Registered No.-768/97 THE ASSAM GAZETTE EXTRAORDINARY WT PUBLISHED BY THE AUTHORITY H? 153 25 CT, 2011, 4 CT&, 1933 (“Rs) No. 153 Dispur, Wednesday, 25th May, 2011, 4th Jyaistha, 1933 (S.E.)
GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH NOTIFICATION The 24 th May, 2011 No. LGL.15/2011/36: The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information.
ASSAM ACT NO. X OF 2011 (Received the assent of the Governor on 16th March, 2011) THE JYOTI BISHNU UNIVERSITY OF ART AND CULTURE ACT, 2011 1316 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 25. 2011 _________ _ A N & ACTto establish and constitute a teaching and affiliating Cultural University in the State of Assam.Preamble Whereas it is expedient to establish and constitute a teaching andaffiliating Cultural University in the State of Assam;It is hereby enacted in the Sixty-second Year of the Republic of India as followsShort title, 1. K extent and commencement Definitions 2.
(1) This Act may be called the Jyoti Bishnu University of Art and Culture Act, 2011.(2) It extends to the whole of Assam.(3) It shall come into force on such date as the State Governmentmay, by notification in the Official Gazette, appointCHAPTER-I PRELIMINARYIn this Act, unless the context otherwise requires,-[a] “Academic Council" means the Academic Council of the University;
1(b) "Affiliated institution” means a College or an Institution affiliated to the University and includes a college or an institution deemed to be an affiliated college or institution under this Act;(cj “Board" means the Board of Management of the University;(d) "Board of Studies" means the Board of studies of the University;(e) "Chancellor" means the Chancellor of the University;(f) "College" means an Institution admitted to the University in accordance with the provisions of this Act and the Statutes and includes a College managed by the University;(g) "Constituent College" means a College established, managed, maintained and controlled by the University and includes a College or an institution deemed to be a constituent college of the University;(h) "employee" means eveiy person in the whole-time employment of the University;(i) "faculty" means a faculty of the University;0) "Government” means the Government of Assam;(kj "Institute" means the Institute, College or centre attached to the University as an affiliated Institute, or a constituent Institute and the word “institution" shall be construed accordingly;(1) "other Universities” means the Universities established or deemed to have been established under any other enactments;
1317THE ASSAM GAZETTE. EXTRAORDINARY MAY25 _2011
(m) "performing arts" include music, dance and drama;(n) “Prescribed" means prescribed by Statutes, Regulations or rules;(0) "section" means a section of this Act;(P) "State” means the State of Assam;(q) “Statutes", "Regulations" and "rules" means respectively the “Statutes", "Regulations” and "rules” of the University made under this Act;(r) "Teacher" means a Professor, Reader, Lecturer or such other person imparting instruction or conducting or supervising research either in the constituent college or in the departments of the University, or in an affiliated college as the context may imply; and 0) "University" means the jyoti Bishnu University of Art and Culture established under this Act.CHAPTER-II THE UNIVERSITY Incorporation 3 o f the University
(1) The Chancellor, the first Vice-Chancellor, Members of the Board and the Academic Council and all persons, who may hereafter become such Chancellor, Officers and Members so long as they continue to hold such office or membership shall constitute a body corporate, by the name of the Jyoti Bishnu University of Art and Culture and such body corporate shall have perpetual succession and a common seal and may sue and be sued by that name.(2) The headquarters of the University shall be located at Tezpur in Sonitpur District of Assam.(3) Subject to the provisions of this Act and the Statutes, the University shall be competent to acquire and hold property both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property, which may have become vested in, or may have been acquired by it for the purposes of the University and to contract and do all other things necessary for the purpose of this Act.
Objects 4. The University shall have following objects:(i) to promote education, research and training in various spheresof culture including language, literature, visual arts, performing arts;(ii) to impart education and disseminate learning in architecture and folklore for the advancement of knowledge and for the betterment of society;
1318 General powers and functions of the University THE ASSAM GAZETTE. EXTRAORDINARY MAY 25. 2011 _----------------x — (iii) to generate and disseminate learning and promote creative excellence in various spheres of culture, providing the infrastructure for instruction, research and creativity and, in particular, to take appropriate measures for promoting interdisciplinary, academic and creative pursuits in the University;(iv) to promote ethnic studies like ethno archaeology and ethnomusicology;(v) to provide facilities and opportunities for graduate;post-graduate, doctorate and post-doctorate education in various sphere of culture including language, literature, visual arts, performing arts, architecture and folklore by instruction, training, research, development and extension and by such other means as the University may deem fit;(vi) to serve as a centre for fostering co-operation and exchange of ideas among the academic and research communities;(viij to organize exchange programmes with other and Universities institutions of repute in India and abroad; and(viii) to undertake such other activities as may be required to fulfill the above objects.5. The University shall in particular exercise and perform the following powers and functions, namely(a) to provide for guidelines in creative arts and allied branches of learning;(b) to grant, subject to such conditions as the University may determine, diplomas or certificates and confer degrees and other academic distinctions on the basis of examination, evaluation or any other method of assessment, on deserving persons;(c) to confer honorary degrees or other distinctions on persons for their creative excellence;(dj to institute Fellowships, Awards, Medals and Scholarships;[e] to recognize and institution of higher learning and research for such purposes as the University may determine;[Q to appoint persons working in any other University or organization as Fellows and Visiting Professors of the University for specified periods;[g] to collaborate or associate with other Universities or authorities or institutions of higher learning;[h] to establish and maintain Colleges, Academies, Institutes and Cultural Complexes;[i] to take up documentation, translation and publication and for that purpose, enter into arrangements with other institutions or bodies;0) to declare a College, Academy or Institute as Autonomous;(k) to determine standards for admission into the colleges of the University;
THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25, 2011 1319 University opens to all classes and creeds
