X'XXVI J
Registered No. 768/97
THE ASSAM GAZETTE
\5T:Jft ~t~ Cf
EXTRAORDINARY
m~
1-s'~<1 ~ ~ <
PUBLISHED BY THE AUTHORITY
~~ 332 ~~' ~, 29 CDC~, 2005, 7 ~, 1927 (~) No. 332 Dispur. Thursday. 29th September, 2005 , 7th Asvina, 1927 (S .E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH
NOTIFICATION
The 12th September, 2005
No. LG L.20/2005/56.--The following Act of the ~ssam Legislative Assembly which received the assent of the Governor is hereby published for general infom1ation.
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2402 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT 29. 2005
ASSAM ACT NO. XXXVII OF 2005
(Received the assent of the Governor on 7th September, 2005)
THE KRISHNA KANTA HANDIQUE STATE OPEN UNIVERSITY
ACT, 2005
AN
ACT
to provide for the establishment and incorporation of an Open University in the State of Assam for the introduction and promotion of Open University and distance education systems in the educational pattern of the State. Preamble
Short title,
extent and
commence-
ment
Definitions
Whereas it is expedient to provide for the establishment and incorporntion of an Open University in the State of Assam for the introduction and promotion of Open University and distance education systems in the educational pattern of the State and for matter connected therewith or incidental therdo.
It is hereby enacted in the Fifty-sixth Year of the Republic nflndia as follows:
CHAPTER 1
PRElJMINARY
1. (1) This Act may be called the Krishna Kanta Handique Srate Open University Acr, 2005.
(2) It extends to the whole of Assam
(3) It shall come into forl:e on such date as the State Government may. by notification in Official Gazette, appoint.
2. In this Act, unless the context otherwise requires, -
(a) "Academic Council" means the Academic Council of the University:
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THE ASSAM GAZETTE, RXTRAORDINARY SEPT. 29, 2005 2403
~- (b) "authorities" means the authorities constituted under section 16 and the word "authority" wherever it occurs shafl be construed accordingly;
(c) "Board of Management" means the Board of Management of the University;
(d) ''College'' means a college or other academic institution establishment or maintained or admitted to the privileges ofthe University;
' (e) "Distance Education System" means the system of imparting education through any means of
communication such as. broadcasting, te recasting, instruction media or print media, on-line seminars, contact programme or the combination l)f any two or more of such means;
(t) "employee" means any person appointed by the University and includes academic and non -academic staff of the (;niyersity;
~ g) ·'Finance Committee" means the Finance Committee of the University;
(h) "Regional Centre" means a centre established or maintained by the University for the .purpose of co- ordinating and supervising the works o( Study Centres in any region and for performing such other functions as may be conferred on such c·entrcs by the Board of Management;
(i) "Regulations" means the Regulations made by any Authority of the University under this Act for lhe time being in force;
(j) "Statutes and Ordinances" means the Statutes and
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2404 THE ASSAM GAZETTE. RXTRAORDTNARY, SEPT. 29, 2005
Establishment
and
incorporation
of the
University
. _...l Ordinances respectively of the University for the time being in force:
(k) "Student" means a student of the University and includes any person who enrolled himself for pursuing any course of study of the University;
(l) "Study Centre" means a centre established, maintained or recognizt:d for conducting the examination and evaluation by the University and for th~ purpose of advising. counselling or for rendering any other assistance required by the students;
(m) "Teacher" means Professors. Readers, Lecturers and such othe.r persons as may be designated as such by the Ordinances for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University;
(n) "University" means the Krishna Kanta Handiquc State Open University established under section~; ( o) "Vice-Chancellor and Registrar" means the Vice- Chancellor and the Registrar respectively of the /
University.
CHAPTER II
THE UNIVERSITY
3. (l) There shall be established a University by the name of the Krishna Kanta Handique State Open University.
(2) The head-quarter of the University shall be at Guwahati and it may establish, maintain or recognize colleges. Regional Centres and Study Centres at such places in the state of Assam and may also open regional Centre and
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THE ASSAM GAZETTE. RXTRAORDJNARY, SEPT. 29, 2005 2405
The objects of
the University
Study Centres outside Assam at such places as it may deem fit;
(3) The first Vice-Chancellor. the first llegistrar and the first members of the Board of Management, the Academic Council and all persons who may hereafter become such officers or members. 50 long as they continue to hold such o ffice~ or m~nibership shall constitute a body corporate by the name of the Krishna Kanta Handiquc State Open University.
