The Srimanta Sankaradeva University of Health Science Act, 2007
Assam · state statute
Open in Lexace · Ask the AI about this actK iM -'iMr/fet 1515151 Registered No. - 768/97 THE ASSAM GAZETTE vsprrW r^T EXTRAO RDINARY €fM 4 *4 ^ 'ahi PUBLISHED BY AUTHORITY 180 WFTR, 5 ^T, 2007, 16 0S&, 1929 (’ W ) No. 180 Dispur, Tuesday, 5th June, 2007, 16th Jyaistha, 1929(S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT ::: LEGISLATIVE BRANCH NOTIFICATON The 4th June, 2007 No. LGL.17/2007/63.—The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. ASSAM ACT NO. XIII OF 2007 (Received the assent of Governor on 30th May, 2007) THE SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCE ACT, 2007 AN ACT 1142 Short title, extent and commencement Definitions THE ASSAM GAZETTE, EXTRAORDINARY. JUNE 5, 2007 to establish and incorporate a health university in the State o f Assam, to be known as the Srimanta Sankaradeva University o f Health Sciences, and to provide fo r matters connected therewith or incidental thereto. WHEREAS it is expedient, in the public interest, to establish and incorporate a University in the State o f Assam, to be known as the Srimanta Sankaradeva University o f Health Sciences, for the purposes o f affiliating, teaching and ensuring proper and systematic instruction, training and research in. Modem System o f Medicine, Homoeopathic System o f Medicine, Ayurvedic System o f Medicine, Unani System o f Medicine, Nursing Education. Pharmacy Education, Dental Education, Education on Laboratory Technology, Physiotherapy, Speech Therapy and Education on other paramedical courses: AND WHEREAS it is considered desirable to establish a specialised autonomous institution with the objects o f promoting academic freedom and scholarship for the teachers as well as for the students and to foster and develop an intellectual climate conducive to the pursuit o f scholarship and excellence, either independently or jointly with other centres o f excellence or higher learning; It is hereby enacted in the Fifty-eighth Year o f the Republic o f India, as follows:- 1. (1) This Act may be called the Srimanta Sankaradeva University o f Health Sciences Act, 2007. (2) It extends to the whole o f Assam (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires, - (a) “ Academic Council” means the Academic Council o f the University; (b) “ academic course" means the course o f study in any discipline o f Health Sciences according to the Syllabus and Curriculum laid down by the University; (c) “ affiliated college” means a college affiliated to the University providing academic courses prescribed for University examinations; (d) “ appointed day” means the date appointed under sub-section (3) o f section 1; (e) “ approved institution” means any institution or hospital or college recognized by the University as an institution in which a nerson may undergo such training, required by a course o f study before the award o f any degree or other qualification, as laid down by the University; (f) “ authorities” means the authorities o f the University as specified by or under this Act; (g) “ autonomy” means a privilege o f the University conferred by Statutes permitting a college, institution or a University Department to conduct academic programmes and examinations, to develop syllabi for the respective subjects and THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5, 2007 issue certificates o f passing the examinations, etc. A college, institution or a University Department which has been granted autonomy shall have full academic, administrative and financial autonomy, subject to the provisions o f this Act and Statutes; (h) “ autonomous college” , “ autonomous institution” or “ autonomous Department” means a college, institution or Department to which autonomy is granted and is designated to be so by Statutes; (i) “ Chancellor” means the Chancellor o f the University; (j) “ college” means a college imparting education in Health Sciences conducted by, or affiliated to, the University situated in the State o f Assam; (k) “ Conducted College” means a college maintained and managed by the University; (l) “ Convocation” means a meeting for the purpose o f conferring degrees, titles, diplomas, certificates or other academic distinctions; (m) “ Council” means a professional council pertaining to any discipline o f Health Sciences constituted under any State Act or Central Act; (n) “ Dean” means the Dean o f any faculty o f the University; (o) “ Department” means a unit set up for the purpose.of imparting instruction for the courses o f study in Health Sciences or in any discipline allied thereto; (p) “ Field Unit” means a unit established outside the University for validating the discriminations in the benefits o f new techniques, skills and practices developed by die University; (q) “ Government” means the Government o f Assam; (r) “ Health Sciences” means the Modem System o f Medicine, Homoeopathic System ofMedicine, Ayurvedic System o f Medicine. Unani System o f Medicine, Nursing Education, Pharmacy Education, Dental Education, on' Laboratory Technology, Physiotherapy. Speech Therapy in all their branches concerning preventive, promotive, curative and rehabilitative Services; (s) “ Modem System o f Medicine” means al! branches o f modern medicine dealing with pre-clinical, clinical, para-medical and para-dental disciplines at diploma and degree level or above and such other disciplines as may be prescribed; (t) “ prescribed” means prescribed by Statutes, Ordinances, Rules or Regulations made under this Act: (u) . “ Principal” means the head o f an affiliated college or a conducted college or a university college; ' (v) “ Registrar” means the Registrar o f the University; (w) “ Statutes” , “ Ordinances” , “ Rules" and "Regulations” mean, respectively, the Statutes, Ordinances, Rules and Regulations o f the University made under this Act; 1143 1144 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5. 