LexThe Gauhati University Act, 1947
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT XVI OF 1947
THE GAUHATI UNIVERSITY ACT, 1947.
[Passed by the Assembly]
[Received the assent of the Governor on the 15th October, 1947.]
[Published in the Assam Gazette of the 22nd October, 1947. J
An
• Act to establish and constitute a teaching, residential and affiliating University at Gauhati.
Preamble.
Short title
and com
mence
ment.
Whereas it is expedient to establish and constitute a teaching,
residential and affiliating University at Gauhati and to dissolve the
Gauhati University Trust Board, registered under the Indian Trust
Act, 1882, and to transfer to and vest in the said University all
property and rights now vested in the said Trust Board ;
It is hereby enacted as follows :— -
1. (1) This Act may be called the Gauhati University Act, 1947
(2) It shall come into force on such date as the Provincial
Government may, by notification in the official Gazette, direct.
(3) The Gauhati University Trust Board shall be dissolved and all
properties and rights now vested in the said Trust Board shall be trans-
Dissolution
of the Gau- x x -
hati Univer- ferred to and vest in the said University on such date as this Act may
Board T r u s t come into force.
Calcutta
University’s
jurisdiction
to cease. ■
(4) From the date on which this Act comes into force, the Calcutta
University as constituted under the Indian Universities Act of 1904, and Act
the Dacca Board of Intermediate and Secondary Education as appointed VIII
by the Government of Bengal in their Resolution No. 1011-Education j 9 0 1_
of 1921, shall cease to exercise their jurisdiction over the educational
institutions recognised by the Government of Assam and the Statutes,
Ordinances, Regulations and Rules of the Calcutta University and the
Dacca Board of Intermediate and Secondary Education, shall not be
operative in so far as they relate to such institutions and the Gauhati
University shall exercise authority and jurisdiction over all such edu
cational institutions from the aforesaid date.
Definitions. 2. In this Act and in the Statutes, unless there is anything
repugnant in the subject or context:
(a) “ College” means any College or Institution maintained or
admitted to privileges by the University.
(b) “ Council” means the University Council.
(c) “ Court” means the University Court.
(d) “ Faculty” means a Faculty of the University.
(e) “ Government” means the Government of Assam.
( / ) “ Hall” means a unit of residence for the students of the
University maintained or recognised by the University in
accordance with the provisions of this Act.
(g) “ Patron of the University” means a person who has made a
donation of not less than R s.1,00,000 to the funds of the
University and has been declared by the Chancellor to be
' a patron of the University.
| Price annas 6 or 7d.]
2
( h ~ ) “ Principal” means the head of a College, and includes, where
there is no Principal, the person for the time being d ety
appointed to act as Principal, and, in the absence of the
Principal, a Vice-Principal duly appointed as such.
(i) “ Registered Graduate” means a graduate registered under
the provisions of this Act.
( j) “ Statutes” , “ Ordinances” and “ Regulations” mean, res
pectively, the Statutes, Ordinances and Regulations of the
University made under this Act.
(A ) “ Teachers” includes Professors, Readers, Lecturers and other
persons imparting instruction in the University or in any.
College or Hall.
(/) “ Teachers of the University” means persons appointed or
recognised by the University under the provisions of this
Act for the purpose of imparting instruction in the Univer
sity or any College.
(m) “ University” means the Gauhati University.
(n) “ Warden” means the head of a Hall.
C onstitution, 3. (1) The first Chancellor, the first Vice-Chancellor of the
succession University and the first members of the Court, the Executive Council
noses P U I" an< ^ the Academic Council and all persons who may hereafter become
such officers or members, so long as they continue to hold such office
or membership, shall constitute the University.
(2) The University shall have perpetual succession and a
Common Seal and shall sue and be sued by the said name.
-5>
(3) The University shall be deemed to have been constituted
for the purposes, among others, of making provisions for •impart
ing education, for research and for the advancement and dissemina
tion of knowledge in such subjects as the University may deem tit.
a
University 4. The University shall be open to all persons of either sex
open to all a n c j whatever race, creed or class, and it shall not be lawful for
casteT’ and ^l e University to adopt or impose any test whatsoever of religious
creeds. belief or profession in order to entitle a person to be admitted
thereto as a Teacher or student, or to hold any office therein
or to graduate thereat, or to enjoy or exercise any privilege
thereof, except where such test is specially prescribed by the
Statutes or in respect of any particular benefaction accepted by the
University or when such test is made a condition thereof by any
testamentary or other instrument creating such benefaction.
Powers of
he U ni
versity.
