LexThe ASSAM HIGHER SECONDARY EDUCATION ACT, 1984
Assam · state statute
Open in Lexace · Ask the AI about this act)
I .......
•I Registered No. A .. 12
The Assam Gazette
COIJITCIB!'f
BXTR.AOB.DIN ARY
:m~~~~
PUBLISHED BY A.1JTHO&ITY
- - --- - --------- - ---- - - -
'" 90 T"f-r~ ~$f<IR 18 <!lf?m, 1984, 29 ~·\!) 1906 (xr<li)
No, 90 Dispur, Wednesday, 18th April. 1984, 29th . Chaitra,
~ ' 1906 (S. E.)
GOV:ERNMENT OF. ASSAM
ORDERS13Y 't'liE GOVERNOR
LEGISLATIVE DEP~RTMENT LEGISLATIVE BRA4'lCH
NOTIFICA [JON .
The 18th April 1984
No.LGL.23/84/68·-The following Act of the Assam Legislative
Assembly which received the ai:;sent of the Governor is her eby
publishe~ f9r general illformation .
,1'
920 THE ASSAM GAZETTE, EXTR AORDINARY APRIL 18, 1984
ASSAM ACT NO. XVII .OF 1984
- ·::...,--,i,.r~"-"
(Received the assent of the Governor on 16th April , 1984)
•
THE ASSAM HIGHER SECONDARY EDUCAT ION ACT, 1984
An
I .,...,
<
Act
to provide for the establishment of a Council to regulate.
supervise and develop Higher Secondary Education (plus
two stage) in the State of Assam .
Pre amble,
Short title,
extent and
commen ce
ment.
... Whereas it ·is expedient to ~stablish a Coun-
cil to regulate, supervise and develop the system
of Higher Secondary Education (plus two stage)
in the State of Assam.
It is hereby enacted in the Thirty-fifth Year
of the Republic of India as follows :-
1. (1) This Act may be called the Assam
Higher · Seconda-ry Education Act ,
1984. .
(2) It extends to the whole of Assam.
(3) It shall come into force on such date
as the State Government may, by noti
fication in the Official Gazette appoint.
(4) From the date on which this Act comes
.into force, the Gauhati University or
the Dibrugarh University or any other
University or any Board of Education
shall cease to exercise its juiisdiction
over the institutions imparting Higher
Secondary Education or P.U. (Pre
University), P.D. (Pre-Degree) courses
running; in the Colleges under the Gau
hati University and the Dibrugarh
University respectively recognised by
the Government 0:£ Assam~
- .
THE ASSAM GAZETTE. EXTRAORJ?INARY, APRIL. 18, 1984 921
' Provided that the Gauhati University or
the Dibrugarh Univ e;:sHy or the Board of Seci'.m
dary Education sha ll continue to have the same
jurisdictions as is nmv exercised by it over the
·Colleges/Rig' ;er Sec ondary Schools . till such
time as the 3tate G overnment may, by notifi-
cation in the Official Gazett e appoint.
Afdlnmis.sioJ?. 2. •Notwithstand ing anyt'hing contained in o st1tut1ons • · f i T in other Sect10n 1, any Gover nment of a State or er-
st at ~~ .and ritor y o~ t\.dmini:::tration othe ... than the Govern-Adm1mstra- • tion to the ment of A. f·r:, 1 r1' 8 Y an ply to t he Council for
;ret~i~eges being admitted to the previleges of the Council
Council. and the Council may . subiect to. such conditions
as it Il}ay think fit to impos·e, admit such State
or T.erritory or Administration to the previleges
of the Coun ci l.
Definitions. 3. In this P_ct, unle;:s there is anything
repugnant tn the subiect or context: /
(a) "Council" rrieans the Council for
Higher Secondary Education establi
shed under this Act ;
'(b) "Chairman" means the Chai'rman of
the Couneil.
:-~1![""'".""'"7:-l ~ • '
(c) "Controller of Examination" means
the Officer conducting the Examinations
of the Council.
