(i) one Chairman to be nominated by the Vice-Chancellor from amongst the teachers of the University;
(ii) the Director of Students’ Welfare, Ex-Officio Treasurer;
(iii) President, Vice-President and Secretary of the University Post-Graduate Students’ Union;
THE ASSAM GAZETTE. EXTRAORDINARY. FEBRUARY 28.2009
(iv) President and Secretary of the University Law Students’ Union;
(v) 10 Students from ten affiliated Degree Colleges to be selected by the Executive Council by rotation in the manner to be prescribed by the Statutes;
(vi) one student from each teaching faculty of the University to be elected as prescribed by the Statutes;
(vii) five students one from each of the five activities mentioned below who have shown outstanding performances in the following activities to be nominated by the Vice-Chancellor, namely: -
(1) Games and Sports;
(2) National Service Schemes;
(3) National Cadet Corps;
(4) Cultural activities;
(5) National Discipline Scheme;
(viii) four lady students to be nominated by the Vice-Chancellor;
(ix) the Director of Sports and Physical Education, i f any;
(x) the students members of the Students’ Advisoiy Council shall elected from amongst themselves the Secretary of the Council;
(2) the Term of office of the members of the Students’ Advisory Council, other than ex-officio members shall be one year.
(3) The quorum to constitute a meeting of the Students’ Advisoiy Council, the rules of procedures and conduct of business to be followed at a meeting, the period within which a meeting shall be called and such other matters shall be prescribed by the Statutes:
Provided that no student shall be eligible to be or continue to be a student members of the Students’ Advisory Council unless he is enrolled as a student or after he attains the age of twenty-five years. A student member shall cease to be such member if he fails to pass at the next University Examination.
(4) The functions of the Students’ Advisory Council shall be as follows, namely:-
(i) to make recommendations to the Executive Council and the Academic Council in the matters affecting the students, corporate life of the University in so far as it concerns the students and the co-curricular and extra curricular activities in the University and the Degree College affiliated to the University;
(ii) all rules affecting study, welfare, sports, literary, management of hostels, Students’, home, extension work, social work, Students’ health, National Service Scheme, N.C.C., etc. shall be placed before the Students’ Advisoiy Council for its views before any decision is taken by the Executive Council;
(iii) the Vice-Chancellor or any authority of the University may ask for the views of the Students’ Advisory Council on any matter concerning the welfare of students;
(iv) the Chairman of the Students’ Advisory Council shall be the authority to decide whether a matter does or does not concern the students;
(v) the Students’ Advisoiy Council shall frame its own rules of business and shall submit the same to the Executive Council for consideration and approval;
THE ASSAM GAZETTE. EXTRAORDINARY, FEBRUARY 28. 2009 443 University 30. (1) The University shall have a fund to be known as “The Bodoland Funds University Fund” to which shall be credited all its income, fees, fines, contributions, donations, loans and advances from any other sources.
The University may also create by Ordinance made in this behalf, one or more separate special funds for the administration of endowments, trusts or other grants for specific purposes.
(2) The State Government shall for the purposes of this Act, contribute annually to the University Fund a sum not less than rupees forty lakhs to meet the recurring charges of the University Accounts 31. (1) The Statement of accounts of every completed financial year shall be placed and Audit for consideration of the Court together with the Audit Report in the next year.
For this purposes the account shall be audited by a firm of chartered accountants subject to overall audit scrutiny by the Accountant General,
(2) Such annual statement of accounts shall, together with copies of the audit report thereon, be submitted, through the executive council, to the Court and to the state Government and thereupon the State Government may publish the same in the official Gazette.
(3) The Finance Committee of the University shall conduct quarterly internal audit and the report of such audit shall be submitted to the State Government regularly.
(4) Notwithstanding anything contain hereinbefore, the State Government shall have power when deemed necessary to order and audit of the accounts of the University including those of the institutions managed by it by such auditors as it may direct.
