(1) Ev~ry ernple:yee of U11iv~rsity shall bo appqinte.d un~i;!r a written c()ntract and such contract sh"lll not be inconsi~ter t w irh the provjsions of this Act, the S~tutes and thi: OrJ~ances.
(2) The cqntract r-efe.rrcd to hi ~ul>-st:ction ( 1) spa!J be ..
lodged with t~e University and a copy of which shall Pc furn!sned t;o fl1~ employ~~~ co1wcrned.
Arbi1r~ti,:in by . ~(L { l) ..\ny fiispu ;e arisinK o~t of ~ r;,pnintct .of employment ~ . . .. '· Tri~unal ~r,lploye~ sh»I!. ·~ tpe req~est of ~j~her pff1Y, be r~ferr1d ' . - •" . . . ' ' to , an Arb\tral Tribunal whic~ shllll consist pf onv ·;.
2424 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 Provident and pension funds Disputes as to the constitution of University authorities and bodies Filling of casual vacancies .member nominated by Board of Management, one -{ member nominated by the employees concerned and an umpire to be nominated by the Chancellor.
(2) Every such reference shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation. 1996 and all the provis ions of that Act, with rhe exception of section 2 Central thereof, shall apply accordingly. Act 26 of 1996
(3) The procedure for regulating the work of the Arbitral Tribunal shal ! be prescribed by the Statutes.
(4) The decision of the Arbitral Tribunal shall be final and binding on the parties and no suit shall lie in any court in respect of the matters decided by the Tribunal.
31. (I) The Universily shall constitute for the benefit of the - employees such provident and pension funds or provide such Insurance Schemes, as it may deem · fit. in such manner and subject to such conditions as may he prescribed by the Statutes.
(2)Wherc such provident and pension funds has been so constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925 shall apply Central Act 19 of to such funds, as if it were a Government Provident fund. 1925
32. lf any question arises as to whether any person has been duly elected or appointed as, or is entitled to b~ a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shat! be final.
33 . All the casual vacancies among the members other than ex officio members of any authority or other body of the • .:
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2425 Proceedings of the Universify, authorities or bodies not invalidated by vacancies Protection of action taken in good faith Transitory provision University shall be filled , a<; soon as may be convenient, by the person or body who appoints, elects or co-opts the members whose place has become vacant and any person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the remaining of the term for which the person whose place he fills would ·have continued a.s a member.
34. No act or proceedings of any authoriry or any body of the University shall be invalidated merely by reason of the existence of any vacancy or vacam:ies among its members.
35. No suit or other proceedings shall lie against any officer or employees of the University for any thing which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or the Statutes or the Ordinances.
36. Notwithstanding anything contained in any other provisions of this Act and the Statutes, the first Vice-Chancellor, the first Registrar and the First Finance Officer shall be appointed by the State Government for a period not exceeding three years on such terms and conditions as the State Go\.crnment may think fit :
Provided that for appointment as first Vice Chanvellor and first Registrar and first Finance Officer the person shall hold such quaiifiu:1t11.ms and experii;r11 .. e as are required for appointment in the similar posts in other Universities of the Stale :
Provided further that the first Vice-Chancellor shall retire from his office if during the term of h1s office he completes the age of sixty-five years and first Registrar and J.
2426 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 Transitory powers of the first Vice Chancellor, first Registrar and first Finimce Officer the first Finance Officer shall retire from their respectJ~ office if during th~ term of their office they complete the age of fl fly-eight years.
37.(1) Tt sha ll be duty of the first Vice-Chancellor to make arrangement<> for constituting the Board' of Management, the Academic Council and such other authorities of the U n1versity within six months of corning in to force. of this Act or such longer period not exceeding one year as the Government may by notification direct.
(2) The first Vice-Chancellor shall, in consultation with the State Government, make such rules a& may be necessary for the functioning of the lJniversity.
(3 )The authorities constituted under s'ub-section (I) sha 11 commence to exercise their functions on such date as the Government may by notificat ion, specify in this behalf.
( 4) It shall be the duty of the tirst Vice-Chancellor to draft such Statutes as may be necessary for the purposes under sub-section (3) of section 22 and submit them to the Board of Management for their approval. Such Statutes when framed shall be published in the Offic.ial Gazette.
