The Union Ministry of Human Resource Development (MHRD) today announced draft legislation to create an overarching supervisory body for higher education.
The body — the National Commission for Higher Education and Research (NCHER) — will replace the existing statutory bodies, the University Grants commission (UGC), All India Council for Technical Education (AICTE) and National Council for Teacher Education (NCTE).
Also, the UGC Act, 1956; AICTE Act 1987; and the NCTE Act, 1993, states the draft Bill, will be repealed within a year of implementing the NCHER Act. The UGC, AICTE and NCTE will not take any decision without NCHER permission during the period between repeal and the commencement of the NCHER Act.
The proposed body will specify norms and standards for grant of authorisation to a university or a higher educational institution to commence its academic operations.
“No university or institution empowered by, or under law to award any degree or diploma established after the coming into force of this Act, shall commence academic operations unless it is so recognised. The new institution will furnish documents on accreditation when applying for authorisation,” states the draft Bill, which has been put up on the MHRD’s website.
Existing universities, including deemed ones, shall be deemed to have been authorised under the NCHER Act, unless the status is revoked.
The NCHER will maintain a national registry with names of eligible persons for the post of vice chancellors. In case of a vacancy, the NCHER will suggest five names from the registry for the post, for both central and state universities.
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On an institute applying for authorisation to begin operations, after clearance from a registered accreditation agency, says the draft Bill, the NCHER gets 30 days to either reject it or declare an intent to grant it. Then, it will invite public comments and objections through its website. The application will have to be decided within the next four months, with objections to be recorded in writing.
Authorisation may be later revoked, in accordance with a procedure. The NCHER will also have the power of a civil court in deciding to summon and examine a person.
The draft says the Right To Information (RTI) Act shall apply to each university.
The NCHER is to also develop a ‘national curriculum framework’, besides guiding universities in revising syllabi. It will specify academic criteria for both teaching and research. And, decide the norms for financing higher education and allocation of central grants. Its annual report on the state of higher education will be tabled in Parliament.
The Act’s provisions will not restrict the power of the Bar Council of India in specifying standards concerning practice in courts. “Parliament may review the NCHER Act, 10 years from its commencement date,” adds the draft.
The government had referred to the creation of this body during last year’s Budget. The draft follows recommendations from the National Knowledge Commission (NKC), the Yash Pal committee and another government-appointed task force.
Proposed composition
The NCHER will comprise seven members, including the chairperson. They will all be appointed by the President on the recommendation of a five-member committee headed by the Prime Minister and incljuding the opposition head in the Lok Sabha. The chairperson and three others will be full-time members, all scholars with standing in academics and research. The salaries and allowances of the whole-time members other than the chairperson shall be the same as an election commissioner.
A collegium will aid, advise and make recommendations to the Commission for coordination, maintenance of standards in and promotion of higher education and research. It shall recommend names of eligible persons for inclusion in the national registry of prospective vice chancellors to be maintained by the NCHER.