(5) The annual budget estimates, referred to in Section 16 (b) shall after these are finalized by the Executive Council be circulated to the State Government, Chancellor and all members of the Court at least fifteen days before they are submitted to Court.
Statutes 32. (1) Subject to the provision of this Act and with the approval of the Court, Executive Council may make Statutes for the purposes of carrying out the provision of this Act, and in respect of all matters which are required to be or may be provided for the Statutes.
(2) Without prejudice to the generality of the proceding sub-section, such Statutes may provide for all or any of the following matters, ndmely:-
(i) declaration of persons in the service of the University to be officers of the University;
(ii) appointments, powers, duties and terms and conditions of service of the officers other than the chancellor and of the holders of the other posts of the University in so far as these have not been specifically provide for in this Act;
(iii) establishment and declaration of Authorities of the University;
(iv) constitution, powers and duties of the authorities and Committees of the University of the members thereof, in so far as these have not been specifically provided for in this Act.;
(v) terms and conditions for the institution and award of fellowship, scholarship, prizes, degrees, honorary degrees, titles, diplomas, certificates, other academic distinctions and awards and for their withdrawals;
(vi) the terms and conditions of affiliating colleges and recognized institutions, not established, maintained or managed by the University and the terms and conditions for recognizing libraries, laboratories, museums, halls and hostels, not established or maintained by the University and the conditions for the withdrawal of such affiliation and recognition and matters relating to the privileges to be enjoyed by the such colleges and institutions and other bodies, affiliated or recognized:
444 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009
Provided that no Statutes relating to the management of the Degree Colleges and Halls and the conditions of services of the employees shall apply to the Government Colleges and the Government aided colleges in respect of which the state Government shall make necessary rules in consultation with the University. No new colleges shall be given permission or affiliation by the University without prior concurrence of the State Government and that the University shall have no jurisdiction to permit and affiliate new Pre-University Class or College;
(vii) the procedure to be followed in inspections or investigations or caused to be made by the Executive Council into the affairs of Colleges, institutions and other bodies, whether constituent, recognized or affiliated, and the manner in which the Executive Council is to exercise its general control and supervise over them.
(3) Any member of the Court may propose to the Court the draft of any Statute and the Court may refer any such draft to the Executive Council and the Executive Council shall consider the same and submit the draft with its recommendation.
(4) Notwithstanding anything contained in this section, the Executive Council shall not submit the draft of any Statute affecting the powers, duties and constitution of any authority of the University unless such authority has been given an opportunity to express its opinion in respect of the matters and unless the Chancellor has given his approval to the Executive Council to submit the draft to the Court.
(5) Every new Statute or addition to the Statute or any amendment or repeal of the Statute shall require the previous approval of Chancellor who may sanction, disallow or remit it for further consideration.
Ordinances 33. (1) Subject to the provisions of this Act and Statutes, the Executive Council may make Ordinances for the purposes of carrying out the Statutes and in respect of all matters which by this Act or by the Statutes are required to be or may be provided for by Ordinances.
(2) Without prejudice to the generality of the preceding sub-section, such Ordinance may provide for all or any of the following matters, namely: -
(a) admission of students to the departments, colleges, institutions and other bodies whether constituted, affiliated or recognized, and courses of study for all Degrees and Diplomas;
(b) the rules and procedures for holding election to the Court, the Executive Council, Academic Council and other authorities and bodies of the University and for determining the seniority of persons for the purpose of choosing of member by rotation to different authorities of the University;
(c) fees to be charged for different courses of study in the departments and for the admission of students to the examinations conducted by the University;
(d) creation of Provident Fund or other Funds for the benefit of the employees of the University;
(e) exercising Academic control and supervision over colleges, institutions and other bodies whether constituent, affiliated or recognized; and
(f) investigations or enquiries to be made by the Executive Council under this Act.
