(1) Any student, aggrieved by an order of rustication or expulsion may, prefer an appeal against the order of the head of the educational institution or the person responsible for management of the educational institution, as the case may be, before the Commissioner and Secretary to the Government of Assam, Education Department for setting aside the order of such expulsion or rustication as the case may be, within a period of fifteen days from the date of passing of such order :
Provided that in the absence of Commissioner and Secretary, the Secretary to the Government of Assam, Education Department shall be the competent authority to entertain, hear and dispose of the appeal.
-, THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 12, 1999 7
(2) After hearing the appeal the Commissioner and Secretary to the Government of Assam, Education Department, shall dispose of the appeal within thirty days from the date of its receipt :md pass appropriate order, in writing, which shall be final and binding.
Offence to be 9. An offence under this Act shall be Act No. 9 congnizable congnizable and bailable within the meaning of of 1974.
and bailable. the Code of Criminal Procedure, 1973.
Court 10. (1) No Court lower than a Court of Judicial Magistrate Competent to of the First Clas·s, shall take congnizance of and try an take offence under this Act.
congn izance.
Power for summary trial.
(2) No Court shall take congnizance of an offence under this Act, except under complaint in writing made by or at the instance of the victimised student or on a report in writing by a police officer not below the rank of a Sub-Inspector.
11. Offences under this Act may be tried Act No. 2 summarily in the manner provided for summry of 1974.
trial under the Code of Criminal procedure,
1973.
Compounding . 12. The Offences under this Act shall be compoundable at the instance of the complainant and the victimised student either before or after the institution of the proceedings.
Power to make rules.