The 4th June 1065 No.LJL.18 65/7.—The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published- for general information.
ASSAM ACT V III OF 1965 (R eceived th e a ssen t o f th e Governor on the 3rd June, 19t>5) [Published in the Assam Gazette Extraordina; y, dated the 4th June, 1965] THE DIBRUGARH UNIVERSITY ACT, 1965 An Act to esta b lish and co n stitu te a teaching, resid en tia l and affiliating U niversity at D ibrugarh Preamble. Whereas it is expedient to establish and constitute a teaching, residential and affiliating University at Dibrugarh ;
I t is hereby enacted in the Sixteenth Year of the Republic of India as follows :— Short title ar d comrnencement.
1. (1) This Act may be called the Dibrugarh Uni" veisity Act, 1965,
(2) It shall come into force on such date or dates as the State Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different provisions of the Act, 2 Definitions, 2. In this Act, unless there is anything repugnant to the subject or context;
(1) “Affiliated College” means a college other than a constituent or recognized college, affiliated to the University and includes a college deemed to be affiliated under section 5 ;
(2) “Affiliated Institution” means an institution other than a constituent college or a recognized insti tution, affiliated to the University and includes an institution deemed to be affiliated under’section 5 ;
(3) “ Board of Studies” means a Board of Studies constituted under section 28 ;
(4) “Constituent College” means a college esta blished, maintained or managed by the University ;
(5) “ Constituent Institution” means an institution, other than a college established, maintained or managed by the University ;
(6) “ Court” means the Court constituted under section 18 ;
(7) “ Department” means a department of the Univ< rsity and designated as such by it, with reference to a subject or group of subjects of study in the Univer sity ;
(8) “Executive Council” and “Academic Council'” mean the Executive Council and the Academic Coun ■ cil constituted under sections 20 and 22 respectively ;
(9) “Finance Committee” means the Finance Coro mittee constituted under section 30 ;
(10) “ Government College” means a college main tained and managed by the State or Union Govern ment ;
(11) “Hall” means a unit of residence of the students maintained or recognized by the University a t which provision is made for imparting tutorial and other supplementary instructions ;
(12) “Head of Department” means Teacher-incharge of a department and designated as such by the University and includes any other person designated as such by the University ;
(13) “ Hostel” means a unit of residence of students maintained or recognized by the University, other than a h a ll ;
(14) “Post-graduate Board” and “ Under-graduate Board” mean the Post-graduate Board and the Under graduate Board constituted under sections 24 and 26 respectively ;
(15) “ Principal” means the Head of a teaching staff of a constituent, affiliated or recognized college ;
(It) “ Recognized College” means a college other than a constituent college, or affiliated college recog nised by the University and includes a college deemed to be recognized under section 5 ;
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(17) “ Recognized Institution” means an institution, other than a constituent or affiliated institution recognised by the University and includes an institu tion deemed to be recognised under section 5 ;
(18) “ Selection Committee” means the Selection Committee constituted under section 32 ;
(19) “ State Government” means the Government of Assam ;
(20) “ Statutes” , “Ordinances” and “Regulations’* mean, respectively, the Statutes, Ordinances, and the Regulations of the University made under this A c t;
(21) “ Teacher” means a professor, a reader o ra lecturer of the University or a college whether constituent or affiliated, or any other person imparting instructions or guiding research and desi gnated as a teacher by the University and includes a person recognized as a teacher by the Univeirsity; and
(22) “ University” means the Dibrugarh Univer sity as constituted under this Act.
TheUniver- 3.(1) The Chancellor, the Pro-Chancellor, the Vicesity. Chancellor, the Rector and the members of the Court, the Executive Council, and the Academic Council, so long as they continue to hold such office or membership shall constitute a body corporate by the name of “The Dibrugarh University” .
(2) The University shall have perpetual succession and a common seal, and shall sue and be sued by that name.
Powers of 4. The University shall have the following powers, t i ^ n iv e r ' n a m e *y
(i) to provide for instruction (including corres pondence courses) and research in th* humanities, science and technology, education, medicine and other profes sional subjects and in other spheres of learning and knowledge of a standard and thoroughness required and expected of a university of the highest standing, and to secure the advancement, diffusion and extension of knowledge in all spheres of learning ;
(ii) to establish within the university area or outside that area such field stations and specialised laboratories and such other units for research and instruction as are necessary for the furtherance of its objects;
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(iii) to organise and to undertake extra-mural teaching and extension services ;
(iv) to hold examinations and to grant to, and confet degrees, diplomas, certificates or other academic distinctions and to deprive persons of any degrees, diplomas, certificates or distinctions granted to or conferred upon them by the University for good and sufficient cause ;
(v) to create such teaching, administrative and other posts as the university may deem necessary from time to time and to make appointments thereto ; "•
(vi) to appoint or recognise persons as Profes sors, Readers, or Lecturers or otherwise as Teachers of the University ;
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(vii) to institute and award fellowships, schol arships, exhibitions and prizes ;
(viii) to establish and maintain colleges and halls, to recognise and supervise colleges and halls not maintain by the university and other accommodation for students, and to withdraw any such recognition;
(ix) to regulate and enforce discipline among students and employees of the university and to take such discipline measures in this regard as may be deemed necessary ;
(x) to make arrangements for promoting health and general welfare of students of the university ;
(xi) to determine and provide for examinations for admission into the university :
(xii) to affiliate with it or admit to any of its privileges or to recognise for any purpose eithtr in whole or in part, any college or institution or members or student thereof, on such terms and conditions as may from time to time, be prescribed, and to withdraw such affiliation, privil eges and recognition;
(xiii) to co-operate with any other university, authority, or association or any other public or private body having in view the promotion of purposes and objects similar to those of the university or appoint one or more representatives of the university to act upon any such body, authority or association for such pur poses as may be agreed upon, on such terms and conditions as may, from time $o time, be prescribed ;
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(xiv) to enter into any agreement for the incorpo ration in the University of any other institution and for taking over its rights, properties and liabilities and for any other purposes not repugnant to this Act ;
(xv) to demand and receive payment of such fees and other charges as may be pres cribed from time to time ;
(xvi) to acquire, hold, manage and dispose of any property movable or immovable, including trust or endowed property within or outside the University area, for the purposes or objects of the University, and to invest any funds representing such property in such manner as the Univer sity thinks fit ;
fxvii) to borrow with the approval of the State Government, on the security of the University property, money for the pur poses of the University ; and
(xviii) to do all such other acts and things, whether incidental to the powers afore said or not, as may be requisite in order to further the objects of the University.
