Structure, organization and functioning of Statutory, Regulatory and various Quasi- Judicial bodies in Himachal Pradesh

Structure, organization and functioning of Statutory, Regulatory and various Quasi- Judicial bodies in Himachal Pradesh:-

Statutory bodies in Himachal Pradesh:-

Statutory bodies are established by acts which Parliament and State Legislatures can pass. These bodies are entities shaped by an Act of Parliament or state legislatures and set up by the government to consider the data and make judgments in some arena of activity. Basically, a statutory body is an organisation of government which is not demarcated in Constitution of India but it gets its powers, service rules, authority by an act of parliament or state legislatures. They are generally established to perform specific functions which a government considers effectively performed outside a traditional departmental executive structure. They fulfil the requirement for some operational independence from the government; funding arrangements that are not dependent on the annual appropriations processes; or to establish a separate legal body. Statutory bodies are normally set up in countries which are ruled under parliamentary democracy form of political setup. Under law, statutory bodies are organisations with the authority to monitor that the activities of a business and check whether these institutions are legal and follow official rules. For example, the General Medical Council is the statutory body which regulates doctors.

State Council of Educational Research & Training, Solan-Himachal Pradesh:-

Background:-

College of School Education was established in Solan in 1954
Converted into State Institute of Education (SIE) in 1970
SIE was entrusted the task of preparing programmes and policies from Primary Level to Senior Secondary Level by the State Government
SIE was restructured as SCERT on the pattern of NCERT in 1984
SCERT was converted into society in 1997 with a provision of grants-in-aid by the Government
The grants-in-aid was not released well in time hence the staff remained without salary for months together
In view of the above difficulties State Government reviewed the situation and agreed to meet the salary and other requirements like office expenses, travelling expenses from the budget of Higher Education
Budgetary allocation by the Government is hardly enough to qualify for functional autonomy hence its status and role has been reduced to any other Educational Institution

Objectives:-

To improve the quality of education in the State by imparting in-service training to teachers , teacher-educators, administrators and other educational personnel
To provide academic leadership within the State and act as the hub of academic research, innovation and motivation by organizing workshops and seminars on various issues
To be a symbol of quality and to provide valuable insights by conducting studies on issues related to quality education in the State

Desired Roles and Functions:-

To act as an apex body on school education in pursuance of the recommendations of National Policy on Education-1986 (NPE-1986)
To be an umbrella body over all DIETs in the State to implement and monitor all the National Educational Programmes
To undertake training programmes, evaluation and research work in the field of School Education
To organize in-service programmes for teachers, teacher-educators, administrators and ministerial staff
To review and develop curriculum, text-books and training material for in-service training programmes
To conduct extension activities in Special Education, Population Education, Adolescent Education, Environment Education etc.
To develop teaching aids, audio-visual aids, script materials and themes for radio programmes on Population and Adolescent Educaion
To Implement programmes of Pre-school Education, Inclusive Education, Women Education, Work Experience and Vocational Education
To conduct Educational Surveys from time to time, last being 7th All India School Education Survey
To conduct National talent Search Examination (NTSE) every year
To offer academic guidance to DIETs and other Educational Institutions
To organize Science Popularisation Activities such as seminars, science exhibitions and science fairs for school children
To Undertake projects entrusted by Ministry of Human Resource Development (MHRD), National Council of Educational Research and Training (NCERT), Regional Institute of Education (RIE) and Ministry of Environment and Forestry (MoEF)

State Council for Science, Technology and Environment, Himachal Pradesh, India:-

Objectives:-

To advise State Govt. on Science, Technology & Environment related issues & interventions.
To develop, demonstrate & transfer appropriate technologies for the State.
To pool and exchange scientific knowledge from National & International scientific Institutions/organisations for the development of the State.
To promote, popularise and disseminate Scientific & Technological Innovations.
To create and strengthen science & technology facilities in the state.
To promote research & development studies relevant to state needs.
To establish linkages with Universities and R & D Institutions.
To provide consultancy services in successfully demonstrated/developed technologies.

