LexThe KRISHNA KANTA HANDIQUE STATE OPEN UNIVERSITY ACT, 2005
Assam · state statute
Open in Lexace · Ask the AI about this actX'XXVI J
Registered No. 768/97
THE ASSAM GAZETTE
\5T:Jft ~t~ Cf
EXTRAORDINARY
m~ <P 1-s'~<1 ~ ~ <
PUBLISHED BY THE AUTHORITY
~~ 332 ~~' ~, 29 CDC~, 2005, 7 ~, 1927 (~)
No. 332 Dispur. Thursday. 29th September , 2005 , 7th Asvina, 1927 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH
NOTIFICATION
The 12th September , 2005
No. LG L.20/2005/56.--The following Act of the ~ssam Legislative
Assembly which received the assent of the Governor is hereby published for
general infom1ation.
2402 THE ASSAM GAZETTE, RXTR AORDINA RY, SEPT 29. 2005
ASSAM ACT NO. XXXVII OF 2005
(Received the assent of the Governor on 7th September, 2005)
THE KRISHNA KANTA HANDIQUE STATE OPEN UNIVERSITY
ACT, 2005
AN
ACT
to provide for the establishment and incorporation of an Open University
in the State of Assam for the introduction and promotion of Open University and
distance education systems in the educational pattern of the State.
Preamble
Short title,
extent and
commence
ment
Definitions
Whereas it is expedient to provide for the establishment and
incorporntion of an Open University in the State of Assam for the
introduction and promotion of Open University and distance
education systems in the educational pattern of the State and for
matter connected therewith or incidental therdo.
It is hereby enacted in the Fifty-sixth Year of the Republic nflndia
as follows:
CHAPTER 1
PRElJMINARY
1. (1) This Act may be called the Krishna Kanta Handique Srate
Open University Acr, 2005.
(2) It extends to the whole of Assam
(3) It shall come into forl:e on such date as the State
Government may. by notification in Official Gazette,
appoint.
2. In this Act, unless the context otherwise requires, -
(a) "Academic Council" means the Academic Council of the
University:
THE ASSAM GAZETTE, RXTRAORDINARY SEPT. 29, 2005 2403
~- (b) "authorities" means the authorities constituted under
section 16 and the word "authority" wherever it occurs
shafl be construed accordingly;
(c) "Board of Management" means the Board of
Management of the University;
(d) ''College'' means a college or other academic institution
establishment or maintained or admitted to the privileges
ofthe University;
' (e) "Distance Education System" means the system of
imparting education through any means of
communication such as. broadcasting, te recasting,
instruction media or print media, on-line seminars,
contact programme or the combination l)f any two or
more of such means;
(t) "employee" means any person appointed by the
University and includes academic and non -academic staff
of the (;niyersity;
~ g) ·'Finance Committee" means the Finance Committee of
the University;
(h) "Regional Centre" means a centre established or
maintained by the University for the .purpose of co
ordinating and supervising the works o( Study Centres in
any region and for performing such other functions as
may be conferred on such c·entrcs by the Board of
Management;
(i) "Regulations" means the Regulations made by any
Authority of the University under this Act for lhe time
being in force;
(j) "Statutes and Ordinances" means the Statutes and
2404 THE ASSAM GAZETTE. RXTRAORDTNARY, SEPT. 29, 2005
Establishment
and
incorporation
of the
University
. _...l
Ordinances respectively of the University for the time
being in force:
(k) "Student" means a student of the University and includes
any person who enrolled himself for pursuing any course
of study of the University;
(l) "Study Centre" means a centre established, maintained or
recognizt:d for conducting the examination and
evaluation by the University and for th~ purpose of
advising. counselling or for rendering any other
assistance required by the students;
(m) "Teacher" means Professors. Readers, Lecturers and such
othe.r persons as may be designated as such by the
Ordinances for imparting instruction in the University or
for giving guidance or rendering assistance to students for
pursuing any course of study of the University;
(n) "University" means the Krishna Kanta Handiquc State
Open University established under section~;
( o) "Vice-Chancellor and Registrar" means the Vice
Chancellor and the Registrar respectively of the
/
University.
CHAPTER II
THE UNIVERSITY
3. (l) There shall be established a University by the name of the
Krishna Kanta Handique State Open University.