5. The University shall have the following powers, namely:—
(c) to provide for instruction in such branches of learning
as the University may think fit, and to make provision
for research and for the advancement and dissemination
of knowledge,
(b) to hold examinations and to grant to, and confer Degrees
apd other academic distinctions on, persons who
i) have passed a course of study in or prescribed by the
University, or
(n) are teachers in educational institutions under conditions
laid down in the Ordinances and Regulations and have
passed the examinations of the University under like
conditions,
’ c) to confer honorary degrees or other distinctions, on approved
persons in the manner laid down in the Statutes,
(< /) to grant such diplomas to and to provide such lectures and
instructions for, persons not being members of the Univer
sity, as the University may determine,
(e) to withdraw or cancel Degrees, Diplomas, certificates or other
distinctions granted or conferred,
( f ) to co-operate with other Universities and authorities in such
manner and for such purposes as the University may deter
mine,
(#) to institute any Professorship, Readership, Lecturership and
any other teaching posts required by the University,
(A ) to appoint or recognise persons as Professors, Readers, or
Lecturers, or otherwise as teachers of the University,
(?) to institute and award Fellowships, Scholarships, Exhibi
tions and Prizes in accordance with the Statutes and
Regulations,
(j) to maintain Colleges and Halls, to recognise Colleges and
Halls not maintained by the University, and to withdraw
such recognition,
(A ) to demand and receive payments of such fees and other
charges as may be authorised by the Ordinances,
(Z ) to supervise and control the residence and discipline of
students of the University, and to make arrangements for
promoting their health and general welfare,
to receive grants from Government and donations from
private individuals or associations, for specific or general
purposes,
(n) to make grants from the funds of the University for assistance
to extra-mural teaching,
(o) to take, purchase and hold any property, movable or
immovable, which may become vested in it for the purpose
of the University by purchase, grant, testamentary disposi
tion, or otherwise, and to grant, demise, alienate or other
wise dispose of all or any of the property, movable or
immovable belonging to the University, and also to do all
other acts incidental or appertaining thereto,
4
( /> ) to constitute for the benefit of its officers and employees such
pensions and provident funds as it may deem fit in such
manner and subject to such conditions as may be prescrib-
. ed, and
jik &4C (?)/ t o do all such other acts and things, whether incidental to the
' I powers aforesaid or not, as may be requisite in order to
Ad lt{<i further the objects of the University as a Teaching and
Examining body, and to cultivate and promote Arts,
Sciences and other branches of learning.
Teaching 6. (1) All recognised teaching in connection with the University
of the Uni- courses shall be conducted under the control of the Academic Council
versity. by Teachers of the University, and shall include lecturing and labora
tory work and other teaching conducted in accordance with any
syllabus prescribed by the Regulations.
(2) The Authorities responsible for organising such teaching
shall be prescribed by the Statutes.
(3) The courses and curricula shall be prescribed
Ordinances and, subject thereto, by the Regulations.
7. The following shall be the Authorities and Officers
University:—
(i) the ~
( z ’ z ’ ) the
the
the
the
the
the
the
the Registrar, and
such other authorities and officers as may be provided
the Statutes.
8. Subject to the provisions of this Act, the powers and duties of
the Officers of the University,- the term for which they shall hold office
and the filling up of casual vacancies in such offices shall be provided
for by the Statutes.
Authorities
and Officers
of the Uni
versity,
of
of
Powers and
duties
Officers,
terms
office and
filling up of
casual va
cancies.
The Court
by the
of the
(z 'z z )
(w)
W
(w)
(vii)
(viii)
(ix)
(x)
Chancellor,
V ice-Chancel lor,
Court,
Executive Council,
Academic Council,
Faculties,
Standing Finance Committee,
Treasurer,
by the Statutes.
for by
9. (1) The Court shall consist of the following persons, namely:
Class I —Ex-officio Members
( i~ ) the Chancellor,
(zz) the Vice-Chancellor,
(zzz) the Minister for Education, Assam,
(iv) the Treasurer,
(a) the Registrar,
(vi) the Director of Public Instruction, Assam,
(yii) the Principals,
(w ’ z z ) the Deans of Faculties,
(zx) the Professors and Readers of the University, and
(x) such other ex-officio members as may be prescribed by the
Statutes.
s
Class II—Life Members
(xi) The Patrons of the University and persons (if any) appointed
by the Chancellor on the recommendation of the Executive
Council to be life members on the ground that they have
rendered great services to education or have made substan
tial donations to the University.
Class III— Other Members
(xii) Doctors of the University who have kept their names on the
Register of Doctors of the University,
(xiii) graduates of the University elected by the registered
graduates from among their own body,
(xiv) persons elected from among their own body by Teachers
who are not Professors or Readers of the University,
(x z > ) persons elected by associations or other bodies approved in
this behalf by the Chancellor on the recommendations of
the Executive Council,
(xvi) persons elected by the members of the Legislative Assembly
from among their own numbers,
(xw) persons appointed by the Chancellor, and
(xviii) a representative of the Governing Body of each College elected
or nominated by that Body.
