LexThe Gauhati University (Amendment) Act, 1960
Assam · state statute
Open in Lexace · Ask the AI about this act1 6
(A ) specifying the form in which applications
to Mortgage Banks for loans should be made and for
the valuation of the properties offered as security for
such loans;
(i) the investment of moneys realised from m ort
gagor ; and
( j) generally for any other matter in respect of
which the Board considers provision should be made
for the purposes of this Act.
(3) All such regulations shall be published in the
official Gazette.
ASSAM ACT No.II OF 1961
THE GAUHATI UNIVERSITY (AMENDMENT) ACT, 1960
(As passed by the Assembly)
R eceived th e a ssen t o f the Governor on the 6th Jan uary 1961
[Published in the Assam Gazette, Extraordinary, dated the 10th
January, 1961]
An
Act
further to amend the Gauhati University Act, 194,7
Preamble. Whereas it is expedient further to amend the Assam Act
Gauhati University Act, 1947, hereinafter called the XVI ol
Principal Act, in the manner hereinafter appearing ; 4 ■
It is hereby enacted in the Eleventh Year of
the Republic of India as follows:—
Short title, j (i) This Act m a y b e called the Gauhati
menceme°nf University (Amendment) Act, 1960.
(2) It shall come into force on such date as the
State Government may, by notification in the
official Gazette, appoint.
Amendment 2 . In Section 2 of the Principal Act,—of Section 2
of Assam Act
XVI of 1947.
(1) the following shall be instead as clause (a)
and the existing clause (a) shall be renumbered
as clause (aa), namely :—
(a) 'Board of Secondary Education’ means
1 7
the Board of Secondary Education, if any, esta
blished by Government.”
(2) after clause (c), the following shall be in
serted as clause (cc) and (ccc), namely:—
"(cc) 'Doctors of the University’ means per
sons awarded a Doctorate degree by the Univer
sity.
(ccc) 'Degree College’ means a College affilia
ted to the University in which instruction is
given to the students of the College upto a
standard leading to the award of any Bachelors*
degree by the University.”
(3) after clause (f), the following shall be in
serted as clause (ff), namely:—
- ' ?
"(ff) 'Moderation Board’ means a Board con
stituted in the manner as may be prescribed in
the Statutes for the purpose of scrutinizing and
moderating the question papers of various exami
nations held and conducted by the University,
from time to time.”
(4) in clause (h), the comma after the word
“College” shall be deleted and the words and the
comma “and of its teaching staff,’ ’ shall be inserted
between the words “ College” and “and.”
(5) after clause (h), the following shall be inserted
as clause (h h ), namely:—
“(h h ) ‘Professional College’ means a College
imparting instructions in the professional subjects,
namely, Law, Medicine, Engineering, Technology,
Agriculture, Veterinary, Post-Graduate teachers train
ing and such other subjects as may be prescribed
from time to time as professional subjects under the
Statutes.”
(6) after clause (m ), the following shall be inserted
as clause (m m ), namely:—
“(m m ) ‘University Professor’ or ‘University Reader’
means a Professor or Reader appointed or recognised
as such by the University.”
A»a<wd>»<wit 3 . i n Section 4 of the principal Act, the word
efseotion 4 “irrespective” shall be inserted between the words
XVI •f°l947 .“persons” and “ o f ” and the word “either” after the
word “ of ” and the words “and whatever.” occurring
after the word “ sex” shall be deleted.
18
Amendment 4, (1) i n Section 5 of the principal Act, for clause
of A^sam Ac/0)’ t ^l e f°^ o w ^n S clause shall be substituted, namely * . —
XVI of 19)7. ‘(o) to take, receive, purchase or hold for the
purpose of the University any property movable
or immovable including any fund, which is or may
become vested in the University or placed at its dispo
sal and to grant, demise, alienate, transfer or otherwise
dispose of or administer all or any such property or
iund for any purpose of the University under this
Act including construction of any buildings, roads,
tanks, pipelines or any other structure and also to do
all other acts incidental or appertaining thereto,”
(2) In clause (q) of Section 5 of the principal.