(2) The head-quarter of the University shall be at Guwahati
and it may establish, maintain or recognize colleges.
Regional Centres and Study Centres at such places in the
state of Assam and may also open regional Centre and
THE ASSAM GAZETTE. RXTRAORDJNARY, SEPT. 29, 2005 2405
The objects of
the University
Study Centres outside Assam at such places as it may
deem fit;
(3) The first Vice-Chancellor. the first llegistrar and the first
members of the Board of Management , the Academic
Council and all persons who may hereafter become such
officers or member s. 50 long as they continue to hold
such o ffice~ or m~nibership sh all constitute a body
corporate by the name of the Krishna Kanta Handiquc
State Open University.
(4) The University shall have perpetual succession and a
common seal and shall sue and be sued by the said name.
(5) The University shall be competent to acquire and hold
property both movable and immovable and to lease, sell
or otherwise transfer any movahle or immovable property
which may have become vested in or been acquired by it
for the purposes of the University and to contract and to
do all otherthings necessary for the purpose of this Act.
(6) In all suits and other legal pro~eedings by or against the
University, the pleadings shall be signed and verified by
and all processes in such suit and proceedings shall be
issued to and be served on the Registrar.
4. The objects of the University shall be to advance and
disseminate learning and knowledge by a diversity of means
including the use of any cQlllmunication technology to
provide opportunities for higher education to a larger segment
of the population and to promote the educational well being of
the community generally, to encourage Open University and
distance education system in the educational pattern of the
State and to co-ordinate and determine standards in such
2406 THE ASSAM GAZETTE. RXTRAORDlNARY. SEPT. 29, 2005
Po:....·er of the
University
system, and the Uni~ersity shall, in organizing its activiti ~
have due regard to the objects specified in the Schedule.
S. (1) The University shall have the following powers, namely:-
(i) to provide for admission and for instruction in such
branches of knowledge including tedmology, vocations
and professions as the University may detennine from
time to time and to make prov~sion for research;
(ii) to plan and prescribe courses of study for degrees,
diplomas, certificates and for research or any other
purpose;
(iii) to hold examinations am! confer degre~s, diplomas,
certificate s or other academic distinctions or
recognitions including Ph. D on persons who have
pursued a course of study or conducted research in the
manner laid down by the Statutes and Ordinances;
(iv) to confer honorary degrees or other distinctions in the
manner laid down by the Statutes;
(v) to determine the manner i11 which distance education in
relation to the academic programmes of the University
may be organized;
(vi) to institute professorships, readerships . lecturerships
and other acad~mic positions necessary for imparting
instructions or for preparing educational material or for
conducting other academic . activities, including
guidance. designing and delivery of course and
evaluation of the work done by the studt:nts and to
appoint persons to such professorships, readerships,
lecturerships and other academic positions;
(vii) to co-operate with and seek the co-operati0n of other
THE ASSAM GAZETTE, RXTRAORDINARY. SEPT. 29 2005 2407
Universities and institutions of higher learning,
professional bodies and organizations for such purposes
as the Lniversity considers necessary ;
(viii) to institute and award fellowships, scholarships, pnzes
and such other awards for recognition of merit as the
Cniversity may deem fit;
(ix) to establish and maintain such Regional Centres as may
be determined by the University from time to timt;
(x) to establish, maintain and recognize Study Centres in
the manner laid down by the Sta1ute~
(xi) to provide for the preparation of instrut:tional materials
using multimedia educational kits and other softwares;
(xii) to organize and conduct re.fresher course workshops,
seminars and other programmes for teachers, lesson
writers, evaluations and other academic staff:
(xiii) to recognize examinations of or periods of study,
whether in full or part, at other Universities. institutions
or other places of higher learning as equivalent to
examinations or periods of study in the University and
to withdraw such recognition at any time;
(xiv) to make provision for research and devebpment in
educational technology and related matters;
(xv) to create with the prior approval of the State
Government, administrative, ministerial and other
necessary posts and to make appointments thereto;
(xvi) to receive bencfa.ctiuns, donations and gifts and acquire.