5. (1) Save as otherwise provided in this Act, the J msdiciion pO w e rs of the University conferred by or under this Act shall extend to the districts of Lakhimpur and Sibsigar and to such other areas and colleges, institutions and other bodies beyond this territorial limit to which any or all of the powers of the University may be extended by it, with the previous approval of the State Government.
(2) From the date on which this Act comes into force the Gauhati University shall cease to exer cise its jurisdiction over all the colleges and institu tions affiliated to or recognized by it and lying within the districts of Lakhimpur and Sibsagar, and the Dibrugarh University shall exercise authority and jurisdiction over them from the aforesaid date, as if they were affiliated to, or recognized by the Dibrugarh University from the aforesaid date.
6 University 6, The University shall be open to all persons cSs-»°cas- irrespective of sex, race, caste, or creed and tes’and' n o t lawful for the University to adopt or im* creeds. pose on any person any test whatsoever of religious belief or profession in order to entitle him to be ad mitted thereto as a teacher or as a student, or to hold any office therein, or to graduate or to enjoy or exercise anv privilege thereof except in respect of any particular benefaction accepted by the University, where such test is made a condition thereof by any testamentary or other instrument creating such benefaction.
Officers of 7. The following shall be the officers of the the University: — University.
(i) the Chancellor,
(ii) the Pro-Chancellor,
(iii) the Vice-Chancellor,
(iv) Rector,
(v) the Registrar, and
(vi) such other persons in the service of the University as may be declared by the statutes to be the officers of the University.
The Ghan- 8. (1) The Governor of Assam shall be the Chan cellor. cellor of the University.
(2) The Chancellor, when present, shall preside at any meeting of the Court and at any convocation of the University.
Powersand 9. (1) The Chancellor shall have the right to duties of the cause an inspection to be made by such person or Chancellor, persons as he may direct of the affairs and properties of the University, of the colleges, institutions and bodies maintained by the University and also of the examinations, teaching and other works conduc ted or done by the University, its officers and autho rities, and to cause an enquiry to be made in the like manner in respect of all or any of the matters aforesaid and of any other matter connected with the University.
(2) The Chancellor shall in every such case give notice to the Executive Council of his intention to cause an inspection or enquiry to be made, and the Executive Council shall be entitled to appoint a representative who shall have the right to be present and heard at such inspection or enquiry.
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(3) The Chancellor may address the Vice- Chancellor with reference to the result of such inspec tion or enquiry and the Vice-Chancellor shall commu nicate to the Executive Council the views of the Chancellor with such advice as the Chancellor may offer on the action to be taken thereon.
(4) Fhe Executive Council shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it is proposed to take or has been taken on the result of such inspection or enquiry ana the advice of the Chancellor.
(5) When the Executive Council does not within a reasonable time, take action to the satis- • faction of the Chancellor, the Chancellor may after considering any explanation furnished or represen tation made by the Executive Council, if any, issue such directions as he may think fit and the Executive Council shall be bound to comply with such directions.
(6) Expenses that may be incurred in connection with such inspections or enquiries and certified as such by the Chancellor, shall be a charge on the Univer sity.
Pro-Chan- 10. (1) The Minister-in-charge of Education in the eellor. State shall be the Pro-Chancellor of the University.
(2) In the absence of the Chancellor or during his inability to act, the Pro-Chancellor shall exercise all the powers and perform all the duties of the Chancellor.
The Vice- 11. (1) The Vice-Chancellor, for the first two terms, Chancellor. sfia n j-,e appointed by the Chancellor. For any subse quent appointment to the post of the Vice-Chancellor, an Advisor) Board consisting of one member elected by the Court, one member elected by the Executive . Council and one member nominated by the Chan cellor shall be constituted :
i rovided that the members so elected or nominated shall not be from amongst persons holding any office of profit under the University or under any of its con stituent or affiliated colleges.
(2) The Advisory Board shall recommend to the Chancellor the names of not less than three persons from among whom the Chancellor shall appoint one to be the Vice-Chancellor after taking into considera tion the recommendations of the Advisory Board.
(3) The Vice-Chancellor shall be a whole-time officer of the University who shall hold office for a period of five years and shall be eligible for re-appointm en!» 8
Provided that notwithstanding the expiry of the aforesaid period of five years, he shall continue in office until his successor is appointed and enters upon his office.
