Bare ActsThe Odisha State Higher Education Council Act, 2017

Section 3

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In this Act, unless the context otherwise requires,-— (a) “Affiliation” together with its grammatical variations, includes, in relation to a college, recognition of such College orInstitution by a University or association of such college or Institution with a University or admission of such College or Institution to the privileges ofa University; (b) “Chairperson” meansthe Chairperson of the Council; (c) “College” means any Higher Educationalinstitution affiliated to a University; (d) “Council” means the Odisha State Council for Higher Education; (e) “Degree” means'an award, granted by a University or Institution empowered by or underlaw to do so, certifying that the recipient has successfully completed a course of study; (f) “Government” means the Government of Odisha; (g) “Higher education” means such education, imparted by means of conducting regular classes or through distance education systems, beyond twelve years of schooling leading to the award of a degree or diploma; (h) “Member” means a Memberof the Council and includes its Chairperson and Vice-Chairperson; (i) “State University” means a University in Odisha, or constituent units thereto, promoted and maintained, either directly or indirectly, by the Government, and established or incorporated by or under the State Act; (j) “University: means a University established or incorporated by or under a Central Act or a State Act and includesanInstitution deemed to be a University: (k)“Vice-Chairman” means the Vice-Chairman of the Council; and (1) “Vice- Chancellor’ meansthe Chief Executive of a State University. Establishment of Odisha State Higher Education Council and Its composition. CHAPTERII ODISHA STATE HIGHER EDUCATION COUNCIL 4.(1)There shall be established a Council by the name “the Odisha State Higher Education Council” to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a commonseal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable , and to contract, and shall sue and be sued by the said name. (S) (3) The headquarters of the Council shall be at Bhubaneswar. (4) The Council shall consist of the following members, namely:— (a) a Chairperson, whois the Minister in charge of Higher Education; (b) a Vice-Chairperson, who is or has been an Administrator with proven academic record andin the rank of a Professor and shall be appointed by the Governmentin the mannerprovided in sub-section (5); (c) fifteen other members, out of whom three shall be Vice-Chancellors of different Universities of the State to be nominated by the Government, two Principals of Autonomous Colleges to be nominated by the Government, one nominee of the Governmentof India, two eminent scientists or experts in Social Science and seven persons who have special knowledge in the field of arts, science and technology, culture; civil society or industry and are persons of eminence, ability and integrity to be nominated by the Government; and (d) a Member-Secretary. Selection of Member Secretary and Vice-Chairperson shall be done through a Search Committee to be appointed by the Governmentfor the purpose. ’ - A Search Committee referred to in sub-section(5) shall consist of three _members with the Development Commissioner-cum-Additional Chief Secretary as the Chairperson, a retired Vice-Chancellor or a retired Chief Secretary as member and Secretary in charge of Higher Education Department, Government of Odisha as memberconvener. ° Establishment of Odisha State Higher Education Council and Its composition. CHAPTERII ODISHA STATE HIGHER EDUCATION COUNCIL 4.(1)There shall be established a Council by the name “the Odisha State Higher Education Council” to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a commonseal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable , and to contract, and shall sue and be sued by the said name. (S) (3) The headquarters of the Council shall be at Bhubaneswar. (4) The Council shall consist of the following members, namely:— (a) a Chairperson, whois the Minister in charge of Higher Education; (b) a Vice-Chairperson, who is or has been an Administrator with proven academic record andin the rank of a Professor and shall be appointed by the Governmentin the mannerprovided in sub-section (5); (c) fifteen other members, out of whom three shall be Vice-Chancellors of different Universities of the State to be nominated by the Government, two Principals of Autonomous Colleges to be nominated by the Government, one nominee of the Governmentof India, two eminent scientists or experts in Social Science and seven persons who have special knowledge in the field of arts, science and technology, culture; civil society or industry and are persons of eminence, ability and integrity to be nominated by the Government; and (d) a Member-Secretary. Selection of Member Secretary and Vice-Chairperson shall be done through a Search Committee to be appointed by the Governmentfor the purpose. ’ - A Search Committee referred to in sub-section(5) shall consist of three _members with the Development Commissioner-cum-Additional Chief Secretary as the Chairperson, a retired Vice-Chancellor or a retired Chief Secretary as member and Secretary in charge of Higher Education Department, Government of Odisha as memberconvener. ° Establishment of Odisha State Higher Education Council and Its composition. CHAPTERII ODISHA STATE HIGHER EDUCATION COUNCIL 4.