(l) to make arrangements for promoting general welfare of the teachers, employees and students;(m) to regulate and enforce discipline among the employees and students;(n) to receive donations and to acquire, hold, manage and dispose of any movable or immovable property;(o) to make arrangements for promoting the health, general welfare and moral well-being of students and take such measures as would foster in them habits of hard work, self-discipline and spirit of service to society;(p) to fix the fees payable to the University and to demand and receive such fees;(q) to hold and manage endowments and bursaries and institutes and award fellowships, scholarships, studentships, medals and prizes;(r) to institute and provide funds wherever necessary for carrying out the functions of the University;(s) to co-operate with the other Universities or Institutions or Authorities or Associations in such manner and for such purposes as the Board may determine;ft] to establish, maintain, manage, and confer recognition to hostels;(u) to co-ordinate, supervise, regulate and control the teaching and conduct of research work in the affiliated institutions to the extent deemed necessary;(vj to determine the powers and duties of the officers and other employees of the University other than those provided in this Act;(w) to provide for inspection of affiliated institutions and lay down standards of instruction and research;(x) to institute and establish professorships, readerships, lecturerships and any other teaching and research posts required by the University and to appoint persons to such professorships, readerships, lecturerships and tether teaching and research posts; and(y) to do all such acts and things as may be required in furtherance of the objects of the University.6. No person shall, on grounds only of religion, race, caste, sex descent, residents, language political opinion or any other of these, be ineligible for, or discriminate against in respect of any employment or office under the University or Membership of any of the authorities or bodies of the University or admission to any course of study or research in the University:Provided that the University may, in consultation with the Government, reserve seats for the members of the Backward Class of Citizens or Scheduled Castes or Scheduled Tribes, or women or any other category of persons for the purpose of admission as students to any of the constituent colleges or the institutions of the University or affiliated colleges and institution.
THE ASSAM GAZETTE. EXTRAORDINARY, MAY 25, 2011CHAPTER-III THE CHANCELLOR AND OFFJCERS OF THE UNIVERSITY The Chancellor 7. (1) The Chief Minister of Assam shah, by virtue of his office, be the Chancellor of the University.(2) The Chancellor shah be the head of the University and shall, when present, preside at the meeting of the convocation of the University.(3) The Chancellor shall exercise the powers of overall supervision over the University and take requisite steps to develop it as a centre of excellence in creativity, research and learning.(4) The Chancellor may, either suo moto or on a reference made to him by the Vice -Chancellor under the provision of sub-section (8) of section 10 or by the State Government, by order in writing, annul any proceedings of any of the authorities of the University which is not in conformity with this Act, the Statutes, the Regulations, the rules, or any other law for the time being in force:Provided that before making any such order, the Chancellor shall call upon such authority to show cause why any such order should not be made and consider the cause, if any, shown by such authority within a period not exceeding sixty days as may be fixed by the Chancellor.(5) The Chancellor shall have the right to suspend or dismiss any of the authorities of the University and to take measures for the interim administration of the University:Provided that before taking any such action Chancellor shall give an opportunity to such authority to show cause why such an action should not be taken.(6) Every proposal, for the conferment of an honorary degree shall be subject to confirmation of the Chancellor.(7) An appeal shall lie to the Chancellor against any order of dismissal passed by the Board or the Vice-Chancellor again’st any employee in the service of the University.(8) An appeal under sub-section (7) shall be filed within sixty days from the date of service of the order of dismissal on the employee concerned.(9) The Chancellor shall have power to remove the Vice- Chancellor from office by an order in writing on charges of mismanagement of funds or misconduct or for any other good and sufficient reasons:Provided that orders removing the Vice-Chancellor under this sub-section shali not be passed until such charges are proved by an enquiry conducted by an officer not below the rank of Secretary to the Government, appointed by the Chancellor for the purpose:
THE.ASSAM GAZETTE EXTRAORDINARY MAY 25_ 20.11 1321 Officers o f the University:
The Vice-Chancellor
Provided further that the Vice-Chancellor shall not be removed under this sub-section unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.
8. The following shall be the officers of the University, namely:-(1) the Vice-Chancellor;(ii) the Registrar;(iii) the Finance and Accounts Officer;(iv) the Controller of Examinations; and(v) such other officers as may be declared by the Statutes to be Officers of the University.9. [1] The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendations of a Committee appointed by him consisting of three members, one nominated by Universities Grants Commission, one elected by the Board and the third nominated by the Government and the Committee shall make its recommendations within a period of three months from the date of its appointment:Provided that no person shall be eligible to be a member of the Committee if he is a member of any of the authorities of the University or an employee of the University or of a college or institution maintained or recognized by or affiliated to the University:Provided further that the first Vice-Chancellor shall be appointed by the Chancellor on the recommendation of the Government for a term not exceeding two years.(2) In case the Committee appointed under sub-section (1) is unable to recommend a name unanimously, the Vice- Chancellor shall be appointed by the Chancellor from the panel of three names submitted to him by the Committee within the period specified in the preceding sub-section.(3) If the Committee fails to make a unanimous recommendation or submit a panel of names as aforesaid, another committee shall be appointed by the Chancellor in the same manner as provided in sub-section (1] to make unanimous recommendation or submit a panel of three names to the Chancellor, who shall appoint a Vice- Chancellor accordingly.(4) No person who has completed sixty-five years of age shall be eligible to hold the office of the Vice-Chancellor.(5) The Vice-Chancellor shall hold office for a term of three years from the date on which he enters upon his office and shall be eligible for reappointment for another term of two years or till he attains the age of sixty-five, whichever is earlier, without following the procedure specified in subsection (1).(6) The remuneration payable to, and the other conditions of service of the Vice-Chancellor shall be determined by the Chancellor:Provided that the emoluments and other conditions of the service shall not be varied to the disadvantage of the Vice-Chancellor during his tenure as Vice-Chancellor.