Act, the following words shall be omitted, nam ely:—
“save and except such functions and powers
as are vested in the Development Committee under
this A ct.”
Amend- 5. In Section 7 of the principal Act after clause
tnentof the following shall be inserted as clause (viii),
o fCAssam namely and the subsequent clauses of that Section
■ X ct X V I of shall be re-numbered accordingly:—
1947,
“(mii) the Construction Committee,”
Amend- 6. For Section 8 of the principal Act, the following
ment of Sec- shall be substituted, namely :—
tion 8 of
Assam Act
X V I of 1947.
•T h e Chan- 8. (1) The Governor of Assam shall be the
cellor. Chancellor of the University.
(2) The Chancellor by virtue of his office shall be
the head of the University and the President of the
Court and shall, when present, preside at any Convoca
tion of the University.
(3) W here power is conferred upon the Chan
cellor by this Act or by the Statutes to nominate
perscns to the authorities of the University or other
bodies thereof, the Chancellor shall, to the extent
necessary nominate persons to represent the interests
of the minorities, Scheduled Tribes and Scheduled
Castes and interests not other'. ’ represented.
(4) Every proposal to confer an honorary degree
shall be subject to the confirmation of the Chancellor
(5) The Chancellor shall have such other powers
as may be conferred on him by or under the provisions
of this Act,”
19
Insertion of 7. After Section 8 of the principal Act, the fol-
t i X after l o w i n g n e w Sections shall be inserted, namely
Section 8 in
Assam Act
XVI o f 1947.
‘‘The Vice- 8A. (1) The Vice-Chancellor shall be appointed
Chancellor, by the Chancellor on the recommendation of the
Court. The Court shall submit a panel of names
of three persons to the Chancellor who shall appoint
one of them as Vice-Chancellor. The Chancellor shall
preside over that meeting of the Court which will
nominate the panel of names for the office of the Vice-
Chancellor.
(2) The Vice-Chancellor shall hold office for
a period of three years and shall be paid from the
University Fund such salary as may be fixed by the
Executive Council not below one thousand and five
hundred rupees per mensem including all allowances.
Powers and 8B. (1) The Vice-Chancellor shall be the prin-
<v 'le’rj? lle c *Pa l executive and academic officer of the University,
(.'jltor, a n " and shall, in the absence of the Chancellor, preside at
meetings of the Court and any Convocation of the
University. He shall be an ex-officio member and
Chairman of the Executive Council, the Standing
Finance Committee, the Construction Committee, and
of the Academic Council and shall be entitled to be
present and to speak at any meeting of any authority
or other body of the University. When present, he
•hall preside over all such meetings.
(2) It shall be the duty of the Vice-Chancellor to
ensure that the provisions ol this Act, the Statutes, the
Ordinances and the Regulations are faithfully
observed.
(3) The Vice-Chancellor shall have power to con
vene meetings of the Court, the Executive Council,
the Academic Council, the Finance Committee and
the Construction Committee.
(41 In any emergency which, in the opinion of the
Vice-Chancellor, requires that immediate action should
be taken, the Vice-Chancellor shall take such action
as he deems necessary, and shall at the earliest oppor
tunity thereafter report his action to the officer,
authority or other body who or which in the ordinary
course, would have dealt with the matter.
/ (5) When any such action taken by the Vice-
.xfencellor affects any person in the service of the
University, such persons shall be entitled to prefer an
appeal to the Executive Council through the officer,
authority or other body of the University within
thirty days from the date on which such action is
communicated to him.
(6) The Vice-Chancellor shall give effect to any
order of the Executive Council regarding the appoint
ment, dismissal or suspension of an officer or Teacher
of the University or regarding the recognition or with
drawal of the recognition of any such Teacher and
shall exercise general control in the University. He
shall be responsible for the discipline of the University.
(7) The Vice-Chancellor shall exercise such other
powers as may be prescribed by the Statutes and O rdi
nances.
1 he Regis- 8C. (1) The Registrar shall be a whole-time
t r a r" salaried officer of the University, and shall be appointed
by the Executive Council on such terms, conditions and
remunerations as may be prescribed.