(2) The number of members to be elected or appointed under
clauses (xiii), (xiv), (xv), (xvi) and (xvii) and the tenure of
office of members to be elected or appointed under each clause of
Class III shall be prescribed by the Statutes and the mode of election
of members to be elected under clauses (xiii) and (xiv) shall be pres
cribed by the Ordinances.
The meet
ings of the
Court.
10. (1) The Court shall, on a date to be fixed by the Vice-Chan
cellor, meet once a year at a meeting to be called the Annual Meeting
of the Court.
Powers of
the Court.
(2) The Vice-Chancellor may, whenever he thinks fit, and
shall, upon a requisition in writing signed by not less than one-third of
the members of the Court, convene a Special Meeting of the Court.
11. Subject to the provisions of this Act, the Court shall have the
following powers, namely :—
(a) of approving or rejecting the draft Statutes or draft
amendments to Statutes placed before it by the Execu
tive Council,
(b) of considering and cancelling Ordinances, and
(c) of considering and passing resolutions on the annual
report, the annual accounts and the financial estimates,
for appropriate action,
and shall exercise such other powers and perform such other duties as
may be conferred or imposed upon it by the Statutes.
The Execu- 12. (1) The Executive Council shall be the executive body of the
tive Coun- University and shall consist of the following members :— _ _ _ _
Class I —Ex-officio Members
(?) the Vice-Chancellor, „
(zi) the Director of Public'Instruction, Assam, ■ * *
• (iii) three Deans of Faculties elected from among their own body
by the Deans of Faculties of the University,
(w) two Principals of recognised Colleges elected from among
their own body by the Principals of such Colleges,
(u) the Treasurer,
(w) the Registrar,
Class II— Other Members
(viz) one member of the Court elected by the Court at its
Annual Meeting,
(viii) one member of the Academic Council other than the
Deans of Faculties elected by the Academic Council,
(zx) one member to be appointed by the Professors of the Uni
versity (salaried or honorary) from their own numbers,
andr"
(x) two persons nominated by the Chancellor, of whom at least
y -o n e shall be_a woman.
(2^ rfie terms of office of inf*men^bers, other than ex-officio
members, shall be prescribed by the Statutes.
Powers and
duties
of the
Executive
Council.
13. The Executive Council—
(o) shall hold, control and administer the property and funds
of the University, and for these purposes shall appoint a
Finance Committee to advise it on matters of finance.
The Treasurer shall be the Chairman of the Committee and
the remaining members shall be appointed from among the
members of the Executive Council:
Provided that at least one member of the Committee shall be a
n member elected to the Executive Council by the Court ;
f a * ,( Z > ) shall determine the form, provide for the custody and regu
late the use of the Common Seal of the University ;
(c) shall lay before Government annually a full statement of the
financial requirements of the University and the Colleges ;
(o') shall administer any funds/ placed at the disposal of the
University for specific purposes ;
(e) subject to the provisions of this Act and the Statutes, shall
appoint the officers (other than the Chancellor, the Vice-
Chancellor, and the Treasurer), Teachers, the clerical staff
and servants of the University and shall define their duties
and conditions of service and shall provide for the filling up
of temporary vacancies ;
7
■
c->
(/■) shall have power to accept, on behalf of the University,
bequests, endowments, donations or transfer any movable or
immovable property ;
(g) shall have power, subject to the Statutes, to recognise or
withdraw recognition from a College or Hall not main
tained by the University ;
shall arrange for the holding of, and publish the results of the
University examinations ;
shall, subject to the powers conferred by this Act on the
Vice-Chancellor, regulate and determine all m atters/con
cerning the University in accordance with this Act, the
Statutes and the Ordinances :
/ Provided that no action shall be taken by the Executive Council
in respect of the appointment or emoluments of examiners,
or the numbers, qualifications or emoluments of Teachers,
otherwise than on a recommendation of the Academic
Council; and
( j ) shall exercise all the powers of the University not otherwise
provided for.
The Acade- The Academic Council shall be the academic body of the
mic Council. University and shall,’ subject to the provisions of this Act, the Statutes
and the Ordinances, have the control and general regulation of
and be responsible for the maintenance of standards of instruction,
education and examination within the University, and shall exercise
such other powers and perform such other duties as may be conferred
and imposed upon it by the Statutes. It shall have the right to
advise the Executive Council on all academic matters. The constitu
tion of the Academic Council and the terms of office of its members,
other than ex-officio members shall be prescribed by the Statutes.
Facul- 15- (1) The University shall include Faculties of Arts, Science,
Law, Medicine, Technology, Agriculture, Engineering, Commerce and
Indian Fine Arts and such other Faculties as may be prescribed by the
Statutes.
(2) Each Faculty shall, subject to the control of the Academic
Council, have charge of the teaching and the courses of study and the
research work in such subjects as may be assigned to such Faculty
by the Ordinances.
