(a) to examine the annual budget estimates and to give advice and suggestion to the Executive Council thereon;
(b) to make recommendations to the Executive Council relating to the Finance of the University;
(c) to examine every proposal for new expenditures involving sum of money exceeding rupees one lakh and to advice the Executive Council thereon;
(d) to review the financial position of the University periodically;
(e) to suggest in general the means for the improvement of the financial position of the University;
(f) to consider and recommend revision of grades of pay and grades of pay of new posts to the Executive Council;
(g) to deal with such other matters relating to the financial matters of the University as may be prescribed by the Statutes and Ordinances.
University Fund.
39. (1) The University shall have a Fund to be known as “Cotton University Fund" to which shall be credited all its income, fees, fines, contributions, donations, loans and advances from any other sources.
(2) 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.
(3) The State Government shall for the purpose of this Act, contribute annually to the University Fund so as to enable the University run smoothly and efficiently.
Accounts and Audit.
40. (1) The Statement of Accounts of every completed financial year shall be placed for consideration of the Court together with the Audit Report in the next year. For this purpose the accounts shall be audited by a firm of Charted Accountants subject to overall Audit Scrutiny by the Accountant General, Assam.
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(2) Such Annual Statement of Accounts shall, together with copies of the audit report, 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 half-yearly internal audit and the report of such audit shall be submitted to the State Government regularly.
(4) Notwithstanding anything contained hereunder, the State Government shall have power when deemed necessary to order an audit of the accounts of the University.
(5) The annual budget estimates, shall after these are finalized by the Executive Council be circulated to the Chancellor, State Government and all members of the Court at least fifteen days before they are submitted to the State Government.
(6) The University shall obtain prior approval from the Finance (Budget) Department of the State Government for opening any account in a Nationalised Bank or any other Bank. The operation of such Account by the University shall be as per approvals accorded from time to time by the said Department.
Statutes. 41. Subject to the provisions of this Act, the Statutes may provide for all/any of the following matters, namely:-
(i) the conferment of honorary Degrees;
(ii) the Institution of Fellowships, Scholarship, Exhibition and prizes;
(iii) the terms of office, the method of appointment and the conditions of service of the officers of the University;
(iv) the designation and the powers of the officers of the University;
(v) the constitution, powers and duties of the authorities of the University ;
(vi) the establishment of constituent colleges and Hostels and their maintenance:
(vii) the constitution of Pensions, Insurance and Provident Funds for the benefit of the officers, teachers, clerical and other staff;
(viii) the maintenance of a register of registered graduates; and
(ix) all matters, which by this Act, are to be or may be prescribed by the Statutes.
23 Framing of Statutes.
42. (1) Subject to the provisions of this Act and with the approval of the Court, the Executive Council may make Statutes for the purpose of carrying out the provisions of this Act, and in respect of all maters which are required to be or may be provided for by the Statutes.
(2) The draft Statutes or draft amendments may be approved or amended or rejected by the Court in the manner hereinafter provided that no draft Statutes or draft amendments to Statutes with financial implication shall be amended without further reference to the Executive Council.
(a) Every draft of Statute proposed by the Executive Council shall be submitted to the Court for consideration. Such draft shall be considered by the Court at its next meeting. The Court may pass the Statute or may amend it or may return the Statute to the Executive Council for reconsideration;
(b) any draft of a Statute proposed by the Executive Council and rejected by the Court shall be submitted to the Chancellor who may refer it back to the Court for reconsideration;
(c) every Statute passed by the Court shall be submitted to the Chancellor who may give or withhold his consent or refer it back to the Court for reconsideration;
(d) a Statute passed by the Court shall have no validity until it has been assented to by the Chancellor;
(e) any member of the Court may propose to the executive Council the draft of any Statutes; and the Executive Council shall submit such proposed draft to the Court with its comments.
Ordinances. 43. Subject to the provisions of this Act, and the Statutes, the Executive Council may frame Ordinances to provide for all or any of the following matters, namely:-
(i) the admission of students to the University and their enrolment as such;
(ii) the courses of study to be laid down for all degrees and diplomas of the University;
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(iii) the conditions under which the students shall be admitted to the degree and diploma courses and the examinations of the University and shall be eligible for the Degrees and Diplomas;
(iv) the conditions of residence of the students of the University;
(v) recognition of the Hostels;
(vi) the qualifying attendance required in the various courses;
(vii) the extension of University teaching in any suitable centre within the State by means of University extension lectures or others;
(viii) the emoluments and conditions of service of teachers of the University;
(ix) the fees to be charged for study in the University and for admission to the examinations, degrees and diplomas of the University;
(x) the formation of Departments of teaching in the Faculties;
(xi) the constitution, powers and duties of the Boards of the University;
(xii) the conduct of examinations; and
(xiii) all matters which by this Act or the Statutes are to be or may be provided by the Ordinances.
Regulations. 44. (1) Subjects 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:-
(i) number of members required to form a quorum ;
(ii) all matters which are required to be prescribed by the regulations under this Act, Statutes or the Ordinances;
(iii) all matters solely concerning the authorities and not otherwise provided for by or under this Act, Statutes or Ordinances.