(2) The term of office of the Registrar shall be for
five years but he may be eligible . for re-appointment
for a second term only.
(3) The Registrar shall be the Secretary ex-
officio of the Court, the Executive Council and
of the Construction Committee :
Provided that, notwithstanding anything con
tained in this Act, the Executive Council may,
either for specific purpose or in general, appoint
any other officer of the University a Secretary of
my of the said authorities.
(1) It shall be the duty of the Registrar—
(i) to be the custodian of he records,
common seal and such other property
of the University as the Executive Coun
cil shall commit to his charge and
to manage such properties ;
(i?) to sign and verify all contracts and
agreements made on behalf of the Uni
versity and to act as Secretary of such
other Committees as may be prescribed
by the Statutes;
(iw) to conduct the official correspondence
of the Court and the Executive Council ;
(»y) to issue all notices convening meetings
of all such committees or Councils or
Boards of which he is the Secretary ;
(y) to arrange for and superintend the
examination of the University till such
time when the University appoint other
officers, if any, for this purpose ; and
21
(tn) to perforin such other work as may,
from time to time, be prescribed by the
Executive Council.
TheTrea- 80- (1) The Treasurer shall be a whole-time
surer, salaried officer of the University and shall be
appointed by the Executive Council for a period
of five years on such terpis, conditions and re
muneration as may b ; prescribed. He may be
eligible for re-appointment for a second term only.
(2) The Treasurer shall exercise general super
vision over the funds of the University and advise
in regard to its financial policy.
(3) Subject to the control of the Execu
tive Council he shall manage the investments of
the University and be responsible for the prepara
tion and presentation of the annual estimates
and statements of accounts and for proper
maintenance of the accounts.
(4) Subject to the powers of the Executive Coun
cil, the Treasurer shall be responsible for ensuring that
all moneys are expended for the purposes for which
they are granted or allotted.
(5) The Treasurer shall exercise such other powers
as may be prescribed by the Statutes and the Ordi •
nances <
Provided that the Chanc Jlor may on the recom
mendation of the Executive Council in the case of
any casual vacancy in the office of the freasurer,
direct that the Registrar shall act as Treasurer and
perform all the duties and exercise all the powers ot
the Treasurer, and when any such direction has been
made all references to the Treasurer in this Act, the
Statutes, the Ordinances and the Regulations shall be
deemed to be references to the Registrar.”
Amendment
of Section 9
of Assam
Act X V I
of 1947.
8. For Section 9 of the principal Act, the following
shall be'substituted, namely: —
•‘T he C ourt. 9. (1) The Court shall consist of the following
peisons, namely: —
t J
Ex-officio Members
(i) the Chancellor,
(») the Chief Justice of the Assam High
Court or his nominee,
(m) the Vice-Chancellor,
22
(w) the Minister for Education, Assam,
(j» ) the Treasurer,
(w) the Registrar,
(wi) the Controller of Examinations, if any,
by whatever name he may be designa
ted.
(ran) the Director of Public Instruction,
Assam,
,{ix) the Deans of Faculties,
(x] the University Professors,
(xi) University Readers who are Heads of
Departments of teaching,
(xh) the Director of Technical Education,
Assam,
(«iw ‘) the Director of Health Services, Assam,
(xiv) the Director of Agriculture, Assam,
(*») the Director of Veterinary, Assam,
(xvi) the Chief Engineer (Roads and
Buildings), Assam,
(xvii) the President of the Asom Sahitya Sabha,
(xviii) Principals of the Degree Colleges,
(xix) the Director of Education, Manipur.