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(5) The University shall be competent to acquire and hold property both movable and immovable and to lease, sell or otherwise transfer any movahle or immovable property which may have become vested in or been acquired by it for the purposes of the University and to contract and to do all otherthings necessary for the purpose of this Act.
(6) In all suits and other legal pro~eedings by or against the University , the pleadings shall be signed and verified by and all processes in such suit and proceedings shall be issued to and be served on the Registrar.
4. The objects of the University shall be to advance and disseminate learning and knowledge by a diversity of means including the use of any cQlllmunication technology to provide opportunities for higher education to a larger segment of the population and to promote the educational well being of the community generally, to encourage Open University and distance education system in the educational pattern of the State and to co-ordinate and determine standards in such
5
2406 THE ASSAM GAZETTE. RXTRAORDlNARY. SEPT. 29, 2005 Po:....·er of the
University
system, and the Uni~ersity shall, in organizing its activiti~ have due regard to the objects specified in the Schedule. S. (1) The University shall have the following powers, namely:-
(i) to provide for admission and for instruction in such branches of knowledge including tedmology, vocations and professions as the University may detennine from time to time and to make prov~sion for research;
(ii) to plan and prescribe courses of study for degrees, diplomas, certificates and for research or any other purpose;
(iii) to hold examinations am! confer degre~s, diplomas, certificates or other academic distinctions or recognitions including Ph. D on persons who have pursued a course of study or conducted research in the manner laid down by the Statutes and Ordinances;
(iv) to confer honorary degrees or other distinctions in the manner laid down by the Statutes;
(v) to determine the manner i11 which distance education in relation to the academic programmes of the University may be organized;
(vi) to institute professorships, readerships. lecturerships and other acad~mic positions necessary for imparting instructions or for preparing educational material or for conducting other academic . activities, including guidance. designing and delivery of course and evaluation of the work done by the studt:nts and to appoint persons to such professorships, readerships, lecturerships and other academic positions;
(vii) to co-operate with and seek the co-operati0n of other
6
THE ASSAM GAZETTE, RXTRAORDINARY. SEPT. 29 2005 2407
Universities and institutions of higher learning, professional bodies and organizations for such purposes as the Lniversity considers necessary ;
(viii) to institute and award fellowships, scholarships, pnzes and such other awards for recognition of merit as the Cniversity may deem fit;
(ix) to establish and maintain such Regional Centres as may be determined by the University from time to timt;
(x) to establish, maintain and recognize Study Centres in the manner laid down by the Sta1ute~
(xi) to provide for the preparation of instrut:tional materials using multimedia educational kits and other softwares;
(xii) to organize and conduct re.fresher course workshops, seminars and other programmes for teachers, lesson- writers, evaluations and other academic staff:
(xiii) to recognize examinations of or periods of study, whether in full or part, at other Universities. institutions or other places of higher learning as equivalent to examinations or periods of study in the University and to withdraw such recognition at any time;
(xiv) to make provision for research and devebpment in educational technology and related matters;
(xv) to create with the prior approval of the State Government, administrative, ministerial and other necessary posts and to make appointments thereto;
(xvi) to receive bencfa.ctiuns, donations and gifts and acquire. hold, maintain and dispose of any property, movable or immovable including trust and Clovernment property for the purposes of the University;
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2408 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
(xvii) to borrow, with :he approval of the State Governme~, whether on the security of the property of the University or otherwise, money for the purposes of the University;
(xviii) to enter into, carry out, vary or caned contracts;
(xix) to demand and receive such foes and other c harges as may be laid down by the Ordinances;
(xx) to provide control and maintain discipline among the students and all categorie~ of employees and to lay down the conditions of services of such employees including their codes of conduct;
(xxi) to recognize any institution of higher learning or studies · for such purposes as the University may determine and to withdraw such recognition;
(xxii) to appoint either on contract or otherwise, Visiting Pro fessors, Emeritus Professors, Consultants, Fellows, Scholars, Artists, Course writers and such other persons who mav contribute to the advancement of the objects of the University;
(xxiii) to recognize persons working 111 other Universities, institutions or organizat[ons as teachers of the University on such terms and conditions as may be laid down by the Ordinances:
(xxiv) to determine standards and to specify conditioru; of the admission of students to courses of study of the University which may include examirnition, evaluation and any other method of testing;
(xxv) to make arrangements for the promotion of the general health and welfare of the employees:
(xxvi) to confer autonomous status on a college or a Regional
8
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2409
University
open to all
classes, castes
and creeds.