(3) The constitution and powers of the Faculties shall be pres
cribed by the Statutes.
(4; There shall be a Dean of each Faculty who shall be responsi
ble for the due observance of the Statutes, Ordinances and Regu
lations relating to the Faculty.
(5) Each Faculty shall comprise such Departments of Teaching
as may be prescribed by the Ordinances. The Head of every such
Department shall be the Professor of the Department or, if there is
no Professor, the Reader. If there is more than one Professor, or
more than one Reader of a Department, the Vice-Chancellor shall
appoint to be the Head of the Department such one of the Professors
or, if there is no Professor, such one of the Readers as he thinks fit.
The Head of the Department shall be responsible to the Dean for
the organisation of the teaching in the Department.
(6) The Dean of a Faculty shall be elected by the Faculty
from among the Heads of the Departments of the Faculty and shall
hold office of Dean for such term as may be prescribed by the
Statutes.
The
ties.
C -AU
A
8
16. The constitution, powers and duties of such other Autho-Other Au
thorities of r iti e s as may be declared by the Statutes shall be provided for in the Univer- ...................
sity.
The Univer
sity Boards.
Authority
over High
Schools.
the manner prescribed by the Statutes.
17. (a) The University shall include a Residence, Health and
Discipline Board and such other Boards as may be prescribed by the
Statutes.
(i) The constitution, powers and duties of the Residence,
Health and Discipline Board and of all other Boards of the University
shall be prescribed by the Ordinances.
18. The University shall exercise no authority over the High
Schools of the Province or other Schools of the Province except in
so far as it may accept or not accept the Provincial School Leaving
Certificate or any other certificate as equivalent to the Matricu
lation in regard to the standard attained and to the subjects
presented :
Provided that the University shall have jurisdiction over the
High Schools and High Madrassas in Assam till such time as all
" I of Secondary
Matriculation
University or
Examinations
Matricula
tion Exami
nation.
schools in Assam are brought under a separate Board
Education.
19. The University shall have the .right to hold a
Examination for the admission of the students to the
to its affiliated Colleges without regard to any School
held by the Government or any other Authority.
Audit of 20. (1) The accounts of the University shall, once at least in
Accounts. every year and at the intervals of not more than fifteen months,
be audited by the Examiner, Local Accounts, Assam.
(2) The accounts when audited shall be published in the
official Gazette and a copy of the accounts together with the
Report of the Examiner, Local Accounts, shall be submitted to the
Chancellor.
Statutes. 21. Subject to the provisions of this Act, the Statutes may
provide for all or any of the following matters, namely:—
the conferment of honorary Degrees ;
the institution of Fellowships, Scholarships, Exhibitions and
Prizes ;
the terms of office, the method of appointment and the
conditions of service of the officers of the University ;
the designation and the powers of the officers of the
University ;
the constitution, powers and duties of
the University ;
(/■) the institution of Colleges and Halls
nance ;
(g) the condition for the recognition by the
of Colleges and Halls not maintained
« • >
(«)
w
(< /)
the Authorities of
and their mainte-
Executive Council
by the University
and for the withdrawal of such recognition and the
management of such Colleges and Halls ;
(A ) the mode of appointment and recognition of Teachers of
the University ;
(j) the constitution of pension, insurance and provident funds
for the benefit of the officers, teachers, clerical staff
and servants of the University ;
( j ) the maintenance of a register of registered graduates,
and
c-3
9
( k) all matters which by this Act are to be or may be prescrib-
ed by the Statutes.
Statutes how 22. (1) The first Statutes shall be those set out in the Schedule
m a e ’ and they shall have effect as if duly enacted under the provisions of
this Act.
(2) The draft Statutes or draft amendments to Statutes may
be approved or rejected by the Court in the manner hereinafter
provided.
(3) Every draft of Statutes proposed by the Executive Council
shall be submitted to the Court for consideration. Such draft shall
be considered by the Court at its next meeting. The Court may pass
the Statute or may return the Statute to the Executive Council
for reconsideration.
(4) Any draft of a Statute proposed by the Executive Council
and rejected by the Court shall be submitted to the Chancellor who
may refer it back to the Court for reconsideration.
(5) Every Statute passed by the Court shall be submitted to
the Chancellor who may give or withhold his consent or refer it back
to the Court for reconsideration.
(6) A Statute passed by the Court shall have no validity until it
has been assented to by the Chancellor:
Provided that the Executive Council shall not propose the draft of
any Statute affecting the Statutes or the powers and constitution of
any authority of the University until such authority has been
given an opportunity of expressing an opinion in writing upon the
proposal and until the Chancellor on consideration of the draft pro
posal and the opinion has given his personal sanction.