Life Members
(xx) the Patrons of the University and
persons (if any) appointed by the Chancel
lor on the recommendation of the
Executive Council to be life members on
the ground that they have rendered
eminent service to the cause of education,
(xxi) all the Ex-Vice-Chancellors of the
Gauhati University,
Other Members
(xxii) persons not exceeding five being the
Doctors of the University whose names
appear on the Register of the Doctors
maintained by the University elected
from among themselves,
(xxiti) five registered graduates other than
teachers and employees of a college or
University, who have completed ten
years after graduation, to be elected by
the registered Graduates in such manner
as may be prescribed by the Statutes,
23
(xxiv) persons not exceeding four elected by
associations or other bodies approved
in this behalf by the Chancellor on the
recommendations of the Executive
Council,
(xxv) five persons elected by the members of
the Assam Legislative Assembly from
among themselves,
(xxvi) persons not exceeding fiv e nominated by
the Chancellor,
(xxvii) one member from each of the seven
Governing Bodies to be elected or
selected by the Governing Bodies con
cerned to represent the Governing Bodies
of the affiliated Colleges. The Executive
Council shall select seven Colleges to be
represented by rotation from time to
time,
(xxviii) seven persons of x whom at least
two shall be teachers of Professional
Colleges elected by the teachers other
than Deans, University Professors and
Readers who are Heads of the University
Departments from among themselves,
and
(xxix) three persons nominated by the
Board of Secondary Education of whom
one shall be Head Master of a Higher
Secondary School,
(2) Save as otherwise provided and except the
e x-o fficio members and the life members all other
members shall hold office for a period of three years
fiom the date of their election or nomination, as the
case may b e:
Provided, however, that no person nominated or
elected in his capacity as a member of a particular
body or as a holder of a particular appointment shall
be a member after he ceases to be a member of that
body or holder of that appointment, as the case
may be.
(3) When a person ceases to be a member of the
Court he shall cease to be a member of any of the
authorities or Committees of the University of which
be may happen to be a member by virtue of his
membership of the Court,”
24
Amendment 9. For sub-section (1) of Section 10 of the princi-
10 ofAssam Pa ^ Act, t ^l e f°^ 0 W*n S shall be substituted, namely:—
A.ct of
1947. “ (1) The Court shall meet at least twice a year
on dates to be fixed by the Vice-Chancellor. One of
such meetings shall be held in January and shall be
called the Annual General Meeting. The Court may
also meet at such other times as it may, from time to
time, determine.”
Amendment 10. p o r S e c l jo n n of the principal Act, the follo-
11 of Assam wing shall be substituted, namely:—
Act X V I cf
1947.
“ C ourt Su- 11. (1) Subject to the provisions of this Act and
preme body the Statutes the Court shall be the supreme body of
w ~ lts p °'| the University and shall have powers of general
functions0 ° superintendence over the affairs, concerns and pro
perties of the University and shall exercise all the
powers of the University not otherwise provided for, to
give effect to the provisions of this Act.
(2) In particular and without prejudice to the
generality of the powers conferred by sub-section (1),
the Court shall have the following powers, namely:—
(а) to approve or reject the draft Statutes or
draft amendments to Statutes placed
before it by the Executive Council, and also
to amend or modify such draft Statutes or
drft amendments to Statutes proviced that
no such draft Statute or amendment
shall be amended or modified without a
further reference to the Executive Council
if such amendment or modification involves
financial implication;
(б) to ratify or cancel Ordinances placed
before it by the Executive Council and
also to amend or modify such Ordinances
or amendment provided that no Ordinance
involving financial implication shall be
amended or modified without a further
reference to the Executive Council if such
amendment or Oidinance involves financial
implication;
(c) to consider and pass resolutions on the
annual report, the annual accounts and
the financial estimates for appropriate
action;
(d) to raise discussions on matters of administra
tion of University and to request the
Chancellor to cause an enquiry to be
25
made into the affairs of the University,
if, in the opinion of the Court, there be
any matter requiring such enquiry:
Provided that the Chancellor may, at his dis
cretion, cause an enquiry to be made into all or
any of the points referred to him by the Court.”
Amendment 11. For Section 12 of .the principalA ct.thefolIo-
ofSection 1 2w inE, shall be substituted, namely:— of Assam Act 1
XVI of
1947.
'EpC C“t‘1j e 12. (1) The Executive Council shall be the Executive
Constitution. Body of the University and shall consist of the
’ following members:—
Ex-officio Members
(z) the Vice-Chancellor,
I
( z ’z) the Director of Public Instruction, Assam,
(Hi) the Director o f Technical Education,
Assam,
(z») the Registrar,
(o)1 the Treasurer,
(vi) tiie Controller of Examinations, if any,
by whatever name he may be design
ated,
Other Members
(tdi) two persons elected by the Principals
of affiliated colleges from among them
selves,
(wii) two persons elected by the Deans of
the Faculties from among themselves.