Centre in the manner laid down by the Statutes;
(xxvii) to admit to its privileges any College in Assam subject
. to such condition as may be laid down by the Statutes; (xxviii) to do. all such acts as may be necessary or incidental to the exercise of all or any of the powers of the University as are necessary and conducive to the promotion of all or any of the objects of the University.
(2) Notwithstanding anything contained in any other law for the time being in force but without prejudice to the provisions of sub-section (l), it shall be the duty of the University t~ take all such steps as it may benefit for the promotion of Open University and distance education system and for the determination of standards of teaching, evaluation and research in su{;h system and for the purpose of performing this function the University shall have such powers, including the power to allocate and disburse grants tu Colleges, whether admitted to its privileges or not or to any other University or institution of learning as may be specified by the Statutes.
6. (1) The University shall be open to persons of either sex and of v. hatever race, creed, caste or c Jass, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therern or admitted as a student in the University or to graduate there at or to enjoy or exercise an)' privilege thereof.
(2) Nothing in sub-section ( l) shall be deemed to prevent the
9
2410 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
of the
University
The
Chancellor
llniversity from making any special provision for Jl'te appointment or admission of women or of person '
belonging to the weaker sections of the !>ociety and in particular of persons belonging to the Scheduled Castes or Scheduled Tribes.
CHAPTER Ill
OFFICERS OF THE UNIVERSITY
7. The following shall be the officers of the University: - (!) The Chancellor;
(2) The Pro Vice-Chancellor;
(3) The Vice-Chancellor;
(4) The Registrar;
(5) The Dean (Academic);
(6) The Dean (Administration);
(7) The Dean (Study Centres);
(8) The Finance Officer;
(9) The Director, Multimedia course material Centre; ( 10) The Director (Computer);
(I J) Such oth~r officers as may be declared by the Statutes to be the Offi~ers of the University.
8. (1) The Governor of Assam shall be the Chancellor of the University.
(2) Subject to the provisions of'"sub-sections (3) and ( 4), the Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipments, and of any college, Regional Centre, a Study Centre and
10
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 24 J 1
~ also of the ex.am ination. instruction and other work conducted or done by the Lniversity and to caust;! an inquiry to be made in like manner in respect of any matter connected with the administration and finance of the University.
(3) fhe Chancellor shall, m every case, give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall, on receipt of such notice have .the right to make, within thirty days
" from .the date of receipt of the notice or .'such other period as the Chancellor may determine, representations to him, as it may consider necessary .
(4) After considering the representat ions, if .any, made by the University, _the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (2).
(5) Where an inspection or inquiry has been caused to be. made by the Chancellor, the University shall be entitled to appoint a representative who shall have the.right to appear in person and to be heard on such inspection or inquiry.
(6) The Chancellor may address the Vice-Chancdlor with reference to the results of inspection or inquiry together with such views and advice with regard to the action to he taken thereon as the Chancellor may be pleased to offer anc! en rei::e ipt o f tl'le addres.'> made by the Chancellor, the Vice-Chancellor shall communicate forthwith to the
., ..
Board of Management results of the inspection or inquiry and the views of the Chancellor and the advice rendered by him upon the action to be taken thereon.
(7) The Board of Management shall communicate through the
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2412 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
Pro-Vicc-
Chancellor
The Vice-
Chanccllor
Vice-Chancellor to the Chancellor such action, if any,~ it proposes to take or has been taken by it upon results of such inspection or inqui ry .
(8) Where the Board of Management does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after · c.onsidering any ·explanation furnished or representation made by the Board of Management, issue such directions as he may think fit and the Board of Management shall be bound to comply with such directions.
(9) Without prejudice to the foregoing prov1S1ons of this section the Chancellor may. by an order in writing, annul any proceedings of the University which is not in conformity with this Act, the Statutes or the Ordinances: ' Provided that before making any such order, he shall call upon the University to show cause as to why such an order should not be made and if any cause is shown within a reasonable time he shall consider the same .