1322. THE , Powers and duties o f Vice-Chancellor.
(7)
(8) jSAM_GAZETTE, EXTRAORDINARY, MAY25. 2011
10. (1) The Vice-Chancellor shall be the principal of Vice- Chancellor academic and executive officer of the University and all other officers of the University shall be subject to general supervision and control of the Vice-Chancellor.(2) The Vice-Chancellor shall be the Chairman of the Board and the Academic Council, and shall be entitled to be present at and to address any meeting of any authority of the University, but shall not be entitled to vote, there at unless he is a member of the authority concerned.(3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, the Statutes, Regulations and rules are observed and he shall have all the powers necessary for this purpose.(4) The Vice-Chancellor shall have the right of visiting a n d . inspecting institutions maintained by or affiliated to the University;(5) If the Vice-Chancellor is of the opinion that any order or decision which is required to be passed or made by any authority of the University is necessary to be passed or made immediately and it is not practicable to convene a meeting of the said authority for that purpose he may pass such order or take such decision as he deems proper and place the matter before the said authority at its next meeting within sixty days for ratification and where the authority differs from the Vice-Chancellor, the matter shall be referred to the Chancellor whose decision thereon shall be final.(6) Subject to the provisions of this Act and the Statutes, the Vice-Chancellor shall have the power(a) to make appointments to posts of non-teaching employees' or to such posts as may be prescribed and specify their duties;(b) to suspend, dismiss or otherwise punish any nonteaching employee of the University; and(c) to take disciplinary action against students of the University;The Vice-Chancellor shall have the power to convene meetings of the Board or the Academic Council or any other authority of the University.It shall be the duty of the Vice-Chancellor to ensure that the proceedings of the University are carried on in accordance with the provisions of this Act, the Statutes, the Regulations and the rules made there under. If the Vice-Chancellor is of opinion that any proceedings or order of an authority of the University is violative of any of the provisions of this Act or the Statutes, Regulations or rules made there under, he may, by an order in writing, stay the operation of such proceedings or orders and send a report and make a reference to the Chancellor for a final decision in accordance with the provisions of sub-section (4) of section 7.
the ASSAM GAZETTE EXTRAORDINARY MAT 25. 2011 1323(9) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and the Regulations.(10) In the event of absence of Vice-Chancellor from the headquarters or during his inability to act due to reasons like illness, the Chancellor may make such arrangement for performance of the duties of the Vice-Chancellor as he may deem fit during such absence.(11) In the event of the occurrence of vacancy in the office of the Vice- Chancellor, by reasons of death, resignation or otherwise, the Chancellor may appoint any person to act as Vice-Chancellor until regular appointment of Vice-Chancellor is made in accordance with section 9:Provided that the period of such interim arrangement shall not exceed six months.
The Registrar 11. (1) The Registrar shall be a whole time officer of theUniversity and shall be appointed by the State Government for such period and on such terms and conditions as may be prescribed by the Statutes.(2) The Registrar shall be responsible for, -(a) the custody of the records and the common seal of the University;(b) maintaining a permanent record of the academic performance of students of the University including the courses taken, grades obtained degrees awarded, prizes or other distinctions won and any other items pertaining to the academic performance of the students;(c) executing all contracts on behalf of the University; and(d) acting as the Secretary of the authorities of the University.(3) The Registrar shall exercise such other powers and perform such other duties as are imposed on him by the Statutes.(4) Suits and other legal proceedings by or against the University shall be instituted by or against the Registrar.
The Finance and 12. (1) The Board shall appoint a person selected from among a Accounts Officer. panel containing the names of officers belonging to theAssam Finance Service, Class-1 furnished by the Government or from any other source as may be provided in the Statutes, as the Finance and Accounts Officer of the University for such periods and on such terms as may be• prescribed by the Statutes.