(4) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be determined by the Chancellor:
Provided that the salary of the Vice-Chancellor shall not be less than Rs.2,500 per mensem including all allowances.
(5) Whenever there is any temporary vacancy in the office of the Vice-Chancellor by reasons of leave, illness or other cause, the Rector shall exercise powers and perform duties of the Vice-Chancellor :
Provided th t if the Rector is also unable to act, the Chancellor shall make such other arrangements as he may think fit for exercising the powers and perform ing duties ot the Vice-Chancellor during the absence.
The Chancellor shall determine the emoluments or allowances payable to a person temporarily appointed to exercise the powers and duties ol the Vice-Chan cellor.
Powers and 12. (1) The Vice-Chancellor shall be the princiduties of the pal executive ano academic officer ot the University. He Vice-Chan- s h a ]l >c e the ex-officio Chairman of the Executive Coun cil, the Academic Council, the Post-graduate Board, the Under-graduate Board, the Finance Committee and the Selection Committee and shall, in the absence ot the Chancellor and the Pro-Chancellor preside at all meetings of the Court and over rhe convocation to confer degrees. He shall be entitled to be present at and to address any meeting of any authority or mittee of the University.
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(2) The Vice Chancellor shall see that this Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all powers for that purpose.
(3) The Vice-Chancellor shall have the powers of convening the meetings of the Court, the Executive Council, the Post-Graduate Board, the Under-Graduate Beard, the Finance Committee and the Selection Committee whenever he finds it necessary and may for that purpose direct the Registrar to convene such a meeting at the time and place to be determined by the Vice-Chancellor and the Registrar shall be bound to comply with that direction.
(4) If in the opinion of the Vice-Chancellor an emergency has arisen which requires immediate action to be taken, the Vice-Chancellor shall take such action as he deems necessary and shall report the same to the authority or Committee which in the ordinary course would have dealt with the m atter:
Provided that where any such action taken by the Vice-Chancellor affects the services or emoluments of any person in the service of the University, such person shall be entitled to prefer within thirty days from the date on which he receives notice of such action, an appeal to the Executive Council, whose decision shall be final.
(5) The Vice-Chancellor shall exercise general control and supervision over the affairs of the University and shall give effect to the deci sions of the Authorities of the University.
(6) All powers relating to the proper mainte nance of discipline in the University shall stand vested in the Vice-Chancellor.
(7) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes or the Ordinances and shall perform such other acts as may be necessary to carry out or further the provisions of this Act, the Statutes or the Ordinances.
The Rector The ^-e c t o r shall be appointed by the Chan cellor cn the 1 ecommendation of the Vice-Chan cellor on such emoluments and allowances as may be fixed by the Executive Council. He shall hold office for a term of five years and shall be eligible for reappointment.
Powers and 14. The Rector shall exercise and perform such duties of the powers and duties of the Vice-Chancellor as may be Rector. delegated to him by the Vice-Chancellor.
the Regis- 15. (1) The Registrar shall be a whole-time salaried trar. officer of the University. The terms and conditions of the service of the Registrar shall be such as may be prescribed by the Ordinances.
(2) The Registrar shall be the Secretary of the Court, the Executive Council, the Academic Council, the Post-Graduate Board, the Under-Graduate Board, the Finance Committee and the Selection Committee but shall not be deemed to be a member of any of these authorities except that of the Court.
10 rowers »nd duties of the Registrar
16. The powers and duties of the Registrar shall be the following, namely:—
(a) to be the custodian of the records, the common seal of the University and such other pro perties of the University as the Executive Council shall commit to his charge,
(b) to conduct the official correspondence of the Court, the Executive Council, the Aca demic Council, the Post-Graduate Board, the Under-Graduate Board, the Finance Committee and the Selection Committee,
(c) to issue all notices convening meetings of all Authorities and Committees of which he is the Secretary, io keep minutes of meet ings of all such Authorities and Commit tees,
(d) to arrange for, superintend and conduct all examinations held by the University, as directed by the Examination Board,
(e) to sign and to verify all contracts and agree ments made on behalf of the University,
(f) to exercise general supervision over the funds of the University and to advise the Execu tive Council and the Finance Committee in regard to the financial policy of the University, tgj to manage, subject to the control of the Executive Council, the property and the investments of the University,
(h) to prepare and to present to the Executive Council the annual report of the working of the University, the annual state ment of accounts and the budget of the University for the next financial year, and to maintain properly the accounts of the University,
(i) to receive payment of all fees and charges payable to the University,
(j) to perform such other work as may from time to time, be assigned to him by the Execu tive Council or the Vice-Chancellor, and
(k) to make appointments to ministerial and Grade IV posts of the University.
11 ■^^Authorities < of the Uni versity.
17. The following shall be the authorities of the University:—
(1) the Court,
(ii) the Executive Council,
(lii) the Academic Council,
(iv) the Post-Graduate Board,
(v) the Under-Graduate Board,
(vi) the Finance Committee,
(vii) the Selection Committee, and t,viii) such other authorities as may be declar' d by the Statutes to be the authorities of the University.
