechairman. 

(I) The Chairman shall have the right to call for report on any matter pertaining 
to the affairs ofthe Council and offer suggestions for the improvement of the 
hctioning ofthe Council. 

(2) The Chairman shall preside over the meetings of the Council and the 
Executive Committee. 

(1) The Vice-Chairman shall preside over themeetings of the Council or the 
Executive Committee in the absence of the Chairman. 

(2) The Vice-Chairman shall exercise such other powers and perform such 
other functions as may be prescribed. 

(3) Any member other than an ex-officio member shall be appointed by the 
Government ordinarily for a term of five years and shall not be eligible for 
reappointment for a second term. 

8. The Member Secretary. 

(i) The Member Secretary shall be responsible for the co-ordination of the 
functions of the Council. 

i The Member Secretary shall exercise such powers and perform such 
functions as may beprescribed. 

9. Tenn of the Council 
(1) The term of the council shall be for aperiod of 5 years: 

(2) Provided that in the event of delay in the constitution ofthe new Council, the 
existing Council may continue for a period of six months from the date of 
expity of term or till the reconstitution of new Council whichever is earlier. 

10. Meetings of the Council. 
(1 ) The Council shall meet as often as may be necessary, at such time and place 

and observe such rules ofprocedure as may be provided in the regulations, 
but it shall meet at least twice a year. 

(2) It shall have power to act, not withtanding and vacancy in the membership 
or any defect in the constitution thereof, and the proceedings of the Council 
shall be validnot withstanding 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 Member Secretary on 
the advice of the chairman. 



(4) The quorum of the meeting of the Council shall be one third of the total 
members ofthe council. The decision of the meeting may be taken by simple 
majority of those present and voting. 

11. Removal from Membership of the Council. 

(I) If, at any point of time, it appearstothe Governmentthat amember appointed 
or nominated has proved himselfto be unfit to hold ofice or has been guilty - - 
of misconduct or neglect which in the opinion of the Government renders 
hisher removal from the membership of the Council. as expedient, the 

A 

Government may, after giving such member a reasonable opportunity of 
showing cause as to why helshe shall not be removed korn the Council and - 
afler examining the same decide whether to continue or remove suchmember, 
as the case may be, from hisher membership and in case of such removal 
korn the membership of the Council, it shall be made by notification. 

(2) The Vice-Chairman or Member Secretary shall not be removed except by 
an order of the State Government posted on the mound of wilful omission - 
or refusal to carry out the provisions of this Act or Rules or Regulations 
made there under or for abuse of the powers vested in hindher after 
consideration of the report of an inquiry ordered by the State Government 
in this behalf. 

12. Filling up of easual vacancy. 
If a casual vacancy arises in the office of a nominated or appointed Member, 
either by reason ofhisiher death, resignation, removal or othenvise, suchvacancy 
shall be filledup by the Government by nomination or appointment as the case 
may be and such Member shall hold ofice only for the remainder of the term of 
the Member in whose place helshe was nominated or appointed. 

13. The Executive Committee. 
There shall he an Executive Committee for the Council which Shall consist of the 
following members namely:- 

i) The Vice-Chairman of the Council 
ii) The Member Secretary of the Council : Member 
m) The Director, Higher Education : Member Secretary 
iv) The State Project Director : Member 

v) Four of the ten academicians of repute 
Who are the members of the Council 
nominated by it by rotation for a period 
of oneltwo years : Members. 



14. Power and functions of the Executive Committee. 
The Executive Committee shall have the following powers and duties, 
namely:- 
(i) It shall be competent to take decision on behalf ofthe Council, subject to 

the concurrence of the Council an all matters with policy implication; 
Provided that in urgent circumstances the Executive Committee may take 
decision subject to ratification by the Council; 

(ii) It shall incur such expenses as are necessary to fdfii the objectives set out in 
this notification and cam out all decisions taken by the Council; 

(iiii It shall present before the Council the annual academic and financial audit 
reports ofthe council for its approval; and 

(iv) It shall such other powers, functions and duties as may be prescribed 

15. Meetings. 
(1) The meetings ofthe Executive Committee shall be convened by the Member 

Secretary on the advice of the Chairman; 
(2) It shall meet as often as may be necessary, at such time and place and 

observe such rules of procedure as may be provided in the rules provided 
that it shall meet at least once in three months. 

(3) The quorum for the meeting of the Executive Committee shall be at least 
half ofthe filled up membership in each body and decisions may be taken in 
the meetings by simple majority o those present and voting. 

