Special Report

Salient provisions of HER Bill, 2010

The Higher Education and Research (HER) Bill, 2010, drafted by a high-powered task force comprising legendary legal educationist N.R. Madhava Menon, social scientist Mrinal Miri and educationists Goverdhan Mehta and M. Anandakrishnan, proposes abo-lition of the University Grants Commission (UGC), All India Council for Technical Education (AICTE), National Council for Teacher Education (NCTE) and several other post-indep-endence higher education regulatory organisations and their replacement with a single super regulatory body — the National Commission for Higher Education and Research (NCHER).

The salient provisions of HER Bill 2010:

National Commission for Higher Education and Research

s.4(1). The Central government shall by notification and with effect from such date as may be specified in the notification, establish, for the purposes of this Act, a Commission to be called the National Commission for Higher Education and Research.

s.5. The Commission shall consist of a Chairperson and six members. The office of the Chairperson and three other members shall be whole-timed and salaried. The Chairperson and the other whole-time members shall be scholars being persons of eminence and standing in the field of academics and research possessing leadership abilities, proven capacity for institution building and governance of institutions of higher learning. The Chairperson and other members shall be appointed by the President of India on the recomm-endation of a selection committee consisting of the prime minister, who shall be the chairperson of the committee; speaker of the Lok Sabha; leader of the opposition in the Lok Sabha, minister in-charge of higher education in the government of India; the minister in-charge of medical education in the government of India.

General Council

s.15. The Central government shall, by notification, establish, a General Council, consisting of the following, namely: the Chairperson of the commi-ssion; all members of the commission; the chairperson or vice-chairperson of a State Higher Education Council, as may be nominated by such Council, to represent each State and Union territory…

s.16. The General Council shall make recommendations and advise the Commission in the exercise of its functions.

Collegium of Scholars

s.17(1). There shall be established, by the Central government by notification with effect from such date after the commencement of this Act, a ‘Collegium of Scholars’.

(2). The Collegium shall consist of 30 Fellows, being persons of integrity and eminence in higher education and research.

s.20. The Collegium shall recommend from time to time and in such manner as may be specified under regulat-ions, names of persons, for inclusion in the directory of academics for leadership positions.

Powers and functions of the Commission

s.25(1). The Commission shall, subject to the provisions of this Act, take measures, by regulations, to determine, co-ordinate and maintain standards of higher education and research.

s.29(1). The Commission shall maintain the directory of academics for leadership positions consisting of persons fulfilling standards for leadership positions for appointment as Vice Chancellor or head of Central Educational Institutions not being a college…

Higher Education Financial Services Corporation

s.44(1). The Commission shall establish a Higher Education Financial Services Corporation as a company registered under sub-section (1) of section 25 of the Companies Act, 1956.

s.45(1). The Corporation shall disburse, in accordance with the norms and principles specified by regulations made by the Commission, grants to higher educational instit-utions; and perform such other functions incidental and related to disbursal of grants.