( z ’ x) two members of the Court elected by
the Court at its Annual General Meeting
other than employees of the University
or affiliated Colleges,
(x) one person, other than the Deans of Facul
ties of the University and the Principals,
elected by Academic Council from
among its members,
(x z) two persons, of whom at least one shall
be a woman, nominated by the Chan
cellor, a rd
(xiz) two persons nominated by the Govern
ment of Assam.
26
(2) Save as otherwise provided and except the
ex-officio members all other members shall hold
office for a period of three years from the date of
their election or nomination, as the case may be :
Provided, however, that no person nominated or
elected in his capacity as a member of a particular
body or as a holder of a particular appointment shall
be a member after he ceases to be a member of that
body or holder of that appointment, as the case
may be.
(3) When a person ceases to be a member of the
Executive Council he shall cease to be a member of
any of the authorities of the University of which he
may happen to be a member by virtue of his mem
bership of the Executive Council.”
Amendment 12. For Section 13 of the principal Act, the
of Section 13 following shall be substituted, namely— of Assam Act s ’ ’
XVI of 1947.
“ Powers and 13- The Executive Council—
duties of the
Executive (a ^ shall hold, control and administer the proper-
oune> . t y a n j f u n ( js o p University, and for these purposes
shall appoint a Finance Committee consisting of seven
members to advise it on matters of finance of which
the Vice-Chancellor shall be the Chairman, the
Treasurer shall be the Secretary, the Registrar, a
member of the Committee and the remaining four
members shall be appointed from among the members
of the Executive Council:
Provided that at least one member of the Com
mittee shall be appointed from amongst the members
fleeted to the Executive Council by the C o u rt;
( Z > ) shall do all acts appertaining or incidental to
the construction of buildings, roads, tanks, pipelines
and other structures of the University and for that
purpose shall appoint a Construction Committee
consisting of seven members of whom the Vice-Chancel
lor shall be the Chairman, the Registrar shall be the
Secretary, the Treasurer a member and the remaining
four members shall all be appointed from among the
members of the Executive Council with power to co-opt
experts as members who shall have no power to vote :
Provided that at least one member of the Com
mittee shall be appointed from amongst the members
elected to the Executive Council by the Court ;
(c) shall determine the form and regulate, the
use of the Common Seal of the University ;
27
(d) shall lay before Government annually a full
statement of the financial requirements of the
University and the colleges maintained by
it ;(e) shall administer any funds placed at the
disposal of the University for any specific
purpose including those given for the
purpose of buildings, roads, tanks, pipelines
and other structures of the University ;
( / ) subject to the provisions of this Act and
the Statutes, shall appoint the officers
(other than the Chancellor and the Vice-
Chancellor), teachers, the clerical staff
and other employees of the University and
shall define their duties and conditions of
service and shall provide for the filling up
of temporary vacancies ;
(g) shall have power to accept, on behalf of the
University, bequests, endowments, dona
tions or transfer any movable or immovable
property ;
(A ) shall have power, subject to the Statutes, to
recognise or withdraw recognition from
a College or Hall not maintained by the
University ;
(i) shall arrange for holding of, conducting
and publishing the results of the University
examinations ;
(j) shall, subject to the powers conferred by
this Act on the Vice-Chancellor, regulate
and determine all matters under this Act
concerning the University in accordance
with this Act, the Statutes and the Ordi
nances :
Provided that no action shall be taken by the
Executive Council in respect of the numbers, qualifica
tions or emoluments of Teachers, otherwise than in
consultation with the Academic Council; and
(A ) shall exercise all the powers of the Univer
sity not otherwise provided for.”
AmendmentAmendment 13. F o r Section 14 of the principal Act, the
of section i t following shall be substituted, namely:—
of Assam Ac1
XVI of 1947.