hold, maintain and dispose of any property, movable or
immovable including trust and Clovernment property for
the purposes of the University;
2408 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
(xvii) to borrow, with :he approval of the State Governme~,
whether on the security of the property of the University
or otherwise, mon ey for th e purposes of the University;
(xviii) to enter into, carry out, vary or caned contracts;
(xix) to demand and receive such foes and other c harges as
may be laid down by the Ordinances;
(xx) to provide control and maintain discipline among the
students and all categorie~ of employees and to lay
down the conditions of services of such employees
including their codes of con duct;
(xxi) to recognize any institution of higher learning or studies
· for such purpo ses as the University may determine and
to withdraw such recognition;
(xxii) to appoint either on contract or otherwise, Visiting
Pro fessors, Emeritus Professors, Consultants, Fellows,
Scholars, Artists, Course writers and such other persons
who mav contribute to the advancement of the objects
of the University;
(xxiii) to recognize persons working 111 other Universities,
institutions or organizat[ons as teachers of the
University on such terms and conditions as may be laid
down by the Ordinances:
(xxiv) to determine standards and to specify conditioru; of the
admission of students to courses of study of the
University which may include examirnition, evaluation
and any other method of testing;
(xxv) to make arrangements for the promotion of the general
health and welfare of the employees:
(xxvi) to confer autonomous status on a college or a Regional
THE ASSAM GAZETTE , RXTRAORDINARY, SEPT. 29, 2005 2409
University
open to all
classes, castes
and creeds .
Centre in the manner laid down by the Statutes;
(xxvii) to admit to its privileges any College in Assam subject
. to such condition as may be laid down by the Statutes;
(xxviii) to do. all such acts as may be necessary or incidental to
the exercise of all or any of the powers of the University
as are necessary and conducive to the promotion of all
or any of the objects of the University.
(2) Notwithstanding anything contained in any other law for the
time being in force but without prejudice to the provisions
of sub-section (l), it shall be the duty of the University t~
take all such steps as it may benefit for the promotion of
Open University and distance education system and for the
determination of standards of teaching, evaluation and
research in su{;h system and for the purpose of performing
this function the University shall have such powers,
including the power to allocate and disburse grants tu
Colleges, whether admitted to its privileges or not or to any
other University or institution of learning as may be
specified by the Statutes.
6. (1) The University shall be open to persons of either sex and
of v. hatever race, creed, caste or c Jass, and it shall not
be lawful for the University to adopt or impose on any
person any test whatsoever of religious belief or
profession in order to entitle him to be appointed as a
teacher of the University or to hold any other office
therern or admitted as a student in the University or to
graduate there at or to enjoy or exercise an)' privilege
thereof.
(2) Nothing in sub-section ( l) shall be deemed to prevent the
2410 THE ASSAM GAZETTE, RXTRAORDINARY , SEPT. 29, 2005<J
The officers
of the
University
The
Chancellor
llniversity from making any special provision for Jl'te
appointment or admission of women or of person
'
belonging to the weaker sections of the !>ociety and in
particular of persons belonging to the Scheduled Castes
or Scheduled Tribes.
CHAPTER Ill
OFFICERS OF THE UNIVERSITY
7. The following shall be the officers of the University: -
(!) The Chancellor;
(2) The Pro Vice-Chancellor;
(3) The Vice-Chancellor;
(4) The Registrar;
(5) The Dean (Academic);
(6) The Dean (Administration);
(7) The Dean (Study Centres);
(8) The Finance Officer;
(9) The Director, Multimedia course material Centre;
( 10) The Director (Computer);
(I J) Such oth~r officers as may be declared by the Statutes to
be the Offi~ers of the University.
8. (1) The Governor of Assam shall be the Chancellor of the
University.
(2) Subject to the provisions of'"sub-sections (3) and ( 4), the
Chancellor shall have the right to cause an inspection to
be made by such person or persons as he may direct, of
the University, its buildings, laboratories and equipments,
and of any college, Regional Centre, a Study Centre and
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 24 J 1
~ also of the ex.am ination. instruction and other work
conducted or done by the Lniversity and to caust;! an
inquiry to be made in like manner in respect of any matter
connected with the administration and finance of the
University.
(3) fhe Chancellor shall, m every case, give notice to the
University of his intention to cause an inspection or
inqui ry to be made and the University shall, on receipt of
such notice have .the right to make, within thirty days
" from .the date of receipt of the notice or .'such other period
as the Chancellor may determine, representations to him,
as it may consider necessary .