The Court. 18.(1) The Court shall consist of the following persons, namely :•— A.—Ex- Officio M em ber
(i) the Chancellor,
(ii) the Pro-Chancellor,
(iii) the Vice-Chancellor,
(iv) the Rector,
(v) the Minister of Education of any other State or States, if any, to which the jurisdiction of the University may extend,
(vi) the Registrar,
(vii) the Secretary to the Government of Assam in the Education Department,
(viii) the Director of Public Instructions, Assam,
(ix) the Additional Director of Public Instructions, Assam,
(x) the Director of Technical Education, Assam,
(xi) the Secretary, Education of any other State to which the jurisdiction of the University may extend, xii) the Director of Public Instructions of any other State or States, to which the juris diction of the University may extend,
(xiii) the former Vice-Chancellors of the University
(xiv) the Vice-Chancellor of the Gauhati University and of any other University in the State, 12
(xv) the principals of the Degree Colleges affiliated to the University,
(xvi) the principals of the constituent Colleges,
(xvii) the heads of Departments and professors of the University, B —Other M em bers
(xviii) persons not exceeding ten in number, nomi nated by the Chancellor from among the donors, each of whom has contribu ted a sum of rupees five lakhs or more to the University,
(xix) five persons elected by the members of the Assam Legislative Assembly from among themselves,
(xx) two members of the Board of Secondary Education, Assam, elected by the afore said Board, ' •
(xxi) seven persons to be elected by the teachers, other than the heads of Departments and professors of the Departments of the University and the principals of the constituent and affiliated Degree Colleges from among themselves,
(xxii) ten persons distinguished in Literature, Law, Medicine, Engineering, Technology, Industry, Commerce and Public life nominated by the Chancellor,
(xxiii) two persons to be nominated by the Chan cellor from amongst those whose interests are not otherwise represented.
(2) The Court, on a date to be fixed by the Vice-Chancellor, shall meet at least once in a year at a meeting to be called the Annual Meeting of the Court.
(3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon requisition in writing signed by not less than one-third of the members of the Court, c anvene a Special meeting of the Court.
Powers and 19. Subject to the provisions of this Act, the Court dutieiofthe shall have the following powers and dutr*s, namely:— Court.
(a) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improve ment and development of such policies, programmes, works and other affairs, 13
(b) to consider the annual report, the annual statement of accounts, the audit report and the budget of the University for the next financial year, to approve the budget, with such comments, if any, to express its views on the annual report, the statement of accounts and the audit report and to suggest such measures as it may deem proper on the matters covered by them,
(c) to approve, with or without modifications, the Statutes submitted by the Executive Council:
Provided that before making any modifications to the Statutes submitted by the Executive Council, the Executive Council shall be given an opportunity to consider the modifications proposed by the Court and the Court shall consider the opinion expressed by the Executive Council on such modifications.
The Execu tive Council. 20. The Executive Council shall be the Chief Executive Body of the University and shall consist of the following persons, namely;—
(i) the Vice-Chancellor,
(ii) the Rector,
(iii) the Director of Public Instructions, Assam,
(iv) the Director of Technical Education, Assam,
(v) two Heads of Departments of the depart ments of the University who are professors, to be chosen by the Vice- Chancellor by rotation for a period of three years accor ding to seniority,
(vi) two principals of affiliated Degree colleges to be elected by them,
(vii) four members of the Court, other than the employees of the University or affiliated or recognized Degree Colleges or institu tions elected by the Court at its Annual General Meeting,
(viii) two persons, of whom at least one shall be woman, nominated by the Chancellor, and
(ix) two persons nominated by the State Government of Assam.’ 14 Powers and duties of the Executive Council.
21. Subject to the provisions of this Act, and the Statutes, the Executive Council shall have the follow ing powers and duties, namely :—
(a) to institute and confer degrees, titles, diplo mas, certificates and other academic dis tinctions to be conferred on the basis of examinations and to withdraw any such degree, title, diploma, certificate or other academic distinctions previously conferred, after considering the recommendations of the Post-Graduate Board and the Under- Graduate Board, as the case may be,
(b) to institute and confer honorary degrees or other academic distinctions and to with draw such degrees or academic distinctions previously conferred after considering the recommendations of the Post-Graduate Board and the Under-Graduate Board, as the case may be,
(c) to institute fellowships, scholarships, prizes and other awards and to withdraw any such fellowship, scholarship, prize or other award previously awarded, after taking into consideration the recommendations of the Post-Graduate and the Under-Graduate Boards, as the case may be,
(d) to institute professorships, readerships, lecturerships and other posts of teachers, required by the University and to recognize persons as teachers of the University, after taking into consideration the recommenda tions of the Post-Graduate Board and the Under-Graduate Board, as the case may be,
(e) to create administrative, ministerial and other posts, as may be necessary,
(f) to appoint from time to time, the office, and teachers of the University, the Prin cipals and Teachers of constituent colleges;
the Librarian of the University library and the holders of the administrative posts of the University, after considering the recommendations of the Selection Committee and other committees, as the case may be, constituted for the purpose,
(g) to make provision for the emoluments, duties and terms and conditions of service of the teachers of the University and the employees of the constituent colleges, ar 15 after taking into consideration the re commendations of the Post-Graduate Board and the Under-Graduate Board in this regard, as the case may be,
(b) to establish, maintain and manage colleges, institutions, departments, laboratories, museums, halls and hostels,
(i) to affiliate colleges and institutions not established, maintained or managed by the University and withdraw such affi liations,
(j) to constitute an Examinations Committee and to arrange for holding of, conduc ting and publishing the results of Univer sity Examinations. The constitution, powers and duties oi the Exami nation Committee will be determined by an Ordinance,
(k) to recognise libraries, laboratories, muse ums, halls and hostels not established, maintained or managed by the Univer sity and to withdraw such recognition,
(l) to determil e the form and to regulate the use of the common seal of the University,
(m) to take, receive, purchase or hold property movable or immovable, and to grant, demise, alienate, transfer or otherwise dispose of cr administer or manage any such property for the purpose of the University under this Act,
(n) to place before the Court, the annual re port of the working of the University, the annual statement of account, the budget of the University for next finan cial year, the audit report on the annual statement of account together with the views of the Executive Coun cil upon them, for consideration and necessary action:
Provided that the budget shall not be submitted to the Court unless Jhe Fin ance Committee has previously examined the same ai d the Executive Council has considered the advice and suggestions of the Finance Committee, 16 -
(c) to make allocations of funds to different bodies after considering the recommen dations of the Post-Graduate Board and the Under-Graduate Board in this regard, as the case may be, and
(p) to exercise all other powers of the Univer sity for the exercise of which no specific provision has been made in this Act or in the Statutes.