(I 0) The Chancellor shall have such other powers as may be specified by the Statutes.
9. ( l) The Pro-Vice Chancellor shall be appointed by the Chancellor in such manner, for such term and on such conditions of service as may be prt:scribed by the Statutes.
(2) The Pro-Vice Chancellor. shall have such powers and functions as may he spt:cified by the Statutes. I 0. (1) Tht: Vice-Chancellor shall be appointed by the Chan.cellur in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes.
12
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2413
•
(2) The Vice-Chancellor shall be the principal academic and e~ecutive officer. of the University and shall exercise supervision and control over the affairs of the University and give effect-to the decisions of alt the authorities of the University.
(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter:
Provided that if the authorit)1concerned is of the opinion that such action ought not to have been taken it may refer the matter to the Chancellor whose decision thereon shall be final:
Provided further that any person in the service of the University who -is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Board of Management within ninety days from the date on which such action is communicated to him and there upon the Soard of Management may confirm, modify or reverse the action taken by the Vice-Chancellor.
( 4) The Vice-Chancellor, if he is of the opm1on that any decision of any authority is beyond the powers of the authority conferred by the p.rovisions of this Act, Statutes or Ordinances or that any d~cision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review its decision either in
13
2414 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT 29, 2005
whok or in part or no decision is taken by it within th,,\ said period of sixty days, the matter shall be reforred to the Chancellor whose' decision thereon shall be final :
Provided that the decision of the authority concer11ed shall remain suspended during the period of review of such decision by the authority or the Chancellor, as the case may be, under this sub-section.
(5) The Vice-Chancellor shall exercise such other powers and · perform such other functions as may be prescribed by the Statutes and the Ordinances.
The Registrar l 1. The Registrar shall ~ appointed rn such manner, on such emoluments and other conditions of service, and shall exercise such powers and perfonn such functions, as may be prescribed by the Statutes.
The Dean
The .Finance
Officer
I 2. Every Dean shat! be appointed in such manner, on such emoluments and other conditions of services and shall exercise such powers and perfonn such functions as may be prescribed by the Starntes.
I 3. The Finance Officer shall be appointed in such manner, on such emoluments and other conditions of service and shall exercise such power and perform such functions as may be prescribed by the Statutes.
The Director 14. Every Director shall be appointed in such manner, on such Other
Officers
emolument< ::rnd Pther conditions of
15. The manner of appointment emoluments, other c<.:nditions of service ru1d powers and duties of the other officers of the University shall be such as may be prescribed by the Statutes.
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THE ASSAM GAZETTE, RXTRA.ORDINARY, SEPT. 29, 2005 2415
CHAPTER IV
AUTHORITY OF 'fHE UNIVERSITY
Authorities of 16. The following shall be the authorities of the University. the University namely : -
(1) The Board of Management;
(2) The Academic Council;
(3) The Finance Corrunittee .and ( 4) Such other authorities as may be declared by the Statutes to be the authorities of the University.
The Board of 17. (I) The Board of Management shall be the principal executive Management body of the University consisth1g of the following members, namely: -
( I) The Vice-Chancel !or;
(2) The Registrar;
(3) The Commissioner and Secretary to the Gov::mment of Assam, Higher Education Department;
( 4) The Commissioner and Secretary to the Govt. of Assam, finance Department;
(5) A Vice-Chancellor of the Universities in the State of Assam, nominated by the Vice-Chancellor by rotation for such a period as may be specified by the Statutes;
(6) The Dean (Academic); · (7) The Dean (Administration);
(8) The Dean (Study Centres);
(9) Five distinguished persons from the educational, scientific and administrative fields to be nominated by the Chancellor:
Provided that from amongst the nominated persons
15
2416 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
The.
Academic
Council
under this clause one shall be a person belonging t)l\ Scheduled Castes or Scheduled Tribes and one shall be '
woman;
(10) Two members of the Assam Legislative Assembly elected from among themselves .
(2) The Board of Management shall have the powers -
(i) to manage and administer the properties and revenues of the University;
(ti) to conduct all administrative affairs and shall exercise -
(a) such other powers of the University as may be necessary; incidental or conducive to the fulfillment of the objectives of the University and
(b) such other powers as may be prescribed by the Statutes.
