The Gauhati University (Amendment) Act, 1975

’ftsFlW w-12 Registered No.™A-12 The Assam Gazette extraordinary «rr« PUBLISHED BY AUTHORITY h? 135, 29 1975, 7 1897 N». 135, Dinpnr, Wednesday, October 29, 1975, 7th Kartika ____________________________ 1897 (S. E.) _ _ _ _ _ _ GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LAW DEPARTMENT NOTIFICATIONS The 29th October 1975 No.LJL.390/75/8.—The fellowing Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published 940 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 for general information.— » ASSAM ACT XIV O F 1975 (Received the assent o f the Governor of Assam on the 23rd day of October, 1975) THE GAUHATI UNIVERSITY (AMENDMENT) ACT, 1975 AN ACT further to amend the Gauhati University Act, 1947 Whereas it is expedient to amend the Gau- Assam Act i Preamble. University Act, 1947, hereinafter called the XVI oi principal Act, in the manner hereinafter appear- 1947- ing ; It is hereby enacted in the Twentysixth year of the Republic of India as follows :— .. 1. (1) This Act may be called the Gauhati and°com- ° University (Amendment) Act, 1975. mencement. (2) It shall come into force at once. A mendment of section 5 of Assam Act XVI of 1947. 2. For sub-section (J) of Section 5 of the principal Act, following shall be substituted, nam ely:— ''(J) to maintain Colleges and Halls to affi­ liate Degree Colleges and Halls not main­ tained by the University and to withdraw such affiliation.” Insertion of sub-section (12) in sec­ tion 8 of the Assam Act XVI of 1947, 3. In Section 8 of the principal Act, after sub-section (11), the following shall be in­ serted as sub-section "(12)”, namely:— "(12) 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 circumstances so demand and vest all powers and functions of these authorities in the Chancellor to control the affairs of the authority or autho­ rities so suspended in such manner and for such a period as deemed fit and reasonable by him.” THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 941 A ? ------ *--------------------------------------------------------------------------------- 4- Section 8A of the principal Act shall be rftheAtSamd e l e t e d a n d Section 8AA shall be renumbered Act x v i of as Section "8 A”. 1947. Amendment 5. (1) For sub-section (1) of Section 8AA £AASecti°f °f the principal Act, the following shall be subs- Assam Act tituted, namely XVI of 1947. "(1) The Vice-Chancellor shall be appoin­ ted by the Chancellor on the recommenda­ tion of an Advisory Board constituted by the Chancellor for the purpose and consisting of three members of whom one member shall be elected by the Executive Council, one member shall be nominated by the State Government and one member shall be nominated by the Chancellor. The Chan­ cellor shall appoint one of them as Chair­ man of the Advisory Board.” (2) For sub-section (2) of Section 8AA of the principal Act, the following shall be subs­ tituted, nam ely:— "(2) The Advisory Board shall recommend a panel of names of three persons to the Chancellor who may appoint one of the per­ sons recommended to be Vice-Chancellor. If the Chancellor does not approve any of the person recommended by the Advisory Board he may call for a fresh recommenda­ tion?’ (3) For sub-section (5) of Section 8AA of the principal Act, the following shall be subs­ tituted, nam ely:— "(5) Whenever there is any temporary vacancy in the office of the Vice-Chancellor by reasons of leave, illness or resignation or other causes, the e Chancellor shall make such other arrangement temporarily as he ‘may think fit for exercising the powers and 942 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 19 75 J 2 C 7 — - — ----------------------------------------------------- -------- ------- ---— — ' ~ ' performing the duties of the Vice-Chancel­ lor for such period as deem necessary. The Chancellor shall determine the emoluments or allowances if any, payable to such a per­ son temporarily appointed to exercise the powers and duties of the Vice-Chancellor.” Amendment 6. In Section 9 of the principal Act, of Section 9 of the Assam . Act XVI of in sub-section (1) 1947. (i) the clause (ii) shall be deleted and sub­ sequent clauses shall be renumbered. (ii) the clause (xvi) shall be substituted by the following, namely :— "(xvi) the Principals of Cotton College, Di- phu Government College, Assam Engineer­ ing College and the Gauhati Medical Col­ lege.” (iii) the clause (xviii) shall be substituted by the following, namely :— "(xviii) one third of the Principals of the Degree Colleges affiliated to the University by election from among themselves and shall retire after every three year in the manner prescribed by the statutes.” (iv) the clause (xx) shall be substituted by the following, namely :— "(xx) 10 persons from the Heads of Deptts. and Professors of the University being al­ lotted Faculty-wise by rotation to be deci­ ded by the Executive Council.” (v) the clause (xxii) of sub-section (1) of Section 9 of the principal Act shall be subs­ tituted by the following, namely :— "(xxii) seven persons to be elected by the members of the Assam Legislative Assembly from amongst themselves.” (vi) The word "seven” at the start of clause (xxiv) shall be substituted by the word ten. (vii) the clause (xxv) shall be substituted by the following, namely :— THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 19S. 943 "(xxv) two Registered Graduates elected by the Registered Graduates of the University who are not employees or students of the University or the affiliated Colleges.” (viii) In clause (xxvii), sub-clauses (a) and (b) shall start with the words "seven” and "two” instead of words "three” and "one” respectively. (ix) In clause (xxvii), the sub-clause (c) shall be deleted. Amendment 7. (1) In sub-section (1) of Section 12 of the o£S?cti?