2007 Establishment o f the University Mission o f the University (x) “Teacher” means a Principal. Professor. Associate Professor, Assistant Professor or such other person as may be designated by the Statutes for imparting instruction and education in full time basis in the University or an affiliated college; (y) “University” means the Srimanta Sankaradeva University of Health Sciences as established under this Act; (z) “University Campus’" means the area comprised within the local limits of the headquarters of the University or such other colleges and institutions, as may from time to time be declared as such by notification, by the Government in the Official Gazette; ' , ■ . . ’ > (z.a) “University college” means a college, or an institute, or a college combined with an institute, maintained and managed by the University whether established by it or not; (z.b) “University institution” means a centre, a school, or institute established and maintained by the University. 3. (1) With effect from the coming into force of this Act there shall be established a University by the name of .“The Srimanta Sankaradeva University of Health Sciences” having jurisdiction in the State of Assam, (2) The University shall be a body corporate by the name specified in sub-section (1) and shall have perpetual succession and a common seal. It shall have the power to hold, acquire, sale, lease, transfer or dispose of property, both movable and immovable, which may vest in or be acquired by it for the purposes of the University: Provided that no such lease, sale or transfer of such property shall be made without the valuation made thereof by the approved valuer appointed by the University and without the prior approval of the Government. (3) The headquarter of the University shall be at Guwahati or at any such place as may be notified by the Government in this behalf. (4) The University shall be a teaching and an affiliating University. p (5) In all suits and other legal proceedings, by or against the University, the pleadings shall be signed and verified by the Registrar, or any other person authorized in this behalf, and all processes in suits and proceedings shall be issued to, and served on, the Registrar. 4. The Mission of the University shall be to create, uphold and develop an intellectual, philosophical, academic and physical environment which shall be conducive to free flow of ideas and exchange of information amongst various Faculties of the University, and to develop collaborative as well as autonomous institutions or research and higher learning, between this University and other Universities of Health Sciences, and other centres of excellence in the country and abroad, thereby opening a window to the world for the . health professionals, health planners, health managers, health policy makers, bio-medical and social scientists, educators and academicians in Health Sciences of the country. THE ASSAM GAZETTE. EXTRAORDINARY, JUNE 5, 2007 1145 Objects o f the University 5. The objects o f the University shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension and service and by effective demonstration and influence o f its corporate life on society. The objects, in general and in particular, shall be- (a) to establish uniformity in standards o f education in all Faculties o f Health Sciences including Modem System o f Medicine, dentistry, nursing, pharmacy, various paramedical and paradental disciplines such as medical laboratory technology, physiotherapy, speech therapy. Ayurvedic, Unani and Homoeopathic Systems o f Medicine, with a view to augmenting and enhancing the quality o f such education and consistently aiming at modernizing, improving and achieving the highest standards o f academic excellence at all levels on mutual understanding o f all the systems o f Health Sciences; (b) to promote and carry out research in various disciplines o f Health Sciences with special emphasis on scientific, social and economic relevance o f such research, and with a view to attaching special significance on occupational, psychosomatic and environmental health issues affecting the people; (c) to establish and develop study centres integrating all disciplines related with and relevant to. Health Sciences specially those which are not presently included in the syllabi and curricula o f undergraduate and post-graduate medical courses. These shall include population sciences, health systems research, health services research, operational research, health systems and health services management, health structure reforms, human resource development, educational technology', bioinformatics and telematics, medical transcription, epidemiological research technology, continuing education in Health Sciences, and any other branch o f science as may be deemed expedient to be included; (d) to promote discipline and the spirit o f intellectual inquiry and to dedicate itself as a fearless academic community to the sustained pursuit o f excellence; (e) to encourage individuality and diversity within a climate