* (7) Any member of the Court may propose to the Court
the draft of any Statute and the Court may refer such draft to the
Executive Council for consideration, and the Executive Council
e may either reject the proposal or submit the draft to the Court in
such form as the Executive Council may approve : and the provi
sions of this section shall appty in the case of any draft so submitted
as they apply in the case of a draft proposed to the Court by the
Executive Council.
Ordinances 23 Subject to the provisions of this Act, and the Statutes,
the Executive Council may frame Ordinances to provide for all or
any of the following matters, namely :—
(c) the admission of students to the University and their
enrolment as such ;
(b) the courses of study to be laid down for all degrees and
diplomas of the University ;
(c) the conditions under which students shall be admitted to
the degree and diploma courses and to the examinations
of the University and shall be eligible for the degrees and
diplomas ;
'< /) the conditions of residence of the students of the Univer
sity ; '
-» ;/) the affiliations of Colleges and recognition of the hostels ;
(./") the qualifying attendance required in the various cour
ses ;
* \g) the extension of University teaching in any suitable cen
tre within the Province bv means of University extension
lectures or others ;
10
Ordinance
how made.
Retaliations.
(A ) the emoluments and conditions of service of teachers of
the University ;
(i) the fees to be charged for courses of study in the Univer
sity and for admission to the examinations, degrees and
diplomas of the University ;
( j ) the formation of Departments of Teaching in the Faculties ;
(k) the constitution, powers and duties of the Boards of the
University ;
(l) the conduct of examinations ; and „
(m) all matters which by this Act or the Statutes are to be
or may be provided by the Ordinances.
24. (1) Save as otherwise provided, Ordinances shall be framed
by the Executive Council:
Provided that—
(?) no Ordinance shall be made affecting the conditions of resi
dence of students, except after consultation with the Resi
dence, Health and Discipline Board, and
{ ??) no Ordinance shall be made—
(a) affecting the admission or enrolment of students or prescrib
ing examinations to be recognised as equivalent to the
University examinations or prescribing the further quali
fications mentioned in sub-section (2) of section 28 for
admission to the degree courses of the University, or
( Z > ) affecting the conditions, mode of appointment or duties of
examiners or the conduct or standard of examinations or
any course of study,
unless a draft of such Ordinance has been proposed by the
Academic Council.
(2) The Executive Council shall not have power to amend any *
draft proposed by the Academic Council under the provision of sub
section (1) but may reject it or return it to the Academic Council for
reconsideration either in whole or in part, together with any amend
ment which the Executive Council may suggest.
(3) All the Ordinances made by the Executive Council shall be
presented, as soon as may be, to the Chancellor and the Court, and
shall be considered by the Court at its next meeting. The Court shall
have power, by a resolution passed by a majority of not less than two-
thirds of the members voting, to cancel any Ordinance made by the
Executive Council, and such Ordinance shall, from the date of such
resolution, be void.
(4) Where the Executive Council has rejected the draft of an
Ordinance proposed by the Academic Council, the Academic Council
may appeal to the Chancellor who may, if he approves the draft,
make the Ordinance. An Ordinance made under this sub-section
shall cease to have effect on the expiry of six months from the making
thereof. *
25. (1) The authorities of the University may make Regulations
consistent with this Act, the Statutes and the Ordinances-—
(a) laying down the procedure to be observed at their
meetings and the number required to form a quorum,
(A ) providing for all the matters which by this Act, the Statutes*
or the Ordinances are to be prescribed by Regulations,-
and
11
Colleges.
Halls.
Admission
to University
Courses.
(c) providing for all other matters solely concerning such
authorities and not provided for by this Act, the Statutes
and the Ordinances.
(2) Every authority of the University shall make Regula
tions providing for the giving of notice to the members of such
authority, of the dates of meetings and of the business to be considered
at the meetings, and for the keeping of a record of the proceedings of
the meetings.
(3) The Executive Council may direct the amendment, in
such manner as it may specify, of any Regulation under this section
or the annulment of any Regulation made under sub-section (1) :
Provided that any authority of the University which is dissatisfied
with any such direction may appeal to the Chancellor, whose
decision in that matter shall be final.
26. (1) The Colleges shall be such as may be named in the
Statutes.
(2) The conditions of residence in the Colleges shall be
prescribed by the Ordinances, and every College shall be subject to
inspection by any member of the Residence, Health and Discipline
Board authorised in this behalf by the Board and by any officer of the
University authorised in this behalf by the Executive Council.
27. (1) The Halls shall be such as may be maintained by the
University or approved and recognised by the Executive Council
on such grounds and conditions as may be prescribed by the Ordi
nances.
(2) The Wardens and the superintending staff of the Halls
shall be appointed in the manner prescribed by the Statutes.
(3) The conditions of residence in the Halls shall be
prescribed by the Ordinances and every Hall shall be subject to
inspection by any member of the Residence, Health and Discipline
Board authorised in this behalf by the Board and by any officer of
the University authorised in this behalf by the Executive Council.
