The Haryana Assembly on Monday passed a new bill allowing the state government to appoint an administrator in private universities. The Haryana Private Universities (Amendment) Bill permits the government to dissolve university management and take over operations under specific circumstances, including matters of national security.
Higher Education Minister Mahipal Dhanda introduced the legislation on Friday. The Assembly debated and passed the bill on Monday.
Trigger for the Bill
The government introduced the bill following the recent uncovering of a terror module. The Jammu and Kashmir Police, in collaboration with Uttar Pradesh and Haryana counterparts, busted a “white collar” terror network. Investigators traced connections to Faridabad’s Al Falah University. Some university faculty members were linked to a blast near Delhi’s Red Fort last month.
Government’s Special Powers
The bill grants the government special powers in what it terms “certain circumstances.” These circumstances allow for intervention if a private university is involved in serious misconduct. This includes actions affecting national security or public interest.
Specific Circumstances for Intervention:
- Involvement in grave lapses related to national security , sovereignty, or integrity of India.
- Issues concerning public security, law, and order.
- Use or misuse of university premises for unlawful or anti-national activities.
- Any serious act prejudicial to public interest.
- Financial mismanagement, maladministration, or academic compromise.
- Regulatory violations or governance failures.
- Any act, omission, or misconduct severely affecting university functioning, integrity, or standards.
Changes to Existing Law
The bill amends the Haryana Private Universities Act, 2006. It specifically modifies Sections 44 and 44A. These sections previously lacked a clear procedure for dissolving a university or appointing an administrator. The new legislation inserts a new Section 44B to streamline these processes. This aims to provide a clear legal framework for government intervention.
Penalties for Violations
The bill outlines several penalties for universities found guilty of maladministration, misinformation, or failing to maintain standards. These penalties can significantly impact a university’s operations and financial stability.
Sanctions Include:
- Stopping admissions in one or more faculties.
- Financial penalties ranging from a minimum of ten lakh rupees to a maximum of one crore rupees .
- Dissolution of the university in a phased manner.
Role of the Administrator
If a university faces dissolution, the government will appoint an Administrator. This individual will oversee, manage, and regulate the university’s affairs during the phased dissolution. The Administrator assumes all powers and duties typically held by the Governing Body and the Board of Management under the Act. Upon appointment, all university assets and properties legally transfer to the Administrator, who then exercises full control and management over them.
Opposition Concerns
During the Assembly discussion, Congress members raised concerns about the bill’s provisions. Raghuvir Singh Kadian and B B Batra, both Congress members, urged the government to clearly define the criteria for appointing an administrator under these “certain circumstances.” They sought greater transparency regarding who qualifies for such a critical role.