(4) After considering the representa tions , if .any, made by the
University, _the Chancellor may cause to be made such
inspection or inquiry as is referred to in sub-section (2).
(5) Where an inspection or inquiry has been caused to be.
made by the Chancellor, the University shall be entitled to
appoint a representative who shall have the.right to appear
in person and to be heard on such inspection or inquiry.
(6) The Chancellor may address the Vice-Chancdlor with
reference to the results of inspection or inquiry together
with such views and advice with regard to the action to he
taken thereon as the Chancellor may be pleased to offer
anc! en rei::eipt of tl'le addres .'> made by the Chancellor , the
Vice-Chancellor shall communicate forthwith to the
., ..
Board of Management results of the inspection or inquiry
and the views of the Chancellor and the advice rendered
by him upon the action to be taken thereon.
(7) The Board of Management shall communicate through the
2412 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
Pro-Vicc
Chancellor
The Vice
Chanccllor
Vice-Chancellor to the Chancellor such action, if any, ~
it proposes to take or has been taken by it upon results of
such inspection or inquiry.
(8) Where the Board of Management does not, within a
reasonable time, take action to the satisfaction of the
Chancellor, the Chancellor may, after · c.onsidering any
·explanation furnished or representation made by the
Board of Management, issue such directions as he may
think fit and the Board of Management shall be bound to
comply with such directions.
(9) Without prejudice to the foregoing prov1S1ons of this
section the Chancellor may. by an order in writing, annul
any proceedings of the University which is not in
conformity with this Act, the Statutes or the Ordinances: '
Provided that before making any such order, he
shall call upon the University to show cause as to why
such an order should not be made and if any cause is
shown within a reasonable time he shall consider the
same.
(I 0) The Chancellor shall have such other powers as may be
specified by the Statutes.
9. ( l) The Pro-Vice Chancellor shall be appointed by the
Chancellor in such manner, for such term and on such
conditions of service as may be prt:scribed by the Statutes.
(2) The Pro-Vice Chancellor. shall have such powers and
functions as may he spt:cified by the Statutes.
I 0. (1) Tht: Vice-Chancellor shall be appointed by the Chan.cellur
in such manner, for such term and on such emoluments and
other conditions of service as may be prescribed by the
Statutes.
THE ASSAM GAZETTE , RXTRAORDINARY, SEPT. 29, 2005 2413
•
(2) The Vice-Chancellor shall be the principal academic and
e~ecutive officer. of the University and shall exercise
supervision and control over the affairs of the University
and give effect-to the decisions of alt the authorities of the
University.
(3) The Vice-Chancellor may, if he is of the opinion that
immediate action is necessary on any matter, exercise any
power conferred on any authority of the University by or
under this Act and shall report to such authority the action
taken by him on such matter:
Provided that if the authorit) 1 concerned is of the
opinion that such action ought not to have been taken it
may refer the matter to the Chancellor whose decision
thereon shall be final:
Provided further that any person in the service of the
University who -is aggrieved by the action taken by the
Vice-Chancellor under this sub-section shall have the right
to appeal against such action to the Board of Management
within ninety days from the date on which such action is
communicated to him and there upon the Soard of
Management may confirm, modify or reverse the action
taken by the Vice-Chancellor.
( 4) The Vice-Chancellor, if he is of the opm1on that any
decision of any authority is beyond the powers of the
authority conferred by the p.rovisions of this Act, Statutes
or Ordinances or that any d~cision taken is not in the
interest of the University, may ask the authority concerned
to review its decision within sixty days of such decision
and if the authority refuses to review its decision either in
2414 THE ASSAM GAZETTE, RXTR AORDINARY, SEPT 29, 2005
whok or in part or no decision is taken by it within th,,\
said period of sixty days, the matter shall be reforred to the
Chancellor whose' decision thereon shall be final :
Provided that the decision of the authority concer11ed
shall remain suspended during the period of review of
such decision by the authority or the Chancellor, as the
case may be, under this sub-section.
(5) The Vice-Chancellor shall exercise such other powers and ·
perform such other functions as may be prescribed by the
Statutes and the Ordinances.