“ ^principal Act, after clause (iv), the following shall Act xvFof’be inserted as clause (v) and (vi) respectively and 1947. subsequent clauses shall be re-numbered accor­ dingly. "(v) The Director of Health Services, Assam.” "(vi) <The Chairman, Board of Secondary Education, Assam.” (2) For clause (v) of sub-section (1) of Sec­ tion 12 of the principal Act, the following shall be substituted, namely :— "(v) Two principals of non-Government affi­ liated Degree Colleges to be elected from amongst themselves.” (3) After clause (v) of sub-section (1), the following shall be inserted as clause (vi) and subsequent clauses shall be re-num­ bered accordingly. "(vi) One Principal of Government a f­ filiated Degree Colleges to be elected from amongst themselves.” (4) For clause (viii) of sub-section (1) of Section 12 of the principal Act, the fol­ lowing shall be substituted, nam ely:— "(viii) three members to be elected bv the Court from amongst its members at its An­ nual General meeting other than employees and students of the University or the af­ filiated Colleges.” (5) For clause (ix) of sub-section (1) of Section 12 of the principal Act, the fol­ lowing shall be substituted, namely:— 944 THE ASSAM GAZETTE, EXTRAOR 1NARR, OCT. 29, 1975 "(ix) Two teachers other than a Dean of Faculty of the University and the Principals of the affiliated Colleges, to be elected by the Academic Council from amongst such tea­ chers who are its m em ber.” (6) For clause (x) of sub-section (1) of Sec­ tion 12 of the principal Act, the following shall be substituted, namely :— "(x) three persons of whom at least one shall be a woman to be nominated by the Chancellor, and ” AMwdnient 8. (1) After sub-clause (iii) of clause (a) of of Assam Acts u t>-section (2) of Section 14 of the principal Act, XVI of the following shall be inserted as sub-clause (iv) 1M7. and subsequent sub-clauses shall be renumbered accordingly. "(iv) The Director of Health Services As­ sam.” & (2) For sub-clause (ix) of clause (a) of sub­ section (2) of Section 14 of the principal Act, the following shall be substituted, namely:— "(ix) fifteen persons to be elected from am­ ong the teachers of the affiliated Colleges and of the University of whom at least twelve shall be from the affiliated Colleges.” (3) For sub-clause (xi) of clause (a) of sub­ section (2) of Section 14 of the principal Act, the following shall be substituted, namely:— "(xi).two persons to be elected by the Court who are not employees or students of the University or the affiliated colleges; and” (4) For sub-clause (xii) of clause (a) of sub­ section (2) of Section 14 of the principal Act, the following shall be substituted, nam ely:— "one Education Officer of the Board of Secondary Education, Assam to be nomi­ nated by the Chairman of the aforesaid Board.” Amendment Section 15 (of Assam A ct_ ' . . ■ - XVI of Section 15 of the principal Act, the following 1947. shall be inserted as clause "(iv)”, namely :— 9. (1) After clause (iii) of sub-section (3) of THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 94S "(iv) ten teachers of the affiliated Colleges representing different subjects to be elec­ ted from amongst themselves : Provided that a teacher so elected shall hold office for a period of two years from the date of his election.” (2) Clause (iv) of sub-section (3) of Section 15 of the principal Act shall be re-numbered as clause "(v)” and the word "eighteen” in the proviso to clause (iv) shall be substituted by the word ''twentyeight” . Amendment 10. For Section 15 A of the principal Act, the following shall be substituted, namely :— A ua« Act XVI *f 1947 15A(1) (a) There shall be a Selection Committee for making recommendations to the Execu­ tive Council for appointment of Professors, Readers, Lecturers, Registrar, Treasurer, Librarian and other officers of the Univer­ sity as may be provided for by the Statutes consisting of the following members :— (i) The Vice-Chancellor as Chairman of the Selection Committee. (ii) three persons not holding any office of profit under the University of whom one nominated by the Chancellor, one to be no­ minated by the State Government and the other to be nominated by the Executive Council (iii) The Registrar shall be the member-Sec- retary of the Selection Committee except for the Selection Committee for the appoint­ ment of Registrar in which case the Vice- Chancellor shall nominate one person as member-Secretary in consultation with the Executive Council. (b) Tn making recommendations for the ap­ pointment of Professors of the University, the Selection Committee shall co-opt the