The Gauhati University (Amendment) Act, 1949

T he 30th A pril 1949.
No.L.206/49/2 .—The following Act of the Assam Legis­
lative Assembly, having been assented to in His Majesty’s 
name by the Governor, is hereby published for general 
information
(Received the assent of the Governor on the 30th  
April, 1949)
ASSAM ACT VI OF 1949
TH E GAUHATI UNIVERSITY (AMENDMENT) ACT, 
1949
Preamble.
Short title 
and com­
mencement.
Amendment 
of section 5  
of Assam 
Act XVI of
1947.
(Passed by  th e  A ssem bly)
[P u b lish e d  in  th e  Assam Gazette, Extraordinary o f th e  30th A p ril 1949.] 
A n
A ct to amend the G auhati University A c t, 1947  
(Assam  A ct X V I  o f  1947}
Whereas it is expedient to amend the Gauhati Univer­
sity Act, hereinafter called the Principal Act, in the m an­
ner hereinafter appearing:—
It is hereby enacted as follows:—
1. (1) This Act may be called the Gauhati University 
(Amendment) Act, 1949.
(2) It shall come into force at once.
2. In clause (q) of section 5 of the Principal Act, before 
the words “ to do all such other acts and things” the follow­
ing words shall be inserted, namely :—
“save and except such functions and powers as are 
vested in the Development Committee under this Act” .
Assam
XVI 
1947.
Act 
of

2
Amendment 3. In sub-section (1) of section 12 of the Principal 
of section 12 the last word “ and” in clause (ix) shall be deleted,
Act X V l'o f t *l e  c o m m a  and the word “and” shall be added after the 
1947. word “ woman” in clause (x) and the following new clause
shall be inserted, namely: —
“(xi) two persons nominated by the Government of 
Assam” .
Amendment 4. (1) In section 13 of the Principal Act, after the 
oi section 13 proviso j n  clause (tz) the following new proviso shall be 
Act XVI mserted, namely :—
of 1947. “ Provided that the Executive Council shall not ad­
minister and exercise its power of control in respect of the 
funds (including the Gauhati University Trust Board Fund) 
which have become vested in the University for the pur­
poses of buildings, roads, tanks, pipe lines or other struc­
tures of the University, such grants from the Government 
and such donations from private individuals or associations 
as are specially given for the aforesaid purposes of the Uni­
versity.”
(2) In clause (< /) of section 13 of the Principal Act, 
after the words “ any funds” the following words shall be 
inserted, namely : • —
“ other than those given for the purposes of buildings, 
roads, tanks, pipe lines and other structures of the Uni­
versity” .
(3) In clause (?) of section 13 of the Principal Act, 
after the words “ all matters” the following shall be inserted, 
nam ely:—
“ except those which are vested in the Development 
Committee under this Act” .
Insertion of 5- (1) After section 32 of the Principal Act, the 
new sections following shall be added, namely :— 
in  Assam
Act X V I of
1947.
Removal of “ 32A. (1) If a member of the Court or the Executive
members of Council of the University remains absent without sufficient 
the Court reason from the two successive meetings of the Court or 
and Execu- fr o m  fi v e  successive meetings of the Executive Council as the 
for' conti- c a s e  m a Y  ^ e >  the Chancellor may call upon that member 
nued ab- to offer within a reasonable time such explanations as he 
sence. may desire to offer.
(2) If a member of the Court or the Executive Council 
when called upon by the Chancellor to offer explanation 
fails to offer any explanation or gives an explanation which, 
in the opinion of the Chancellor is unsatisfactory, the 
Chancellor may remove such member from office.”
Insertion of 6. To the Principal Act, the following new sections 
new sections shall be added, namely:—39, 40, 41 ’ '
and 42 in “39. The Chancellor shall appoint a Development Com- 
XvTof 1 9 4 7  m *t t e e ° f n o t  more than five persons including the Minister 
in charge of Education who shall be the Chairman of the

Development 
Committee 
and its 
duties.
Committee for the following purposes of, namely
(a) raising of funds from Government, private indi­
viduals and associations for buildings, roads and 
other structures of the University,
( Z > )  taking by acquisition, purchase, grant, testa­
mentary disposition or otherwise such land and 
property, movable or immovable, as are re­
quired and necessary for the buildings, roads, 
and other structures of the University,
(r) inviting and approving plans of buildings, roads, 
tanks, pipe lines and other structures of the 
University,
(< /) inviting and accepting tenders for the construction 
of buildings, roads, tanks and pipe lines and 
other structures of the University,
(e) doing all other acts incidental or appertaining to 
the construction of buildings, roads, tanks, 
pipe lines and other structures of the 
University.
Powers of 40. Notwithstanding any power vested in the 
the Deve- Executive Council, authority or person under any provisions 
Committee. °f this Act and the Statutes, the Development Committee 
shall have for the purpose of discharging the duties vested 
in it, the power to incur, supervise and control expenditures 
(«) out of funds (including the Gauhati University Trust 
Fund) which have become vested in the University, for the 
purpose of buildings, roads, tanks, pipe lines and other 
structures of the University and (b) out of grants from 
Government and donations from private individuals or 
associations that may be given to the University for the 
aforesaid purposes of the University.
The esti- 41. (1) The estimate of expenditure and annual report 
auclh a "of *n  r c s Pe c t construction of buildings, roads, tanks, pipe 
account of lines a n d  other structures of the University shall be pre- 
the D eve- ^»ared under the direction of the Development Committee 
lopment and shall be submitted to the Executive Council for placing 
Committee, before the Court at least two months before the date of the 
annual meeting of the Court.
(2) The annual accounts and balance sheets of the De­
velopment Committee shall be prepared under the direction 
of the Committee and shall be submitted to the Chancellor 
for audit. The accounts when audited shall be submitted 
to the Executive Council for publication 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 Chan­
cellor.
(3) The annual report, estimates and accounts of the 
Development Committee shall be considered by the Court 
at its annual meeting and the Court may pass, resolutions 
thereon and communicate the same to the Development 
Committee,
 
The Provin- 42, (1) If, a t any time, the Government of Assam are of 
ment’ s °Vpo- °pi n ‘o n  that special reasons exist that in any respect the 
wers of affairs of the University are not managed in furtherance of 
supervision, the objects and purposes of the University or in accordance 
with this Act and the Statutes and Regulations, or in fur­
therance of objects for which any grant or donation is speci­
fically made by Government, Public bodies or individuals, 
the Government of Assam may indicate to the Executive 
Council such matter in regard to which the Government of 
Assam desire explanation and call upon that body within 
reasonable time to offer such explanation as it may desire 
to offer, with any proposal which it may desire to make.
(2) If the Executive Council fails to offer any explana­
tion or makes proposal or proposals which, in the opinion of 
the Government of Assam is or are unsatisfactory, the 
Government of Assam may issue such instructions, as appear 
to them to be necessary and desirable in the circumstances 
of the case, and the Executive Committee shall give effect 
to such instructions.”
S. M. LAHIRI,
Secy, to the Govt, of Assam, Leg. Deptt.

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