o f tolerance and mutual understanding; (f) to extend the benefits o f knowledge and skills for development o f individuals and society by associating the University closely with local and regional problems o f development; (g) to provide for efficient and responsive administration, scientific management and develop organisation o f teaching and research either within the University or as separate autonomous institutions with independent management jointly set up under a ' Memorandum o f Understanding- with centres' o f excellence in higher learning established under the law; (h) to strive to promote competitive merit and excellence as the sole guiding criterion in all academic and other matters relating to students; (i) to foster, develop and enhance computer literacy amongst health professionals, faculty and students; 1146 Powers and functions o f the University THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5, 2007-------------. (J) to promote freedom, secularism, egality, fraternity and social justice as enshrined in the Constitution o f India and to spearhead socio-economic transformation by inculcating and fostering basic attitudes and values of essence to national development and integration and to develop a dedicated profession in social responsibility, r! (k) to promote equitable distribution o f facilities of education in Health Sciences; and (l) to attain the highest standards of academic excellence by providing the physical infrastructure and creating an eclectic intellectual environment conducive to free flow of knowledge, ideas and meaningful exchange o f information. 6. The powers and functions of the University shall be- (i) to designate any institution or college or educational center as a conducted college or an affiliated college or a University college; (ii) to make provisions to enable conducted and affiliated and University colleges and recognized institutions to undertake specialized studies; (iii) to establish, maintain, upgrade and manage University departments, laboratories, libraries, museums and equipments for teaching and research; (iv) to establish, maintain and manage departments and institutions of research, specialized studies or academic services unit; (v) to organize, maintain and manage colleges, institutions, hostels, auditoria and gymnasia on its own; (vi) to provide for establishment of campuses for serving a group of affiliated colleges and also to provide for and maintain common resources center in such campuses in the form of libraries, laboratories, computer centers and similar centers of learning: Provided that in case of any non-govemment organizations availing themselves of such facility o f the University or such organizations providing such facility to the University, prior approval of the Government shall be obtained by the University; (vii) to formulate and implement syllabi and curricula for various academic courses of the University; (viii) to conduct and regulate the admission of students and conduct of entrance examinations o f all academic courses of studies, instituted by the University in a manner as may be prescribed and in conformity with the stipulations framed by the respective Councils; (ix) to standardize methods of evaluation and assessment and to hold examinations for awarding various diplomas, degrees and certificates as per regulations; (x) to institute and award diplomas, degrees, certificates and other academic distinctions subject to the regulations of the different councils concerned; 1147THE ASSAM GAZETTE. EXTRAORDINARY, JUNE 5„ 2007 7 (xi) to confer honorary degrees and other academic distinctions on such terms and conditions as may be prescribed; (xii) to prescribe conditions under which the award o f any diploma, degree, certificate, titles and other academic distinctions may be withheld or be withdrawn; (xiii) to prescribe the conditions for affiliation or recognition o f colleges or educational centers or institutions and to lay down conditions under which such affiliation or recognition may be withdrawn or suspended; (xiv) to make provision, wherever feasible in the University departments, affiliated colleges, institutions, recognised institutions and schools, for survey and collection o f statistics, data and other particulars relevant to various developmental activities including State and National plans evaluation o f the developmental schemes with the participation o f the students as a part o f their curricular activities; (xv) to designate a University department, conducted college, an affiliated college, institution, or school as an autonomous University department, University college, conducted college, affiliated college or institution or school, as the case may be, in conformity with the guidelines, if any, laid down by the University Grants Commission, (xvi) to monitor and evaluate the academic performance o f affiliated colleges and recognised institutions for affiliation and periodical accreditation; (xvii) to inspect, where necessary affiliated colleges and recognised institutions through suitable machinery established for the purpose, and take measures to ensure that proper standards o f instruction, teaching and training are maintained by them, and adequate library, laboratory, hospital, workshop, equipments and gadgets and other academic facilities are provided for; (xviii) to co-ordinate and regulate teaching and research in the affiliated colleges and recognised institutions; (xix) to provide for periodical assessment o