(1)There shall be established a Council by the name “the Odisha State Higher Education Council” to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a commonseal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable , and to contract, and shall sue and be sued by the said name. (S) (3) The headquarters of the Council shall be at Bhubaneswar. (4) The Council shall consist of the following members, namely:— (a) a Chairperson, whois the Minister in charge of Higher Education; (b) a Vice-Chairperson, who is or has been an Administrator with proven academic record andin the rank of a Professor and shall be appointed by the Governmentin the mannerprovided in sub-section (5); (c) fifteen other members, out of whom three shall be Vice-Chancellors of different Universities of the State to be nominated by the Government, two Principals of Autonomous Colleges to be nominated by the Government, one nominee of the Governmentof India, two eminent scientists or experts in Social Science and seven persons who have special knowledge in the field of arts, science and technology, culture; civil society or industry and are persons of eminence, ability and integrity to be nominated by the Government; and (d) a Member-Secretary. Selection of Member Secretary and Vice-Chairperson shall be done through a Search Committee to be appointed by the Governmentfor the purpose. ’ - A Search Committee referred to in sub-section(5) shall consist of three _members with the Development Commissioner-cum-Additional Chief Secretary as the Chairperson, a retired Vice-Chancellor or a retired Chief Secretary as member and Secretary in charge of Higher Education Department, Government of Odisha as memberconvener. ° Terms$"6foffice and cenditions of service of Chairperson and Members SSR Ce : 6 5.(1) The Chairperson and every Membershall hold office for such period not exceeding six years;'as may be specified by the Governmenttn this behalf: Provided that the Members other than the Chairperson shall cease to hold office on attaining the age of seventy years. (2) A Member may, by writing under his hand, addressed to the Government, resign from the office of Memberat any time: (3)The Government may remove a person from the office of Member, if that person,— (a) becomesan un-discharged insolvent; or (b) has engaged himself, at any time during his term of office, in any paid employment outside the duties of his office; or (c) has becomephysically or mentally incapable ofofficiating as member, or (d) is of unsound mind and stands so declared by a competent court; or . “(e) is convicted of an offence which,in the opinion of the Government, involves moral turpitude: or (f) has acquired such financialor otherinterestasis likely to affect ‘ prejudicially the exercise of his functions; or (g) has so abusedhis position as to render his continuancein office prejudicial to the public interest; or (h) has been guilty of proved misbehaviour, or (i) has, in the opinion of the Government, so abused the position of Memberas to renderthat persons continuancein office is detrimental to the interest of public: Provided that no person shall be removed underthis clause until that person is given an opportunity of being heard in the matter. (4) A vacancy caused undersub-section (3) or otherwise shall befilled afresh and the Government shall, to the extent possible, initiate the process offilling of any vacancy due to arise before a period of six months from the date of arising of such vacancy. (5) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairpersons and Members, shall be such, as may be determined by the Government, from time to time. Terms$"6foffice and cenditions of service of Chairperson and Members SSR Ce : 6 5.(1) The Chairperson and every Membershall hold office for such period not exceeding six years;'as may be specified by the Governmenttn this behalf: Provided that the Members other than the Chairperson shall cease to hold office on attaining the age of seventy years. (2) A Member may, by writing under his hand, addressed to the Government, resign from the office of Memberat any time: (3)The Government may remove a person from the office of Member, if that person,— (a) becomesan un-discharged insolvent; or (b) has engaged himself, at any time during his term of office, in any paid employment outside the duties of his office; or (c) has becomephysically or mentally incapable ofofficiating as member, or (d) is of unsound mind and stands so declared by a competent court; or . “(e) is convicted of an offence which,in the opinion of the Government, involves moral turpitude: or (f) has acquired such financialor otherinterestasis likely to affect ‘ prejudicially the exercise of his functions; or (g) has so abusedhis position as to render his continuancein office prejudicial to the public interest; or (h) has been guilty of proved misbehaviour, or (i) has, in the opinion of the Government, so abused the position of Memberas to renderthat persons continuancein office is detrimental to the interest of public: Provided that no person shall be removed underthis clause until that person is given an opportunity of being heard in the matter. (4) A vacancy caused undersub-section (3) or otherwise shall befilled afresh and the Government shall, to the extent possible, initiate the process offilling of any vacancy due to arise before a period of six months from the date of arising of such vacancy. (5) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairpersons and Members, shall be such, as may be determined by the Government, from time to time. Officers and « other employeesof the Council. Vacancies, etc., nol to invalidate the proceedings of the Council. Procedure to be regulated by the Council Powers and functions of the Council. 7

Section 3 – The Odisha State Higher Education Council Act, 2017 | DailyLaw.ai