1324 THE ASSAM GAZETTE, EXTRAORDINARY. MAY 25, 2011__________,(2) The Finance and Accounts Officer shall,-(a) act as the Treasurer of the University and be responsible for the proper investment of the funds and management of the assets of the University;(b) exercise general supervision over operation of all funds;(c) tender advice with regard to financial transactions of . the University;(d) present annual financial estimates and statement of accounts;(e) ensure utilization of the allocations for the programmes, schemes and projects of the University;(f) scrutinize the statement of accounts of the constituent colleges or other institutions maintained by the University and submit report thereon to the Vice- Chancellor and the Board;Cg) receive.all contributions, grants, requests, endowments and interests on investments on behalf of the University;(h) collect fees, fines, sale proceeds and other amounts of casual income accruable to die University;(i) operate schemes relating to scholarship funds, stipends and fellowship amounts;0) be responsible for the day-to-day financial transactions and maintenance of accounts thereof;(k) administer such petty cash funds as may be needed;(l) operate the funds contributed by the students for various purposes;(m) prepare pay and allowance bills of officers, teachers and other employees of the University and draw and disburse the amounts thereof;(n) scrutinise other bills and, if they are in order, ensure prompt payment;(oj prepare utilization certificates for funds received from Government and other funding agencies and get them promptly-transmitted to the relevant quarters through the Registrar;(p) develop and operate an internal audit system and ensure that all the registers, records and documents are properly preserved for presentation before the audit;(q) place statement of accounts at such intervals as specified by the Board and the Vice-Chancellor;(r) bring serious irregularities, if any, in financial transactions of the university to the notice of the Board through the Vice-Chancellor;
THEASSAM GAZETTE, EXTRAORDINARY. MAY 25 _2011 1325(s) render such assistance to the Registrar as may be required in management of assets and investments and scrutiny of the contracts and agreements; and(t) perform such other functions as may from time to time, be assigned to him by the Vice-Chancellor.(3) The Finance Officer shall be answerable to the Vice- Chancellor and the authorities of the University for effective financial management and augmentation of resources of the University.
The Controller o f Examinations
13. (1} The Controller of Examinations shall be appointed by the Vice-Chancellor, on deputation from Government or any other organizations.(2) The Controller of Examinations shall be responsible for advanced preparatory action, effective conduct of examinations, proper valuation of the answer scripts, tabulations, timely declaration of the results and expeditious distribution of the Diplomas and Certificates.(3) The Controller of Examinations shall perform such other functions as may be entrusted to him by the Vice- Chancellor.
Posts and pay scales 14. (1) All posts of officers except the Vice-Chancellor, teachers and other employees of the University including the constituent colleges shall be created and the scales of pay thereof shall be determined by the Vice-Chancellor, subject to allotment of funds in the budget of the University with the approval of the Government.(2) The conditions of service and other incidental matters relating to the other employees shall be such as may be prescribed by the Statutes.
Appointment o f first Officers
15. Notwithstanding anything contained in sections 11,12 and 13, the first Registrar, the first Finance Officer and the first Controller of Examinations shall be appointed by the Vice-Chancellor on the recommendations of the Government.GHAPTER-IV THE AUTHORITIES Authorities o f the University
16. The following shall be the authorities of the University, namely :-(a) the Academic Council;Qb) the Board;(c) the faculties;(d) the Board of Studies;(e) such other authorities as may be declared from time to time by the Statutes to be authorities of the University.
1326 THE ASSAM GAZETTE^EXTRAORDINARY, MAY 25. 2011 Academic Council 17. (1) The Academic Council shall consist of the following members, *'• namely(a) the Vice-Chancellor;(b) the Seniormost Secretary to the Government of Assam, Cultural Affairs Department or his nominee not below the rank of a Joint Secretary;(c) Three Assamese Awardees each of -(i) National Sahitya Akademi,(ii) National Lalit Kala Akademi; and(iii) National Sangeet Natak Akademi to be nominated by the Chancellor;(d) Seniormost Secretary to the Government of Assam, Education (Higher) Department or his nominee not below the rank of Joint Secretary;(e) the Director of Cultural Affairs, Assam;(f) President, Asom Sahitya Sabha;(g) three eminent scholars one each from the spheres of literary arts, visual arts and performing arts, to be nominated by the Government;(h) the Registrar;(i) the Controller of Examinations;(j) the nominee of the Centre for Cultural Resources and Training; and(k) the Director, North East Zone Cultural Centre;(l) the Director Eastern Zonal Cultural Centre.(2) The Academic Council shall ordinarily meet twice a year and formulate itsrecommendations on the programmes, schemes and academic affairs of the University.(3) One third members shall constitute the quorum for holding the meeting of the Academic Council.(4) The Academic Council shall be the principal academic body of the University and subject to the provisions of this Act and Statutes, it shall coordinate and exercise general supervision over the academic programmes and policies of the University.
Powers and functions 18. Subject to the provisions of this Act and of the Statutes, o f the Academic Council the Academic Council shall have the following powersand functions, namely(i) to advise the Board on all academic matters;(ii) to make regulations and to amend or repeal the same on the following matters:-(a) prescribing courses of studies and schemes of examinations;(b) conducting annual review of courses offered, contents of curriculum and prescribing new courses to be introduced keeping in view the needs of the society and prescribing modifications in curriculum;(c) prescribing qualifications for admission of students to various courses of studies, to research degrees and to the examinations and the conditions under which exemptions may be granted;(d) prescribing standards of evaluation of the performance of students and classification of students on the basis of their performance in the examination;
THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25. 2011 1327(e) prescribing the conditions for admission of candidates for research degrees and the requirements for the , award of such degrees;(fj prescribing the qualifications for recognition of teachers and scholars as supervisors for research;(g) prescribing the equivalence of examinations, degrees, diplomas and certificates of other Universities or institutions of the Country;(h) prescribing the qualifications of teachers; and(i) prescribing the norms for the upgradation of teaching posts;(j) to examine and act upon the recommendations of the various faculties in making regulations;(k) to determine the degrees, diplomas another academic distinctions which shall be granted by the University and to award the same;(l) to institute scholarships and fellowships;(m) to recommend to the Board the conferment of honorary degrees and other distinctions;(n) to consider the annual reports and to make suggestions thereon to the Board; and(o) to exercise such other powers and perform such other functions as may be prescribed by the Statutes.
