(a) the admission of students to the university and their enrolment as such;
(b) the courses of study to be laid down for the degrees, diplomas and certificates of the university;
(c) the award of the degrees, diplomas, certificates and other academic distinctions, 'he minimum qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
( I) the conditions for award of fellowships, scholarships, stipends, medals and prizes;
(e) the conduct of examinations, including the terms ol office and manner of appointment and the duties of examining bodies, examiners and moderators;
(f) fees to be charged for the various courses examinations, degrees and diplomas of the university;
(g) the conditions of residence of the students of the university;
(h) provision regarding disciplinary action against the students;
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 8, 2007 803.
Subsequent Ordinances
(i) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university;
(j) the manner of co-operation and collaboration with other universities and institutions of higher education;
(k) all other matters which by this Act or Statutes made thereunder are required to be provided by the Ordinances.
(2) lhe First Ordinances of the university shall be made by the Vice-- Chancellor which after being approved by (he Board of Management, shall be submitted to the State Government for its approval.
(3) lhe Slate Government shall consider the first Ordinances submitted by the Vice-Chancellor under sub-section (2) within two months from the date of their receipt and shall either approve them or give suggestions for modifications therein.
(4) The Vice-Chancellor shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the f irst Ordinances alongwith such reasons, if any, to the State Government and on receipt ol the same, the State Government shall consider the comments ol the Vice-Chancellor and shall approve the First Ordinances of the ! ' - university with or without such modifications and then the first Ordinances, as approved by the Slate Government shall be published by the Stale Government in lhe Oficial Gazette and upon such publication the Ordinances shall come into force.
33. (1) All Ordinances other than the First Ordinances shall be made by the Academic Council which alter being approved by (he Board of Management shall be submitted to the State Government lor its approval.
(2) The State Government shall consider lhe Ordinances submitted by the Academic Council under sub-section ( I ) within two months from lhe date of their receipt and shall approve them or give suggestion for modifications therein
(3) lhe Academic Council shall either modify the Ordinances incorporating the suggestion ol the State Government or give reasons for not incorporating any ol the suggestions made by the State Government and shall return (lie Ordinances alongwith such reason, if any, to the Stale Government and on receipt ol the same, the State Government shall consider the comments ol the Academic 804 Regulations Admissions Fee structure THE ASSAM GAZETTE, EXTRAORDINARY, MAY 8, 2007_________ Council and shall approve the Ordinances with or without modifications and then the Ordinances, as approved by the Stale Government, shall be published by the State Government in the Official Gazette and upon such publication the Ordinances shall come into force.
34. The authorities of the university may, subject to the prior approval of the Board of Management, make regulations, consistent with this Act and the rules, Statutes and the Ordinances made thereunder, for the conduct of their own business and that of the committees appointed by them.
35. (1) Admission in the university shall be made strictly on the basis of merit:
Provided that for the purpose of filling minority quota in the university established and administered by minority community, zone of consideration for determination of merit shall be limited only to the students belonging to that minority community.
(2) Merit for admission in the university may be determined cither on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at slate level either by an association of the universities conducting similar courses or by any agency of the State:
Provided that admission in professional and technical courses shall be made only through entrance test.
(3) Seats for admission in the university of the students belonging to scheduled castes, scheduled tribes and other backward classes and women and handicapped students shall be reserved as per the policy of the State Government.
36. (1) The university may, from time to time, prepare its fee structure and send it for approval of the Committee constituted for the purpose under section 29 or any other law for the time being in force.
(2) The Committee shall consider the fee structure prepared by the university and if it is satisfied that the proposed fees is-
(a) sufficient for-
(i) generating resources for meeting the recurring expenditure of the university; and
(ii) the savings required for the further development of the university; and . (b) not unreasonably excessive, it may approve the fee structure.
THE ASSAM GAZETTE. EXTRAORDINARY, MAY 8, 2007 805.
Examina tions Declaration of results Convocation Accreditation of the University
(3) The fee structure approved by the ( ommittec under sub-section (2) shall remain in force for three years and the university shall be entitled to charge Ices in accordance with such fee structure.
(4) The university shall not charge any fee, by whatever name called, other than that for whidMt is entitled under sub-section (3).