(4) The Executive Council shall have power to suspend or
withdraw the recognition of any Hall which is not conducted in
accordance with the conditions prescribed by the Ordinances.
28. (1) Admission of students to the University shall be made by
an Admission Committee (including at least one Principal)
appointed for that purpose by the Academic Council.
(2) Students shall not be eligible for admission to a course of
study for degree unless they have passed the Intermediate Examina
tion of an Indian University incorporated or constituted by any law for
the time being in force, or an examination recognised in accordance
with the provisions of this section as equivalent to such examination,
and possess such further qualifications, if any, as may be prescribed
by the Ordinances. Any such qualifications may be tested by
examinations:
Provided that, during a period of five years from the commence '
ment of this Act and such further period as the Chancellor may directs
any student who has passed the Matriculation Examination of any
such University, or any examination recognised in accordance with the
provisions of this section as equivalent thereto, and possess such furthei
qualifications as may be prescribed by the Ordinances, may be deemed
eligible for admission to the University. Any such qualifications may
be tested by examinations.
♦
Examina- 29. (1) Subject to the provisions of this Act and of the Statut^q.
all arrangements for the conduct of examinations shall be made by the
Academic Council in such manner as may be prescribed by this Act
and the Ordinances.
(2) If, during the course of an examination, any examiner is
for any cause incapable of acting as such, the Vice-Chancellor shall
appoint an examiner to fill the vacancy and shall report the appoint
ment to the Executive Council.
(3) At least one examiner, who is not a teacher or other person
in the service of the University or a College, shall be appointed for
each subject included in a Department of teaching and forming part of
the Course which is required for a University degree.
(4) The Academic Council shall appoint Examination Com
mittees consisting of members of its own body or of other persons or
of both, as it thinks fit, to moderate examination questions, to moderate
and prepare the results of the examinations and to report such results
to the Executive Council through the Academic Council for publi
cation.
Annual
Report.
Annual
Accounts.
Removal
of names of
Registered
Graduates.
30. The annual report of the University shall be prepared under
the dii ection of the Executive Council and shall be submitted to the
Court on or before such date as may be prescribed by the Statutes and
shall be considered by the Court at its annual meeting. The Court
may pass resolutions thereon and communicate the same to the Exe
cutive Council.
31. (1) The annual accounts and balance-sheet of the Uni
versity shall be prepared under the direction of the Executive
Council and shall be submitted to the Chancellor for the purpose
of audit.
(2) The accounts when audited shall be published by the
Executive Council in the Assam Gazette, and copies thereof shall,
together with copies of the audit report, if any, be submitted to the
Court and to the Chancellor. The Executive Council shall also
submit to the Court, on or before such date as may be prescribed by
the Statutes, a statement of the firiancial estimates for the ensuing
year.
(3) The annual accounts and the financial estimates shall be
considered by the Court at its annual meeting, and the Court may
pass resolutions thereon and communicate the same to the Executive
Council.
32. The Chancellor shall, with the concurrence of not less
than two-thirds of the members of the Court, have power to
remove the name of any person from the register of registered gra-
d j l A - ■
33. If any question arises whether any person has been duly
elected or appointed as, or is entitled to be, a member ol any autho
rity or other Body of the University, the matter shall be referred to
the Chancellor whose decision thereon shall be final.
Disputes as
to Consti
tution of
University,
Authorities
and Bodies.
34. No act or proceeding of any Authority or other Body of
the University shall be invalidated merely by reason of the existence
of a vacancy or vacancies among its members.
Proceed
ings not
invalidated
by vacancies.
tribunal of 35. Any dispute arising out of a contract between the University arid
^Aroitranon. a n y officer or teacher of the University shall, on the request of the
officer or teacher concerned, be referred to a Tribunal of Arbitration
consisting of one member appointed by the Executive Council, one
member nominated by the officer or teacher concerned, and an
umpire appointed by the Chancellor. The decision of the Tribunal
shall be final and no suit shall lie in any civil court in respect of the
matters decided by the Tribunal. Every such request shall be deemed
to be a submission to arbitration upon the terms of this section, within
the meaning of the Indian Arbitration Act, 1940, and all the pro- A ct
visions of that Act, with the exception of section 2 thereof, shall apply x of
accordingly. 1940.
Pension and 36. (1) The University shall constitute, for the benefit of its
FunddC nt officers, teachers, clerical staff and servants, in such manner and
subject to such conditions as may be prescribed by the Statutes, such
pensions, insurance and provident funds as it may deem fit.
(2) Where such a Provident F und has been so constituted, the
Government may, notwithstanding anything contained in the Provi- A
dent Funds Act, 1925, by notification in the official Gazette, declare that x ix
the provisions of the Contributory Provident Fund Rules (Assam), t> f
1936, shall apply to such provident fund of the University, as if it I 9 25-
were a Government Provident Fund.