f the performance o f teachers and non teaching employees o f the colleges, institutions and University in accordance with the provisions o f Statutes; xx) to provide for the Code o f Conduct for managements; (xxi) to establish, maintain and manage, whenever necessary (a) a printing and publication department; (b) university extension boards; (c) information bureaus; (d) employment guidance bureaus; 1148 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5, .2007----------- 8 (e) museum of Health Sciences; and (f) such other activities as may be necessary' and possible to fulfil the objects of the University; (xxii) to explore the possibilities of augmenting the resources of the University by exploring or innovating activities such as research and development, consultancy, training programmes and providing services for different clients from industry, trade or any other non government organisations; (xxiii) to recommend to the Government to take over, in the public interest, the management of an affiliated college, institution or autonomous college in case where irregularities or commissions or omissions of criminal nature by the management of such college, or institution are prime facie evident to the committee o f enquiry appointed by the University; (xxiv) to undertake development programmes in Health Sciences, research, consultancy based projects and training programmes for outside agencies, by charging fees so as to generate resources;.. (xxv) to provide for the conditions to govern and regulate the conduct and behaviour of students under the University during their tenure of studentship: Provided that the University shall have the liberty to suspend or terminate the studentship o f any such student on the event of non-compliance of such regulations in any manner as may be made under this Act; (xxvi) to create, suspend or abolish posts of Director, Principal, Professor, Associate Professor, Assistant Professor and other teaching posts in the University or lay down qualifications and pay-scales for such posts and make suitable appointments thereto with the prior approval of the State Government; (xxvii) to appoint persons working in any other university or organizations as teachers of the University for a specified period; (xxviii) to create non-teaching skilled, administrative, secretarial and other posts and prescribe the qualifications and pay-scales for such posts and make suitable appointments thereto with the prior approval of the State Government; (xxix) to facilitate mobility o f teachers within the University; (xxx) to co-operate with any other university, authority, institution, professional academies, or associations or any other public or private bodies within or outside India for the purposes and objects similar to those of the University on such terms and conditions as may be prescribed; Jurisdiction and admission to privileges THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5. 2007 1149 9 (xxxi) to jointly set up centres o f excellence autonomous in nature in one or more areas o f specialisation: - Provided that prior approval o f the Government shall have to be obtained by the University for setting up o f such centres o f excellence: (xxxii) to manage, control, upgrade or develop any movable or immovable property owned by the University or transferred to it on the appointed day or subsequent thereto subject to the provisions of, and for the purposes o f this Act; (xxxiii) to accept, hold and manage any endowments or donation o f funds, which may be vested in the University by way o f grant, testamentary disposition or otherwise, and to invest such endowments, donations or funds in any manner as the University may deem fit: Provided that no donation from a foreign foundation or individual shall be accepted by the University without prior approval o f the Government; (xxxiv) to borrow money, with, or without any security, for such purpose as may be approved by the Government, from the Central or any State Government, University Grants Commission, Banks, or other incorporated bodies, subject to the provisions o f this Act; (xxxv) to fix fees, and demand and collect such fees, as may be prescribed; (xxxvi) to make, from time to time, such regulations as may be considered necessary for regulating the affairs and management o f the University and to alter, modify or rescind such regulations; (xxxvii) to promote and conduct research in disciplines o f Health Sciences and to undertake publication o f works on merit; (xxxviii) to accredit and classify all the affiliated institutions and conducted colleges under its jurisdiction subject to the provisions o f section 7 o f this Act; and (xxxix) to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement o f the objects o f the University; (xl) to do all such other activities. Government may assign to the University from time to time. 7. (1) No institution or college or educational center in the State o f Assam imparting education in Health Sciences, shall save with the consent o f the University and the sanction o f the Government, shall be associated with, or seek admission to, any privileges o f any other University in this State or in this country or abroad. 