The Dibrugarh University (Amendment) Act, 1975

THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 953 The 29ih October 1975 No.LJL.395/75/7.—The followiag Act of the Assam Legislative Assembly which received the assent of the Governor is hereby publi­ shed for general information.— ASSAM ACT XVI OF 1975 (Received the assent of the Governor of A ssam on the 23rd day of o ctober, 1975) THE DIBRUGARH UNIVERSITY (AMENDMENT) ACT, 1975. AN ACT further to amend the Dibrugarh University Act, 1965. Preamble. Whereas it is expedient to amend the Assam Act Dibrugarh University Act, 1965, hereinafter VIII of called the principal Act, in the manner here- 1965, inafter appearing; It is hereby enacted in the Twenty-sixth year of the Republic of India as follows :— Short title and com­ mencement. 1. (1) This Act may be called the Dibru­ garh University (Amendment) Act, 1975. (2) It shall come into force at once. Amendment 2. In Sub-section (1) of Section 3 of the of  sam 3 principal Act, the word "Rector” shall be inser- ActVIII of ted before the words "and the members of the 1965. Court,” Amendment of Section 7 3 In Section 7 of the principal Act, after of A^amAct’Wm (ii). the following shall be inserted as VIII of 1965.item "(iii)” and subsequent items shall be re­ numbered as items (iv) and (v) respectively. "(iii) the Rector,” of'secti™™̂ 4. Section 9 of the principal Act, after of Assam Actsub-section (6), the following shall be inserted VIII of 1965.as sub-section (7), namely :— "(7) The Chancellor as head of the Uni­ versity shall have the power to suspend the activities of the various authorities of the University as and when circumstan­ ces so demand and vest all powers and functions of these authorities in the Chan­ cellor to control the affairs of the autho­ rity or authorities so suspended in such manner and for such a period as deemed fit arfief reasonable by him. 5 - 954 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1972 >. - o Amendment 5. (i) For Sub-section (1) of Section 10 of of Awaia Acrhe principal Act, the following shall be sub- VIII «f 1965.stituted, namely :— "(1) The Vice-Chancellor shall be appoin­ ted by the Chancellor on the recommen­ dation of an Advisory Board constituted by the Chancellor for the purpose and consisting of three members of whom one member shall be nominated by the State Government, one member to be nominated by the Chancellor and one member to be elected by the Executive Council. The Chancellor shall also appoint one of them as Chairman of such Advisory Board.” (2) For Sub-section (2) of Section 10 of the principal Act, the following shall be substituted, namely :— "(2) The Advisory Board shall reco­ mmend a panel of names of three per­ sons to the Chancellor who may appoint one of the persons recommended to be the Vice-Chancellor. If the Chancellor does not approve any of the person re­ commended by the Advisory Board, he may call for a fresh recommendation.” Iasertio» of 6. After Section 11 of the principal Act, Se t̂if>n the following new Sections shall be inserted 1?B in Ca'm- a s Section "11 A” and Section "11B”, namely*.— »m Act VIII of 1965. Amendment ef Section 15 of Assam Act VIII of 1965. "HA. The Rector shall be appointed by the Chancellor on the recommendation of the Vice-Chancellor on such emolu­ ments and allowances as may be fix-ed by the Executive Council. He shall hold office for a term of two years and shall be eligible for re-appointment.” "1 IB. The Rector shall exercise and per­ form such powers and duties of the Vice-Chancellor as may be delegated to him by the Vice-Chancellor.” 7. In Section 15 of the principal Act, in sub-section Cl), (i) after clause (li), the following shall be inserted as clause "(iii)” and subsequent clauses shall be re-numbered. "(iii) the Rector,” . THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 955 Amendment of Section 17 of As»am Act y i n of 1965. (ii) the existing clause (x) shall be sub­ stituted by the following, namely:— "(x) The Principals of Jorhat Engineering College and Assam Medical College,” (iii) the clause (xiii) shall be substituted by the following, namely :— "(xiii) one third of the Principals of Degree Colleges affiliated to the Univer­ sity at a time by election from amongst themselves and shall retire after every three years, in the manner prescribed by the Statutes,” (iv) The clause (xiv) shall be substituted by the following, nam ely:— "(xiv) 10 Head