Annual Con- 37, The Government shall, for the purposes of this Act, contrmute
from'^Gov a n n u a ’ly t o University a sum of not less than five lakhs of rupees
ernment. to meet the recurring charges of the University. All contributions made
under this section shall be charged to the revenues of the Province.
Removal of 38. jf a n y difficulty arises with respect to the establishment of the
difficulties. u n iv e r sity Or in connection with the first meeting of any authority of
the University or in connection with the holding of the first examina
tions of the University and publishing results thereof or otherwise in
first giving effect to the provisions of this Act, the Provincial
Government may, at any time before all the authorities of the Univer
sity have been constituted, by order make any appointment or do
anything, consistent so far as may be with the provisions of this Act
and the Statutes, which appears to it necessary or expedient for the
purpose of removing the difficulty, and every such order shall have
effect as if such appointment or action had been made or taken in the
manner provided in this Act.
Jcj.-U tU THE SCHEDULE
*-1^. The Statutes o f th e U niversity.
X > ’ ■
[See Section 22(1)]
Definitions. 1. In these Statutes, unless there is anything repugnant in the
subject or context,
(a) “ the Act” means the Gauhati University Act, 1947 and
“section” , “ sub-section” and “ clause” mean, respectively, a section,
sub-section and clause of the Act ; and
(b) “ officers”, “authorities” , “ Professors” , “ Readers” , “ Lecturers” ,
“ Clerical staff”, and “ Servants” mean, respectively, officers, authori
ties, Professors, Readers, Lecturers, Clerical staff and servants of
the University.
v -
14
C onstitution
of the C ourt.
Section
9 (l)(x ).
ft) the
(it) the
(tit) the
(«■ »)the
(f) the
(vi) the
(vii) the
members of the
own body shall
members of the
members of the
these behalf by
members of the
numbers shall be
14
2. (I) In addition to the persons mentioned in sub-section
(1) of section 9, the following persons shall be ex-ojjicio members of the' r r
Court, namely :—
Inspector General of Civil Hospitals ;
Director of Agriculture ;
Conservator of Forests ;
Chief Engineer ;
Director of Industries ;
Director of Public Health ; and
Wardens.
Section 9(2). (2) The number of graduates to be elected as
Court by the registered graduates from among their
be seven.
(3) The number of teachers to be elected as
Court by the teachers other than Professors and Readers shall be
three.
(4) The number of persons to be elected as
Court by associations or other bodies approved in
the Chancellor shall not exceed four.
(5) The number of persons to be elected by the
Assam Legislative Assembly from among their own
five.
(6) The number of persons to be appointed by the Chancellor
shall not be more than nine, and the purpose of the appointment
shall be to secure the representation of interests not otherwise in his
opinion adequately represented and to secure the advice of distingui
shed educationists of other provinces.
(7) Save as otherwise provided, members of the Court other than
ex-officio members shall hold office for a period of three years :
Provided, however, that a member nominated or elected in his
Capacity as a member of a particular body or as the holder of a
particular appointment shall hold office so long only within the
said period as he continues to be a member of that body or the holder
of that appointment, as the case may be.
3. (1) The members of the Academic Council, in addition to
Vice-Chancellor shall be :
Class I— Ex-officio Members—
(t) the Deans of the Faculties ;
(it) the Principals
(tit) the Professors and Readers ; and
(it» ) the Librarian of the University.
Class I I — Other Members-—
(v) persons, if any, not exceeding three in number and not being
teachers of the University, appointed by the Chancellor on
account of their possessing expert knowledge in such
subjects of study as may be selected by the ex-officio
members of the Academic Council ;
(vi) one person appointed by the Chancellor who is capable of
advising the Academic Council on subjects connected
with Islamic learning and culture; and
(flit) two persons elected by the Court.
*
>
is
Academic
C ouncil.
Section 14.
the
t i
15
(2) The Academic Council as constituted under sub-paragraph (1)
shall co-opt as members teachers of the University not exceeding
one-tenth of its numbers as so constituted.
(3) Members other than ex-officio members shall hold office for a
period of three years :
Provided that Teachers of the University co-opted as such shall
hold office so long within the said period as they continue to be
Teachers of the University.
Powers of
the Acade
mic Coun
cil.
Section 14.