(5) Notwithstanding anything contained in this Act and the Statutes and until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise and perform any of the powers and duties of such authority under this Act and the Statues.
(6) The first Registrar and the first finance Officer and other officers and staff shall function as per orders or THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2427 Power to remove difficulties instructions issued by the first Vice-Chancellor from time to time in accordance with rules framed under sub section (2), Statutes and Ordinances.
3 & ( 1) If any difficulty arist:s as to the first constitution or reconstitution of any authorify of the University after the date of coming into force of this Act or otherwise on giving effect to the provisions of this Act, the State Government may, by notification in the Official Gazette, make such provision, not inconsistent with the provisions of this Act as may appear to it be necessary -or expedient for removing such difficulty:
. Provided that no such notification shall be issued after the expiry of five years from the datt: of establ ishment of the University under section (3) .
(2) Every notification issued under sub-section (I) or under any otller provisions of this Act shall be laid, as soon as may be after it is issued, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the said period, the State Legislative Assembly makes any modification in any notification or directs that any notification shall not have effect, and such notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulm~nt shall be without prejudice to the validity of anything previously done under that notification.
2428 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before the Assam Legislat~ve Assembly.
39 ( 1) Every Statutes, Ordinances or Regulations made under~ p Act shall be published in the Official Gazette.
.,
(2) Every Statutes, Ordinances or Regulations made under this Act shall be laid, as soon as may be after it is made, before the Assam Legislative Assembly while it is in session, for a total period of fourteen days which maybe comprised in one session or in two or more successive . sessions, and if, before the expiry of the sessions immediately following the Assam Legislative Assembly agree in making any modification in the Statutes, Ordinances or Regulations or the Assam Legislative· Assembly agree that the Statutes, Ordinances or Regulations should not be made, the Statutes, Ordinances or Regulations shall thereafter have effect only in such modified form or be of no effect, as the case may be, so ~ however, that such modification or annulment shall be without prejudice to the validity of anything previously done under that Statutes, Ordinances or Regulations.
THE SCHEDULE (SEE SECTION 4) The objects of the University (I) The University shall endeavour through education, research, training and extension to play a positive role in the development of the country and based on the rich heritage of the co~ntry, to promote and advance .
the culture of the people of Assam and its human resources. Towards this end it shall -
(a) strengthen and diversify the degree. ce11ificate and diploma courses related to the needs of employment and necessary for build{ng the THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2429 economy of the country on the basis of it~ natural and human resources;
(b) provide access to higher education for large segments of the population, and in particular the disadvantaged groups such as those living in remote and rural areas including working people, housewives and other adults who wish to upgrade or acquire knowledge through studies in various fields;
(c) promote acquisition of knowledge in a rapidly developing and changing society and to continually offer opportunities for upgrading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavour;
(d) provide an innovative system of university level education, flexible and open, in regard to methods and place of learning, combination of courses, eligibility for enrolment, age of entry, conduct of examination and operation of the programmes with a view to promote lt:arning and encourage excellence in new fields of knowledge;
( e) contribute to the improvement of the educational system in the State by providing a non-formal channel complementary in the formal system and encouraging transfer of credits and exchange of teaching staff by making wide use of texts and other software development by the University;
(f) provide education and training in the various arts, crafts and skills of the country, raising their quality and. improving the availability to the people;
(g) provide or arrange training of teachers required for such activities or inst [tutions;
2430 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
(h) provide suitable post-graduate courses of study and prom6t · · research;
(i) provide the counselling and guidance to its students and 0) promote national integration and the integrated development of the human personality through its policies and programmes.
(2) The University shall strive to fulfill the above objects by a diversity of means of distance and continuing education and shall function in operation with the existing universities and in~titutions of higher learning and make full use of the latest scientific knowledge and new educational technology to offer a high quality of education, which matches contemporary needs.
M. K. DEKA, Commissioner & Secy. to the Govt. of Assam, Legislative Department, Dispur.
GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., Assam, Guwahati-21, (Ex-Gazette) No. 665-500-600-29-9-2005 .