The Board 19. (1) The Board shall consist of the following members, namely(a) the Vice-Chancellor;(b) the Seniormost Secretary to the Government of Assam, Cultural Affairs Department or his nominee not below the rank of a Joint Secretary;(c) the Seniormost Secretary to the Government of Assam, Finance Department or his nominee not below the rank of a Joint Secretary;(d) the Seniormost Secretary to the Government of Assam, Education (Higher] Department;(e) the Director of Cultural Affairs, Assam, Guwahati;(f) Director of Archaeology, Assam, Guwahati(g) three persons (one each from the spheres of literary arts, visual arts and performing arts) to be nominated by the Chancellor from among the members of the Academic Council;(h) Presidents, Asom Sahitya Sabha;(i) the Registrar;(j) the Finance and Accounts Officer;(k) the Controller of Examinations; and(l) two members of the Assam Legislative Assembly to be elected by the members thereof.(2) The Board shall ordinarily meet once in two months to transact its business.(3) One third of the members shall constitute the quorum for the meetings of the Board.
1328 THE ASSAM GAZETTE EXTRAORDINARY, MAY 25, 2011 ____________ Powers andfunctions 20. Subject to the provisions of this Act and the Statutes, the o f the Board Board shall exercise and perform the following powers andfunctions, namely:-(i) to exercise the executive powers of the University including the general superintendence and control over its institutions;(ii) to admit an institution to the University as an affiliated institution in accordance with the terms and conditions prescribed by the Statutes;(iii) to make Statutes for considerations and approval of the Government;(ivj to hold, control and administer the properties and funds of the University including investment of money in such stocks, funds, shares or securities as deemed fit;[v] to provide buildings, premises, furniture, apparatus and other requisites for carrying on the work of the University and to that end enter into, vary, carry out and cancel contracts on behalf o f the University;[vi] to direct the form and use of the common seal of the University;[vii] to establish, maintain and manage departments and institutions of research and other advanced centres of learning as it may from time to time, deem necessary;(viii) to appoint teachers and officers and to prescribe their duties;(ix) to create teaching, specialist, administrative, ministerial and other necessary posts with the approval of the Government;(x) to suspend, discharge, dismiss or otherwise take disciplinary action against teachers and officers;(xi) to fix and regulate the fees payable by the students;(xii) to create research fellowships, honorary or otherwise;(xiii) to create fellowships, scholarships, studentships, bursaries, medals and prizes;(xiv) to exercise supervision and control over the residence and discipline of students;(xv) to consider and pass the Financial Estimates, the Annual Accounts together with the Audit Report and the Annual Report of the University in accordance with the provisions of the Statutes;(xvij to have overall supervision over conduct of examinations and approval and publication of the results thereof;(xvii) to appoint members to the Faculties and Board of Studies;
_ _______ THE A SSA M GAZETTE. EXTRA O RDINARY. M AY 25. 2011_____________ 1329 [xviii] to delegate any of its powers to the Vice-Chancellors or any other authority or officer as it may deem fit;(xix) to prescribe procedure for the inspection of affiliated institutions so as to ensure compliance with the conditions of affiliation and to decide on the continuance of affiliation;(xx) to accept grants endowments, bequests, donations, and transfers of movable and immovable properties to the University on its behalf;(xxi) to negotiate with other Universities and institutions of the country for the recognition of the examinations of the University; and(xxii) to exercise such other powers and perform such other duties as may be prescribed by the Statutes.
Faculties 21. (1) The University shall constitute such number of faculties asmay be prescribed by the Statutes from time to time and each of such faculty shall, subject to the control of the Academic Council, be responsible for the co-ordination of study and research in the branches presented in the Board of studies coming under its purview.(2) The term of the faculty, its constitution and membership shall be prescribed by the Statutes.(3) Subject to the provisions of this Act, each faculty shall exercise such powers and perform such duties as may be prescribed by the Statutes.(4) There shall be a Dean for each faculty, who shall be nominated by the Vice-Chancellor.(5) The Dean of each faculty shail be responsible for the due observance of the Statutes and Regulations and in guiding the deliberations of the Faculty.(6) The Dean of a faculty shall hold office for a term of three years.
Board o f Studies 22. (1) There shall be a Board of Studies for each branch of study or branches of study as the Board may decide.(2) The constitution, powers and functions of the Board of Studies shall be prescribed by the Statutes.
General provisions in 23. (1J A person shall cease to be a member of any of relation to authorities the authorities of the University, if -(a) he dies Or is found to be of unsound mind or permanently invalid; or(bj he is found to be bankrupt and insolvent; or(cj he is convicted for an offence involving moral turpitude; or(d) being a nominated member, his nomination is withdrawn by the nominating authority; or(e) being an ex-officio member, he ceases to hold the relevant office; or 1330 THE ASSAM (j AZEITE. EX I KAOKDIN AKY. MAY 23,2 0 1 1(f) being a nominated member, his membership is terminated by the Chancellor for any act of omission or commission, after affording him an opportunity of being heard; or(g) being a nominated member, he resigns or absent himself from three consecutive meetings without prior written intimation.(2) The term of the nominated members of the authorities of the University shall be three academic years including part of an academic year. Vacancies arising due to death or otherwise in the nominated membership of any authority of the University may be filled up by fresh nomination and the persons so nominated shall continue as members for the residuary period of the term.(3) No act or proceeding of any Authority, committee or body of the University shall be invalid merely by reason of the existence of a vacancy, or vacancies among its members.CHAPTER-V PROMOTION OF LITERARY, VISUAL AND PERFORMING ARTS Promotion o f excellence 24. The University shall undertake courses schemes, programmes in literary arts and projects for promotion of excellence in study, creativity,research, translation and inter language interaction in respect of various languages such as Assamese, Sanskrit, Hindi and English.