(d) "Education Department" :t,neans the
Department of · Education of the
Government of .Assam.
· (e) "Fund" means the Council · for Higher
Secondar y Education Fund constituted .
under thi.s Act ; ·
(f) "P rincipal " means the head of the
teac hin g st aff of a: Higher Secondary
Schoo l or Colle ge by whatever name
he or she is · designated ;
f'.122 THE ASSAM GAZETTE, EXTRAORDI~ARY, APRIL 13, 1%4
,
' (g) "Higher Secondary School" means a
School or Department of a School
giving instructions in Higher Secon
dary Education (plus 'two stag@) and
preparing students for Higher Second
dary School Leaving Certificate
Examination. ·
(h) "Junior College" means a College or
Department of a College giving
instructions in plus two stage and
preparing students for Higher Secon
dary School Leaving Certificate
Examination.
~-! ... -;---,.,..,, ~ ~· -""~ t~ >
':;_. -·
. · . i
(i) "Managing Committee" means a Mana
ging Committee of a Higher Secon
dary School.
(j) "Governing Body" mean_s a Governing
Body of a College .
(k) «Recognised" means recognised by the
Council for the · purpose of ; admission
to the previleges of the Council or:
prior to recognition by the Council
by any University established by law
in India or · by any Board recognis ·ed
by the State Government.
(1) "Regulation" means a regulation made
by the State G;0vernment under this
Act;
(m) "Rule" means a rule made by the State
Governn:i~nt under this Act ;
(n) . "Higher Secondary Education" means
such education as is designed to meet
the needs of the plus two stage which
folJows imm ediately the stage nf
Seconda r y Education and precedes
" immediately the ~ stage of D~,1".~E) or
THE ASSAM GAZETTE, EXTRAORDINARY. APRIL'I8 0 1984 923
Diploma Education controlled oy the
' University established bY law in
India or by a Council constituted by
Government for this purpose ;
Establish•
ment of the
Council and
jtS status.
(o) "Secretary~' means the Secretary of the
Council.
(p) "Notification" means a notification puo
lished in the Official Gazette .
(q) "Government" means the State
Government of Assam.
(r) "State" means the State of Assam.
4. (1) The Government shall as soon as
may be after the commencement of
this Act, establish by notification, a
Council for regulation, superv1s10n
and development of Higher Secon
dary Education in accordance with
· the provisions of this Act.
~. :;,;;:-~ - -· - · - ·,]
Gon st;tution
of the Cour.
ci I.
(2) The Council shall be a body · corpo
rate having perpetual succession and
a common seal and shall have power
to acquire and hold property, both
movable and immovable, and to
transfer any property held by it,
necessary for the purposes of carry
ing out its duties and functions, and
shall by the said name sue or be ~
sued.
5. (1) The Council shall consist of the fol
lowing members namely '.-
(i) a Chairman to be nomin at ed b y
the Government.
/
f .
9f4- THE ASSAM _9AZETTE . EXTRi\.ORDINARY , APRIL 18, 1984
Ex·-Officio Mem hers :-
(ii) Director of Public Instructions,
Assam. -Vice Chairman. ,
(iii) Director of Agriculture, Assam.
{iv) Director of Technical Education,
Assa,rn.
(v) Director of Health ,Services, As
sam.
(vi) Director of Industries, AssaJ. ·
, (vii) r>ean, Assam Agricultural Col
lege, AAU, Jorhat.
{viii} Dean, Assam Veterinary College,
AAU, Khanapara.
(ix) Chairman, Board of Secondary
Education , Assam.
Members to be nominated eby the
Government
(x) One Inspect .or' of Schools.
,~:y. -· ~ ~
' "t "" ' 'l
(xi) One Principal from any Govern-
ment Higher Secondary Schools.
(xii) One Principal from any' Pro-
vincialised Higher "" Se.condary
Schools.