The Registrar l 1. The Registrar shall ~ appointed rn such manner, on such
emoluments and other conditions of service, and shall exercise
such powers and perfonn such functions, as may be prescribed
by the Statutes.
The Dean
The .Finance
Officer
I 2. Every Dean shat! be appointed in such manner, on such
emoluments and other conditions of services and shall exercise
such powers and perfonn such functions as may be prescribed
by the Starntes.
I 3. The Finance Officer shall be appointed in such manner, on such
emoluments and other conditions of service and shall exercise
such power and perform such functions as may be prescribed
by the Statutes.
The Director 14. Every Director shall be appointed in such manner, on such
Other
Officers
emolument< ::rnd Pther conditions of <c ~rvicc ~ ariri sh<Jll exercise
such powers and perform such functions as ~ay be prescribed
by the Statutes.
15. The manner of appointment emoluments, other c<.:nditions of
service ru1d powers and duties of the other officers of the
University shall be such as may be prescribed by the Statutes.
THE ASSAM GAZETTE, RXTRA.ORDINARY, SEPT. 29, 2005 2415
CHAPTER IV
AUTHORITY OF 'fHE UNIVERSITY
Authorities of 16. The following shall be the authorities of the University.
the University namely : -
(1) The Board of Management;
(2) The Academic Council;
(3) The Finance Corrunittee .and
( 4) Such other authorities as may be declared by the Statutes
to be the authorities of the University.
The Board of 17. (I) The Board of Management shall be the principal executive
Management body of the University consisth1g of the following
members, namely: -
( I) The Vice-Chancel !or;
(2) The Registrar;
(3) The Commissioner and Secretary to the Gov::mment of
Assam, Higher Education Department;
( 4) The Commissioner and Secretary to the Govt. of Assam,
finance Department;
(5) A Vice-Chancellor of the Universities in the State of
Assam, nominated by the Vice-Chancellor by rotation for
such a period as may be specified by the Statutes;
(6) The Dean (Academic);
· (7) The Dean (Administration);
(8) The Dean (Study Centres);
(9) Five distinguished persons from the educational, scientific
and administrative fields to be nominated by the
Chancellor:
Provided that from amongst the nominated persons
2416 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
The.
Academic
Council
under this clause one shall be a person belonging t)l\
Scheduled Castes or Scheduled Tribes and one shall be
'
woman;
(10) Two members of the Assam Legislative Assembly
elected from among themselves .
(2) The Board of Management shall have the powers -
(i) to manage and administer the properties and revenues of
the University;
(ti) to conduct all administrative affairs and shall exercise -
(a) such other powers of the University as may be
necessary; incidental or conducive to the fulfillment
of the objectives of the University and
(b) such other powers as may be prescribed by the
Statutes.
18. (1) The Academic Council shall consist of the following
. members, namely :-
(i) The Vice- Chancellor;
(ii) The Registrar;
(iii) The Dean (Academic):
(iv) The Dean (Administration);
(v) The Dean (Stlldy Centres);
(vi) Other Dean (if any); and
(vii) Such other officers of the University as the University
and the Academic Council may consider necessary to
co-opt as members.
(2) The Academic Council shall be the principal academic body
of the Univers_ity and shall, suhject to the provisions of this
Act, the Statutes and Ordinances, have the control and
general regulation of and be responsible for the maintenance
THE ASSAM GAZETTE, RXTRAORDINAR Y, SEPT. 29, 2005 2417
The Finance
Committee
•
of standards of l((arning, education, instruction, evaluation
and examination within the University and shall exercise
such other· powers and perform such other functions as may
be conferred or imposed upon it by the Statutes.
l 9. (1) The Board of Management shall constitute a Finance
Committee consisting of not more than six members as
follows:
(i) The Vice-Chaocellor, Ex-Officio Chairman;
(ii) The Commissioner and Secretal)'. to the Govt. of
Assam. Finance Department or his nominee;
(iii)The Commissioner and Secretary to the Govt. of
Assam, Education (Higher) Department or his
nominee;
(iv) Two members nominated from amongst the members
of the Board of Management, by the Board of
Management:
(v) The Registrar;
(vi) The Finance Officer, Ex-Officio Member Secretary;
(2) The powers and functions of the Finance Committee shall
be as follows:-
(i) scrutinize the annual budget estimates and make its
recommendations to the Board of Management;
(ii) conduct general examination of the accounts of the
Unive:sity a!':rl ctP~" ider the aU<fit reports and make its
recommendations thereon:
(iii)examlce ail proposals of the University involving
·~.xpcnditure fer which n8 provisicr: h<!s been made in
:.he budg,;t or involving cxpcndi~ure ir: excess of the
amount provided for in the budget: :1!1u
2418 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
Other
authorities
Statutes
(iv) such other functions as may be prescribed by ).he
Statutes.