(3) Not withstanding anything contained in the preceding sub-sections, no Ordinances shall be made affecting the conditions of the mode of appointment and the duties of examiners or the conduct or standard of examinations or any course of study unless a draft of such Ordinance has been considered by the Academic Council on being referred to it by the Executive Council and unless the Executive Council has considered the opinion of the Academic Council.
THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28, 2009 445 Regulations 34. (1) Subject to the provisions of this Act, Statutes and Ordinances, each • of the Authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances, for the purpose of carrying out the duties and for exercising the powers assigned to the Authority concerned under this Act, the Statutes and the Ordinances.
(2) Without prejudice to the generality of the preceding sub-section such regulations may provide for all or any of the following matters, namely: -
(a) the procedure to be observed at the meeting of the authority concerned and number of members required to form a quorum;
(b) all matters which are required to be prescribed by the regulations under this Act, Statutes or the Ordinances;
(c) all matters solely concerning the authorities concerned and not otherwise provided for by or under this Act, the Statutes or Ordinances.
(3) Notwithstanding anything contain in the preceding sub-sections the Executive Council may direct except the Court to make such amendments and annulments of any regulations framed by the authority in such manner as it may specify:
Provided that any Authority which is dissatisfied with such directions of the Executive Council may appeal to the Chancellor and the decisions of the Chancellor given on the appeal shall be final.
Acts or proceedings not to be invalid by reason of certain irregularities
35. No act or proceeding of the University or of any authority or Committee of the University shall be invalid merely by reason of the existence of any vacancy or vacancies among its members or by reason of the invalidity of the election, nomination, appointment of any of its members or by reason of any irregularity in the manner of choosing a member.
Chancellor’s decision to be final in certain matters.
36. Whenever any question arises as to whether any person has been duly elected, appointed, chosen or nominated as, or is entitled to be, a member of any Authority or Body of the University of whether any decision of any of the Authorities or of the Vice-Chancellor of the University is in conformity with this Act, the Statutes and the Ordinances, the question shall be referred to the Chancellor, whose decision thereon shall be final.
Period of memberships of the authorities.
37.(1) All Ex-officio members of all Authorities of the University shall hold office so long as they hold the memberships, offices or posts by virtue of which they become members of such Authorities.
(2) Save as otherwise provided in this Act, all other members of the Authorities of the University shall hold office for a period of five years or till the expiry of the term of membership, whichever is earlier, from the date of election, nomination, appointment or choosing of the members concerned:
Provided that notwithstanding the expiry of the term of membership of any authority such members shall continue to hold the membership until the new member is elected, nominated, appointed or chosen in his place:
Provided further that any member elected or nominated under clause (xxi) of sub-section (1) of section 15 shall hold office for a period of one year only from the date of his election or nomination, as the case may be. He shall cease to be a member of the Court on his ceasing to be a student of the University.
446______ THE ASSAM GAZETTE, EXIRAOKDINAKY, bfcBKUAKY zo.zuuv_________ .
(3) Any member elected, nominated, appointed or chosen to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the member in whose seat he is so elected, nominated, appointed or chosen.
(4) With the approval of the Court, the Vice-Chancellor may remove a member, elected under sub-clauses (a) and (b) of clause (xxi) of sub section (1) of section 15, if he does not fulfill the conditions laid down in the provision therein.
Affiliation 38. After the commencement of this Act, any college or institution applying for affiliation to the University shall satisfy the Executive Council -
(a) that the college shall be under the management of a duly constituted Government Body which shall include at least two representatives of the University and at least three representatives of the teaching staff of the college or institution, as the case may be, including the Principal;
(b) that the land and buildings of the college or institution, as the case may be, and the equipments for teaching therein are adequate and suitable;
(c) that the strength and qualifications of the teaching staff are sufficient for the courses of instruction to be sufficient for the courses of instruction to be imparted in the college or institution and that the tenure of office of the teaching staff is reasonable;
(d) that adequate arrangements will be made for the welfare, discipline and supervision of its students;
(e) that the financial recourses of the college or institution are adequate to make provisions for its continued maintenance and efficient working; and
(f) that the affiliation of the colleges or institutions having regard to the educational facilities provided by the other colleges or institutions in the same neighbourhood, will not be injurious to the interest of education.