18. (1) The Academic Council shall consist of the following
. members, namely :-
(i) The Vice- Chancellor;
(ii) The Registrar;
(iii) The Dean (Academic):
(iv) The Dean (Administration) ;
(v) The Dean (Stlldy Centres);
(vi) Other Dean (if any); and
(vii) Such other officers of the University as the University and the Academic Council may consider necessary to co-opt as members.
(2) The Academic Council shall be the principal academic body of the Univers_ity and shall, suhject to the provisions of this Act, the Statutes and Ordinances, have the control and general regulation of and be responsible for the maintenance
16
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2417
The Finance
Committee
• of standards of l((arning, education, instruction, evaluation and examination within the University and shall exercise such other· powers and perform such other functions as may be conferred or imposed upon it by the Statutes. l 9. (1) The Board of Management shall constitute a Finance Committee consisting of not more than six members as follows:
(i) The Vice-Chaocellor, Ex-Officio Chairman;
(ii) The Commissioner and Secretal)'. to the Govt. of Assam. Finance Department or his nominee; (iii)The Commissioner and Secretary to the Govt. of Assam, Education (Higher) Department or his nominee;
(iv) Two members nominated from amongst the members of the Board of Management, by the Board of Management:
(v) The Registrar;
(vi) The Finance Officer, Ex-Officio Member Secretary;
(2) The powers and functions of the Finance Committee shall be as follows:-
(i) scrutinize the annual budget estimates and make its recommendations to the Board of Management;
(ii) conduct general examination of the accounts of the
Unive:sity a!':rl ctP~" ider the aU
(iii)examlce ail proposals of the University involving ·~.xpcnditure fer which n8 provisicr: h
17
2418 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
Other
authorities
Statutes
(iv) such other functions as may be prescribed by ).he Statutes.
20. The constitution, powers and functions of the other authorities. which may be declared by the Statutes to be authorities of the University shall be such as may be prescribed by the Statutes.
CHAPTER V
STATUTES, ORDINANCES AND REGULATIONS
. 21. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely: -
(a) the manner of appointment of the Vice-ChanLcllor or the term of his appointment, the emoluments and other conditions of his service and the po\vers and functions that m:ty be exercised and performed by him;
(h) the manner of appointment of Registrar, the Finance Officer and other officers. the cmo luments and the conditions •1f their service and the powers and functions that may be exercised and performed by each of such offaers:
(c) the terms of office of the members of ~he authoriri.:~. their daily :md traveling allowances and the powers and function<; that may be exercised and performed by 5u1:h authorities:
(d) the appointment of tc?.dit:rs
(e) the wnstitnlion of a pension or provident fund and the c:stc.b!ishmcnt of an insurance scheme for the benefit of the cmp!•)jl:'.t:S of the University;
18
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2419
Statutes how
made
(f) the principles covering the seniority of service of employees of the University;
(g) the procedure in relation to any appeal or application for review by any employee or student of the University against the action of any officer or authority of the Univdsity including the time within which such appeal or application for review shall be preferred or made:
(h) the procedure for the settlement of disputes bef\.veen the employees or students of the University and the University;
(i) the confennent of autonomous status on Colleges and Study Centre:
U) the allocation and disbursement of grants to colleges and institutions;
(k) the conditions that are required to be fulfilled for admission of the Colleges to the privileges of the University;
(I) all other matters which by this Act are to_ be, or may he provided for by the Statutes.
22. (l) The first Statutes shall be framed by the State Government by notification in the Official Gazette.
(2) The Board of Management may. from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (I), Provided that the Board of Management shall not make, amend or repeal any Statutes affeL:ting the status, powers or constitution of any authority of the Oniyersity until such authority has been givi::n a reasonable opportunity to express its opinion in writing on the ----- -
.i
19
2420 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
proposed changes and any opinion so expressed has -~en considered by th~ Board of Management.
(3) Every new Stah1tes or addition to the Statutes or any amendment or repeal lhereof shall require the 2pproval of the Chancellor, who may assent thereto or withhold assent or remit to the Board of Management for reconsideration in the light of the observation, if any made by him.