1150 THE ASSAM GAZETTE, EXTRAORDINARY, . JUNE 5, 2007 1 0 University open to ail irrespective o f sex, creed, class, caste, place o f birth, religion or opinion. Transfer o f Government Colleges to the University. (2) Any privilege, enjoyed from any other university before the appointed day by any Medical College or institution of Health Sciences situated in this State, shall be deemed to be withdrawn with effect from such date as may be notified by the Government. (3) All colleges, institutions and educational centers of Health Sciences in the State of Assam previously admitted to the privileges of. or affiliated to the Gauhati University, Dibrugarh University, Assam University or any other Government recognized university. Council or affiliating body, with effect from the date as may be notified under sub-section (2). shall be deemed to be admitted to the privileges of or affiliated to, the University. 8. (1) No citizen of India shall be excluded from any office o f the University or from membership of any of its authorities, bodies or committees, or from appointment to any post on the ground of sex, race, creed, class, caste, place of birth, religious belief, or profession, or political or other opinion: Provided that the University may maintain, accredit or recognize any college or institution exclusively reserved for women. (2) The University shall adopt Government policy and orders or directions, issued from time to time for the purpose of admission of students and in regard to the reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes for appointment to different posts o f teachers and non-teaching officers and employees in the affiliated or conducted colleges, University departments, University institutions or recognized institutions. (3) The University shall adopt the general policy of Government in regard to the welfare of various categories of weaker sections of the society and minorities as may be directed by the Government. 9. ( I) The Government may. at any time, by notification in the Official Gazette, transfer any Government college of Health Sciences to the University and from the date of such transfer the said college shall be a University College. (2) When any Government college is transferred to the University under sub-section (1) with effect from the date on which such transfer takes place, the following conditions shall ensure:— (i) all the assets including the properties and liabilities pertaining to the said college shall stand transferred to, and vest in, the University; (ii) any member of the teaching staff or other employees, of the said college who immediately before the date or such transfer were serving in, or were attached to, that college, shall stand transferred to the appropriate cadre or category of posts in the University on the same terms and conditions of service as were THE ASSAM GAZETTE, EXTRAORDINARY JUNE 5. 2007 1151 Teaching of the University Chancellor of the University I I applicable to them before such transfer and unless and until such terms and conditions are altered with the consent ofsuch persons: Provided that no such member of the teaching staff or other employee of the said college shall be transferred unless he has given his consent in this behalf: Provided further that if any such teacher or other employee does not give his consent for such transfer he shall, notwithstanding anything contained in this Act or in any other law for the time being in force, be retired from sendee and this shall be treated as voluntary' retirement front service. He shall not be entitled to any damages or compensation in respect of such retirement, but shall be entitled to all benefits of retirement for the period of service rendered by him till the date of such voluntary retirement. 10. (1) All recognized teachings in connection with the diplomas, degrees and certificate of the University shall be conducted under the control of the General Council, by the teachers of the institutions or colleges or educational centers affiliated to the University in accordance with the syllabi prescribed by regulations. (2) The courses and curricula of, and the authorities responsible for organizing such teaching shall be such as may be prescribed by regulations. 11. (1) The Chief Minister of the State of Assam shall, by virtue of his office, be the Chancellor of the University: “provided that during the Proclamation of Emergency and imposition of President’s Rule in the State under Articles 352. and 356 respectively of the Constitution of India, the Governor shall be the Chancellor of the University”. (2) The Chancellor, when present, shall preside over tine convocation of the University and may issue directions to the Vice-Chancellor to convene the meeting of any authority of the University for specific purposes, whenever necessary, and the Vice-Chancellor shall submit the minutes of such meeting to the Chancellor for the Chancellor’s perusal. (3) The Chancellor may call for such information and record relating to any affairs of the University and thereupon issue such directions as the Chancellor may deem fit in the interest of the University and the authorities and officers of the University shall comply with such directions. (4) The Chancellor may, after taking report in writing from the Vice-Chancellor, suspend or modify any resolution, order or proceedings o f any authority, body, Committee of officers, which in the opinion of the Chancellor, is not in conformity with this Act, or the Statutes, Ordinances, Rules, Regulations made thereunder, or is not in the interest of the University and the University authority, body, committee and officer shall comply with the same. 1152________THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5, 2007--------------. . 