Delegation 39. (1) Subject to the provisions of this Act, the Vice-Chancellor, and with the previous approval of the Vice-Chancellor, the Rector or the Registrar may delegate any of his powers or duties conferred, imposed by or under this Act to an officer under his direct administrative control.
(2) Subject to the provisions of this Act, -
(a) the Court may delegate any of its powers and duties conferred or imposed by this Act to -
(i) the Vice-Chancellor;
(ii) the Executive Council, or
(iii) a committee constituted from among its own members.
(b) the Executive Council may delegate any of its powers or duties conferred or imposed by or under this Act, or
(i) the Vice-Chancellor;
(ii) the Rector;
(iii) the Registrar;
(iv) a committee constituted from among its own members;
(v) the Post-Graduate Board or the Under-Graduate Board; or
(vi) the Finance Committee.
THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009 447
(c) The Academic Council may delegate any of its powers or duties conferred or imposed by or under this Act to -
(i) the Vice-Chancellor;
(ii) the Rector;
(iii) the Registrar;
(iv) a committee constituted from among its own members;
(v) the Post-Graduate Board or the Under-Graduate Board; or
(vi) any of the Boards of Studies.
(d) The Finance Committee may delegate any of its powers and duties conferred or imposed by or under this Act to - the Vice-Chancellor.
Transitory provision
40. (1) The Chancellor shall, within three months from the date of the commencement of this Act, appoint, on such terms conditions as he thinks fit, a person to be the Vice-Chancellor.
(2) The first Vice-Chancellor shall, within a period of three months from the date of his appointment or within such longer period, not exceeding six months from the date of his appointment as the Chancellor may by notification, direct, and with the assistance of a committee consisting of not more than six members nominated by the Chancellor, cause the first Statutes, the first Ordinance, and the first Regulations, of the University to be framed or made and published with the approval of the Chancellor and the first Statutes, the first Ordinances and the first Regulation so framed shall come into force with effect from the date of such publication as if they were framed or made under the provisions of the Act relating to them.
(3) The first Vice-Chancellor shall within three months or within such a longer period not exceeding six months as the State Government may, by notification direct, from the date of coming into force of the first Statues, the first Ordinance and the first Regulation cause arrangements to be made for constituting the first Court, the first Executive Council, the first Post-Graduate Board in accordance with the first Regulations.
4) The State Government shall by notification in the Official Gazette, appoint a date, and on and from such date the Authorities of the University constituted under sub-section (3) shall commence to exercise the powers and duties conferred upon them by or under this Act, the first Statutes, the first Ordinances and the first Regulations,
(5) The first Statutes, the first Ordinances and the first Regulations of the University shall remain in force until new Statutes, new Ordinances and new Regulations are made under the provision of this Act,
(6) The first Vice-Chancellor may, subject to the sanction of the Chancellor appoint such administrative, ministerial and other staff as he deems necessary for giving effect to the provisions of the sanction.
(7) Notwithstanding that all the officers and members of the Authorities, constituting the University have not been appointed, nominated, chosen or elected, as the case may be, the University shall be deemed to have come into existence on and from the date on which this Act comes into force.
448 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28. 200Q____ First appointment 41(1) Officers and Teachers Of the University
(2)
(3)
(4) The State Government’s Powers of supervision
42. (1) Notwithstanding anything contained in this Act, rhe first Rector and the first Registrar shall be appointed by the Chancellor, on such terms and conditions as may deem fit At any time after the commencement of this Act any officer i f the University may be appointed by the Vice-Chancellor with the previous sanction of the Chancellor.
