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 ed 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 jn 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 fiv e successive meetings of the Executive Council as the fo r' 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 1947 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 a t 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°V po- °pin ‘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.