12 (5) Where, in the opinion o f the Chancellor, the conduct o f any elected or nominated or appointed or co-opted member is detrimental to the smooth functioning o f the University or any authority or body or committee, the Chancellor may, after giving such member an opportunity to offer explanation in writing and after considering such explanation^ i f any he is satisfied that it is necessary so to do, suspend or disqualify such member, for such period, as may deem fit. (6) The Chancellor shall have the right to cause an inspection, to be made by such person or persons as he may direct, o f the University, and also the examinations, teaching and other work conducted or done by the University, and to cause an inquiry to be made in the like manner in respect o f any matter connected with the administration and finances o f the University. (7) The Chancellor shall, in every case, give notice to the University o f his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. (8) The Chancellor may' address die Vice-Chancellor with reference to the result o f such inspection or inquiry, and the Vice-Chancellor shall communicate to the General Council the views o f the Chancellor along with such advice as the Chancellor may offer on the action to be taken thereon. (9) The General Council shall communicate to the Chancellor through the Vice- Chancellor such action, i f any, as it proposes to take, or as has been taken, on the result o f such inspection or inquiry, within a time lim it so fixed. (10) Notwithstanding anything contained in the foregoing sub-sections, i f at any time tire Chancellor is o f the opinion that in any matter the affairs o f the University are not managed in furtherance o f the objects o f the University or in accordance with the provisions o f this Act, and the Statutes and Regulations or that special measures are desirable to maintain the standards o f University teaching, examinations, research, administration or finances, the Chancellor may refer to the Executive Council through the Vice-Chancellor any matter in regard to which he desires an explanation and call upon the Executive Council to offer such explanation within such time as may be specified by him. I f the Executive Council fails to offer any explanation within the time specified or offers an explanation which in the opinion o f the Chancellor, is not satisfactory, the Chancellor may issue such directions as appear to him to be necessary, and the Executive Council and any other authority concerned shall comply with such directions. (11) The General Council shall furnish such information relating to the administration and finance o f the University as the Chancellor may, from time to time, require. (12) The Chancellor shall exercise such other powers, and perform such other duties, as may be conferred upon, or vested in, the Chancellor by or under this Act. THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5,. .2007 1153 Authorities o f the University. The General Council The Executive Council The Academic Council Officers o f the University Regulations 1 3. 12. The following shall be the authorities of the University:—- (1) the General Council; (2) the Executive Council: (3) the Academic Council; (4) the Finance Committee; (5) the Planning Board: (6) the Board of Studies; and (7) such other authorities as may be declared by the Statutes to be the authorities of the University. 13. The General Council shall be the supreme authority of the University. 14. (1) The Executive Council shall be the principal executive body of the University. (2) The administration, management and control of the University and the income thereof shall vest in the Executive Council which shall control and administer the property and funds of the University. 15. Subject to the provisions of this Act and the regulations, the Academic Council shall be the principal academic body of the University, and. shall have the power of control and regulation in. general of. and shall be responsible for, the maintenance of standards of instruction, education and examination of the University, and shall also exercise such other powers, and shall perform such other duties, as may be conferred or imposed upon it by this Act or the regulations. It shall also have the right to advise the Executive Council on the academic matters. 16. The following shall be the officers o f the University:- (a) the Vice-Chancellor; (b) the Deans of Faculties; (c) the Registrar; (d) the Controller of Examinations; (e) the Finance Officer; and (f) such other officers as may be made by regulations. ■ 17. (1) Subject to the provisions of this Act, the Executive Council shall have, in addition to all other powers vested in it, the power to make regulations with the prior approval of the Government to provide for the administration and management of the affairs of the University: Provided that the Executive Council shall, with prior concurrence of the Academic Council, make, amend or repeal any regulation affecting all or any of the following matters: 1154 THE ASSAM GAZETTE, EXTRAORDINARY. JUNE 5. 