( 4) A new Statute or a Statute amending or repealing an existing Statute shall not be valid unless it has been assented t.o by the Chancel1or.
(5 ) Notwithstanding anything contained in the foregoing sub-section, the Chancellor may make new or additional Statutes or amend or repeal the Statutes ref erred to in sub-section ( 1) during the period of three years immediately after the commencement of this Act.
(6) Notwithstanding anything contained · ir. the foregoing sub-section, the Chancellor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Board of Management is unable to implement such a direction within sixty days
I
of its receipt, the Chancellor may, after considering the reasons, if any, communicated . by the Board of Management for its inability to comply with such
• direction, make or amend the Statutes suitably Ordinances 23 . (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for al_! or any of the following matters, namely. -
(a) the admission of students, the course of study and the r------------ --- --------'------ - - ----
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THEASSJ\M GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2421 Regulations
General fund
fees to be charged therefore, the qualifications pertaining to degrees, diplomas. certificates and other courses, the conditions for the grants of fellowship. awards and the like;
(b) the conduct .of examination, including the terms and conditions and appointments of examiners;
(c) the management of Col!eg~s admitted to the privileges of the University; and
(d) any other marter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances.
(2) The first Ordinances shall be made by the Chancellor with the_ previous approval of the State Government and the Ordinances so made may be amended, repealed or added to at any time by the Board of Management in the manner prescribed by the Statutes.
24. The au~horities of the University may make regulations consistent with this Act, the Statut~s and the Ordinances for the conduct of their own business and that of the Committee, if any, appoinred by them and not provided for by this Act, the Statutes or the Ordinance': in the manner prescribed by the Statutes.
CHAPTER VI
FINANCE AND ACCOUNTS
25 . The University shall have a general fund to which shall be credited -
(a) its income including the fees and endowments;
(b) contributions or grants; if any, which may be made by the State Government on such conditions as it may
21
2422 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
Restriction of
creation of
new liability
and diversion
of
Goxemment
grant
impose; and
(c) other contributions or grants or loans raised.
26. Notwithstanding anything contained in any other prov;sions of this Act, the University shall not create any new or additional liability which involves contribution or grants from the State Government effecting the State Exchequer· or shall not divert and invest any portion of any grant given·to it by the State Government in any form for any other purposes other than the purposes for which the grant was given, without the prior approval of the State Government. Annual report 27. (I) The annual report of the: University shall be prepared Annual
accounts, etc.
under the directions of the Board of Management which shall include among other matters, the steps taken by the University towards the fulfillment of its objects.
(2) The annual report so prepared shall be submitted to the Chancellor on or before s.uch date as may be prescribed by the Statutes.
(3) A copy of the annual report, so prepared under sub- section (1) shall also be submitt('.d to the State:
G~vernment which shall. as soon as may be, cause the same to be laid before the Assam Legislative Assembly.
28. ( l) The annual accounts and the balanoe sheets of the University shall be prepared under the directions of the Board of Management and shall, .once at least every year, and at intervals of not more than fiftef"n moths, be audited by the Director of Local funds and Accounts or such person as the State Government may authorize in this behalf .
. (2) A copy of rhe accounts together with the audit repqrt
22
THE ASSAM GAZETTE, RXTRAORDINARY SEPT. 29, 2005 2423
:spall be sub:initt~~ t9 th~ Chqncellpr alof')g witfl th~ observations, if 1tO)', of the Bo:irq of Management;
(3) t\ny observatiqn made by the Chancellor on the annual ~cpunts s~all b~ brpµghl to the notice of tp11 ao~rd Qf Mi:lntlgl:!lWPl imct q1e views of the Boa:i:f of Man&gemem, if any, on su.ch observatio1111 !i~alf pe submitted tn t~e Chancellor;
( 4) A copy of the ~ccbmtt') together with the au~i~ report, as submitted to th~ C~llflc~llor, sha!l also be submitted to the State Goyernmi::rit. which shail ~s soon as may be, l:ause the same to be laid before t~e A~sam Legjs!~tive Ass(}mbl)' at !tr> nell'.r session;
{5) The 1tµ~!te ,d !ln1rnal aq;ounts after h1wipg been laid ·'
before the Srate ·Legislative .;.. ss~[llbly sht;!i be t ;" r;-
CtV~fT~fi. VJJ
CO.'.'lf.;rpoNs OF s~~~VfJ=f: Of E~PLt)\'fES Coi:ditions of
5ervice of
employees
29. (1) Ev~ry ernple:yee of U11iv~rsity shall bo appqinte.d un~i;!r a written c()ntract and such contract sh"lll not be inconsi~ter t w irh the provjsions of this Act, the S~tutes and thi: OrJ~ances.