4. The Academic Council shall have the following powers,
namely : • — -
(«) to make proposals to the Executive Council for the institution
of Professorships, Readerships, Lecturerships or other
teaching posts, and in regard to the duties and emoluments
thereof ;
■ '/ > ) to make Regulations for, and to award in accordance with
such Regulations, Fellowships, Scholarships, Exhibitions,
medals and other rewards ;
(c) to recommend examiners for appointments after report from
the Faculties concerned ; ,
(d) to control the University Library,to frame Regulations regard
ing its use, and to appoint a Library Committee under the
general control of the Academic Council to manage the
affairs of the Library ;
(e) to assign subjects to the Faculties ;
.(f) to assign teachers to the Faculties ;
(g) to promote research within the University, including the
establishment of a research Council and to require reports
on such research from the persons employed thereon ;
(/?) to provide for the inspection of Colleges and Halls in respect
of the instruction and discipline therein, and to submit
reports thereon to the Executive Council ; and
(i) to organise the teaching of the University and to control the
work of teachers and Colleges.
The Facul
ties.
Section
15(3).
5. (1) Each Faculty shall consist o f:
(?) the Heads of the Departments comprised in the Faculty ;
(ii) such teachers of subjects assigned to the Faculty as m aybe
appointed to the Faculty by the Academic Council ;
(? ??) such teachers of subjects not assigned to the Faculty, but
having, in the opinion of the Academic Council, an
important bearing on those subjects, as may be appointed
to the Faculty by the Academic Council ; and
(w) such other persons as may be appointed to the Faculty
by the Academic Council on account of their possessing expert
knowledge in a subject or subjects assigned to the Faculty.
(2) The total number of members of each Faculty shall not exceed,
in the case of the Faculties of Arts and Science, eighteen, and, in the
case of any other Faculty, twelve, except with the sanction of the
Chancellor given on the request of the Academic Council.
16
Powers of
the Facul
ties.
Section
15(3).
• The Dean.
Section
15(6).
-y)
(*)
Board of Co
ordination.
Section
17(«).
6. Subject to the provisions of the Act each Faculty shall have the
following powers, namely :—
(a) to constitute Committees of Courses and Studies ;
to recommend to the Academic Council the Courses of Studies
for the different examinations, after consulting the Commit
tees of Courses and Studies ;
to recommend to the Academic Council, after consulting the
Committees of Courses and Studies, the names of examiners
in subjects assigned to the Faculty ;
to recommend to the Academic Council the conditions for
the award of Degrees, Diplomas and other distinctions ;
subject to the control of the Academic Council, to organise
research in the subjects assigned to the Faculty ; and
(y ) to deal with any matter referred to it by the Academic
Council.
7. There shall be a Board of Co-ordination composed of the
Vice-Chancellor, who shall be the Chairman thereof, the Deans of Fa
culties and the Registrar, to co-ordinate the teaching of the University,
and in particular to co-ordinate the work and time-tables of the various
faculties, and to assign lecture-rooms, laboratories and other rooms to
the Faculties.
8. The Dean of each Faculty shall—
(a) hold office for three years ;
(/> ) be the executive officer of the Faculty and shall preside at
its meetings;
(c) issue the lecture lists of the University in the
comprised in the Faculty, and be responsible
duct of teaching therein ; and
(d) have the right to be present and to speak at
.-V
A
,C
4 *
Departments
for the con-
< 1
The
Wardens.
Section
27(2).
Attach
ment
Colleges
and Halls,
any meeting
of any Committee of the Faculty, but not to vote unless he
is a member of the Committee.
9. The appointment of a Warden shall, in the case of a Hall
maintained by the University, be made by the Executive Council,
and in other cases, be subject to the approval of the Executive Council.
10. Every student not residing in a College or Hall shall be
attached to a College or Hall for tutorial help and disciplinary super
vision and for such other purposes as may be prescribed by the
Ordinances:
Provided that special exemption from the provisions of this
Statute may be given to women students under conditions to be pres
cribed by the Ordinances.
11. The Court may, on the recommendation of the Executive
Council, by a resolution passed with the concurrence of not less
than two-thirds of the members voting, withdraw any degree or
diploma conferred by the University.
of
Withdra
wal of
degrees
and Dip
lomas.
Section 11.
Honorary
degrees.
12. (1) All proposals for the conferment of honorary degrees
shall be made by the Academic Council to the Executive Council, and
Section 5(c). shall require the assent of the Court before submission to the
Chancellor for confirmation :
Provided that, in cases of urgency, the Chancellor may act on
the recommendation of the Executive Council only.
(2) Any honorary degree conferred by the University may, with
the previous approval of two-thirds of the members present at any
meeting of the Court and the sanction of the Chancellor, be with
drawn by the Executive Council.
17
Registered 13. All graduates of any University of three years’ standing
uates. a n c j UpWards shall, on payment of such fees as may be prescribed by the
Statutes, be entitled to have their names enrolled in the Register of
Registered Graduates.
Section 7(x) 14. There shall be the following officers, namely :—
, ’ (z) two proctors to assist the Vice-Chancellor in the mainte
nance of discipline in the University, and
• ___ > —— ( z ’ z) a Librarian for the University Library.
Committee 15. (1) No person shall be appointExcerpt shown. Open the full act in Lexace.