L . . 14. (1) The Academic Council shall be the
e' academic body of the University and shall, sub
Council. jec't to the provisions of this Act, the Statutes
and the Ordinances, have the control and gene
ral regulation of and be responsible for the
maintenance of standards of instruction, educa
tion, and examination within the University.
28
(2) (a) The Academic Council shall consist
of the following members:—
v Ex-officio Members
(i) the Vice-Chancellor ;
Jii) the Director of Public Instruction,
Assam ;
(iii) the Director of Technical Education,
A ssam ;
\ (iv) the Deans of the Faculties ;
(v) the Professors of the U niversity;
(vi) the University Readers who are Heads
of Departments of teaching;
< jv ii) the Librarian of the University ;
Other Members
(viii) five persons of whom at least one
shall be a Principal of a Professional
College, elected by the Principals of
colleges from among themselves ;
(ix) ten persons to be nominated by the
Vice-Chancellor from amongst the
teachers of the affiliated colleges and
of the University of whom at least
seven shall be from the affiliated
colleges ;
(x) persons not exceeding three, other
than teachers of the University ap
pointed by the Chancellor being per
sons who by reasons of their posses
sing expect knowledge in subjects
named for the purpose by the ex-
o fficio members of the Academic
Council are in the opinion of the
Chancellor fitted to serve in the
Council,
(xi) two persons elected by the C ou rt; and
(xii) one nominee of the Board of Seconda
ry Education from amongst its mem
bers.
(b) Save as otherwise provided and ex
cept the ex-officio members all
other members shall hold office for
i a period of three years from the date
of their election or nomination, as the
case may be.
(c) When a person ceases to be a member
of the Academic Council he shall
cease to be a member of any of the
authorities of the University of which
he may happen to be a member by
virtue of his membership of the Aca
demic Council.”
29
new^ectiorf ^ , t e r Section 14 of the principal Act, the
after Section following Section shall be inserted, namely: —
14 of Assam
Act X V I of
1947.
14A. The Academic Council shall have the fol
low ing powers, namely:—
(i) to make proposals to the Executive Council
for the institution of Professorships, Reader
ships, Lecturerships or other teaching
posts, and in regard to the duties and
emoluments thereof;
and to
Regula-
Exhibi-
(ii) to submit to the Executive Council draft
Regulations regarding method and manner
of conducting Examinations including set
ting up of Moderation Boards
award in accordance with such
dons, Fellowships, Scholarships,
tions, Medals and other rewards ;
(iii) to recommend examiners for appointments
to be made by the Vice-Chancellor after
report from the Faculties concerned ;
(w) to control the University Library, to frame
Regulations regarding its use, and to
appoint a Library Committee under the
General Control of the Academic Council
to manage the affairs of the Library ;
■ (v ) to assign subjects to the Faculties ;
(vi) to assign teachers to the Faculties ;
(oil) 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 ;
(piit) to provide for the inspection of Colleges
and Halls in respect of the instruction and
discipline therein, and to submit report
thereon to the Executive Council ;
(tx) to organise teaching in the University and
to control the work of teachers ; and
(r) such other powers and duties as may be
assigned to it under the Statutes.”
30
Amendment 15. In Section 15 of the principal Act—
of Section 15
Act XvT'^f -1) For sub-section (3), the following sub-sjctions
1 9 4 7 . shall be substituted, namely :—
“ (3) Each Faculty shall consist of—
(i) the Heads of the Departments comprised
in the Faculty;
(ii) such teachers of subjects assigned to the
Faculty as may be appointed to the
Faculty by the Academic Council ;
(Hi) 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
(iv) 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 :
Provided that 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.
(3a) Subject to the provisions of this Act, each
- acuity shall have the following powers, namely: —
(i) to constitute the Committees of Courses
and Studies in Departments assigned to
i t ;
(ii) to recommend to the Academic Council the
Courses of Studies for the different
examinations, after consulting the Com
mittees of Courses and Studies ;
(iii to recommend to the Academic Ccuncil,
after consulting the Committees of Courses
and Studies, the names of the examiners
in subjects assigned to the Faculty ;
(iv) to recommend to the Academic Council the
conditions for the award of Degrees,
Diplomas and other Distinctions ;
3 1
(a) subject to the control of the Academic
Council, to organise research in subject
assigned to the Faculty ; and
(w) to deal with any other matters referred to it
by the Academic Council.”