Bodies of Council:-

General body of the State Council is the Highest decision making body of the State Council for Science, Technology and Environment, HP. Hon’ble Chief Minister is the Chairman and Hon’ble Minister for Science & Technology is the Vice Chairman of the General Body of the Council. Secretary Environment, Science & Technology to the Govt. of HP is Member Secretary of the General Body and members from Govt. Non-Govt. & scientific organisations both central and state are the members of the General body. The Executive Committee [EC] of State Council looks after the administration of the Council and is responsible for the executive function of the State Council for Science, Technology & Environment, HP. The Secretary [S&T], to the Govt. of HP is the Chairman of the Executive Committee of the State Council. The Member Secretary, State Council for Science, Technology & Environment, HP of the Council is the executive head of the organisation.

Finances:-

The Core funding to the Council is provided by Govt. of Himachal Pradesh. & Department of Science & Technology, Ministry of Science & Technology, Govt. of India. However, the project funding is also provided by following organisations:

Ministry of Non-Conventional Energy Sources, Govt. of India.
Ministry of Environment & Forests, Govt. of India.
Department of Space, Govt. of India.

Linkages:-

I.State Development Departments: The Council involves State Govt.partments in implementing successful technologies and provide scientific inputs to the line departments.

II.State S&T Institutions: The Council has linkages with three state Universities, R&D Institutions and educational institutions and other Govt. of India Department/Institutions/Organisation. A number of programmes are implemented through these institutions.

III.National & International Linkages: Council takes the assistance of National & International scientific institutions in implementing various science & technology programmes in the state.

Rules & Regulations:-

Personnel Recruitment Procedure

The appointment to scientific posts in the Council are made on regular, deputation and on contract basis. The posts are advertised for recruitment in the Council subject to vacancy in the Council and as per the requirement and according to the rules framed. Chairman and Member Secretary[EC] are appointed by Govt. of H.P.

Personnel Policy

The regular employees of the Council are given all the benefits as are available to their counterparts in the State Govt. Employees Provident Fund is introduced w.e.f. 1994. There is no pension scheme for employees at present.

Professional Development

The regular scientific staff have the opportunities for professional development.

Promotional Avenues

Recruitment and Promotion[R&P] rules have been finalised for scientists upto Principal Scientific Officer level. The R&P rules have been framed for administrative staff.

Mobility

The regular scientific & administrative staff have the option to join other departments on deputation or permanent basis.

Regulatory bodies in Himachal Pradesh:-

A regulatory body also called regulatory agency is a public authority or a government agency which is accountable for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity. It is established by legislative act in order to set standards in a specific field of activity, or operations, in the private sector of the economy and to then implement those standards. Regulatory interventions function outside executive observation. Because the regulations that they adopt have the force of law, part of these agencies’ function is essentially legislative; but because they may also conduct hearings and pass judgments concerning adherence to their regulations, they also exercise a judicial function often performed before a quasi-judicial official called an administrative law judge, who is not part of the court system. Some independent regulatory agencies perform investigations or audits, and some are authorised to fine the important parties and order certain measures.

H.P. Private Educational Institutions Regulatory Commission :-

The H.P. Private Educational Institutions Regulatory Commission has been established by the Govt. of Himachal Pradesh under Section 3 of the Himachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2010 for the purpose of providing a regulatory mechanism in the State and for working as an interface between the State Government and Central Regulatory Bodies for ensuring appropriate standards of admission, teaching examination, research and protection of interest of students in the Private Educational Institutions and for matters connected therewith or incidental thereto.

The Himachal Pradesh Private Educational Institutions Regulatory Commission envisages its role as a facilitator and partner with Govt., Central regulatory bodies and institutions for quality higher education with the following Vision :

“To Make Himachal Pradesh a recognized hub and a preferred choice of students for Quality Higher Education”.

Function of H.P. Private Educational Institutions Regulatory Commission :-

(1)It shall be the duty of the Commission to ensure that standards of admission, teaching, examination, research, extension programme, qualified teachers and infrastructure, are being maintained by the Private Educational Institutions in accordance with the guidelines issued by the Regulatory Bodies of the Central Government or the State Government or by the Central Government or the State Government from time to time. In case of failure of the Educational Institution to meet the standards laid down, the Commission shall have the power to penalize the Educational Institutions under section 11 of the Act and in case of successive failure of an Institution to meet the standards, the Commission may recommend to the State Government/ Regulatory Body for the winding up of the Institution.