Academic 22. Tne Academic Council shall consist of the Council, following members, namely :—
(1) the Vice-Chancellor,
(2) the Rector,
(3) all Professors and Heads of Departments of the University departments and Principals of the constituent colleges,
(4) six Principals of affiliated Degiee colleges by rotation to be chosen by the Vice-Chancellor, for a period of three years,
(5) the Principals of the Engineering, Medical, Veterinary and Agricultural Colleges lying within the territorial limits of the University,
(6) six Professors nominated by the Vice-Chan cellor from the professional Colleges to be specified by the Statute,
(7) six persons, who may or may not be teachers, nominated by the Vice-Chancellor,
(8) the Director of Public Instructions, Assam,
(9) the Additional Director of Public Instructions, Assam, and
(10) the Director of Technical Education, Assam.
Powersand 23. The Academic Council shall have the a duties of the following powers and duties, namely:— Academic Council,
(a) to determine and specify from time to time the branches of study in which provisions for instructions, research and for advance, ment and dissemination of knowledge are to be made, 17 ■
(b) to approve, and when necessary revise, with or without modifications, the pattern of courses and the examinations to be held, after considering the recommendations of the Examination Committee, the Post- Graduate Board and the Under-Graduate Board, as the case may be,
(c) to approve the conditions for admission of students to Post-graduate and Under graduate courses, with or without modifi- , cations, after considering the recommenda tions of the Post-graduate Board and the Under-graduate Board, as the case may be,
(d) to supervise the University library,
(e) to give such directions and to suggest such measures, as it may think fit, to the Post- Graduate Board, the Under-Graduate Boards and the Board of Studies, on any matter affecting the academic work of the University, to consider the views expressed by the said Boards on the measures sug gested and to take such decisions as it may think fit,
(f) to receive theiproceedings of the meetings of the Post-Graduate Board, the Under-Graduate Board and the Examination Committee and to make such recommendations to the Boards or Committee concerned thereon, is it may think fit.
I’osi>gradua- 24. The Post-graduate Board shall have the te Board, following members, namely:—
(1) the Vice-Chancellor,
(2) th® Rector,
(3) six persons from amongst the Professors and Heads of Departments of Post-Graduate Departments of the University and the Heads of Department of the constituent e colleges, elected by the Academic Council,
(4) two members of the Academic Council, who are not professors or Heads of Department of the University, or of constituent colleges, elected by the Academic Council,
(5) four persons who may or may not be profes sors of the University, to be nominated by the Vice-Chancellor, and 18 Powers and duties of tlie Post graduate Board,
(6) one member of the Examination Committee to be nominated by the Vice-Chancellor.
25. Subject to the provisions o f this Act, the Statutes and the Ordinances, the Post graduate Board shall have the following powers and duties, namely :—
(a) to recommend to the Academic Council, the pattern of Post-graduate courses, the exa minations to be held for such courses. t and for their revision ;
(b) to approve the curricula and syllabi for the Post-graduate courses and to modify them when necessary, after considering the re commendations of the Boards of Studies ;
(c) to recommend to the Executive Council fat the institution and award of fellowships, scholarships, prizes, honorary degrees and other awards or other academic distinc tions, and for the institution and confer ring of degrees, diplomas, titles, certifica tes and other academic distinctions in the Post-graduate courses on the basis of exa minations and for the withdrawal thereof•
(d) to make recommendations to the Executive Council for the institution of professorships, lecturerships, readerships, or other posts of teachers required for the Post-graduate courses and for the recognition of persons as teachers of the University for such courses, and regarding their emoluments, duties, and terms and conditions of their services ;
(e) to recommend to the Academic Council the conditions for the admission of students to p osVGraduate courses, and to make regula tions for their attendance and progress ;
( f ) to make Regulations in regard to the residence, discipline of students in the departments and the constituent colleges, and institutions imparting Post-Graduate courses and for the promotion of their health and welfare ;
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(g) to make recommendations to the Executive Council regarding the allocation of funds to the Post-Graduate Departments and constituent colleges and institutions engag ed in instruction in Post-Giaduate courses or research, and to the libraries, labora tories, museums established by the Univer sity ;
(h) to review the works of the Post-Graduate Departments and colleges and institutions engaged in instruction in Post-Graduate courses and research and to call for report thereon, and to take all steps necessary for the improvement of standard of research and teaching and other affairs therein ;
(i) to consider the measures suggested by Acade mic Council on any matter affecting the academic work of the University and to express its views on them, to consider any matter referred to it by the Executive Council or the Academic Council and to submit reports thereon to the Executive Council, or the Academic Council, as the case may be ;
( j ) to approve the panels of the examiners for Post-Graduate examinations, with or with out modifications, after considering the recommendations of the Boards of Studies and to modify the same at any time after consultation with the Boards of Studies concerned ;
(k) to promote research within the University and to make regulations governing research degrees ; and
(1) to appoint Committees, and to fix their terms of reference, in regard to any matter within the jurisdiction of the Post-Graduate Board.