•
(2) At the end of sub-section (4), the following
shall be added as a new sentence, namely: —
“He shall be executive officer of the Faculty
and shall preside at its meeting, subject to the
provisions of sub-section (1) of Section 8B.”
(3) In sub-section (6), for the words “such
term as may be prescribed by the Statutes” the words
“ a period of three years” shall be substituted.
Amendment 16- In Section 19 of the principal Act, add the
of .Section following proviso, namely—
1 9 of Assam
‘ l947X V I ° “ Provided that no student shall be required to
appear in the Matriculation Examination if he has
passed the Final Examination conducted by the Board
of Secondary Education.”
Amendment 17- c la u s e C ?) °f Section 21, the following
of Section proviso shall be added, namely,—
2 1 of Assam “ Provided that no Statutes relating to the manage-
Act XVI of m e n t of Colleges and Halls shall apply to Govern
ment colleges and Government aided colleges in
respect of which the State Government shall make
necessary rules in consultation with the University.”
Amendment 18. In Section 22 of the principal Act—
22 of Assam Sub-section (1) and the first Statutes as set out
Act XVI of ‘ n the Schedule with all modifications thereof shall be
1 9 4 7 . deleted.
(2) In sub-section (2) the words “or amended”
shall be added after the words “may be approved” and
the following proviso added, namely,—“ Provided that
no draft Statutes or draft amendments to Statutes with
financial implication shall be amended without fur
ther reference to the Executive Council.”
(3) In sub-section (3) the words “ or may amend
it” shall be added after the words “pass the Statute.”
(4) In sub-section (6) the proviso shall be omitted,
and
(5) For sub-section (7) the following shall be
substituted, namely:—
“f7) Any member of the Court may propose to
the Executive Council the draft of any Statute ; and
the Executive Council shall submit such proposed draft
to the Court with its comments,”
32
A m endm ent 19. For sub-section (4) of Section 24 of the
°f AsTa^Act Pr i n c iPa l A c t > t h e following shall be substituted,
XVI^n947 namely:— .
"(4) Such of the draft Ordinances proposed
by the Academic Council as are rejected by the
Executive Council under sub-section (2) shall be
placed by the Executive Council with its com
ments before the Chancellor whose decisions
shall be final.”
A m endm ent 20. The proviso under sub-section (3) of
of Section 25 Section 25 of the principal Act shall be deleted.of Assam
.Act X VI of
1947.
Amendment
of Section 29
of Assam
Act X V I o
1947 :
21. In sub-section (2) of Section 29 of the
principal Act, for the words "Executive Council”
the words "Faculty concerned and Academic
Council” shall be substituted.
Deletion of 22. Section 32 of the principal Act shall be
Section 32 deleted and Section 32A shall be renumbered as
and renum- S e c t i o n 3 2 .
ben ng of
Section 32A
of Assam Act
X V I of 1947.
Amendment 23. For Section 35 of the principal Act, the
of Section 35 following shall be substituted namely:—
of Assam Act
X V I of 1947.
‘A rbitration 35. An appeal in respect of a dispute arising
out of a contract between the University and
any officer or teacher of the University shall be
preferred in the case of a dispute between an
officer or a teacher and an authority of the Uni
versity other than the Executive Council, to the
Executive Council, and in respect of a dispute
between an officer or a teacher and the Execu
tive Council, to the Chancellor. The Executive
Council or the Chancellor, as the case may be,
may either dispose of the appeal or may refer
it to a Board of Arbitration. The constitution
of terms of reference to the Board of Arbitration
shall be such as may be prescribed by the Sta
tute. The decision of the Board of Arbitration
shall be final and no suit shall lie in any Civil
Court in respect of the matters decided by the
Board.”
Amendment 24. In sub-section (1) of Section 36 of the
ofAssamAct Pr in cipal Act, for the words "officers, teachers,
X 1.of 1947. clerical staff and servants” the words "all em
ployees” shall be substituted.