(xiii) One Principal from
Colleges under the
University ,
any Deficit
Dibrugarh
\
(xiv ) ·one Principal from · any Deficit
Colle ges 1 under the Gauhati
Univer sity.
0
I
0
THE ASSAM GAZETTE . EXTRAORDINARY, APRIL 18, 1984 925
'
(xv) One Principal from any Govern ..
ment Colleges.
(xvi) One representative of each of the
Universities of the State on the
recommendations of respective
Vice -Chancellors.
)
(xvii) One Principal from any Teachers'
Training Colleges.
(xviii) One Principal from any Engine
ering Colleges.
(xix) Two Principals from Junior Col
leges-On _c from each University.
(xx) Two representatives 'from recog
nised Higher Secondary School/
Junior College Teachers' Associa
tion.
Co-opted Me_mbers :
(xxi) The Council shall have power to
co-opt not more than three
members from amongst the dis
tinguished education.ists of the
State.
(xxii) The Government shall appoint an
officer of the Government as Ex
Officio Secretary of the Council
who shall also be an Ex-Officio
member of the Council. The
emoluments of the Ex-Officio
Secretary shall be determined by
the Government iiJ.nd shall be paid
from the Council's fund.
(2) The Chairman shall 1:-e nominated by
the Government for a term of three
years and shall be eligible for re-nomina ...
tion for a second term only.
. '
S26 THE _ASSA M GAZE TTE;. EXTRAQRDIN ARY APRIL 18, 1984
(3) The Government · may remove the
Chairmatl' before the expiry of his term
of appointment by · giving one month's
notice thereto, in writing, if the Govern
ment considers his continuance as ·chair
man, fox: good and sufficient grounds, to
be detrimental to the interest of the
Council.
(4) The emoluments · of the Chairman and
' other terms and 'conditions of.. his ser
vice shaU be determined by the G_overn- .
ment and such emoluments shall be paid
fro:rp the Council's fund. ~
(5) The Chairman shall presid~ over all th.e
· meetings of the Council and of the dif
ferent comm ittees constituted by it. In
the absence of the Chairman, the Vice
. Chairman shall preside over the ·meet
ings of the Council or of ~ any committee.
Pnhlication'ifi 6. The names of persons nominated or co
~1~/~~~b~!sopted as members of the Council, shall be pub
oi the Coun-lished by notification in the Official Gazette by
cJ • the Government .
Term of ;i
Office of >::.
m mbers.
.... f_'- ,,,-<;-.o'.
7. Term of Office of members -
(i) Nominated members shall hold office
for a term of three years from the
date of the notification published under
Section 6 and the term 'of office of co
opted members shall terminate on the
same date as that of the nominated
members:
Provided that the Government may,
by notification, in the Officfall Gazette,
extend the . term not exceeding one
... year.
(ii) Notwithstanding the e~pfry of the term
of three years specified in clause (i)
.....____:.. ______ _
,
..
·THE ·ASSAM GAZETTE . EXTRAOFDTNARY~ APRlL l~,.198-.W,7 · r > ' «.·.·
Disqualifi- .
cations for
membership
J
... :- ~· -
Resignation '·
of m~mbcr '
and casual
vacancy etc.
the term of office of the outgoing mem
bers shall be -deemed to extend to the
. · date on which the names of the newly
nominated members are published
under Sectio.n 6.
8. (1) A person shall not oe eligible for
nomination or co-option as a member
of the Council or of the Committees
.. . "~
formed by it, if he -
(a) has ·been adjudged by a ·court of.
law to be of unsound mind ;
(b) is an undischarged j:nsolvement;
(c) has oeen convicted by a court of
law for an offence involving . moral
turpitude.
(2) If a nominated or co-opted meml:ier of
the Council or any Committee formed
by it, becomes, subject to any of the
disqualifications specified in sub-sec
tion (I), his membership shalrcease.
(3) All disputes . relating to the eligibility . ·
· of any person for nomination/co-option ,
shall be referred to the Government
whose decision on such matters shall
be final.