Under-Gra- 26. The Under-Graduate Board shall consist of duate Board, following members, namely :—
(1) the Vice-Chancellor,
(2) the Rector, 2b
(3) three persons from among the professors and the Heads of Departments of the depart ments of the University and of the constituent Colleges, elected by the Academic Council,
(4) six Principals, including at least three from professional colleges, elected by the Academic Council from amongst its own mem bers,
(5) three persons who may or may not be mem bers of the Academic Council, nominated by the Vice-Chancellor,
(6) Chairman of the Board of Secondary Educa tion, Assam, and *
(7) one member of the Examination Committee to be nominated by the Vice-Chancellor.
powers and 27. Subject to the provisions of this Act, the U^d6 ' $ t a t u t e s a n d Ordinances, the Under-Graduate Board duate^Board^hall have the following powers and duties, namely:—
(a) to recommend to the Academic Council the pattern of courses and examinations for the Under-Graduate courses and the revision thereof,
(b) to make recommendations to the Executive Council for the institutions of professor ships, readerships, lecturerships or other posts of teachers required for the Under graduate courses in the University and the constituent colleges and for the recognitions of persons as teachers of the University for such courses and regarding their emoluments, duties and terms and condi tions of services,
(c) to make recommendations to the Executive Council for the award of scholarships, » prizes and other awards and for the conferment of degrees, diplomas, titles, certificates and other academic distinc tion in the Under-graduate courses,
(d) to approve the curricula and syllabi for the Under-graduate courses and to modify them when necessary, after considering the recommendations of the Boards of Studies concerned,
(e) to make recommendations to the Executive Council regarding the allocation of funds to the constituent colleges and institutions and to the departments imparting instructions in Under-graduate courses, 21 * » - ( f ) to review the work of the Under-graduate departments and colleges and institutions imparting instructions in Under-graduate courses, to call for reports thereon and to take steps necessary for the improve ment of the standard of teaching and other affairs therein,
(g) to recommend to the Academic Council the conditions for the admission of students to Under-graduate courses and to make Regulations for their attendance and progress,
(h) to approve the panels examiners for « Under-graduate examinations, with or without modifications, after considering the recommendations to the Board of Studies and to modify the same at any time after consultation with the Board of Studies,
(i) to make Regulations in regard to the residence, health and discipline of the students in Under-graduate courses,
(j) to consider the measures suggested by the Academic Council on any matter affecting the academic work of the University and to express its views on them, to consider any matter referred to it by the Executive Council or the Academic Council and to submit report thereon to the Executive Council or the Academic Council, as the case may be, and
(k) to appoint Committees, and to fix their terms of reference, in regard to any matter within the jurisdiction of the Under-graduate Board.
j Boardof 28. (1) There shall be a Board of Studies in each Studies, main branch of study. Those branches shall be speci fied, and when necessary modified by the Academic Council.
(2) Each Board of Studies shall consist of the following members, namely—
(i) Chairman—A Professor or Head of Department of the University, in the branch concerned, nomi nated by the Vice-Chancellor, <zi) three persons with qualifications in the branch of study, elected by the Academic Council, 22
(iii) one expert consultant, not connected with the University, nominated by the Chair man with the approval of the Vice- Chancellor.
(3) Subject to the previous approval of the Vice- Chancellor, the Board may consult any other expert or experts when necessary on any matter within its field.
Powers and 29. Subject to the provisions of this Act, the duties of the Sta tu te s and the Ordinances, each Board of Studies Smdies ° shall have the following powers and duties, namely :—
(a) to make recommendations to the Post graduate or the Under-graduate Board, as the case may be, about the pattern of courses, curricula and syllabi to be laid down for different courses and the examina tions to be held for such courses and to make recommendations for revision of courses, syllabi, curricula and examinations in so far as they relate to the field of the particular branch of study,
(b) to prepare, and when necessary revise, the panels of examiners for the different exam inations, for submission to the Exami nation Committee, and
(c) to consider any other matter referred to it by the Post-graduate or Under-graduate Board, the Academic Council or the Execu tive Council, as the case may be and to submit a report to the authority concerned upon the matter so referred.
finance 30. There shall be a Finance Committee of Committee the University consisting of the following members, namely.—
(i) The Vice-Chancellor, as the President, * ' i i
(ii) two members elected by the Court from amongst its members,
(iii) two members elected by the Executive Council from amongst its members, and
(iv) two members to be nominated by the State Government—one from the Finance and the other from the Education Department.