20. The constitution, powers and functions of the other authorities.
which may be declared by the Statutes to be authorities of the
University shall be such as may be prescribed by the Statutes.
CHAPTER V
STATUTES, ORDINANCES AND REGULATIONS
. 21. Subject to the provisions of this Act, the Statutes may provide
for all or any of the following matters, namely: -
(a) the manner of appointment of the Vice-ChanLcllor or the
term of his appointment, the emoluments and other
conditions of his service and the po\vers and functions
that m:ty be exercised and performed by him;
(h) the manner of appointment of Registrar, the Finance
Officer and other officers. the cmo luments and the
conditions •1f their service and the powers and functions
that may be exercised and performed by each of such
offaers:
(c) the terms of office of the members of ~he authoriri.:~.
their daily :md traveling allowances and the powers and
function<; that may be exercised and performed by 5u1:h
authorities:
(d) the appointment of tc?.dit:rs <md other employees of the
Unin:r:;ity, their emoluments <lnd their conditions ef
(e) the wnstitnlion of a pension or provident fund and the
c:stc.b!ishmcnt of an insurance scheme for the benefit of
the cmp!•)jl:'.t:S of the University;
THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2419
Statutes how
made
(f) the principles covering the seniority of service of
employees of the University;
(g) the procedure in relation to any appeal or application for
review by any employee or student of the University
against the action of any officer or authority of the
Univdsity including the time within which such appeal
or application for review shall be preferred or made:
(h) the procedure for the settlement of disputes bef\.veen the
employees or students of the University and the
University;
(i) the confennent of autonomous status on Colleges and
Study Centre:
U) the allocation and disbursement of grants to colleges and
institutions;
(k) the conditions that are required to be fulfilled for
admission of the Colleges to the privileges of the
University;
(I) all other matters which by this Act are to_ be, or may he
provided for by the Statutes.
22. (l) The first Statutes shall be framed by the State Government
by notification in the Official Gazette.
(2) The Board of Management may. from time to time,
make new or additional Statutes or may amend or repeal
the Statutes referred to in sub-section (I),
Provided that the Board of Management shall not
make, amend or repeal any Statutes affeL:ting the status,
powers or constitution of any authority of the Oniyersity
until such authority has been givi::n a reasonable
opportunity to express its opinion in writing on the
----- -
.i
2420 THE ASSAM GAZETT E, RXTRAORDINARY, SEPT. 29, 2005
proposed changes and any opinion so expressed has - ~en
considered by th~ Board of Management .
(3) Every new Stah1tes or addition to the Statutes or any
amendment or repeal lhereof shall require the 2pproval
of the Chancellor, who may assent thereto or withhold
assent or remit to the Board of Management for
reconsideration in the light of the observation , if any
made by him.
( 4) A new Statute or a Statute amending or repealing an
existing Statute shall not be valid unless it has been
assented t.o by the Chancel1or.
(5 ) N otwithstanding anything contained in the foregoing
sub-sect ion, the Chancellor may make new or additional
Statutes or amend or repeal the Statutes ref erred to in
sub-section ( 1) during the period of three years
immediately after the commencement of this Act.