9. (1) The Chairman may resign his seat by
giving notice thereto in writing to the
.Government and he shall be deemed
to have vacated his seat from the
.date of aceeptance of his resignation /
by the Government.
(2) A member of the Council, other than
an Ex-Officio / memb~r may resign
his ·seat by giving notice thereof in
writing to the Chairman , and such
+ 928 TH~ ASSAM GA~ETTE. EXTI~AO-RDINAR~ APRIL 18, 198.4 .
member shall be deemed to have
vacated his seat from the date of
acceptance of his - resignation by the
Chairman.
(3) The Government may, by notification ,
remove any nomina~ed or co-opted
member who · remains absent from
three consecutive meetings of the
CQuncil without the leave of the
Council .
(4) In the event of a casual vacancy oc
·curred by resignation, removal, death
or disqualification of a member, such
vacancy shall be filled by nomination
or co-option, as the case may be in
the manner provided in Section 5:
(5) Any person nominated or co-opted to
fill a casual vacancy shall hold office
for the - unexpired portion of the
term of office of the member in whose
'place he is nominated or co-opted.
Meeting of 1 O (i)
tht Counci l. · Ordinary Meetings-The Council
shall meet not less than thrice a year ,
but four months shall not intervene
between two successive meetings.
(ii) Special Meetings-The Chairman, may,
at any time, and shall upon requisi- ·
tion made by not less than one:-third
of the members of the Council othe·r
than the ex-officio members and on
a date not 'more than twenty-one
days of the receipt of such requisition,
call a . special meeting of the Councit
(a) Twenty-one days' notice shall be given
for ordinary me~tings and ten days'
notice for special meetings of the
Council .
. '!ID,; A§SAI,\1 GAZETT,E,; EXTRAORDINARY, ~~RJL · 18.198-4 929
Quori.lID :
Proceedu1gs
not i nvaJi.
dated by
rca»on of
vacdcits .
Ofliceri of
the
c u.uc:il.
-11. {i) Nine members of the Council shall
·form a quorum for a meeting of the
.Council '
(ii) Subject to the prov1s10ns contained
in sub-clause (i) np act OF proceedings
of the Council shall ·be invalid merely
by reason of the existence of any
vacancy among the members of the
Council.
12. (1) The following shall be the ofikers
of the Council :
(i) The Chairman,
(ii) The Secretary,
(iii) The Controller of Examination,
(iv) The Deputy Secretary (Academic,,
(v) The Deputy Secretary (Administration).
(2) The Council may appoint such other
officers ·and employees as it may
considers necessary for the efficient
discharge of its functions under this
Act on such terms and conditions . as ·
may be determined by regulations
made by the Council subject to the
approval of tJ:;ie Government .
.-:··T.r.,. ~ - .....
.Powers and
duties of the /
Council.
' o:
1
13. (l) Subject to the prov1s1ons of this Act
the powers and duties of the Council
shall be as follows, namely : ~ .
(i) to prescriOe currieulum, syllabus, and
courses .of instructions for · Higher
Secondary · Stage which may be frn
parted in a College or Higher Secon
. dary School ; '
(ii) to conduct examinations based on
such courses ;
• I
~ 3 0 THE . ASSAM G~ZETT E EXTRAORDI°NARY APJU~
.. .
. (iii) to admit to its examinations, .on condi-
tions that may be prescribed by
regulations , candidates who .... have
pursued the prescribed courses of
instruction and also to take such
disciplinary action against candidates
as may be prescribed by regulation ;
(iv) to demand and receive such fees as
may be prescribed by regulations ;
(v) to publi sh the result s of its examina
tion ;
..., ......
(vi) to grant certificates to · students pas
sing the examinations ;
~-·:
(vii) to institute and award scholarships ,
prizes etc .