23 Powers and 31, The Finance Committee shall have the the^Financef°^o v i‘n g powers and duties, namely:— Commits e.§
(a) to examine the annual budget estimates and to give advice and suggestions 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 expend iture involving a sum of money exceeding , rupees ten thousand and to advise 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 the grades of pay of new posts to the Executive Committee, and
(g) to deal with such other matters relating to the financial matter of the University, as may be presci ibed by the Statutes and the Ordinances.
Selection 32. (l)(a) There shall be a Selection Committee Committee.; fo r making recommendations to the Executive Council for the appointment of the officers and teachers of the University, the Principals and Teachers of constituent colleges, and the Librarian of the University Library consisting of the following members :—
(i) the Vice-Chancellor as Chairman of the Selection Committee,
(ii) two persons, not holding any post of pro fit under the University, one nominated by the Chancellor and the other nominated by the Executive Council.
(b) In making recommendations for the appointi ments of professors of the University, the Selection Committee shall co-opt two persons not holding any post of profit under the University and having special know- , ledge of the subject which the professot will teach, nominated by the Executive Council in consultation with the Post graduate Board.
(c) In making recommendations for the appoint ments of Readers or Lecturers and other teachers of the University, the Selection Committee shall co-opt the Head of Department concerned of the University, 24 and a person having special knowledge of the subject concerned and nominated by the Executive Council in consultation with the Post graduate Board. If the Head of the Department concerned is himself a candi date for the post, another person having special knowledge in the subject shall be nominated by the Executive Council in consultation with the Post-graduate Board.
(2) If a member of the Selection Committee is una ble to attend, he may send his opinion in writing to the Vice-Chancellor and such opinion shall be taken into consideration by the Committee in making its recom mendations.
Explanation.—For the purpose of this section the co-opted members will be deemed to be members of Selection Committee for the purpose for which they are co-opted.
4 a
(3) If the Executive Council does not accept any of the recommendations of the Selection Committee, it shall refer the matter to the Chancellor, stating clearly the reasons for not agreeing with the Selection Com mittee, and the decision given by the Chancellor there on shall be final.
(4) The Executive Council shall constitute one or more Committees for making recommendations to the Executive Council for appointment to other administra- • tive posts and may prescribe by ordi nances the procedure and methods to be followed in making such recommendations.
^ u n d T 5, 33’ ('■) The University shall have a fund to be known as “ The Dibrugarh University Fund” to which shall be credited all its income, fees, lines, contributions, donations, loans and advances from any other source. The University may also create by Ordinance made in this behalf, one or more separate special funds for the administration of endowments, trusts or ether grants for specific purposes.
(2) The State Government shall for the purposes o f this Act, contribute annually to the University Fund a sum not less than rupees twenty lakhs to meet the recurring charges of the University.
Account* 34. (1) The annual statement of accounts of the an 1 Audit. University prepared by the Registrar shall be subjected to such audit as the State Government may direct.
■ V ' 25
(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 tate 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 contained hereinbefore, the State Government shall have power when deemed necessary to order an audit of the accounts of the Uni versity including those of the institutions managed by it_by such auditors as it may direct.
Statutes. 35. (1) Subject to the provision of this Act and with the approval of the Cour t, the Executive Council may make Statutes for the purpose of carrying out the provisions of this Act, and in respect oi all matters which are required to be or may be provided for by Statutes.
(2) Without prejudice to the generality of the preceding sub-section, such Statutes may provide for all or any of the following matters, namely :—
(a) declaration of persons in the service of the University to be officers of the University,
(b) appointment, powers, duties and terms and conditions of service of the officers other than the Chancellor and Pro-Chancellor and of the holders of the other posts of the University in so far as these have not been specifically provided for in this Act,
(c) establishment and declaration of Authorities of the University, ; d) constitution, powers and duties of the Autho rities and committees cf the University and of the members thereof, in so far as these have not been specifically provided for in this Act, iC) terms and conditions for the institution and award of fellowships, scholarships, prizes degrees, honorary degrees, titles, diplomas, certificates, other academic distinctions and awards and for their withdrawals, 26 (IJ the terms and conditions of affiliating colleges and recognising institutions, not established, maintained or managed by the University, and the terms and condi tions for recognising libraries, laboratories, museums, halls and hostels, not established or maintained by the University and the conditions for the withdrawal of such affiliations and recognitions and matters relating to the privileges to be enjoyed by such colleges and institutions and other bodies, whether affiliated or recognized,
(g) 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, recognised or affilia ted, and the manner in which the Execu tive Council is to exercise its general control and supervision 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 may either reject the same or submit the dralt to the Court, with such modifications as it may suggest.
(4) Notwithstanding anything contained in this section, the Executive Council shall not submit the draft of any Statute effecting 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 sanc tion, disallow or remit it for further consideration.
Ordinances, 36. (1) Subject to the provisions of this Act and the Statutes, the Executive Council may make Ordinances for the purposes of carrying out the provisions of this Act and the Statutes and in respecc 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 pre ceding sub-section, such Ordinance may provide for all of any of the following matters, namely :—
(a) admission of students to the departments, colleges, institutions and other bodies whe ther constituted, affiliated or recognised, and courses of study for all Degrees and Diplomas, « 27
(b) the rules and procedures for holding elections to the Court, the Executive Council, Academic Council and other authorities and bodies of the University and for deter mining 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 cf students to the examinations conducted by j» 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 recogni sed, and
(f) investigations or enquiries to be made by the Executive Council under this Act.