(6) Notwithstanding anything contained ·ir. the foregoing
sub-section, the Chancellor may direct the University to
make provisions in the Statutes in resp ect of any matter
specified by him and if the Board of Management is
unable to implement such a direction within sixty days
I
of its receipt, the Chancellor may, after considering the
reasons, if any, communicated . by the Board of
Management for its inability to comply with such
• direction, make or amend the Statutes suitably
Ordinances 23. (1) Subject to the provisions of this Act and the Statutes, the
Ordinances may provide for al_! or any of the following
matters, namely. -
(a) the admission of students, the course of study and the
r----------- - --- --------'----- - - - ----
THEASSJ\M GAZETTE, RXTRAORDINARY, SEPT. 29, 2005 2421
Regulations
General fund
fees to be charged therefore, the qualifications pertaining
to degrees, diplomas. certificates and other courses, the
conditions for the grants of fellowship. awards and the
like;
(b) the conduct .of examination, including the terms and
conditions and appointments of examiners;
(c) the management of Col!eg~s admitted to the privileges of
the University; and
(d) any other marter which by this Act or the Statutes is to
be, or may be, provided for by the Ordinances.
(2) The first Ordinances shall be made by the Chancellor with the_
previous approval of the State Government and the
Ordinances so made may be amended, repealed or added to
at any time by the Board of Management in the manner
prescribed by the Statutes .
24. The au~horities of the University may make regulations
consistent with this Act, the Statut~s and the Ordinances for
the conduct of their own business and that of the Committee,
if any , appoinred by them and not provided for by this Act,
the Statutes or the Ordinance' : in the manner prescribed by
the Statutes.
CHAPTER VI
FINANCE AND ACCOUNTS
25 . Th e University shall have a general fund to which shall be
credited -
(a) its income including the fees and endowments;
(b) contributions or grants; if any, which may be made by
the State Government on such conditions as it may
2422 THE ASSAM GAZETTE, RXTRAORDINARY, SEPT. 29, 2005
Restriction of
creation of
new liability
and diversion
of
Goxemment
grant
impose; and
(c) other contributions or grants or loans raised.
26. Notwithstanding anything contained in any other prov;sions
of this Act, the University shall not create any new or
additional liability which involves contribution or grants
from the State Government effecting the State Exchequer· or
shall not divert and invest any portion of any grant given·to
it by the State Government in any form for any other
purposes other than the purposes for which the grant was
given, without the prior approval of the State Government.
Annual report 27. (I) The annual report of the: University shall be prepared
Annual
accounts, etc.
under the directions of the Board of Management which
shall include among other matters, the steps taken by
the University towards the fulfillment of its objects.
(2) The annual report so prepared shall be submitted to the
Chancellor on or before s.uch date as may be prescribed
by the Statutes.
(3) A copy of the annual report, so prepared under sub
section (1) shall also be submitt('.d to the State:
G~vernment which shall. as soon as may be, cause the
same to be laid before the Assam Legislative Assembly.
28. ( l) The annual accounts and the balanoe sheets of the
University shall be prepared under the directions of the
Board of Management and shall, .once at least every
year, and at intervals of not more than fiftef"n moths, be
audited by the Director of Local funds and Accounts or
such person as the State Government may authorize in
this behalf .
. (2) A copy of rhe accounts together with the audit repqrt
THE ASSAM GAZETTE, RXTRAORDINARY SEPT. 29, 2005 2423
:spall be sub:initt~~ t9 th~ Chqncellpr alof')g witfl th~
observations, if 1tO)', of the Bo:irq of Management;
(3) t\ny observatiqn made by the Chancellor on the annual
~cpunts s~all b~ brpµghl to the notice of tp11 ao~rd Qf
Mi:lntlgl:!lWPl imct q1e views of the Boa:i:f of
Man&gemem, if any, on su.ch observatio1111 !i~alf pe
submitted tn t~e Chancellor;
( 4) A copy of the ~ccbmtt') together with the au~i~ report, as
submitted to th~ C~llflc~llor, sha!l also be submitted to
the State Goyernmi::rit. which shail ~s soon as may be,
l:ause the same to be laid before t~e A~sam Le gjs!~tive
Ass(}mbl)' at !tr> nell'.r session;
{5) The 1tµ~!te ,d !ln1rnal aq;ounts after h1wipg been laid
·'
before the Srate ·Legislative .;.. ss~[llbly sht;!i be
t ;" r;-
CtV~fT~fi. VJJ
CO.'.'lf.;rpoNs OF s~~~VfJ=f: Of E~PLt)\'fES
Coi:ditions of
5ervice of
employees
29. (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 provisions 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, RXTRAORDINAR Y, 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 shall 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 into 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 notification, 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
establishment 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 .