Degree in Doctorate o f 25. (1) The University may confer the degree of Doctorate Literature in creative of Literature in Creative Writing in a language writing for published works subject on a person for a work of poetry, fiction ordrama as per the following procedure, namely(a) awardees of the National Sahitya Akademi or Asom Sahitya Akadaemi (for poetry/fiction/drama) or persons who have at least one earlier work which is certified by two awardees of the National Sahitya Akademi to be of high standard of creativity shall be eligible to submit four copies of a published work of poetry/fiction/drama, along with a brief commentary that may be interpretative/analytical/critical, for consideration of the University;(b) the Board shall thereupon appoint three members, from among the awardees of the National Sahitya Akademi, other than those who had certified about the standard of creativity, or other eminent creative writers of national or international stature, to assess the said published work and furnish their reports;(c) in case at least two of the examiners affirm that the said published original work is a creative work constituting a significant contribution to literature, the Board may accept• the said work for award of the degree of Doctor of Literaturein the language concerned for Creative Writing and publish the result thereof.
THE ASSAM GAZETTE. EXTRAORDINARY, MAY 25, 2011________(d) the Diploma in the specified form conferring the said degree shall be presented either at the annual convocation or at a special ceremony organized by the University, as the case may be.
Diploma in Applied 26 (1) The University may institute a Post-Graduate Diploma Translation and Course in Applied Translation in National, State Creative Writing recognized local languages and creative writingin National, State languages, recognized Local Languages in the Distance Education pattern as per the regulations to be formulated by the Academic Council and operate it through literary institution or organizations within or outside Assam, specially affiliated to the University for the said purpose.(2) In order to be eligible for such special affiliation, the Institution or organisation must fulfill the following conditions, namely(a] it should have been registered as society or a trust;(b] it should have been operative for a period of not less than three years;(c] its balance-sheet certified by a Chartered Accountant should indicate a standing balance of at least rupees one lakh;(d] it should have engaged on whole time or part-time basis an eminent litterateur or creative writer or translator or academic scholar as Director or Principal; and(e] it should be having a library with a reasonable number of books in stock.
Promotion o f 27. The University shall undertake courses, schemes, Excellence in Visual programmes and projects for promotion of excellence and Performing Arts in study, creativity, research and documentation in respect of various aspects relating to visual arts and performing arts.CHAPTER-VI FINANCE AND ACCOUNTS University Fund 28. (1) The University shall establish a fund to be called the University fund.(2) The following shall form part of, or be paid into, the University fund, namely(a) any contribution or grant by the Government, Central Government, University Grants Commission, Industrial Undertakings, Corporations, Companies, Associations! other bodies or local authorities;(b) any income of the University from all sources including income from fees and charges and sale proceeds;(c) bequests, donations, endowments and other grants, if any, received by the University; and(d) miscellaneous receipts.
1332 THE ASSAM GAZETTE. EXTRAORDINARY MAY 25. 2011 Power to borrow Financial Estimate
(3) With the prior approval of the Government, the University may, from time to time, establish such other funds in such name and for such specific purposes as may be decided by the Board.
(4) The fund shall be kept in a Nationalised or Scheduled Bank or invested in such securities as may be decided by the Board.(5) The funds and all monies of the University shallbe managed in such manners as may be prescribed by the Statutes.29. The University may, with the previous sanction of the Government as regards the purpose and amount of Ioan, and subject to such conditions as maybe specified by the Government as to security and rate of interest, borrow any sum of money from any Nationalised Bank or Scheduled Bank or any other corporate body or other financial institution.30. (1) The University shall prepare the Financial Estimateof receipt and expenditure of the University in such manner as may be prescribed by the Statutes.(2) The Board shall consider the estimates so prepared and approve them with or without modification.(3) The University shall submit such estimates as approved by the Board to the Government for its sanction.
Accounts and auditing
(4) The Government may pass such orders with reference to the said estimates as it thinks fit and communicate the same to the University which shall give the effect to such order.(5] The Board may, in urgent cases where expenditure in excess of the amounts provided for in the budget is found to be necessary, for reasons to be recorded in writing, incur such expenditure.31. f 1J The annual accounts of the University shall be prepared by the Finance and Accounts Officer under the direction of the Board and all monies accruing to, or received by the University, from whatever sources and all amounts disbursed and paid by the University shall be entered in the Books of Accounts.(2) The accounts of the University shall, at least once in every year and at interval of not more than fifteen months, be by Local Audit.(33 All reports on audit made under sub-section (2J shall, as soon as may be after they are received from the Examiner of Local Accounts, be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions.
_ __________ THE A SSA M GAZETTE EXTRAORDINARY. M AY25 _201J___________ . J333(4) The Government shall have power to conduct special audit if required in respect of utilization of funds and the University shall comply with the directions issued by U Government on such audit.(5) The University shall forthwith rectify any defect or irregularity pointed out by the auditors and report the action taken to the Government.