of Departments and Professors of the University being allott­ ed Faculty-wise by rotation to be deci­ ded by the Executive Council.” (v) the clause (xvi) shall be substituted by the following, namely :— "(xvi) Seven persons to be elected by the members of the Assam Legislative A-Ssembly from among themselves,” (vi) the word "seven” at the starting of clause "(xviii)” shall be substituted by the word "ten.” (vii) in clause (xxi) sub-clauses '(a) and (b)’ shall start with the words "seven” and "two” instead of words "three” and "one” respectively. (viii) in clause ( xxi), sub-clause '(c)’ shall be deleted. (ix) after clause (xxi), the following shall be inserted as clause (xxii), namely :— "(xxii) two Registered Graduates to be elected by the Registered Graduates of the University who are not employees of the University or the affiliated colleges.” 8. In Section 17 of the principal Act (i) After clause (i), the following shall be inserted as clause "(ii)” and subsequent clauses shall be re-numbered. d 956 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 ' "(ii) the Rector.” (ii) After clause (iii), the following shall be inserted as clause (iv) and (v) respec­ tively and subsequent clauses shall be renumbered. "(iv) The Director of Health Services, Assam.” "(v) The Chairman, Board of Secondary Education, Assam.” (iii) The clause (v) shall be substituted by the following, namely :— "(v) two Principals of Non-Government affiliated Degree Colleges to be elected from amongst themselves.” (iv) After clause (v), the following shall be inserted as clause (vi) and subsequent clauses shall be re-numbered. "(vi) one Principal of Government Degree Colleges to be elected from amongst themselves.” (v) the word "and” occurring at the end of clause "(vii)” shall be deleted. (vi) the punctuation full-stop (.) occurring in clause (viii) shall be substituted by the punctuation "coma” (,). (vii) After clause (viii), the following shall be inserted as clause (ix), namely :— "(ix) one- Dean of Faculty to be chosen by the Vice-chancellor from the Deans of Faculties of the University for a period of three years, by rotation according to seniority,” 9. (1) In Section 19 of the principal Act.9 - I n S e c t i o n 1 9 of the principal Act, of Assam Acta f t e r clause (1), the following shall be inserted VIII of 1965.as clause (2) and subsequent clauses (2) to (9) shall be re-numbered accordingly, "(2) the Rector,” ' ... ' ' ’ (2) The clause (3) of Section 19 of the principal Act shall be substituted by the following, namely :— 9 7 - THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 957 "(8) ten teachers of the affiliated Degree Colleges representing different subjects to be elected from amongst themselves: Provided that a teacher so elected shall hold office for a period of two years from the date of hip election.” (3) After clause (8) of Section 19 of the principal Act, the following shall be inserted as clause (9) and clause (10) and subsequent clauses shall be re-numbered. "(9) The Director of Health Services, Assam.” "(10) One Education officer of the Board of Secondary Education, Assam to be nominated by the Chairman of the afore­ said Board.” Amendment 10. In Section 21 of the principal Act, of Section 21a fte r clause (1), the following shall be inserted Vlll^me!*3 3 clause (2)> a n d subsequent clauses shall be re-numbered. "(2) the Rector,” Amendment H. (1) I* Section 23 of principal Act, after of Section 23clause (1), th i following shall be inserted as r clause (2) an 1 subsequent clauses shall be re- 1965. i umbered. "(2) tl t Rector,” (2) The existing clause (5) of Section 23 of the irincipal Act shall be deleted and followi g shall be inserted as clause (51 namely — "(5) ten i Arsons to be elected from amongst the tei ihers of the affiliated colleges, and” Amendment 12. For f ection 29 of the principal Act, of A s T lm ^ Howing shal be substituted, namely: — Act VIII of 1965» "29. (1) (a) There shall be a Selection Commit ;ee for making recommendations to the Executive Council for appointment of Proi (ssors, Readers, Lecturers, Regis­ trar, teasurer, Librarian a n d other officers of the University as may be provided! by the Statutes consisting of the following members, namely :— 958 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 (i) The Vice-Chancellor as Chairman of the Selection Committee. (ii) Three persons not holding any office of profit under the University— one