2007 (4 (i) the constitution, powers and duties of the Academic Council; (ii) the authorities responsible for organizing teaching in connection with the University courses and related academic programmes: (iii) awarding, suspending, withholding or withdrawal of diplomas, degrees, certificates or academic distinctions; (iv) establishment, abolition and amalgamation of Faculties, Departments and institutions; (v) prescribing the requirements of infrastructure and superstructure and other essential prerequisites for running any course in any .institution or any group of institutions in adherence with the regulations made by the respective Councils; (vi) the conferment of medals, prizes, scholarships, studentships and any other distinctions; (vii) conduct standard of examinations and conditions and modes of appointment of examiners in any course of study; (viii) modalities of enrolment, admission and regulating the conduct of students; (ix) status of recognition of examinations. (2) The Academic Council shall have the power to propose the regulations on all or any of the matters specified in clauses (i) to (ix) of sub-section (1) and matters incidental or related thereto. (3) Where the Executive Council has amended or rejected any regulation proposed by the Academic Council, the Academic Council may appeal to the Chancellor, and the Chancellor may. by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval or modification or rejection, or that pending such approval or modification or rejection of the General Council, such regulation shall have effect from such date as may be specified in the order: Provided that if the regulation is modified, or not approved, by the General Council at such meeting, it shall respectively be effected as modified, or cease to have effect, accordingly. (4) All regulations made by the Executive Council shall be submitted, as soon as may be, for approval, to the Chancellor and to the General Council at its next meeting, and the General Council shall, by a resolution passed by a majority o f not less than two-thirds of the members present, have the power to cancel or modify any regulations made by the Executive Council and such regulations shall, from the date of such resolution, cease to have effect, or be effective as modified. A THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5, 2007 1155 Constitution and function o f the General Council 15 18. (1) The General Council shall consist of the following members:- (a) the Chancellor; (b) the Vice-Chancellor; (c) the Secretary. Health and Family Welfare Department, Government of Assam; (d) the Secretary, Higher Education Department. Government of Assam; (e) the Secretary, Finance Department. Government of Assam; (f) six members, one each as nominated, by the State Government, to the Medical Council of India, the Dental Council of India, the Indian Nursing Council, the > Pharmacy Council of India, the Central Council of Indian Medicine, and the Central Council of Homoeopathy; (g) the Director of Health Services, Assam: (h) the Director of Medical Education. Assam; (i) two distinguished Doctors nominated.by the Indian Medical Association. Assam Branch; (j) two distinguished educationists nominated by the Vice-Chancellor; (k) a person nominated by the University Grants Commission from amongst the members of the University Grants Commission; (l) an eminent scholar nominated by the Government of Assam; (m) three numbers elected by the Members of the Assam Legislative Assembly from amongst themselves in the manner as may be prescribed. (2) The Chancellor shall be the Chairman of the General Council and a nominee of the General Council from amongst its members shall be the Chairman of the Finance Committee of the University. (3) The terms of office of the members of the General Council shall be in the following manner- fa) the term of office of the members of the General Council shall, subject to the provisions of clauses (b) and (c) of this sub-section, be three years: Provided that the term of office of the members of the first General Council shall be five years; (b) where a member of the General Council becomes a member by reason of the office or appointment he holds or is a nominated member, his membership shall terminate when he ceases to hold such office or appointment, as the case may be, or his nomination is withdrawn or cancelled; (c) a member of the General Council shall cease to be a member of that Council if he resigns, or becomes of unsound mind, or becomes insol vent, or is convicted 1156 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5, 2007 16 of a criminal offence involving moral turpitude, or if a member, other than the Vice-Chancellor, accepts a full time appointment in the University; and (d) any vacancy in the General Council shall be filled up either by appointment or nomination, as the case may be. of a person by the respective authority entitled to make the same and the person so appointed or nominated shall hold office for so long as the member in whose place he is appointed or nominated could have hold office if such vacancy had not occurred. (4) The powers of the General Council shall be ■ (a) to review from time to time the different policies and programmes of the University and suggest measures for the improvement and development of the University: Provided that the Executive Council shall abide by such suggestions towards implementation o f the same by way o f framing regulations or otherwise, as the case may be; (b) to consider and pass appropriate resolutions on the annual report, financial estimates, audit reports on the accounts of the University; (c) to approve, modify or reject any regulations made by the Executive Council; and (d) to perform such other functions as it may deem necessary for the efficient functioning and administration of the University. (5) Meeting of the General Council shall be held in the following manner:— (a) the General Council shall