(3) Notwithstanding anything contained in the pre ceding sub-sections, no Ordinances shall be made affecting the conditions of the inode of appointment and the duties of examiners or the conduct or standard of examinations or of any course of study unless a draft of such ordinance lias been considered by the Academic Council cn being referred to it by the Executive Council and unless the Executive Council has considered the opinion ol the Academic Council.
Regulation . 37 (1) Subject to the provisions of this Act, Statutes and Ordinances, each of the Authorities of the Univer sity 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 F egulations may provide for all or any of the folio in > matters, namely :—
(a) the procedure to be observed at the meeting of the authority concerned and the number ol members required to.form a quorum,
(b) all matters which are required to be pres cribed by the regulations under this Act, Statutes or the Ordinances, 28
(c) all matters solely concerning the authorities concerned and not otherwise provided for b 5or under this Act, the Statutes or Ordinances.
(3) Notwithstanding anything contained in the preceding sub-secti >ns the Executive Council may direct any authority concerned to make such amend ments 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 decision of the Chancellor given on the appeal shall be final.
A Aeuorpro- 38. No act or proceeding of the University or of to'be^va- a n Y Authority or Committee of the University shall lid by reason be invalid merely by reason of the existence cf any of certain Vacancy or vacancies among its members or by reason irregularities o f th.e invalidity of the election, nomination, appoint ment of any of its members or by reason of any irregu larity in the manner of choosing a member.
Chatfcellor’s 39. Whenever any question arises as to whether any decision to person has been duly elected, appointed, chosen or l»e final in nominated as, or is entitled to be, a member of any ter»a in m , t " 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 Ordina nces, the question shall be referred to the Chancellor, whose decision thereon shall be final.
Fariad of 40. (1) All Ex-officio members of all Authorities of memberships the University shall hold office so long as they hold • f . £.h e the memberships, offices or posts by virtue of which u ori es. they become members of stich 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 further that notwithstanding the expiry of the term of membership of any authority such member shall continue to hold the membership until the new member is elected, nominated, appoin ted or chosen in his place.
(3) Any member elected, nominated, appointed «r chosen to fill a casual vacancy shall hold office foi the unexpired portion of the term of office of the member in whose seat he is so elected, nominated, appointed er chosen.
29 A filiation. 41. 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 Govern ing 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 ade quate and suitable,
(c) that the strength and qualifications of the teaching staff are 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, disci oline and supervision of its students, (ei that the financial resources of the college or institution are adequate to make provisions for its continued maintenance and efficient working, and
(1) that 1 he affiliation of the colleges or insti tutions 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. 42. (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-— j) the Vice-Chancellor,
(ii) the Executive Council, or 30
(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, 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) the Finance Committee.
(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) a committee constituted from among its own members,
(iv) the Post-graduate Board or the Under-graduate Board, or
(v) any of the Boards of Studies.
(d) The Finance Committee may delegate any of its powers and duties conferred or impos ed by or under this Act, to— the Vice-Chancellor.
T/ansitory 43. (1) The Chancellor shall, within three months i rov:sion. 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.
(2) The first Vice-Chanceilor shall, within a period of three months from the date of his appointment 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 Ordinances, and the first Regu lations of the University to be framea or made and published with the approval of the Chancellor and the first Statutes, the first Ordinances and the first Regulations so framed shall come into force with > * o -Bi effect from the date of such publication as if they were framed or made under the provisions of this 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, by notification direct, from the date of coming into fotce of the first Matutes, the first Ordinances and the first Regulations cause arrangements to be made for con stituting the first Court, the first Executive Council, the first Academic Council, the first Post-graduate Board and the first Under-graduate Board in accor dance 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 provisions of this Act.
(6) The Cist 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 the members of the Authorities, constituting the University have not been appointed, nomina ted, chosen or elected, as the case may be, the University shall be deemed to have come into exis tence on and from the date on which this Act comes into force.
First ap pointment o officers and Teachers of University.
44. (1) Notwithstanding anything contained in this Act, the first Rector and the first Regis trar shall be appointed by the Chancellor on such terms and conditions as he may deem fit.
2) At any time after the commencement of this Act, any officer of the University may be appointed by the Vice-Chan cellor with the previous sanction of the Chancellor.
32
(3) The teachers of the University may be appointed by the Chancellor after consi dering the recommendations of an Advi sory Committee consisting of the Vice- Chancellor and such other person or persons as the Chancellor thinks fit to associate with himself.
1,4) Any appointment made under sub-sections
(2) and (3) shall be for a period not exceeding five years and on such condi tions as the appointing authority thinks fit to specify provided that no such ap pointment shall be made until financial arrangement has been made thereof.
The State 45. (1) If, at any time, the State Government Govern- a r e o f opinion that special reasons exist that in any e™e n t of respect the affairs of the University are not managed Supervision” in furtherance of the objects and purposes of the University or in accordance with this Act and the Statutes and Regulations, or in furtherance of objects for which any grant or donation is specifically made by Government, Public bodies or individuals, the State Government may indicate to the Execu tive 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 pro posal 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 Committee shall give effect to such instruc tions.
Removal 46. If any difficulty arises as to the first constituof difficul- tion or reconstitution of any authority of the Univer ties. sity after the commencement of this Act or other wise in first giving effect to the provisions of this Act, the State Government may by order do anything which appears to them necessary for the purpose ®t removing the difficulty.
U. TAHBILDAR, Deputy Secretary to the Govt, of Assam, Law Department.,