(viii) to prescribe and select text books and
supplementary books;
(ix) to . lay down conditions of recognition
of ·Higher Secondary Schools, and
junior Colleges ·;
(x) to recognise Higher Secondary Schools
and to withdraw such :re~ognition;-
(xi) to take such disciplinary action as it
thinks fit against institutions as
pr escriqed by regulations;
(xii) to adopt measures for study and
examination of problems . in the field
of Higher Secondary Education;
(xiii) to advise the ·Government on physi
cal, moral and social welfare of stu
dents in recognised _institutions, and
to prescribe conditions of their resr
dence and discipline ;
/ .
THE ASSAM GAZETTE , __ E~'l'RAORDINARY, APRl_L 18, 1934 931
{xiv) to prescribe necessary qualifications of
teachers in .recognised Higher Secon
dary Schools ;
(xv) to receive grants from the Govern
ment and donations from pdva 'te and
individuals or .associations for specific
or generaLpurposes;
(xvi) ·to call for reports from the Director
of Public Instructions regarding the
.·conditions of recognised institutions
0r of institutions applying for recogni-
tion; · ·
(xvii) to advise the Government on .. re
organisation and dev<elopment of Hig
her Secondary Education ;
(xviii) to advise the Government relating to
any matter within the provisions of
this Act on which the Government
may consult the Council ; ,
(xix) to appoint officers and other em
ployees of the Council, and to pres
'cribe by regulations the terms and
conditions of their services ; ..
·;,;:,t~~.
(xx) to .institute by reguia.t: ~ons for -the
benefit of its officers and other em
ployees such pension, gratuity and
provident fund as it may deem fit in
~uch manner; and subject to such
conditions as may be prescribed by .
regulations.
(xxi) to delegate any of its1 powers to any
:r.- Committee · constituted under this
Act;
(xxii) to administer the Higher Secondary
Equcation Council Fund ;
932 THE ASSAM GAZETTE, __ EXTRAORDI NARY, APRIL 18, 1~8~
(xxiii) to receive, purchase and hold any
pr operty, . movable or immovable ,
which may become vested in it, and
to dispose of or any of the pro
pert y, movable Qr immovable belong
ing to it, and also to do all other acts
incidental or appertaining thereto ;
(xxiv) to do all such acts and things as may
be necessary to carry out the pur
poses of this Act.
(2) It shall be the endevour of the Coun
' cil to prepare and publish text books
and Supplementary books through ·
the Assam State Text Book Produc
tion and Publication Corporation Ltd. ,
a Government undertaking .
If, however , the Assam State Text Book
Production and Publication Cprporation Ltd. ,
fails to prepare and publish text books and
supplementary books within a reasonable period,
the Council will have freedom to prepare and
publi~h them through any other agencies or
under its own contrql giving proper notice to the
Assam State Text Book Production and Publi
cation Corporation Ltd.
Powers of 14. Notwithstanding anything contained in
the Govern· this Act _ ment. ,
, _
(1) The Government shall have the right
to address the Council with reference ,
to anything conducted or done by the
Council and to communicate its views
on any matter witl:i which the Council
is concerned .
(2) The Council shall report to the
Government such action , if any, as it
proposes to take or has taken , on the
communi~ation of the Government .
/
...
1'HE ASSAfyI GAZET~E._: _EXTRAORDINA:~Y. APRIL_l8, 1984 933 .
- (3) The .Government may ·after consulta
tion with the Council issue such direc-
, tions c~nsistent with ~ the provisions of
this Act" as it may think fit, and the
Council shall comply with such direc
tions.
(4) The Government m~y, by order in
writing specifying the reasons thereof,
suspend the execution of ariy resolution
or order of the Council and prohibit
the doing of an act ordered to be done
by Council, if the Government is of
the opinion that such . resolution, order
or act is in excess of the powers con
ferred upon the Council ·by or under
this Act.
(5) The Government may, after consulta
tion with the Council, suspend or re
move a member whose continuance
as a member of the Council is consi-
dered to be detrimental to the inte
rest of the Council.
Constitution . 15. A fund to be cailed Higher Secondary
s~c~~~~; Education Council Fund shall be constituted and
Education all sums received by or on behalf of the Council Council
Pund. under this Act shall be placed to the credit
thereof.