(2) The cqntract r-efe.rrcd to hi ~ul>-st:ction ( 1) spa!J be
..
lodged with t~e University and a copy of which shall Pc furn!sned t;o fl1~ employ~~~ co1wcrned. Arbi1r~ti,:in by . ~(L { l) ..\ny fiispu ;e arisinK o~t of ~ r;,pnintct .of employment ~ . . .. '·
Tri~unal
~r,lploye~ sh»I!. ·~ tpe req~est of ~j~her pff1Y, be r~ferr1d ' . - •" . . . ' '
to , an Arb\tral Tribunal whic~ shllll consist pf onv
·;.
23
2424 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
Provident and
pension funds
Disputes as to
the
constitution of
University
authorities and
bodies
Filling of
casual
vacancies
.member nominated by Board of Management, one -{ member nominated by the employees concerned and an umpire to be nominated by the Chancellor.
(2) Every such reference shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation. 1996 and all the provis ions of that Act, with rhe exception of section 2 Central thereof, shall apply accordingly. Act 26 of
1996
(3) The procedure for regulating the work of the Arbitral Tribunal shal ! be prescribed by the Statutes.
(4) The decision of the Arbitral Tribunal shall be final and binding on the parties and no suit shall lie in any court in respect of the matters decided by the Tribunal.
31. (I) The Universily shall constitute for the benefit of the - employees such provident and pension funds or provide such Insurance Schemes, as it may deem · fit. in such manner and subject to such conditions as may he prescribed by the Statutes.
(2)Wherc such provident and pension funds has been so constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925 shall apply Central Act 19 of
to such funds, as if it were a Government Provident fund. 1925
32. lf any question arises as to whether any person has been duly elected or appointed as, or is entitled to b~ a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shat! be final.
33 . All the casual vacancies among the members other than ex- officio members of any authority or other body of the
•
24
.:
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2425
Proceedings of
the Universify,
authorities or
bodies not
invalidated by
vacancies
Protection of
action taken in
good faith
Transitory
provision
University shall be filled , a<; soon as may be convenient, by the person or body who appoints, elects or co-opts the members whose place has become vacant and any person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the remaining of the term for which the person whose place he fills would ·have continued a.s a member.
34. No act or proceedings of any authoriry or any body of the University shall be invalidated merely by reason of the existence of any vacancy or vacam:ies among its members.
35. No suit or other proceedings shall lie against any officer or employees of the University for any thing which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or the Statutes or the Ordinances.
36. Notwithstanding anything contained in any other provisions of this Act and the Statutes, the first Vice-Chancellor, the first Registrar and the First Finance Officer shall be appointed by the State Government for a period not exceeding three years on such terms and conditions as the State Go\.crnment may think fit :
Provided that for appointment as first Vice- Chanvellor and first Registrar and first Finance Officer the person shall hold such quaiifiu:1t11.ms and experii;r11 .. e as are required for appointment in the similar posts in other Universities of the Stale :
Provided further that the first Vice-Chancellor shall retire from his office if during the term of h1s office he completes the age of sixty-five years and first Registrar and
25
J.
2426 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
Transitory
powers of the
first Vice-
Chancellor,
first Registrar
and first
Finimce
Officer
the first Finance Officer shall retire from their respectJ~ office if during th~ term of their office they complete the age of fl fly-eight years.
37.(1) Tt sha ll be duty of the first Vice-Chancellor to make arrangement<> for constituting the Board' of Management, the Academic Council and such other authorities of the U n1versity within six months of corning in to force. of this Act or such longer period not exceeding one year as the Government may by notification direct.
(2) The first Vice-Chancellor shall, in consultation with the State Government, make such rules a& may be necessary for the functioning of the lJniversity.