Head of the Department concerned, if he is a Professor, on- Professor of the Depart­ ment to be no ited by the Vice-Chancel- 10’- and two persons not in the services ol 946 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 19? the University to be nominated by the Exe­ cutive Council out of a panel of not less than five names of persons recommended by the Academic Council, who have special know­ ledge of the subject for which the Professor is to be selected. (c) In making recommendations for the ap­ pointment of Readers or Lecturers and other teachers of the University, the Selec­ tion Committee shall co-opt the Head of the Department concerned, one Professor o ' Deptt. to be nominated by the Vice- Chancellor and two persons to be nominated by the Executive Council out of a panel of not less than five names of persons recommended by the Academic Council being persons not connected with the University, who have special knowledge of or interest in the subject for which the Reader or Lecturer is to be selected : Provided that, where the Executive Council proposes to make an appointment otherwise than in order of merit arranged by the Selection Committee in the post 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 recon­ sideration, if the Executive Council desires to pursue its original proposal, it shall refer the matter again to the Chancellor for his derision which shall be fin al: Provided further that, where a Selection Committee recommends to the Executive Council the name of one person only and that person is not acceptable to the Execu­ tive Council, the Executive Council shall record its reasons in writing for not accep­ ting the recommendation and direct the Re­ gistrar to advertise the vacancv again and convene a meeting of the Selection Commit­ tee for making fresh recommendation, and, in so doing, communicate to every member of the Selection Committee the reasons re­ corded as above. (d) Where an appointment is to he made to a temporary vacancy of Teachers of the Uni­ versity, the appointment shall be made, if vacancy is for a period of one year or more on the recommendation of the Selection THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975, 947 Committee in accordance with the provisions of the preceding sub-sections and no ad-hoc appointment shall be made by the Execu­ tive Council.” T , . 11. In the principal Act after Section 15 A, SeHon°15B the following shall be inserted as Section 15 B, in Assam namely :— Act XVI of ; '347- "15 B. (1) There shall be a Students’ Advi­ sory Council which shall consist of the fol­ lowing members, namely :— (i) One Chairman to be nominated by the Vice-Chancellor from amongst the teachers of the University. (ii) the Director of Students’ Welfare-ax- Officio Treasurer. (iii) President, Vice-President and Secretary of the University Post-Graduate Students’ Union. Civ) President and Secretary of the Univer­ sity Law Students’ Union. i'v) 10 students from ten affiliated Degree Colleges to be selected by the Executive Council by rotation in the manner to be prescribed by the Statutes. (vi) One student from each teaching faculty of the University to be elected as prescribed by the Statutes. (vii) . Five students one from each of the five activities mentioned below who have shown outstanding performances in the following activities to be nominated by the Vice-Chan­ cellor, namely (1) Sports. (2) National Service Schemes. (3) National Cadet Corps. (4) Cultural activities. £5) National Discipline Scheme. 948 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 (viii) four lady students to be nominated b.y the Vice-Chancellor. (ix) the Director of Sports and Physical Edu­ cation, if any. (x) The members of the Students’ Advi­ sory 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 procedures and conduct of business to be followed at a meeting, the period within which a meeting shall be called and such other matters shall be prescribed bv the Statutes : Provided that no student shall be eli­ gible to be, or continue to be a member of the Students’ Advisory Council unless he is enrolled as a student or after he attains the age of twentyfive years. A student member shall cease to be such member if he fails to nass at the next University Examination. (4) The functions of the Students’ Advisory Council shall be as follows, namely:— (i) to make recommendations to the Exe­ cutive Council and the Academic Council in the matters effecting the students corporate life of the University in so far as it con­ cerns the students and the Co-curricular and extra-curricular activities in the Uni­ versity and the Degree Colleges affiliated to the University. (ii) A ll rules effecting discipline, welfare, Sports, Literary, Management of Hostels, students Home, extension work, social work, students’ health, National Service Scheme, N.C.C. etc., shall be placed before the Stu­ dents’. Advisory Council for its views before anv decision is taken bv the Ex­ ecutive 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. THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 949 (iv) The Chairman of the Students’ Advi­ sory Council shall be the authority to de­ cide 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 