to be nominated by the Chancellor, one to be nominated by the State Government and other to be nominated by the Exe­ cutive Council. (iii) The Registrar shall be the Member- Secretary of the Selection Committee except for the Selection Committee for the appointment of Registrar in which case the Vice-Chancellor shall nomi­ nate one person as Member-Secretary in consultation with the Executive Coun­ cil. (b) In making recommendations for the appointment of Professors of the Uni­ versity the Selection Committee shall co-opt the Head of Department concern­ ed, if he is a Professor, one Professor of the Department to be nominated by the Vice-Chancellor and three persons not in the service pf the University to be nomi­ nated by the Executive Council out of a panel of not less than five names of perrons recommended by the Academic Council, who have special knowledge of the subject for which the Professor is to I 1 selected. (c) I i making recommendations for the app intment of Readers or Lecturers and oth( r teachers of the University the Self ,'tion Committee shall co-opt the Hea 1 of the Department concerned, one prol issor of the Department to be nomi­ n a l 1 by the Vice-Chancellor and two perl )ns to be nominated by the Executive Cou icil out of a panel of not less than five names of persons recommended by the Academic Council, who have special kno rledge or interest in the subject for whii h the Reader or lecturer is to be selei ted: Provi led that, where the Executive Coun­ cil proposes to make an appointment THE ASSAM GAZETTE, EX I RAORDINARY, OCT. 29, 1975 959 otherwise than in order of merit arrang­ ed by the Selection Committee in the posts of Professors, Readers or Lecturers, it shall record its reasons in writing and submit them to the Chancellor who may approve the proposal or return it to the Executive Council for reconsideration. After reconsideration, if the Executive Council desires to pursue its original proposal, it shall refer the matter again to the Chancellor for his decision which shall be final: Provided further that, where a Selection Committee recommends io the Executive Council the name of one person only and that person is not acceptable to the Exe­ cutive Council, the Executive Council shall record its reasons in writing for not accepting the recommendation and direct the Registrar to advertise the vacancy again and convene a meeting of the Sele­ ction Committee for making fresh reco­ mmendation and in so doing, commu'ni ate to every member of the Selection Con ni- ttee the reasons recorded as above. (d) Where an appointment is to be nt ide to a temporary vacancy of teachers of he University, the appointment shall be made, if the vacancy is for a perioc of one year or more, on the re-commer la- tion of the Selection Committee in ac »r- dance with the provisions of the pri ce­ ding sub-sections and no ad-hoc appo it- ment shall be made by the Execu ve Council. (2) If a member of the Selection Commi iee is unable to attend, he may send iis opinion in writing to the Vice-Char 'e- llor and such opinion shall be tai sn into consideration by the Selection Cc ti- mittee in making its recommendatioi Explanation :— For the purpose of ( his Section, the co-opted members shall be deemed to be members of the Selec! on Committee for the purpose for w k ch they are co-opted. 930 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 19?5 (3) The Executive Council shall consti­ tute one or more Committees for making recommendations to the Executive Coun­ cil for appointment to other administra­ tive posts and may prescribe by Ordi­ nance the procedure and methods to be followed in making such recommenda­ tions. Insertion of 13. After Section 29 of principal Act, the Section 29A following new Section shall be inserted as Actge c tio n 29A, namely :— V111 oi l>oj "29A. (1) There shall be a Students’ Advisory Council, which shall consist of the following members, namely :— (i) One Chairman to be nominated bv the Vice-Chancellor from amongst the tea­ chers of the University. (ii) The Director of Students’ Welfare Ex-officio Treasurer. (iii) President, Vice-President and Secre­ tary of the University Post Graduate Students’ Union. (iv) President and Secretary of the Uni­ versity Law Students’ Union. (v) 10 students from Sen affiliated Degree Colleges to be selected by the Executive Council by rotation i i the manner to be prescribe 1 by the Stal ites. (vi) One student fr m each teaching faculty ( [ the Unive sity to be elected as prescr bed by the 1 tatutes. (vii) Five students one from each of the five acth ities mentioi ed below who have shown outstanding p rformances in / the following activities t< be nominated by the Vice-Chancellor, i imely :— ..