(4) The Mce-Chairman of the Council may for the purpose of carrying out the 
objectives ofthenotikation, invitein writing any personwho isnot amember 
of the Council to take part in the dehberations of particular meetings of the 
Executive Committee and any other Body constituted by the council for 
specific purposes as special invitees and such invitees shall have no right to 
vote in the meetings. 

(5) The special invitees shall be paid from and out of the funds of the council 
such sums as may be approved by the Mce-Chairman. 

16. Directions by the Government. 
On therecommendation ofthe Council, or suo-moto the Government may direct 
any univemity with such moditlcation as may be necesssuy to implement the reforms 
in such manner as may be specified therein. Notwithstanding anyhng contained 
in any law for the time being in force, it shall be obligatory on the part of the 
university to implementthe directions given by the Government and to report the 
action taken to the Government and the Council accordmgly. The Council shall 
reviewkom time to time the compliance by the universities, ofthe direction given 
by the Government. 



17. Funds of the council. 

(1) The funds ofthe Council shall include all sums whichmay, fiom time to time 
be paid to it by the government and all other receipts including any sum 
kom the Central Government, the University Grants Commission or any 
other authority, institutions or persons. 

(2) The Government may pay to the Council every financial year such sums as 
may be considered necessary for the functioning of the Council and forthe 
discharge of its responsibilities and duties. 

(3) All expenditure incurred by the Council under or for the purposes of this 
Act shall be defiayed fiom out of the Fund and any surplus remaining, after 
such expenditure has been met, shall be invested in such manner as may be 
prescribed. 

18. Annual Accounts and Audit. 

(1) The account of the council shall be maintained in such manner and m such 
forms as may be prescribed; 

(2) The council shall prepare an annual statement of accounts in such form and 
in such manner as may be prescribed; 

a. The accounts of the council shall be audited once in a year by such auditors 
as the Government may appoint in this behalf; 

b. The Member Secretary to the Councll shall cause the annual audit report to 
be printed and forward aprinted copy thereof to each member and shall 
place such report before the Council for considerahon at its next meeting; 

(5) The Council shall take appropriate action forthwith to remedy any defect or 
irregularity that may be pointed out in the audit report; 

(6) 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 forwarded 
to the governmentwithin such time as may be prescribed; 

(7) The Government shall as soon as may be after the receipt of the annual 
accounts together with the audit report cause the same to be laid before the 
Nagaland Legislative Assembly. 

19. Annual Report. 

(1) The Council shall prepare for every year areport of its activities under this 
Act during that year and submit the report to the Government. 

(2) The Government shall, as soon as may be after the receipt of areport under 
sub-section (I) ,  cause the same to be laid before the Nagaland Legislative 
Assembly. 



20. Protection ofActs done in good faith. 
No suit, prosecution or other legal proceedings shall lie against the Council or 
any member or office or employees of the Council for anything which is done or 
intended to be done in good faith in pursuance ofthe provisions of this Act or 
any rules or regulations made there under. 

21. Staff of the Council. 
The Council may, with prior approval of the Government recruit officers and 
staff from openmarket or bring such officers and staff form the Department of 
Higher & Technical Education and the Government Institutions, as it deems 
necessary for the discharge of its functions under this Act. The terms and 
conditions of service of the officers and staff of the Council shall be such as may 
be specified in the regulations to be framed by the council. 

22. Members and staff of the Council to be public sewants. 
The Chairman, Vice-Chairman, Members, Officers and Staff of the Council 
shall be deemed, when acting or purporting to act in pursuance of any of the 
provisions of this Act or any rule or regulation or order or direction made or - 
issued under thls Act shall be deemed to be public servants within the meaning 
of section -21 of the Indian Penal Code (Central Act-45 of 1860. 

23. Power to make regulations. 
The Council may, with prior approval of the Government, make rules not 
inconsistent with the provisions of this Act and rules made there under for canying 
out all or any of the purposes of this Act 

24. Power to make rules. 
(1) The Government may be notification make rules either prospectively or 

retrospectively for canying out all or any of the purposes of this Ad. 
(2) Every rule made under this Act shall be laid, as soon as may be after it is 

made, before the Nagaland Legislative Assembly. 

25. Power to remove difficulties. 
If any ditficulty arises in giving effect to the provisions ofthis Act, the Government 
may, by order, as occasion may require, do anything not inconsistent with the 
provisions of this Act which appears to them to be necessary or expedient for 
the purpose of removing the difficulty.