9ustody and 16. All moneys at the credit of the Fund
~~vu~!flr;h_shall be kept in the State Bank of India or . the .
er SecondaryAssarn Co-operative Apex Bank Ltd . or in any
Edu cation t' i· d B k tl C 'l d t . . council na 10n ise an , as 1e ounc1 inay e ermine .
Fund . .
Anplication 1.7: Subject .to the prov1s10ns of this Act, 'the of the Fund. · .
Fund shall be applicable . only to the payment
pf the charges . and expen ses incidental to inatter s .
s p e cifi~d in this Act. ·
·;
934 THE ASSAM GAZETTE. EXTRAOP.J)IN .\HY, APR.IL 18, 1934
' ,\ udit of the 18 Th t 'f h C · 1 h 11 b Accou n~ of • e aCCOUn S 0 t e OUnCi S a e
he c o·u ncil audited only by such agency as may be specified by I'
the Government and a copy of the audited ac
tounts shall be submitted by the Council to the
Government by such date each year as the
Government may specify.
Powe r~ and
auti es of the
Chairman.
' . '
19. (1). It shall be the duty of the Chairman
· to see that the provisions of this Act
and the regulation, made under it are
faithfully observed, and the decisions \
of the Council are duly implemented '
and he shall have all the powers neces
~ary for this purpose.
(2). The Chairman shall have , power to
convene meetings of the Council.
(3) .When any emergency ar~sing ·out of
administrative business of the Coun
cil requires, in the opinion of the Chair-
~ man, that immediate action should be
taken, the Chairman shall take such
action as he . deems necessary and re
port his action . to the Council at its
next n;ieeting.
(4) The Chair man shall exercise sy.ch
other powers as may . be prescribed
by the regulations.
Nwers and · 20. The Secretary of the Council shall be
d.utie.- of Qffi cl 1 11 Sfcr etar'y. the Principal Administrative cer, an .s 1a ·
subject' to the c·ontrol of the . Chairman, pe:rform
such duties as may be prescr ibed by regulation.
Powers "nd 21. Other Officers will have such powers
duties of l t• other and duties as may be prescribed by regu a ions:
Ofii cers.
Committee.>
of Coundl.
2:l. (1) The C.ouncil shall , for the purpos~ of ,
carrying out its duties and functions
• •
..
THE ASSAM GAZETTE. EXTRAORDINARY, A PR lL 18, 1984 935
Exercise of
poWerS d el•
egated. b);
the Po~,cJI to
domm1ttc~.
imposed under this Act, appoint the
following committees namely :-
' I
(i) Ourriculum and syllabus Committee.
(ii) Examination Committee.
(iii) Recognition Committee.
(iv) Finance 'committee . .
'(v) Administration Committee and
(vi) Such other Committees as may be
fq~nd necessary.
(2). Every such committee shall consist of
such members of the Council and of such
other persons as the Council may
qppoi11t. _
{3) Every such Committee except the
Admini$tration Committee and the
, ~~rll1ination Committee, may co-opt
persons to be members to the extent of!
one third of the ~embers appointed to it.
{4.) Members of such Committee shall hold
office for such tiµie as the Council may
determine.
{5) Subject to the provisions of this Act and
the rules made thereunder the duties
a:qd functions of the Committees shall
be qete:r~ined by regulations.
23. All matters relating to exercise o':Jl
powers conferred upon the Council by
this -4\ct which are by regulations dele
gpt~d t_o ~nY fOmmittee appointed under
section 22 shall stand referred to that
~ommittee, anq the Council before
exerCising 'such powers shall receive and
~onsid~r the report or recommendation of
t4e Committee with respect to the matter
· in question.
~ 1936 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 18, 1984
Power of
Council -to
make r gula
tions.
24. {l) The Council may subject to the
approval of the Government make
regulations for the purpose o:ii
carrying out the provisions o~ this
Act.