33
D ele'ion 0 1 26. Sections, 39, 40 and 41 of the principal Act
K S n ’ r b ' deleted.
Assam Act
XVI of
1 9 4 7 .
Amendment 27. Section 42 of the principal Act shall be
4 2 of As'am s u b s t i t u t e c l b y t b e f°l l o w in g > and a n e w section shall
A c t XVI of b e inserted thereafter as Section 43 namely : ■ — •
1947,
“Power of 42. (1) a) The State Government shall have
State G o- for reasons to be recorded in writing the right to cause
Inspecdonf°r a n ’ n s Pe c t ’o n t o b e made, by such person or persons as
it may direct, of the University, its buildings, labora
tories , libraries , museums, press establishment, work
shops and equipments and of any institution main
tained by the University, and of all activities other
than purely academic activities of the University and
to cause an enquiry to be made into the income,
expenditure , assets and liabilities of the University.
(1) The State Government shall in every case give
notice to the University of its intention to cause such
inspection or enquiry to be made.
(2) The State Government shall communicate
to the Executive Council its views with reference to
the results of such inspection or enquiry and may,
after ascertaining the opinion of the Court and
the Executive Council thereon, advise the University
upon the action to be taken.
(31 The Executive Council shall report to the
State Government the action, if any, which is proposed
to be taken or has been taken to give effect to the
sidvicc of the State Government. Such report shall be
submitted with the opinion of the Court, thereon and
within such time as the State Government may direct.
(4) The State Government may, after considering
the report referred to in sub-section (3) advise the
University to take such further action, if any, as in the
opinion of the State Government is necessary, and the
Executive Council and the Court shall take or cause
such action to be taken within the time specified in
such advice in that behalf.
43. Notwithstanding anything contained in this Act—
S avin 0 ) The Vice-Chancellor appointed under the
ng previsions of the principal Act and exercising any
powers and functions immediately before the com
mencement of this Act shall continue to hold office
as such and exercise such powers and functions, not
inconsistent with the provisions of this Act, till the
expiration of his term of Vice-Chancellor under
the. provisions of the principal Act.
34
Amendment 25. In Section 37 of the principal Act, the word
of Section < <t e n ” shall be substituted for the word “ live” . 3/ of Assam
Act XVI of
1947.
(2) All Committees except the Development
Committee, Boards and other Bodies constituted, and
all acts done or purported to have been done in
exercise of the powers given by and under the provi
sion of the Statutes set out in the Schedule with all
modifications thereof to the principal Act shall be
deemed to have been constituted or done, as the case
may be, under Statutes made by the appiopriate
authority of the University.
(3) The Court, the Executive Council and the
Academic Council constituted under the provisions
of the principal Act and exercising any functions
immediately before the commencement of this Act
shall continue to exercise such functions until the
corresponding Court, the Executive Council and the
Academic Council are constituted in accordance with
the provisions of the principal Act as amended by
this Act:
Provided that for the purposes of such constitu
tion of the Court, the Executive Council and the Aca
demic Council the State Government may appoint for
such constitution a date in consultation with the
Chancellor and the Vice-Chancellor not later than
six months from the date of commencement of this Act
t (4) The Development Committee constituted and
exercising any functions under the provisions of the
principal Act immediately before the commencement
of this Act shall continue to exercise such functions
until the Construction Committee is constituted under
the provisions of the principal Act as amended by this
Act and until it makes over charge to the Executive
Council for the time being functioning under the pro
visions of the principal Act as amended by this Act.
(5) All debts and obligations incurred, all con
tracts entered into, all matters and things engaged to
be done by, with or for the Development Committee
in exercise of its duties and powers before the com
mencement of the Gauhati University (Amendment)
Act, 1960 sh dl upon such commencement be deemed
to have been incurred, entered into or engaged io be
done by, with or for the University ; and all suits or
other legal proceedings instituted or which might but
for the dissolution of the Development Committee
have been instituted by or against the Development
Committee may be continued or instituted by or
against the University.”