<7 (1) Sports , J (2) National Service Schemes. (3) National Cadet Corps. * (4) Cultural activities. (5) National Discipline Scheme. (viii) Four lady students to be nominated by the Vice-Chancellor. ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 961 (ix) The Director of Sports and Physical Education, if any, (x) The students members of the Students’ Advisory Council shall elect from amongst themselves the Secretary of the Council. (2) The term of office of the members of the Students’ Advisory Council, other than ex- officio members shall be one year. (3) The quorum to constitute a meeting of the Students’ Advisory Council the rules of pro­ cedures and conduct of business to be followed at a meeting the period within which a meet­ ing shall be called and such other matters shall be prescribed by the Statu'es: Provided that no student shall be eligible to be or continue to be a studant member of the Students’ Advisory Council unless he is enrolled as a student or after he attains the age of twenty-five years. A student member shall tease to be such member if he fails to pass at the next University Examination. (4) The functions of the Students’ Advisory Council shall be as follows, namely:— (i) to make recommendations to die Exe­ cutive Council and the Academic Council in the matters effecting the students cor­ porate life of the University in so far as it concerns the students and the co- curricular and cxtra-curricu’ar activities in the University and the Degree colleges affiliated to the University. (ii) All rules affecting study, welfare, sports, literacy, management of Hostels, Students home, extension work, Social work, Students health, National Service scheme, N. C. C , etc. shall be placed before the Students Advisory Council for its views before any decision is taken by the Executive Council, (iii) The Vice-Chancellor or any authority of the University may ask for the views of the Students’ Advisory Council on any matter concerning the welfare of students. 962 THE ASSAM GA ZE!TE, EXTRAORDINARY, OCT. 29, 1975 (iv) The Chairman of the Students’ Advi­ sory Council shall be the authority to decide whether a matter does or does not concern the students. (v) The Students’ Advisory Council shall frame its own rules of business and shall submit the same to the Executive Council for consideration and approval. Amendment of Section 31 of the'Assam Act VI11 of 1965. 14. In Section 31 of the section (5) shall be deleted the following, namely :— principal Act, sub- and substituted by "(5) The annual budget estimates, refe­ rred to in Section 16(b) shall after these are finalised by the Executive Council be circulated to the State Government, Chancellor and all members of the Court at least fifteen days before they are submitted to Court.” Amendment of Section 15 In clause (f) of Section 32 of the 3 2 o f, ^ r S T a n l principal Act, the following two proviso^ 1965. 01 shall be inserted, namely :— "Provided that no Statutes relating to the management of the Degree Colle­ ges and Halls and the conditions of ser­ vices of the employees shall apply to the Government Colleges and the Govern­ ment Aided Colleges in respect of which the State Government shall make nece­ ssary rules in consultation with the University. No new Colleges shall be given permission or affiliation by the University without prior concurrence of the State Government and that the Uni­ versity shall have no jurisdiction to permit and affiliate new Pre-University Class or College : Provided further that, the Executive Council shall have jurisdiction over re­ cognition and affiliation of Pre-University Section of Degree Colleges and also of existing Pre-University Colleges having Pre-University course only under its jurisdiction and conduct the Pre-Univer- sity Examination till such time the State Government by a notification in official Gazette appoint and vest all such powers of the Executive Council to the Board of Secondary Education, Assam.” the ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 ^963 in Assam Act VIII of 1965. “ Emergency power of the State Gover­ nment.” Amendment 16. In Section 39 of the principal Act, of Section 39 A ^tv in ’of1 I n sub-section (1) the words "the ‘ 1965. R ector” shall be inserted in betw een "(,)” and "or” in the th ird line. (2) In clause (b) of sub-section (2) a fte r item (i), th e following shall be inserted as item (ii) and subsequent item s shall be re-num bered. "(ii) the R ector,” (3) In clause (c) of sub-section (2) a fte r item (i), th e following shall be inserted as item (ii) and subsequent item s shall be re-num bered. "(ii) the R ector,” . 