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(3) Notwithstanding anything contained in 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 in the appeal shall be final.
Acts or proceedings not to be invalid by reasons of certain irregularities.
45. No act or proceedings of the University or of any authority or Committee of the University shall be invalid merely by reasons 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.
46. 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 or 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 shall be final.
Period of membership of the Authorities.
47. (1) All ex-officio members of all authorities of the University shall hold office so long as they hold membership, offices or posts by virtue of which they become members of such Authorities. All ex-officio members of all authorities of the University shall hold office so long as they hold membership, 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.
Delegation. 48. Subject to the provisions of this Act, the Vice-Chancellor, and with the previous approval of the Vice-Chancellor, the Registrar, may delegate any of his powers or duties conferred upon, imposed by or under this Act to an Officer under his direct administrative control.
26 Transitory Provisions.
49. (1) The Chancellor shall, within three months from the date of the commencement of this Act, appoint, on such terms and conditions as he thinks fit, a person to be the Vice-Chancellor. For this purpose he/she may constitute an Advisory Board as described in section 12(1). A Joint Secretary in the Education (Higher) Department shall be the Secretary to the search Committee so constituted.
(2) A Joint Secretary, Department of Higher Education, Government of Assam, nominated by Government shall act as the first Registrar of the University until a regular Registrar is appointed.
(3) The existing bank balances, bank accounts of the Cotton College and Cotton College State University shall be the property of the Cotton University.
(4) 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 Vice Chancellor, may by notification, direct and with the assistance of a Committee consisting of not more than six member nominated by the Chancellor, cause the first Statutes, the first Ordinances and the first Regulation so framed to 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.
(5) 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 Statutes, 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.
(6) 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 Section 23 shall commence to exercise the powers and duties conferred upon them by or under this Act, the first Statutes, and the first Regulations.
(7) 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 provisions of this Act.
(8) 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 this section.
(9) 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.
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(10) The present Principal of Cotton College shall hold an administrative / academic post deemed appropriate to the rank, qualification and status of the incumbent.
First appointment of Teachers and Authorities.
50. Notwithstanding anything contained in this Act, the first Registrar shall be appointed by the Chancellor, on such terms and conditions as he may deem fit. A Joint Secretary, Education (Higher), Government of Assam shall be the first Registrar until a regular Registrar is appointed by the Chancellor.
Appointment of Teachers.
51. (1) The teachers of the University may be appointed by the Executive Council after considering the recommendations of a Selection Committee consisting of the Vice-Chancellor and such other person or persons as per rules and regulations of the University.
(2) The seniority of the teachers in the integrated degree and post-graduate course shall be maintained as per norms.
(3) The headship in the department shall rotate every three years among those who are eligible for it.
(4) The University shall not create any post without the approval of the State Government.
Existing Teachers and Staff.
52. (1) All posts of Cotton College and Cotton College State University including the vacant posts are transferred immediately to the Cotton University with effect from the date of commencement of this Act.
(2) The existing teachers and staff of the Cotton College and Cotton College State University shall constitute a special cadre with respect to their service conditions at the time of their appointments.
(3) All pension matters of the present and past teachers and staff of Cotton College (now upgraded to Cotton University) shall be handled by the Directorate of Higher Education.
State Government's power of supervision.
53. (1) If, at any time, the State Government is of the 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 the State 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 desires 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.
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(2) If the 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 may 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.
54 (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 7 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 management, 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 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 anyone 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 in prior consultation with the Chancellor and shall take effect accordingly for the purposes of exercising the powers under the preceding sub-section.
(3) The State Government may constitute an Advisory Committee consisting of at least three 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.
Repeal of Assam Act No.XIX of 2011 and Savings.
55. (1) The Cotton College State University Act, 2011 shall stand repealed with effect from the date of commencement of this Act.
(2) Notwithstanding such repeal of the Act under sub-section (1), the validity or effect or consequence of anything already done or suffered or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect of any such right, title, obligation or liability or penalty, claim of demand etc., already commenced or enforced under the Act so repealed, before the date of commencement of this Act, shall have effect as if this repealing Act has not been passed.
(3) 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 so repealed or Rules, Statutes, Regulations in force under the repealed Act immediately before the commencement of this Act shall, in so 29 far as they are not inconsistent with the provisions of this Act, continue to be in force and shall be deemed to have been given, made, done, taken or commenced under the corresponding provisions of this Act.
Interpretation. 56. If any dispute arises as to the interpretation of any of the provisions of this Act, the interpretation given by the Chancellor shall be final and binding to all concerned.
Removal of difficulties.
57. (1) If any difficulty arises as to the first constitution or reconstitution of any Authority of 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, remove the difficulties as it deems necessary for the purpose.
(2) Notwithstanding all that is contained in this act, any difficulties or disputes encountered by the University shall be attended to by the Vice Chancellor in order to provide solution(s), in consultation with the Chancellor if required. In all such matters the Vice Chancellor's decision shall be final.
S. M BUZAR BARUAH Commissioner & Secretary to the Government of Assam, Legislative Department, Dispur