meet at least twice in a year. An annual meeting of the General Council shall be held on a date to be fixed by the Executive Council, unless some other date has been fixed by the General Council in respect of any year; (b) the Chancellor shall preside over the meetings of the General Council. In his absence, the Vice-chancellor shall preside; (c) a report of the working of the University during the preceding year, together with the statement of receipts and expenditures, the balance sheet as audited, and the financial estimates shall be presented by the Vice-Chancellor to the General Council at its annual meeting: (d) the meetings of the General Council shall be called on by the Chancellor, or in his absence, by the Vice-Chancellor, either on his own or at the request o f not less than ten members of the General Council; 1157 Constitutional function of the Executive Council THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 5, 2007 17 (e) for every meeting of the General Council fifteen days’ notice shall be given; (f) one-third of the members of the General Council shall form the quorum for the meeting; (g) each member of the General Council shall have one vote and if there be equality of votes on any question to be determined by the General Council, the Chancellor or the person presiding over the meeting shall, in addition, have a casting vote; (h) in the case of difference of opinion among the members, the opinion of the majority shall prevail; and (i) if any urgent action by the General Council becomes necessary, the Chancellor may permit the business to be transacted by circulation of papers to the members of the General Council. The action proposed to be taken shall not be taken unless agreed to by a majority of the members of the General Council. The action so taken shall be forthwith intimated to all the members of the General Council and the papers shall be placed at the next meeting of the General Council for ratification. 19. (1) The Executive Council shall consist of the following members: (a) the Vice-Chancellor: (b) the Director of Medical Education, Assam; (c) the Director of Health Services, Assam; (d) a distinguished teacher from the Assam Dental Services, nominated by the Government of Assam; (e) a Principal of any Institute of Pharmacy under the Government of Assam nominated by the Government of Assam: (f) the President of the Assam Medical Council; (g) the Secretary, Department of Health and Family Welfare, Government of Assam or his nominee not below the rank of Deputy Secretary; (h) the Secretary, Department of Finance, Government of Assam, or his nominee not below the rank of Deputy Secretary; (i) two distinguished Professors of the Assam Medical Education Service nominated by the Department of Health and Family Welfare, Government of Assam; (j) two distinguished educationists nominated by the Chancellor of the University; (k) one member elected by the Members of the Assam Legislative Assembly, in the manner as may be prescribed, from amongst such Members of the Assam Legislative Assembly as are Members of the General Council; 1158 THE ASSAM GAZETTE. EXTRAORDINARY, JUNE 5. 2007 18 (l) a Principal o f Medical Colleges to be nominated by the Government (m) a Principal of Colleges other than Medical Colleges to be nominated by the Government (2) The Vice-Chancellor shall be the Chairman of the Executive Council. (3) The term of office of the members of the Executive Council shall be three years subject to the following conditions:— (a) where a person has become a member of the Executive Council by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment; (b) a member of the Executive Council shall cease to be a member if he resigns or becomes of unsound mind or becomes insolvent or is convicted or a criminal offence involving moral turpitude or if a member, other than the Vice-Chancellor accepts a full time appointment in the University; (c) if the membership of a member of the Executive Council is not previously terminated as provided in clauses (a) and (b) of this sub-section, such member shall relinquish his membership on the expiry o f five years from the date on which he becomes member of the Executive Council but shall be eligible for renomination or reappointment, as the case may be; (d) a member o f the Executive Council, other than an ex officio member, may resign his office by a letter addressed to the Chairman of the Executive Council and such resignation shall take effect as soon as it is accepted by the Chairman of the Executive Council; (e) any vacancy in the Executive Council shall be filled up, either by appointment or nomination, as the case may be, by the respective authority entitled to make the same, and, on the expiry of the period of filling the vacancy, such appointment or nomination shall cease to be effective. (4) Subject to the other provision of this Act. the powers and functions of the Executive Council shall be — (a) to appoint the Registrar, the Librarian, the Controller of Examinations, the Finance Officer and the members of the teaching staff, as may be necessary, on the recommendations of the Selection Committee constituted by regulations for the purpose: Provided that no action shall be taken by the Executive Council, except in the cases covered by clause (b) of this sub-section, in regard to the number, qualifications and emoluments of teachers or any other person, otherwise than after consideration of the recommend
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