37. At the beginning of each academic session and in any case not later than 30th of August of everjgcalendar year, the university shall prepare and publish a semesterwise or annual, as the case may be, schedule of examinations for each and every course conducted by it and shall strictly adhere to (he schedule.
Explanation.- "Schedule of Examination" means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations and shall also include the details about the*.practical examinations:
Provided that if, for any reason whatsoever, university has been unable to follow this schedule, it shall, as soon as practicable, submit a report to the State Government incorporating the detailed reasons for making a departure from the published schedule, flic Government may, thereon, issue such directions as it may deem lit for better compliance in future.
38. (1)1 he university shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination .for that particular course and shall in any case declare the results la.lqst^within forty-live days from such date:
Provided that if, for any reason whatsoever, the university is unable to finally declare (he results of any examination within the aforesaid period of forty-live days, it shall submit a report incorporating the detailed reasons for such delay to the State Government, flic State Government may, thereon, issue such directions as it may deem fit for better compliance in future.
(2)No examination or the results of an examination shall be held invalid only for the reasons that the university has not followed the schedule as stipulated in section .37 or, as the case may be, in section 38.
39. The convocation of the university shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring degrees, diplomas or for any other purpose.
40. The university shall obtain accreditation from the National Council of Assessment and Accreditation (NAAC), Bangalore within three years of its establishment and inform the Government and such other I .
? _ w 806 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 8, 2007 University to follow rules, regulations, norms, etc.
of the regulating bodies Annual Report regulating bodies which arc connected with (he courses taken up by the university about the grade provided by NAAC to the university. I lie university shall get renewed such accreditation at an interval of even live years thereafter.
' ) r j f . .* ’ - b n u !?' , ; n c ■ n fh > id v •••:/ ib d i t .-Ik
41. Notwithstanding anything contained in this Act, the university shall be bound to comply all the rifles, regulations, norms, etc. of the . <«.. ..
regulating bodies and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.
Annual Accounts and Audit
42. (1)1 he annual report of the university shall be prepared by the Board of Management which shall include among other matters, the steps taken by the university towards the fulfilment of its objects and shall be approved by the Governing Body and copy of the same • : ■ ■ ' r . i ■ . ,-n li L / ' . ■ / ' shall be submitted to the sponsoring body.
(2)Copies of the annual report prepared under sub-section (1) shall ' /b ;fb .gnihije.-'.jio-Hn Jrrsffnnovr D alrdti orlf oJ also be presented to the Visitor and the Government
43. (1) fhe annual accounts including balance sheet of the university shall be prepared under the directions of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the university for this purpose.
(2) A copy of the annual accounts together with the audit report shall be submitted to the Governing Body.
(3) A copy of the annual accounts and audit report alongwith the observations of the Governing Body shall be submitted to the sponsoring body.
(4) Copies of annual accounts and balance sheet prepared under 1 >i!oawai balictab udt <>ni)moqio>m subsection (I) shall also be presented to the Visitor and the State Government. The advice of the Government or the Visitor, if any, ■ ■ \ mao arising out of the accounts and audit report of the university shall be ’’ o i - I : :■ ■ i i m f f i c ■■ ..
placed before the Governing Body, fhe Governing Body shall issue * J l r . i J / 1) : I ; J I f J C i i ' / ’ . I j J l M / I ' / i l f x j LJ11 V ; 1,1 such directions, as it may deem 111 and compliance shall be reported to the Visitor or the Government, as the case may be.
Powers of the State Government to inspect the university
44. (1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the university, the Government may, alter consultation with the Vice- Chancellor, cause an assessment to be made in such manner as may i be prescribed, by such person or persons as it may deem Fit.
Dissolution of the university by the Sponsoring Body Special powers of the State Government in certain circunista nccs
(2) 1’hc Government shall communicate to the university its recommendations in regard to the result ol such assessment for corrective action. The university shall adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations.’ - ; ' Hit’ - ' ,1 -. ■ ‘ : ' •
(3) If the university has failed to comply with the recommendation made under sub-section (2) within a reasonable time, the State Government may give, such directions as it may deem lit for such compliance.
45. (1) The Sponsoring Body may dissolve the university by giving a notice to the effect in the prescribed manner to the Government and the employees and the students of university at least one year in advance:
Provided that dissolution of the university shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.