Annual Report 32. [1] The Board shall prepare the annual report of theUniversity containing such particulars as the Government may specify covering each financial year, and before its final approval, it shall be presented to the Academic Council for its review on or before such date as may be prescribed by the Statutes.(2) Copies of the Annual Report and the Annual Accounts shall be sent to the Government and the Government shall place them before the State Legislature.
CHAPTER-VII STATUTES, REGULATIONSAND RULES Statutes 33. Subject to the provisions of this Act, the Statutes mayprovide for all or any of the following matters, namely(a] the constitution, functions and powers of the faculties. Board of studies and other authorities of the University and such other bodies as may be declared to be authorities of the University;(b] the method of recruitment, conditions of service, powers and duties of the officers, teachers and other employees of the University;(c] the conferment of honorary degrees;(d] the award of degrees, diplomas, titles, certificates and other academic distinctions;(e] the withdrawal of degrees, diplomas, titles, certificates and other academic distinctions;(f] the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes;(g] the procedure to be followed at meetings of authoritiesof the University for the transaction of business by them;(h] the classification of teachers of the University and other employees;(i] acceptance and management of bequests, donations and endowments;0] the grant of affiliation to institutions;
1334 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25. 2011 (k} recognition of examinations of Universities or other educational institutions as equivalent to the examinations of the University;(I) fees to be charged for the courses of studies in the University and for admission to the examinations, degrees and diplomas of the University;(m) conditions relating to the award of fellowships, scholarships, studentships, exhibitions medals and prizes.(n) conduct of examinations, including the terms of office, manner of appointment and the duties of examination bodies, examiners and moderators;(o) supervision of students engaged in research and special studies in constituent or affiliated institutions or attached centres;(p) fees to be charged for the services rendered by the University; and(q) any other matters which are required to be or may be prescribed under this Act or by the statutes.
Procedure fo r making Statutes
34. (1) The first Statutes of the University shall be made by the Government by notification in the official Gazette and shall continue to be in force until amended or superseded by Statutes made by the Board in accordance with the provisions of this section.(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes. in the manner hereinafter provided.(3) No Statutes affecting the powers or duties of any authority of the University shall be made by the Board unless the draft of such Statutes in referred by the Vice- Chancellor to such authority concerned for expressing its views thereon within such period as may be specified in the reference or within such further period as the Vice- Chancellor may allow and views, if any, so expressed is duly considered.(4) Every Statute passed by the Board shall be submitted tothe Government, who may give or withhold its approval thereto or refer it back to the Board for reconsideration with such observations as it may deem fit.(5) No Statutes passed by the Board shall be valid until approved by the Government and it shall come into force on the date of its publication in the official Gazette or such other dates as the Government may fix.
THE A SSA M GAZETTE. EXTRAORDINARY. M AY 25. 2011 2Provided further that the University shall have power to alter or withdraw the affiliation deemed to have been granted under this sub-section, if the college or institution concerned does not comply with the terms and conditions so imposed.(2) For the purpose of deemed affiliation provided in sub-section (1), the college or institution concerned shall submit a copy of the valid letter of affiliation granted by other Universities concerned to the Registrar of the University within a period of three months from the date of commencement of this Act and the acknowledgement of the receipt of such copy by the University shall be a valid evidence for the purpose of such deemed affiliation:Provided, that the Government College of Art and Craft and Luit Konwar Rudra Baruah State College of Music shall be deemed to have been affiliated to the University immediately on the commencement of this Act.
Special provisions 38.
fo r students Notwithstanding anything contained in this Act, the Statutes or the Regulations, every student of the colleges or institutions which have been disaffiliated or transferred from other Universities in accordance with provisions of section 37 who was studying in such colleges or institutions and was eligible to be admitted to any examination held or conducted by other Universities, shall be permitted to complete his courses of study or be admitted to the examination of the University and the University shall make arrangement,-(a) for the instruction , teaching, training and holding examination for such student for such period in such manner as may be determined by the Vice-Chancellor in accordance with the course of studies of other Universities concerned; and(b) for the conferment of the corresponding degrees, diplomas or other academic distinctions of the University upon the qualified students on the result of such examinations.
Protection o f action taken in good faith
39. All acts and orders done or passed in good faith by the University or any of its authorities, bodies or officers shall be final and accordingly no suit or legal proceedings shall be instituted against, or damage claimed from the University or its authorities, bodies or officers for anything purporting to be done or any order passed in good faith in pursuance of this Act, the Students, Regulations and rules made there under.
Question regarding 40. (1) If any question arises regarding the interpretation of any provision interpretation and dispute regarding constitution o f a authority or body of this Act or any Statutes or as to whether a person has been duly appointed or nominated or is entitled to be a member of any authority or body of the University, the matter shall be referred to the Chancellor.(2) The Chancellor shall after taking such advice as he may deem necessary decide the question and his decision thereon shall be final.
___THE ASSAM GAZETTE. EXTRAORDINARY. MAY 25. 2011 t i 1335.------------------ ------------------------------------- ---------- Regulations 35. (1) The Academic Council may, subject to the approval of the Board, make regulations consistent with this Act and the Statutes.(2) The regulations may provide for the exercise of all or any of the powers and functions enumerated in clause (ii) of section 18 of this Act.(3) Every Regulation shall come into force on the date of its publication in the official Gazette or on such other prospective date as the Board may direct.