· (2) In particular and without prejudice
to the generality of the foregoing
powers, the Council may make re
gulations providing for all or any
of the following matters namely:-
(a) the constitution, powers and
duties of Committee appointed
under Section 22 ;
(b) courses of study to be laid down
for different examinations ;
~. (1-rc: ·. ~ 1~:.·;
(c) marks required for passing in any
subject and the examination as
a whole, and for credit and dis
tinction in any subject;
(d) qualifications, appointment and ~
remuneration - of examiners , pa
per-setters and others ;
(e) conducting examinations ?.nd
publishing the results ;
(f) conditions of recognition of' Hig-
her Secondary Schools and
Junior Colleges;
"
(g) conditions under which candi-
dates shall be admitted · to the
examinations ot the Council ;
(h) disciplinary measures 'for malpra
ctices in examinations ;
fl) fixing of fees and charges in
respect of examinations ;
THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 18, 1984 937
(j) provident fund, etc. for the bene
fit of the employees of the Coun
cil;
(k) rate of travelling and daily al
lowances to the non-official mem
bers of the Council or Commit
tees;
(1) delegation of powers or assign
ment of functions to Committees
formed under this Act ;
(m) all matters which, by this Act
are to be or may be provided for
by regulations :
Provided that 3.ll regulations, alterations
and revocation thereof shall be subject to appro
val by the Government and published in the
Official Gazette.
Council to 25. The Council shall furnish to the Govern
!Fi~~tu~0-ment such reports, returns and statements and
et~. to the such other information relating to any matter
Government.under the control of the Council as the Govern-
ment may require.
Powers of 26. If in the opinion of the Government, the
the Govern-Council has shown its incompetence to perform ment to · tl d d f 1 ' h f constitute or pers1sten y ma e e au t in t e per ormance
the Council. of the duties imposed, or exceeded or abused
the powers conferred upon it by or under this
Act, the Government shall formulate in writing
specific charges against the Council in respect
of those matters and shall forward a copy of such
charges to the Council with direction to submit
any comments or explanations in respect there
of to the Government within such period as may
be specified in this behalf. After the considera
tion of the comments or explanations submitted
by the Council, the Government may, if it thinks
fit, by notification supersede the Council and
938 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 18, 1984
thereafter reconstitute the Council in accor
dance ~ with the provision of Section 5 and in every
such case, the Government shall, as soon as may
b~, lay before the Stat!= Legislature a copy of the
said notification together with the statement
of the reasons which led to such reconstitution.
Vesting of d f powers till 27. Until the Council is reconstitute a ter
reconstitu - supersession under Section 26, the duties and tion of th~
c~u~c~. powers of the Council shall be performed and
Power of.
Government
to make
rul es.
exercised by, and the property of the Council
shall vest in, such person or authority as the
Government may specify by notification.
~,: fr -
28. (1) The Government may make rules
for carrying out the purposes of this
Act.
(2) Every rule made under this Act shall
be laid. as soon as may be after it
is made, before the Assam Legislative
Assembly while it is iri session 'for
a totC\l period of fourteen days, which
mC\Y be ~ompri~ed ~~ ope sess~on or
in two s11ccesstv~ sessj_ons, and if, b~
fore the expiry of the session ill
which it is so laid or the session im
mediately foffowing, the Assam
Legislative Assembly agree in making
any modification in the rule or the
Assam Legislative Assembly agree
that the rule should not be made,
the rule shall thereafter have effect
onl:v, in such modlfied farm or be o:fi
no effect, as the case mC!,y: b~; so howe-
ver, that ~:µy such ·modification or
annulment shall be without -prejudice
to the valic:Iity of anythi!lg p:reviously
done or omitted to be done under that rule. .. . , ~ -
¥P· SAADULLAH,
Sec.retary to the G9vt. of Assam,
· Legislative Department.
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1;/\t.;HATI .. Print ed and pnblish•d by theSupdt i/c. Assam Govt. Printing Press
(Ex-Gazette) No. 179-1,040-250-18·4-1984,