(2) On the dissolution of the university all the assets and liabilities of the university shall vest in the sponsoring body.
46. (1) If it appears to the Government that (he university has contravened any of the provisions of this Act or the rules. Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given under sub-section (1) of section 5 or a situation of financial mismanagement or mal-administration has arisen in the university, it shall issue notice requiring the university to show cause within forty five days as to why an order of its liquidation should not be made.
(2) If the Government, on receipt of reply of the university on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravening all or any of the provisions of this Act or the Rules, Statutes or Ordinances made thereunder or of violating directions issued by it under this Act or ofccasing to carry out the undertaking given under subsection {1) of section 5 or of financial mismanagement or mal-administration, it shall make an order of such enquiry as it may consider necessary.
(3) t he State Government shall, for the purposes of any enquiry under sub-section (2). appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon.
808 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 8, 2007
(4) The inquiry officer or officers appointed under sub -section (3) shall have the same powers as arc vested in a civil court under the Code of Civil Procedure, 1008 while trying a suit in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any such document or any other material as may be predicablc in evidence;
(c) requisitioning any public record from any court or office; and
(d) any other matter which may be prescribed.
(5) The inquiry officer or officers inquiring under this Act shall be deemed to be a civil court for the purposes of section 195 and Chapter 26 of the Code of Criminal Procedure, 1973;
(6) On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the university has contravened all or any of the provisions of tiiis Act or the rules, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it under sub-section
(1) of section 5 or a situation of financial mismanagement and mal- ■ ‘ jd i bj Jj A girb lo ?.no?ziy<nq on) b administration has arisen in the university which threatens the academic standard of the university, it shall make orders for liquidation of the university and appoint an administrator.
(7) The administrator appointed under sub-section (6) shall have all the powers and be subjected to all the duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the university until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards as the case may be.
(8) After having been awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students ol the regular courses, the administrator shall make a report to the effect to the State Governinenl.
(9) On receipt of the report under sub-section (8), the State Government shall, by a notification in the Official Gazette, issue an order dissolving the university and from the date of publication ol such notification the university shall stand dissolved and all the assets and liabilities of the university shall vest in the sponsoring body from such date.
Cent oil Act No. 5 of 1908 .'ctilciil Act No. 2 of 1974 THE ASSAM GAZETTE, EXTRAORDINARY. MAY 8, 2007 809.
I — — — — U.L.
l’owcr to 47. (1 > [lie State Government may. by notification in the Official Gazette, make rules make rules lor carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide lor all or any of the following matters, namely: -
(a) the manner of making proposal to establish a university and the fees payable under stib-section (1) of section 4;
(b) other particulars to be contained in the Project Report under subsection (2) of section 4;
(c) matter to be prescribed under clause (d) of sub-section (4) of section 46;
(d) other matters which are required to be, or may be, prescribed by rules under this Act.
(3) All the rules made under this Act shall be laid, as soon as may be after they are so made, before lhe House of the State Legislature, while it is in session, for a period of not less than fourteen days / . .which may be comprised in one session or in two successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following, lhe House of the State Legislature makes any modification in any of such rules or resolves that any such rules should not be made, such rules 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 annulment shall be without prejudice to the validity of anything previously done thereunder.
Power to 48.
remove difficulties The Act to 49.
have overriding effect
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
(2) Every order made under this section shall, as soon as may be alter it is made, shall be laid before the House of the State Legislature.
The provisions of this Act and the rules, Statutes, Ordinances made thereunder shall have effect notwithstanding anything to the contrary contained in any other law, for the time being in force, made by the State Legislature relating to universities.
810 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 8, 2007 Disputes to 50 be settled in a court in Assam I til (4 <t;m jir+rntirj /oi > - \ -1’0 ) Ab v) /JI disputes arising as a result of the provisions made in the Actshall be settled by a court of law in the state of Assam.
SCHEDULE (See Section 6 ) k ;A D f t toi 301 ■<ni i i'd jfh < MOHD. A. HAQUE, Secretary to the Government of Assam, Legislative Department, Dispur.
c l io r -■ i ■ • < GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21 (Ex-Gazette) No. 261-500+600-8-5-2007.