17. In the p rinc ipal A ct,after Section 42, ^«ionsn4°A^o ^ o w n̂ g Sections shall be inserted as Sections 42B and 42C42A, 42B and 42C, nam ely:— "42A. (1) If a t any tim e it appears to be necessary and expedient in the opinion of the S tate G overnm ent, the S tate G overnm ent m ay w ith the p rio r consul­ ta tion w ith the Chancellor, by a notifi­ cation published in the official Gazette, suspend all or any of the pow ers of the U niversity as prescribed in Section 4 of the D ibrugarh U niversity Act and o ther pow ers as m ay be ancillary to such pow ers and take over all or any of the powers of m anagem ent, functions of such au thorities or officers including holding, conduct and superintendence of and arrangem ent and appointm ent of any person or au tho rity in connection w ith any or m ore exam ination or publication of the resu lt of any such exam ination or exam inations or to any m atte r incidental there to for such period as m ay be speci­ fied in the notification and m ay be exercised by the S tate G overnm ent if and w hen necessary during such period in such m anner and th rough such offi­ cers or au tho rity as m ay be considered fit by the S tate G overnm ent. (2) The provisions of the S tatu tes, O rdi­ nances and Regulations fram ed under th is Act re la ting to any one or m ore of the m atte rs refe rred to in the preceding 964 THE ASSAM GAZETTE, EX 1 RAORDINARY, OCT 29, 1975 sub-section may be amended for any of the purposes mentioned therein in such manner as may be decided by the State Government with the prior consultation with the Chancellor and shall take affect accordingly for the purpose of exercising the powers under the prece­ ding sub-section. (3) The State Government tnay constitute an Advisory Committee consisting of at least 3 persons who, in the opinion of the State Government are eminent edu­ cationists for advising the State Govern­ ment in the matter of discharging the powers, duties, functions and responsibi­ lities in respect of which such powers are taken over by the State Government under sub-section (1) of this Section. (4) A ll actions taken under the preceding sub-sections and all examinations held and all results of any such examinations published and all other actions taken under this Section shall be deemed to have been taken, held or published in accor­ dance with the provisions of this Act and shall take effect accordingly. (5) If for exercising the powers under the preceding sub-section any difficulty arises in giving effect to any one or more of the provisions of this Act or of the Statutes, Ordinances and Regulations framed thereunder, the State Govern­ ment may in consultation with the Chan­ cellor by order remove such difficulty as may appear to be necessary for the pur­ pose of exercising these powers.’’ Savings. 13 42B. Notwithstanding anything con­ tained in this Act any decision given, order made, anything done, any action taken or any proceedings commenced under any of the pro­ visions of the Act or Rules, Statutes, Regula­ tions in force immediately before the com­ mencement of this Act, shall, in so far as they are not inconsistent with the provisions of this Act, continue in force and shall be deemed to have been given, made,, done or taken, com­ menced under the provisions of the Act. T ":rpreta- Z THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 965 ------- ------------------------------------------------------------------------------------------------------------------------------ In te l t io a . 19. 42C. If any dispute arises as to the in te rp re ta tion of any of the provisions of this Act, the in te rp re ta tion given by the S tate G overnm ent shall be final and binding to a ll concerned. Md. SAADULLAH, Joint Secretary to the Govt, of Assam, Law Department. Gauhati:—Printed and published by the Supdt., i/c., Printing Press, Directorate of Ptg. & Sty., Govt, of Assam (Ex­ Gazette) No.269— 1,560+1,400-29-10-1975.