(2) The Commission shall ensure that the admissions in the Private Educational Institutions are based on merit achieved in National Common Entrance Test or the State Common Entrance test or any other test as notified by the State Government and where there is no National Level Common Entrance Test, or State Level Common Entrance Test or any other test, the merit shall be determined strictly on the basis of the marks obtained in the qualifying examination.

(3) The Commission shall develop an appropriate mechanism for receipt and redressal of grievances of students and parents, and direct the private institution to set-up a proper Grievances Redressal mechanism for redressal of complaints reported to the Commission. Such complaints shall be addressed within the time fixed by the Commission with details of the steps taken by the institution to redress such complaint.

(4) The Commission may conduct inspections of Private Educational Institutions as and when required and may form expert committees, for inspections of Private Educational Institutions.

(5) The Commission shall have the power to monitor and regulate fees in Private Educational Institutions.

HP, REAL ESTATE REGULATORY AUTHORITY:-

Government of India has enacted the Real Estate (Regulation and Development) Act, 2016 . Under this Act, Government of Himachal Pradesh is yet to establish Real Estate Regulatory Authority (RERA) HP for regulation and promotion of real estate sector in the State of Himachal Pradesh.

The major objective of the Authority will be regulation and promotion of the real estate sector with the intention to bring transparency in the real estate business by insisting mandatory disclosure of project details to the property buyers. It also aims to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto. Without registering the project with the Authority, no advertisements shall be issued and no advance or deposits shall be accepted without executing agreement with buyers. Registration of all real estate agents with the Authority is mandatory under the Act.

HP Electricity Regulatory Commission:-

The functions of the Commission as stated under the Section 86 of the Electricity Act,

2003 are as follows:

The State Commission shall discharge the following functions, namely: –

Determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the State: Providing that where open access has been permitted to a category of consumers under section 42, the State Commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers.
Regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through 46 agreements for purchase of power for distribution and supply within the State;
Facilitate intra-state transmission and wheeling of electricity;
Issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the State;
Promote cogeneration and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licence;
Adjudicate upon the disputes between the licensees, and generating companies and to refer any dispute for arbitration;
Levy fee for the purposes of this Act;
Specify State Grid Code consistent with the Grid Code specified under clause (h) of sub-section (1) of section 79;
Specify or enforce standards with respect to quality, continuity and reliability of service by licensees;
Fix the trading margin in the intra-State trading of electricity, if considered, necessary;

Discharge such other functions as may be assigned to it under this Act.

The State Commission shall advise the State Government on all or any of the following

matters, namely :-

Promotion of competition, efficiency and economy in activities of the electricity industry;
Promotion of investment in electricity industry;
Reorganization and restructuring of electricity industry in the State;

Matters concerning generation, transmission , distribution and trading of electricity or any other matter referred to the State Commission by that Government.

The State Commission shall ensure transparency while exercisingits powers and discha-

rging its functions.

In discharge of its functions the State Commission shall be guided by the National Elect-

ricity Policy, National Electricity Plan and tariff policy published under section 3.

Quasi Judicial Bodies:

Quasi-judicial bodies are institutes which have powers analogous to that of the law imposing bodies but these are not courts. They primarily oversee the administrative zones. The courts have the power to supervise over all types of disputes but the quasi-judicial bodies are the ones with the powers of imposing laws on administrative agencies. These bodies support to lessen the burden of the courts. Quasi-judicial activity is restricted to the issues that concern the particular administrative agency. Quasi-judicial action may be appealed to a court of law. These organizations generally have authorities of settlement in matters like breach of discipline, conduct rules, and trust in the matters of money or otherwise. Their powers are usually limited to a particular area of expertise, such as financial markets, employment laws, public standards, immigration, or regulation. Awards and judgements of a quasi-judicial bodies often depend on a pre-determined set of rules or punishment depending on the nature and gravity of the offence committed. Such punishment may be legally enforceable under the law of a country, it can be challenged in a court of law which is the final vital authority.

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