Rules 36. (1) The Academic Council, Faculties and the Boards of Studiesof the University may, subject to the approval of the Board, make rules consistent with this Act and the Statutes and the Regulations made thereunder.(2J The rule may provide for, -(a) the giving of notices to the members of each authority, the dates of meetings and the business to be transacted at such meetings and also for keeping a record of the proceedings of meetings.(b) the procedure to be followed at the meetings and number of members required to form the quorum for the meetings.(c) all matters solely concerning such authority or the matters . not provided for by this Act, the Statutes or the Regulations made under this Act.(3) The Board may refuse to approve the rules submitted to it or may return them to the authority concerned for further consideration or may approve the rules without modification or subject to such modifications as the Board may deem fit.(4) Every rules made under this section shall come into force on the date of their publication in the official Gazette or such other prospective date as the Board may direct.CHAPTER-VIII MISCELLANEOUS Affiliation o f existing 37. (1) All colleges and institutions imparting education in institutions. literary, arts, visual and performing arts existing in the Stateand affiliated to other Universities immediately before the date of commencement of this Act shall be deemed to have been disaffiliated from the respective other Universities and have been affiliated to the University for such period and subject to such terms and conditions, as has been specified in the order of the respective Universities from which they obtained the affiliation:Provided that the University may such other terms and conditions for continuation or further extension of the terms of affiliation, not inconsistent with provisions made in or under this Act, as it may deem fit and the college or institution shall be bound to comply with such terms and conditions, within such reasonable time as may be prescribed by the University:
THE ASSAM GAZETTE. EXTRAORDINARY MAY25. 2011Provided further that the University shall have power to alter or withdraw the affiliation deemed to have been granted under this sub-section, if the college or institution concerned does not comply with the terms and conditions so imposed.(2) For the purpose of deemed affiliation provided in sub-section (1), the college or institution concerned shall submit a copy of the valid letter of affiliation granted by other Universities concerned to the Registrar of the University within a period of three months from the date of commencement of this Act and the acknowledgement of the receipt of such copy by the University shall be a valid evidence for the purpose of such deemed affiliation:Provided that the Government College of Art and Craft and Luit Konwar Rudra Baruah State College of Music shall be deemed to have been affiliated to the University immediately on the commencement of this Act.
Special provisions 38.
for students Notwithstanding anything contained in this Act, the Statutes or the Regulations, every student of the colleges or institutions which have been disaffiliated or transferred from other Universities in accordance with provisions of section 37 who was studying in such colleges or institutions and was eligible to be admitted to any examination held or conducted by other Universities, shall be permitted to complete his courses of study or be admitted to the examination of the University and the University shall make arrangement,-(a) for the instruction , teaching, training and holding examination for such student for such period in such manner as may be determined by the Vice-Chancellor in accordance with the course of studies of other Universities concerned; and(b) for the conferment of the corresponding degrees, diplomas or other academic distinctions of the University upon the qualified students on the result of such examinations.
Protection o f action taken in good faith
39. All acts and orders done or passed in good faith by the University or any of its authorities, bodies or officers shall be final and accordingly no suit or legal proceedings shall be instituted against, or damage claimed from the University or its authorities, bodies or officers for anything purporting to be done or any order passed in good faith in pursuance of this Act, the Students, Regulations and rules made there under.
Question regarding 40. (1) If any question arises regarding the interpretation of any provision interpretation and dispute regarding constitution o f a authority or body of this Act or any Statutes or as to whether a person has been duly appointed or nominated or is entitled to be a member of any authority or body of the University, the matter shall be referred to the Chancellor.(2) The Chancellor shall after taking such advice as he may deem necessary decide the question and his decision thereon shall be final.
THE ASSAM GAZETTE. EXTRAORDINARY MAY 2Y 2011 1337 Power o f Government 41. (1] The Government shall have the right to cause inspection, to be made to cause Inspection by such person or persons as they may direct, of the University, its o f the university buildings, libraries, museums, workshops and equipment or anyinstitution maintained, affiliated to or approved by the University, and to cause enquiry to be made in respect of any matter connected with the University.(2] The Government shall, before taking any action under sub- section(l), give notice to the University of their intention to cause such inspection or enquiry to be made and the University shall be entitled to be represented thereat.
(3) The Government shall communicate to the Board the result of any inspection or inquiry made under sub-section (1) and may, after ascertaining the opinion of the Board thereon, convey their views to the Vice-Chancellor and to the Board.(4) The Government may, after considering views of the Vice-Chancellor and the Board on the result of any inspection or inquiry made under sub-section(l) advise the University upon the action to be taken in the matter.(5) The Board shall report to the Government the action, if any, which is proposed to be taken or has been taken upon the result of any inspection or inquiry made under sub-section (1).(6) A report under sub-section [5] shall be submitted to the Government with the opinion of the Board thereon and within such time as the Government may direct.(7) Where the Board does not, within a reasonable time, take any action referred to in sub-section(4) to the satisfaction of the Government, the Government may after considering any explanation furnished by the Board in the matter, issue such directions as they may think fit, and the Board shall comply with such directions.
Pension, Insurance 42. With the prior approval of the Government, the University may make and Provident appropriate provisions for the benefit of its officers, teachers and other Fund ■ employees under its control in matters of pension, insurance and providentfund and for such other benefits as it may deem fit, in such manner as may be prescribed by the Statutes.
MOHD. A. HAQUE, Secretary to the Government of Assam, Legislative Department, Dispur.
GUWAHATI - Printed and Published by the Dy. Director (P&S), Directorate of Ptg. and Sty., Assam Guwahati-21 (Ex-Gazette) No. 305-200+600-25-5-2011.