The teachers of the University may be appointed by the Chancellor after considering the recommendations of an Advisory Committee consisting of the Vice-Chancellor and such other person or persons as the Chancellor thinks fit to associate with himself.
Any appointment made under sub-sections (2) and (3) shall be for a period not exceeding five years and on such conditions as, the appointing authority thinks fir to specify provided that no such appointment shall be made until financial arrangement has been made thereof.
If, at any time, the State Government are of opinion that special reasons exist that in any respect the affairs of the University are not managed in furtherance of the objects for which any grant or donation is specifically made by Government, Public bodies or individuals, University funds are misappropriated or misapplied, the State Government may indicate to the Executive Council such matter in regard to which the State Government desire explanation and call upon that body within reasonable time to offer such explanation as it may desire to offer, with any proposal which it may desire to make.
(2) If the Executive Council fails to offer any explanation or makes proposal or proposals which, in the opinion of the State Government is or are unsatisfactory, the State Government may issue such instructions, as appear to them to be necessary and desirable in the circumstances of the case, and the Executive Council shall give effect to such instructions.
Emergency power of the State Government 42(A)(1) If, at any time, it appears to be necessary and expedient in the opinion of the State Government, the State Government may, with prior consultation with the Chancellor, by a notification published in the official Gazette, suspend all or any of the powers of the University as provided in section 4 and other powers as may be ancillary to such powers and take over all or any of the powers of management, functions of such authorities or officers including holding, conduct and superintendence of and arrangement, and appointment of any person or authority in connection with any or more examination or publication of the result of any such examination or to any matter incidental thereto for such period as may be specified in the notification and may be exercised by the State Government if and when necessary during such period in such manner and through such officers or authority as may be considered fit by the State Government.
(2) Provisions of the Statutes, Ordinance and Regulations framed under this Act relating to any one or more of the matters referred to in the preceding sub section may be amended for any of the purposes mentioned therein in such manner as may be decided by the State Government with prior consultation with the Chancellor and shall take affect accordingly for the purpose of exercising the powers under the proceding sub-section.
(3) The State Government may constitute an Advisory Committee consisting of at least 3 persons who, in the opinion of the State Government are eminent educationists for advising the State Government in the matter of discharging the powers, duties, functions and responsibilities in respect of which such powers are taken over by the State Government under sub-section (1) of this section.
0 4 _________THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28, 2009 ' 449
(4) All actions taken under the preceding sub-sections and all examinations held and all results of any such examination published and all other actions taken under this section shall be deemed to have been taken, held or published in accordance with the provisions of this Act and shall take effect accordingly.
(5) If for exercising the powers under the preceding sub- section any difficulty arises in giving effect to any one or more of the provisions of this Act or of the Statutes, Ordinances and Regulations framed thereunder, the State Government may, in consultation with the Chancellor, by order remove such difficulty as may appear to be necessary for the purpose of exercising these powers.
Savings 42B. Notwithstanding anything contained in this Act any decision given, order made, anything done, any action taken or any proceedings commenced under any of the provisions of the Act or rules, Statutes, Regulations in force immediately before the commencement of this Act, shall in so far as they are not inconsistent with the provisions of this Act, continue in force and shall be deemed to have been given, made, done or taken, commenced under the provisions of this Act.
Interpretation 42C. If any dispute arises as to the interpretation of any of the provisions of this Act, the interpretation given by the State Government shall be final and binding to all concerned.
Removal of difficulties 43. If any difficulty arises as to the first constitution or reconstitution of any authority o f the University after the commencement of this Act or otherwise in first giving effect to the provisions of this Act, the State Government may, by order, do anything which appears to them to be necessary for the purpose of removing the difficulties.
MOHD. A. HAQUE, Secretary to the Government of Assam, Legislative Department, Dispur.
TJ^XhAtT Printed and published by the Dy. Director (P&S) Directorate of Ptg.
(Ex-Gazette) No. 163-500+600-28-2-2009.
and Stv.. Assam Guwahati-21