(3 )The authorities constituted under s'ub-section (I) sha 11 commence to exercise their functions on such date as the Government may by notificat ion, specify in this behalf. ( 4) It shall be the duty of the tirst Vice-Chancellor to draft such Statutes as may be necessary for the purposes under sub-section (3) of section 22 and submit them to the Board of Management for their approval. Such Statutes when framed shall be published in the Offic.ial Gazette.
(5) Notwithstanding anything contained in this Act and the Statutes and until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise and perform any of the powers and duties of such authority under this Act and the Statues.
(6) The first Registrar and the first finance Officer and other officers and staff shall function as per orders or
26
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2427
Power to
remove
difficulties
instructions issued by the first Vice-Chancellor from time to time in accordance with rules framed under sub- section (2), Statutes and Ordinances.
3 & ( 1) If any difficulty arist:s as to the first constitution or reconstitution of any authorify of the University after the date of coming into force of this Act or otherwise on giving effect to the provisions of this Act, the State Government may, by notification in the Official Gazette, make such provision, not inconsistent with the provisions of this Act as may appear to it be necessary -or expedient for removing such difficulty:
. Provided that no such notification shall be issued after the expiry of five years from the datt: of establ ishment of the University under section (3) .
(2) Every notification issued under sub-section (I) or under any otller provisions of this Act shall be laid, as soon as may be after it is issued, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the said period, the State Legislative Assembly makes any modification in any notification or directs that any notification shall not have effect, and such notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulm~nt shall be without prejudice to the validity of anything previously done under that notification.
27
2428 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
Statutes,
Ordinances
and
Regulationsto
be published
in the Official
Gazette and to
be laid before
the Assam
Legislat~ve
Assembly.
39 ( 1) Every Statutes, Ordinances or Regulations made under~ p
Act shall be published in the Official Gazette. .,
(2) Every Statutes, Ordinances or Regulations made under this Act shall be laid, as soon as may be after it is made, before the Assam Legislative Assembly while it is in session, for a total period of fourteen days which maybe comprised in one session or in two or more successive
. sessions, and if, before the expiry of the sessions immediately following the Assam Legislative Assembly agree in making any modification in the Statutes, Ordinances or Regulations or the Assam Legislative· Assembly agree that the Statutes, Ordinances or Regulations should not be made, the Statutes, Ordinances or Regulations shall thereafter have effect only in such modified form or be of no effect, as the case may be, so ~ however, that such modification or annulment shall be without prejudice to the validity of anything previously done under that Statutes, Ordinances or Regulations.
THE SCHEDULE
(SEE SECTION 4)
The objects of the University
(I) The University shall endeavour through education, research, training and extension to play a positive role in the development of the country and based on the rich heritage of the co~ntry, to promote and advance . the culture of the people of Assam and its human resources. Towards this end it shall -
(a) strengthen and diversify the degree. ce11ificate and diploma courses related to the needs of employment and necessary for build{ng the
28
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2429
economy of the country on the basis of it~ natural and human resources;
(b) provide access to higher education for large segments of the population, and in particular the disadvantaged groups such as those living in remote and rural areas including working people, housewives and other adults who wish to upgrade or acquire knowledge through studies in various fields;
(c) promote acquisition of knowledge in a rapidly developing and changing society and to continually offer opportunities for upgrading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavour;
(d) provide an innovative system of university level education, flexible and open, in regard to methods and place of learning, combination of courses, eligibility for enrolment, age of entry, conduct of examination and operation of the programmes with a view to promote lt:arning and encourage excellence in new fields of knowledge;
( e) contribute to the improvement of the educational system in the State by providing a non-formal channel complementary in the formal system and encouraging transfer of credits and exchange of teaching staff by making wide use of texts and other software development by the University;
29
2430 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
(h) provide suitable post-graduate courses of study and prom6t · · research;
(i) provide the counselling and guidance to its students and
0) promote national integration and the integrated development of the human personality through its policies and programmes.
(2) The University shall strive to fulfill the above objects by a diversity of means of distance and continuing education and shall function in operation with the existing universities and in~titutions of higher learning and make full use of the latest scientific knowledge and new educational technology to offer a high quality of education, which matches contemporary needs.
M. K. DEKA,
Commissioner & Secy. to the Govt. of Assam, Legislative Department, Dispur. GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., Assam, Guwahati-21, (Ex-Gazette) No. 665-500-600-29-9-2005 .
30