12. For clause (g) of Section 21 of the prin- of theCA°ssamc i p a l A c t ’ t h e f o l l o w i n S shall b e substituted, Act x v iSof1namely 1947. "(g) the condition for affiliation by the Exe­ cutive Council of Degree Colleges and Halls not maintained by the University and for the withdrawal of such affiliation in consul­ tation with the State Goverment: Provided that no statutes relating to the management of Colleges and Halls and the conditions of services of employees shall apply to Government Colleges and Govern­ ment aided affiliated Colleges in respect of which the State Government shall make necessary rules in consultation with the University. No new Degree College shall be given permission or affiliation by the University without prior concurrence of the State Government and that the Execu­ tive Council shall have no jurisdiction to permit and affiliate new Pre-University class or College : Provided further that the Executive Council shall have jurisdiction over af­ filiation of existing Pre-University Section of Degree Colleges and also of existing Pre-University Colleges having Pre-Uni­ versity Course only under its jurisdiction and conduct the Pre-University Examina­ tions till such time the State Government by a Notification in the official Gazette appoint and vest all such powers of the Ex­ ecutive Council to the Board of Secondary Education, Assam.” Insertion of Section 4 2A, 42B and 42C of I Assam Act IXV of 1947- 13. In the principal Act, after Section 42. the following shall be inserted as Section 42A, 42BZ and 42C, namely :— 950 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 "42A(I) If at any time it appears _ to be necessary and expedient in the opinion of the State Government, the State Govern­ ment may with the prior consultation with the Chancellor, by a notification published in the official Gazette, suspend all or any of the powers of the University as pres­ cribed in Section 5 of the Gauhati Univer­ sity Act and other powers as may be ancil­ lary to such powers of management, func­ tions of such authorities or officers inclu­ ding holding conduct and superintendence of and arrangement and appointment of any person or authority in connection with any or more examinations or publication of the result of any such examination or examina­ tions or to any matter incidental thereto for such period as may be specified in the noti­ fication and may be exercised by the State Government if and when necessary during such period, in such manner and through such officers or authority as may be con­ sidered fit by the State Government. (2) The provisions of the Statutes, Ordinances and Regulations framed under this Act re­ lating to any one or more preceding sub­ section may be amended for any of the pur­ poses mentioned therein in such manner as may be decided by the State Govern­ ment with the prior consultation with the Chancellor and shall take effect accord­ ingly for the purposes of exercising the powers under the preceding sub-section. (3) The State Government may constitute an Advisory Committee consisting of at least 3 persons who, in the opinion of the State Government are eminent educationists for advising the State Government in the mat­ ter of discharging the powers, duties, func­ tions and responsibilities 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 publis­ hed and all other actions taken under this Section shall be deemed to have been taken, held or published in accordance with the THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 29, 1975 95j provisions of this Act and shall take effect iccordingly. (5) If for exercising the powers under the preceding sub-section any difficulty arises in giving effect to any one or more of the Statutes, Ordinances and Regulations fra­ med thereunder, the State Government may in consultation with the Chancellor by order remove such difficulty as may appear to be necessary for the purpose of exercising those powers. Saving. 14 42. g Notwithstanding anything .̂con- tained in this Act any decision given, order made, anything done, any action taken or any proce­ edings commenced under any of the provisions of the Act or Rules, Statutes, Regulations in force immediately before the commencement of this Act, shall, in so far as they are not inconsis­ tent with the provision of this Act, continue in force and shall be deemed to have been given, made, done or taken, commenced under the provisions of this Act. Interpreta­ tion. arises as provisions 15. 42. C. If any dispute interpretation of any of the _______ „„ _ Act, the interpretation given by the State Government shall be final and binding to all concerned.” The 29tk October 1975 No.LJL.391/75/’.—The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for' general information.— 3 ASSAM ACT XV OF 1975 (Received the assent of the Governor o f Assam oa the 23rd day October, 1975) THE ASSAM KHADI AND VILLAGE INDUSTRIES BOARD (AMENDMENT) AN ACT Further to amend the Assam Khadi and Village Industries Board Act, 1955. Preamble. Whereas it is expedient further to amend the Assam Assam Khadi and Village Industries Board Act, 1955. Act hereinafter called the principal Act, in the manner "o f hereinafter appearing; 1955